Seatbelts....

[eclark53520]

The truth as you see it, not the absolute truth. And it DOES affect the lives of others.

People die. It's our ultimate goal in life. Whether it's at age 2, or age 112, it's gonna happen. You need to be prepared for it at all times. Does it affect others? Absolutely, however, i'm pretty sure odd's are, it affected the person that died's life a helluva lot more than those who survived them(assuming it was unexpected and unwilling).

At the moment, i'm worth more money dead than i am alive.

 

[JEFF4i]

At the moment, i'm worth more money dead than i am alive.

Perhaps it is because I am not.

 

[SilverUberXeno]

But sling, it is definitely possible that your son would not have been hurt AT ALL, or certainly not as badly, if he had been protecting himself by wearing a seatbelt. That's why it's a law. I think it's a ridiculous law in principle because personal risk is a personal decision; bungee jumping is not illegal. The issue is this very situation; you cannot KNOW what would or wouldn't have happened if he had had his seatbelt on. I would be surprised if you get anywhere with the lawsuit. There's always a chance that the driver loses control. The personal responsibility is the seatbelt.

I can see the insurance company saying, "He should have been wearing his seatbelt. His injuries are just as much his own fault as the driver's."

The seat belt principle is beside the point. Again, I really am glad things turned out the way they did. I bet he'll never even get on a bicycle without a seatbelt in the future.

 

[Slingblade61]

I would be surprised if you get anywhere with the lawsuit.

I can't begin to tell you how happy I am that you are not my attorney!
While the seatbelt is an issue, its very small in the eyes of the law(my attorney used a particular phrase about that and I don't remember what it was) and recovering my medical expenses, attorney fees, etc.....will likely be no problem. Insurance companies typically settle these types of cases.

The people I hired would not have taken the case if they thought like you do.

 

[eclark53520]

Insurance companies typically settle these types of cases.

Exactly one of the major problems with this world country IMO. Frivolous lawsuits are rewarded.

The people I hired would not have taken the case if they thought like you do.

If they thought ethically and honestly, they wouldn't be lawyers.

 

[Slingblade61]

That's easy to say Clark. Also a little shortsighted.

 

[MCDavis]

I basically agree with you, boss, but I do have one question: Did you go to the attorney because the driver's parents aren't willing to let their insurance cover it? I know that with my insurance, I would simply call my agent, tell them what happened, and tell them to have my insurance company handle it. To me, it's up to them to sue each other without me getting an attorney involved. And yeah, I've had to do this in the past and that's how it's worked. And, it's resulted in no additional cost to me.

 

[eclark53520]

That's easy to say Clark. Also a little shortsighted.

You can't tell me the judicial system in this country isn't clogged up with a lot of frivolous lawsuits.

All lawyers being bad...you're right, that's short sighted...i'm sure there are some good ones out there.

 

[xamilo]

Exactly one of the major problems with this world country IMO. Frivolous lawsuits are rewarded.

If they thought ethically and honestly, they wouldn't be lawyers.

You are wrong. This is not a problem with YOUR country, its a problem everywhere in the world!

That's the reason I have to spend almost half my year's income in a Medical Malpractice Insurance Policy costing up to $40k-$50k a year, because people try to get money from everywhere they can. It doesn't matter if there is a real reason or not, if there is a chance most will try it anyway.

I have a fellow Cardiothoracic Surgeon who was sued a couple of years ago due to one of the most stupid cases ever. A 20 year old patient came to the ER with two 9mm shots in his chest area and a perforated left heart auricle. The patient's prognosis couldn't be worst, and 90% of physicians would have just given supportive measures and wait for his death. This guy had done some training in Russia, and had learned a technique for direct heart hand massage. When he examined the patient, he decided it was the only way out for him to have a chance of surviving so he opened his chest in the room, grabbed his heart and started pumping while taking him to the OR. They closed the auricular perforation but the guy died two hours afterwards since the blood loss and damage was way beyond anything reparable.

My friend told the family what he had done in order to try to have one more chance of saving the guys life, and explained everything to them. The stupidest thing happened afterwards, when the surgeon received a notification that a lawsuit against him was pending regarding "the use of a non-conventional technique not approved by the American College of Heart Surgery" and he was blamed for the guys death, even though the guy was death to start with.

The curious thing is there was no legal fight about the "shooting" which had happened in their neighborhood and which suspects where all known people (to the family), but rather they put all their efforts in getting the most money from the Hospital instead.

My friend's license was suspended, and a the end they conciliated on around $500k (which thankfully it was paid by the insurance company).

He had to migrate to Argentina where he is working now, due to the ridiculous reward toward stupid lawsuits which always have this extremely greedy dishonest lawyer who is willing to destroy other people careers, people who have done nothing but help their community, in order to get a couple of dollars out of it.

Lesson learned? Yes, of course. If any of your family members came to the ER with anything I know I can do something to save their lives but its not written down in the procedure manuals given by the clinic, and there is the slightest chance ever for things not to go perfectly ok (which is never, obviously), I'll rather let them die and avoid a lawsuit against me.

So yes, I agree 100% with you Eclark, and any time any of you has a complain about how you were treated in a medical consultation, hospital, clinic, etc, remember it was people who unconsciously voted for this type of things to happen when letting frivolous and mal-intentioned lawsuits to hit even the medical field.

 

[shep3470]

The people I hired would not have taken the case if they thought like you do.

Of course they took your case. Either way they get paid. If you lose, they get paid by you. If you win, they get paid by the other side. If i were a lawyer I would have taken the case. It's a win-win situation for them. Win or lose their pockets will be padded.

 

[Slingblade61]

Of course they took your case. Either way they get paid. If you lose, they get paid by you. If you win, they get paid by the other side. If i were a lawyer I would have taken the case. It's a win-win situation for them. Win or lose their pockets will be padded.

Um, nope.
If they don't recover my expenses they get nothing.
They assume the risk not me.

Thanks for playing!

 

[shep3470]

Um, nope.
If they don't recover my expenses they get nothing.
They assume the risk not me.

Thanks for playing!

Well that is great. Hope it works out well considering seatbelts are required by law.

Hell, the accident could have a ripple effect. Sling will sue because the drive failed to maintain control of the car. Then somewhere down the line they will find something very minor with his son's brain and will sue for that, claiming it was caused by the accident. Then the son will find a way to go on disability and put an unnecessary burden on the taxpayers. Man Sling, with a little luck this little accident could set you and your son for life.

We can even continue this scenario (funny, but it could happen). When Sling wins the court case, the kid driving the car will have his insurance go up so much he cannot afford it. Depressed that he can cannot afford car insurance and cannot get a job because he cannot drive, he turns to the bottle. One night he runs out of beer and takes his pregnant girlfriend's car while she is asleep. He manages to get to the gas station to pick up the 40's but on his way home he crosses the road and hits a car head on, killing the driver. The kid then goes to jail, payed for by the taxpayers. The wife of the driver that was killed will sue the kid, but then drops the charges once she learns he has no money because Sling sued the $hit out of him, leaving him with nothing.

 

[eclark53520]

Well that is great. Hope it works out well considering seatbelts are required by law.

Hell, the accident could have a ripple effect. Sling will sue because the drive failed to maintain control of the car. Then somewhere down the line they will find something very minor with his son's brain and will sue for that, claiming it was caused by the accident. Then the son will find a way to go on disability and put an unnecessary burden on the taxpayers. Man Sling, with a little luck this little accident could set you and your son for life.

We can even continue this scenario (funny, but it could happen). When Sling wins the court case, the kid driving the car will have his insurance go up so much he cannot afford it. Depressed that he can cannot afford car insurance and cannot get a job because he cannot drive, he turns to the bottle. One night he runs out of beer and takes his pregnant girlfriend's car while she is asleep. He manages to get to the gas station to pick up the 40's but on his way home he crosses the road and hits a car head on, killing the driver. The kid then goes to jail, payed for by the taxpayers. The wife of the driver that was killed will sue the kid, but then drops the charges once she learns he has no money because Sling sued the $hit out of him, leaving him with nothing.

I lol'd

 

[Slingblade61]

I lol'd

me too.

 

[warbirdlover]

I could have swore I posted in this thread but in any case glad your son is going to be okay sling...