Need some advice

[peemagg]

I have a situation that I could use some help with.

Years ago I broke my foot in a car accident. I went to court and won lifetime medical coverage for that foot. Well a few weeks ago while at college I was using my special crutch and fell down some stairs that had no hand rail. I have now broke the foot again and to top it all off I also have developed RSD in that foot.

Well now the insurance company that is supposed to pay for the medical for life is trying to get out of it if they can.

I guess what I am asking is if you think I should contact a lawyer a) because of the unsafe steps and b) because of the insurance company trying to get out of their responsibilities.

I am just so confused as to what to do. What would you all do?

 

[Tiggerish]

I am thinking I might see a lawyer. It sounds like the insurance company is thinking the fall down the stairs is an "independent intervening act" which might relieve them of responsibility. Is it possible that the residual weakness and disability in your foot caused or contributed to the fall? That might be a position you could take with them. Basically the school is going to say the foot problem caused the fall and the prior company is going to say the lack of a hand rail caused the fall. Either way, a lawyer should not charge you anything to consult about this type of case.

 

[peemagg]

That is exactly what the insurance company is trying to say. The other problem with this is that the RSD can atrophy bones and muscle. Weakness in the foot and leg is there. I can't walk very far at all. That is why I was using my special crutch. I have learned my lesson now and I only use my scooter for the classes, but that is a whole nother issue. What fun!!!

Thanks for the advice.

 

[CANDICE]

Go see a lawyer! I was in a car accident in 1995 and developed RSD of the right arm. Now it is in my left arm and I quit work last year and I am currently trying to get SSD. RSD is bad stuff. It has ruined my life. Get help for it early.

 

[Schmeck]

Before you go after the college for lack of a handrail, find out two things:

1) what is the building code in your area for stairs - does there have to be a certain number/size of a step before a railing is mandated?

2) what are the possible repercussions for you if you sue your college? I'm sure they will not be too thrilled with you, and may decide to make things very difficult!

 

[peemagg]

Well after consulting with a lawyer, there is nothing I can do because the college (MSU) is a government entity and therefore exempt from lawsuits.

It also isn't the college I go to, but some of my classes from another college are being held in their gardens.

I was told that because the stairs are not connected to a building this is how they can get away with it.

Thankfully the bone healed quickly, unfortunately it has caused a few issues with my insurance company who has to pay for that foot for life, but the lawyer did say that they did have to keep paying, and if they didn't to contact them again. So far only a bit of a headache, but it is working out.