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Honored Contributor
Posts: 13,775
Registered: ‎07-09-2011

Re: Ceiling Fan Fell On My Head - Should I Sue?

I would include the entire cost of vacation:

 

    Rental

    Stocking food, etc.

    Treavel expense to and from venue and medical facility

 

This event surely damaged your enjoyment of your vacation, and ate up your time going to the physician.

"Animals are not my whole world, but they have made my world whole" ~ Roger Caras
Honored Contributor
Posts: 9,592
Registered: ‎03-09-2010

Re: Ceiling Fan Fell On My Head - Should I Sue?

If this happened to me...$50,000 would be my starting point in negotiations.  It likely would go higher than that if I had further problems.  

Honored Contributor
Posts: 14,752
Registered: ‎03-15-2014

Re: Ceiling Fan Fell On My Head - Should I Sue?

There's always a personal injury lawyer who will be anxious to help you.  He or she may even take your case on contingency.

Honored Contributor
Posts: 9,592
Registered: ‎03-09-2010

Re: Ceiling Fan Fell On My Head - Should I Sue?


@happyplace2 wrote:

@scatcat wrote:

I think it’s funny how this has turned into the crime of the century. I’m picturing high powered attorneys with boxes of documents shuffling into a courtroom to face a packed jury box. Judge Judy ready to sort out all the evidence. You are going to settle with the insurance company. There is no suing. You can do it by yourself or hand 1/3 of your check to Johnnie Cochran. 

 

Your medical insurance company will want to be paid back by their company, but they go after them. Not you. It’s just passing on information 

 

 

Thank you for the excellent laugh! Great writing! You cracked me up and I needed that. Picture me dramatically revealing my creepy eyebrow to the courtroom to gasps of horror!

 

I thought it would be an open and shut settlement. But my scabs are still healing and I was just told $1000 for everything was their one and final offer. 


I'm sorry they told you that, but they're hoping to get out of this as cheaply as they can.  

 

It is not their final offer...they're just praying you take the bait.  

Honored Contributor
Posts: 21,733
Registered: ‎03-09-2010

Re: Ceiling Fan Fell On My Head - Should I Sue?


@Blingqueen023 wrote:

@suzyQ3 wrote:

@Blingqueen023 wrote:

Of course sue, it's the way of the world today.  If that happened to me, I would have used my health insurance and called it a day.


@Blingqueen023, there are very legitimate reasons for suing. The fact that there are obviously litigious people out there should never dissuade an honest lawsuit. It's our protection against negligent and/or irresponsible people or businesses.


@suzyQ3 I respectively disagree.  Accidents happen.  If it were me, I would use my health insurance and move on.  Everybody today is sue happy.  You look at somebody cross eyed you'll get sued.  You tap somebody with your car you get sued, and so on and so.  


@Blingqueen023, the question is whether this was an accident. If the owners were negligent, then, no, they are liable.

 

And I'm sorry to let you know that if you "tap" someone's car and leave any damage at all, you are responsible.


~Who in the world am I? Ah, that's the great puzzle~ Lewis Carroll, Alice in Wonderland
Respected Contributor
Posts: 2,847
Registered: ‎03-09-2010

Re: Ceiling Fan Fell On My Head - Should I Sue?


@suzyQ3 wrote:

@Blingqueen023 wrote:

@suzyQ3 wrote:

@Blingqueen023 wrote:

Of course sue, it's the way of the world today.  If that happened to me, I would have used my health insurance and called it a day.


@Blingqueen023, there are very legitimate reasons for suing. The fact that there are obviously litigious people out there should never dissuade an honest lawsuit. It's our protection against negligent and/or irresponsible people or businesses.


@suzyQ3 I respectively disagree.  Accidents happen.  If it were me, I would use my health insurance and move on.  Everybody today is sue happy.  You look at somebody cross eyed you'll get sued.  You tap somebody with your car you get sued, and so on and so.  


@Blingqueen023, the question is whether this was an accident. If the owners were negligent, then, no, they are liable.

 

And I'm sorry to let you know that if you "tap" someone's car and leave any damage at all, you are responsible.


@suzyQ3 Sorry to disappoint you, but my spouse tapped a car while sitting on ice at a stop light.  He didn't damage her bumper at all, but she tried to sue him for all kinds of medical expenses with our insurance company.  State Farm was too smart for her antics and didn't pay her a dime.  They sent their own investigation people after her and she dropped her suit as quick as it came.  This is what I mean people will sue you over a drop of a hat today all for the almighty dollar.  Well, State Farm was on the ball and totally destroyed her medical claims.  We paid nothing to this woman.  Thank goodness that our insurance company was on the ball for these frauds.  

Honored Contributor
Posts: 9,739
Registered: ‎05-19-2012

Re: Ceiling Fan Fell On My Head - Should I Sue?

[ Edited ]

Lawyer up and protect your precious self.

 

Best of luck to you and I hope you have a full and complete recovery.  But please see what a lawyer advises you to do for your greatest protection and benefit.

Respected Contributor
Posts: 2,910
Registered: ‎05-08-2017

Re: Ceiling Fan Fell On My Head - Should I Sue?


@Blingqueen023 wrote:

@suzyQ3 wrote:

@Blingqueen023 wrote:

@suzyQ3 wrote:

@Blingqueen023 wrote:

Of course sue, it's the way of the world today.  If that happened to me, I would have used my health insurance and called it a day.


@Blingqueen023, there are very legitimate reasons for suing. The fact that there are obviously litigious people out there should never dissuade an honest lawsuit. It's our protection against negligent and/or irresponsible people or businesses.


@suzyQ3 I respectively disagree.  Accidents happen.  If it were me, I would use my health insurance and move on.  Everybody today is sue happy.  You look at somebody cross eyed you'll get sued.  You tap somebody with your car you get sued, and so on and so.  


@Blingqueen023, the question is whether this was an accident. If the owners were negligent, then, no, they are liable.

 

And I'm sorry to let you know that if you "tap" someone's car and leave any damage at all, you are responsible.


@suzyQ3 Sorry to disappoint you, but my spouse tapped a car while sitting on ice at a stop light.  He didn't damage her bumper at all, but she tried to sue him for all kinds of medical expenses with our insurance company.  State Farm was too smart for her antics and didn't pay her a dime.  They sent their own investigation people after her and she dropped her suit as quick as it came.  This is what I mean people will sue you over a drop of a hat today all for the almighty dollar.  Well, State Farm was on the ball and totally destroyed her medical claims.  We paid nothing to this woman.  Thank goodness that our insurance company was on the ball for these frauds.  


 

 

Liability and damages are two entirely different elements. Your husband was responsible (liable) for the damages. She was unable to prove she had damages so she got nothing.  

 

Had she proved damages and was awarded them, the insurance company would pay them.
 

Contributor
Posts: 72
Registered: ‎02-14-2015

Re: Ceiling Fan Fell On My Head - Should I Sue?


@software wrote:

@happyplace2 wrote:
Thank you, did that. My lawyer said I have a case but I'm unsure. I think the fan was a DIY install that failed but the homeowner and their insurance.company have adamantly denied fault from day one. What if I end up with no medical and a lawyer bill!

\\

Get another lawyer.

You shouldn't have to pay unless the lawyer gets you a settlement

Then the lawyer gets some of the settlement money, the percentage is negotiable.


 

 

Didn't know that was an option! Thank you!!

Contributor
Posts: 72
Registered: ‎02-14-2015

Re: Ceiling Fan Fell On My Head - Should I Sue?


@software wrote:

Whoever paid for your medical expenses until now should get all that money back from the owner of the fan.

 

Its called subrogation.

 

 

Thanks! The insurance companies opened a subrogation file on this but I am concerned they'll deny any bills above the $1000  they say is their limit here, under "guest medical" part of Homeowner's Policy.