injury....few questions...

[pink_amulet]

OK I have two questions.....

At my brother's wedding my son was hurt. He got his fingers caught in a door, and broke his finger, and had to have stitches, they knocked him, and everything. We rushed him to the ER. The wedding was at "The Grove" a historical Estate (old house) that is rented out for parties, and such. At the ER in all the chaos of bloody tuxes (hubby's and son's) and bridemaid dress (mine) I just gave the ER my ID and insurance card, however I did tell them where it happened. I saw online, the hospital submitted to the insurance (hasn't been processed yet) but the bill is over $3240.00. ....NOW do I just let my insurance pay it and contact the Grove and have them submit it the balance to their insurance?? My mom, already made the comment, "you aren't going to be one of those people and try to sue the Grove are you? They didn't do anything wrong." I was like "no" ......just to quite her. However our portion of the bill will be about $500-$600, plus my son still has to go back to the Orthopedic in 3 weeks. My hubby and I want tot tell the Grove...hey it happened on your property , you should pay....but can I?? they really didn't do anything wrong. That was another reason why we just gave them our insurance card.

Another point is can we ....(if it got to that) got to court over this in regards to our BK?? I know there were questions about sueing anybody in the next year and we said no.....worse case...can we?? We will be one year discharge in Jan 2007.

Any advise would be helpful..thanks

jessica

[Minnymouth]

How old is your son????
Was it a freak accident?? (like door closing on his fingers - and locked)???

If the The Grovewas rented, I'm sure there's some kind of insurance coverage in the rental agreement to cover any accidents that might happen during the rental time.....

Contact the owners of The Grove and see if they have insurance to cover injuries on the premises... Was this injury due to their neglect, damaged door, etc???? Or just plain ole accident on part of your son???

More than likely this would not constitute a lawsuit...... accident happen on site many places, and The Grove would have to be proved to be negligent or at fault for the injury.....

Yes you could file a lawsuit, would you win, probably not..... If you did the Trustee would re-open your case, take what you won and pay your creditors...... because this happened during the bankruptcy process.... and you as parents would receive the funds...

If you filed a lawsuit on behalf of your son, and any winnings were put into a trust fund for you child till he turned 21, then the Trustee could not bother it....

Lots of if's and and's........... but more than likely... no lawsuit...... especially if just an accident.....

File with your insurance company and let them fight it out with The Grove to get their money back..... and they may even get compensation for your son's injury for you....

Keep us posted with what you are doing,

[SinkingFast]

Generally speaking, when an accident happens in a public place like that, in order to win a law suit, you'd have to prove blatant negligence on the part of the Hotel, or in your case, the "Historical Estate". If the door was hung and functioning properly and son getting his fingers caught was simply an accident, then you won't have a case against the Grove.

That does not mean that the Grove won't pick up the difference between what your insurance pays and the remainder of the bill. Like Minny said, those places do carry liability insurance. They have to. They have to protect themselves against slip and fall injuries. Just like you do on your homeowner's insurance.

So while you may not have a case for a law suit, if you approach the folks at the Grove about the situation and your son's injury, the Grove may pay your out of pocket expenses that your insurance does not cover.

[lrprn]

Something to keep in mind....if you did take The Grove to court and they had to pay you more than your deductible amount, then your healthcare insurance company will request that you return any extra money beyond your deductible back to them. It's called "subrogation" and it prevents a policy holder from receiving payment for the same injury twice (once from your insurance company to the hospital to pay for the injury when it happens and again later from a lawsuit related to the same injury if you pocket the money meant to pay for the injury). Check your healthcare insurance policy - 99% have this clause included.

Good luck - hope your son's hand and fingers continue to do ok.

[anonymuse]

I know when I slipped at my parent's house and broke my leg, his policy was written such that I got $2K, no questions asked, and it didn't have to be applied to the medical bills I paid. Won't hurt calling the grove and seeing what their coverage is.

[13inOR]

I work for a health insurance company and any ailment that appears to be an accident, generates an accident questionairre, and one of the questions it asks is, where did this injury occur? My company requires that we have the info of the facility or location's liability insurance, and will actually deny the members claim until we receive it if we know it happened at any location that is required to carry liability. There is nothing wrong with requesting this, and in fact, its required if you have health coverage. Lawsuit notwithstanding, the place will expect you to need this info, even if no
negligence was done on their part, it still happened on their premises.

[pink_amulet]

[Minnymouth]

If you get a lot of slack from the Grove, call the Better Business Bureau ad let them know your son was hurt on the premises and that you are having trouble getting insurance information out of this business...... Believe me, they will take care of the situation...... no questions asked.....

I had my fingers closed up in a car door when I was 5, AND YES IT HURTS...... my one finger is still bent and the other has arthuritus in it now.... nothing broke but the bend marks are still there after all these years.... My brother slammed the door too, it was locked, and I had to wait till someone got a key to open it..... I still remember HOW BAD IT HURT......

Hope your son is okay.....

[Jenny]

It was an accident. Restaurants, government buildings, nearly every place I can think of has doors with hinges that can catch little fingers. It's no one's fault, and the place certainly isn't at fault. When you have children over to your house I guess you must remove all the doors or will willingly pay for all the medical expenses for a kid who gets his fingers caught in a door. Or what if they fall down the stairs? Or trip over a cord?

I can't believe you'd even consider suing a business over this. What are you teaching your child? Anytime he makes a mistake or a bad decision it's someone else's fault? Sue sue sue sue sue. This is the reason hair dryers have warning labels attached to the cords saying "Don't use while sleeping".

[SinkingFast]

It was an accident. Restaurants, government buildings, nearly every place I can think of has doors with hinges that can catch little fingers. It's no one's fault, and the place certainly isn't at fault. When you have children over to your house I guess you must remove all the doors or will willingly pay for all the medical expenses for a kid who gets his fingers caught in a door. Or what if they fall down the stairs? Or trip over a cord?

I can't believe you'd even consider suing a business over this. What are you teaching your child? Anytime he makes a mistake or a bad decision it's someone else's fault? Sue sue sue sue sue. This is the reason hair dryers have warning labels attached to the cords saying "Don't use while sleeping".

Jenny,.............

Why do you even bother coming here??

Or is your real name Lightening??!!

[Jenny]

I'm participating in the discussion.

Buying items on credit cards is not the same as taking out a car loan. When you have a car loan, you don't own the car. You and the bank own the car jointly. If you don't pay, then the other owner has rights. If you can't afford to pay for the car, you can give it back (repo) or file bankruptcy. Both are legal.

[pink_amulet]

It was an accident. Restaurants, government buildings, nearly every place I can think of has doors with hinges that can catch little fingers. It's no one's fault, and the place certainly isn't at fault. When you have children over to your house I guess you must remove all the doors or will willingly pay for all the medical expenses for a kid who gets his fingers caught in a door. Or what if they fall down the stairs? Or trip over a cord?

I can't believe you'd even consider suing a business over this. What are you teaching your child? Anytime he makes a mistake or a bad decision it's someone else's fault? Sue sue sue sue sue. This is the reason hair dryers have warning labels attached to the cords saying "Don't use while sleeping".

LOL ....OH MY GOSH........you are a joke!!! and guess what???? YES we do have those guards on our doors, (to make sure fingers don't get caught), and YES we DO have any wires/cords tied up and out of the way....guess what Genius? it's called CHILDPROOFING!!!!

First of all I don't want to SUE over this. IF YOU READ MY POST CORRECTLY....duh, you will see I wanted to see what the options were and "what if's?"......If you are so perfect and have all the answers..WHY are you here?

I have NEVER been in an accident neither has either of my boys....so SUE ME, if I ask questions. I 'm not looking for a hand out/get rich quick scheme, I was wondering how these situations are handled!! WHY oh WHY do places carry insurance....to cover situations like these....??HHHMMM ..yes
OH and by the way DO YOUR homework before you come down on someone....there is a provision called 'NO FAULT"...do you reading before you come and start crap with people!!!

Oh and as for my child (who is ONLY 5yrs old)..... I guess I am teaching him something...."Inform yourself when faced this such situations, before you make decisions!!" ....How dare you.....Don't talk about what I teach to MY...yes MY child!!!Geesh the nerve of some people!

Oh and don't bother responding ...I will just ignore it and you will look like an idiot talking to yourself!


On the other hand, Thank You to the OTHER posters go gave advise instead of nasty remarks. I appreciate the input, and comments that were not demeaning!!!

pink_amulet

[SinkingFast]

I'm participating in the discussion.

Buying items on credit cards is not the same as taking out a car loan. When you have a car loan, you don't own the car. You and the bank own the car jointly. If you don't pay, then the other owner has rights. If you can't afford to pay for the car, you can give it back (repo) or file bankruptcy. Both are legal.

And that has what to do with a child getting their fingers caught in a door and severly injured??!!

LOL ....OH MY GOSH........you are a joke!!! and guess what???? YES we do have those guards on our doors, (to make sure fingers don't get caught), and YES we DO have any wires/cords tied up and out of the way....guess what Genius? it's called CHILDPROOFING!!!!

pink_amulet

OMG! Pink!! I remember those days sooooo well!!

I was so glad when the kids got older and we didn't have to deal with child-proofing anymore.

No more kitchen drawer and cabinet locks. No more electrical outlet stoppers.

As great as all those things are to keep kids from hurting themselves, they're a pain in the butt for adults.