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So I just fired my lawyer today.
Enigma
Member UncommonPosts: 11,384
If you guys dont know what happened, to make a long story short, I fell into a hole inside a building at my workplace. The result was a broken right fibula and a left broken ankle (basically both feet broken).
I have a lawyer because my job is unwilling to pay me for the two weeks I was out of work. Anyone would get a lawyer under the circumstances.
However, my lawyer kept on talking about punitive damages and basically wanting me to ask for a settlement about 55 times larger than what I wanted for my unpaid absence.
I asked him "what the hell for?" and he replied "so they wont do this again."
I then informed him I will not be needing his services anymore. I mean, that is just messed up in my opinion. Sure, my job is being an ass for not paying me...hence why I am sueing them in the first place...but to ask for 112,000 dollars? Jeebus. My job already paid for ALL of my medical.
I cannot stand frivolous lawsuits and I know if I took that amount to court, the Judge would have laughed my ass out of the courthouse.
What do you all think? Would you have gone with the "punitive damages" or sue for the amount you are owed based on my situation only?
People who have to create conspiracy and hate threads to further a cause lacks in intellectual comprehension of diversity.
Comments
I do not think I would be making a post about this on any web page.
I never mentioned which job I was talking about
and ones who do know already know about the lawsuit. Its fine.
People who have to create conspiracy and hate threads to further a cause lacks in intellectual comprehension of diversity.
Is your health frivolous?
Is your ability to work frivolous?
If your employers are such wonderful people, they wouldn't have rejected your very reasonable original request out of hand like that. They apparently do not value you as an employee very much.
The lawyer you fired is right. The next lawyer you will fire will be right. Your employers need to have monetary pain inflicted on them to get them to wake the eff up and not allow this situation to happen again....both the hole you fell into, and the treatment of an employee injured through their negligence.
If you don't, your employer will, rightly, appraise you as a chump who can be exploited.
In addition, you'll then save the next person injured on the job due to your employer's negligence the hassle of having to sue them to get a reasonable, amicable resolution. Well, at least there is a chance that they'll learn from your legal action and do so. But unless you take action, it won't happen.
The whole point of tort law, and punitive damages for actual wrongs, is to modfiy the behavior of the negligent. Even if they're insured (and they probably are) it wlll modify behavior because if they keep doing negligent things, no insurer will do business with them.
Why you cut your employer slack, when you wouldn't hestitate to demand the harshest penalty available upon the conviction of someone who wronged you by robbing and beating you I can't fathom. But apparenlty you're willing to coddle your employer.
If you don't feel it's honorable for you to accept the excess damages, contribute those funds to a local charity. The point is, your employers need to change their behavior. A slap on the wrist won't do it.
CH, Jedi, Commando, Smuggler, BH, Scout, Doctor, Chef, BE...yeah, lots of SWG time invested.
Once a denizen of Ahazi
yea you were wrong to fire your old lawyer, if your work is not as considerate as to compensate you for hurting yourself unintentionally (potentially for life if things heal wrong or any problems occurred in the surgery) then they should be willing to take the harshest punishment possible. I just think its morally wrong what they are doing to you, and people like that need to be taught a lesson.
have you seen all your medical bills yet? Pain and suffering is there for a reason. You may not know if you have a permanent chroinc pain yet. Are you prepared for huge medical expernces? What about time off from work? You do not know what your long term expences will be from this yet . Just rambeling ( insomina bites) . It is ok to be reasonable but usually with the new reforms there are guidelines and most folks settel if other side is remotely reasonable with documented ligatment medical expences
Hell I'd take the money. I have never had a job where I felt I owed my employer anything because they actually gave a shit about me.
It's pretty standard to get about 10 times the amount it actually set you back in damages. I say go for it.
He wanted to sue for punitive damages so his paycheck would grow. Just sue for the value of what you should have earned and also your court costs including lawyers fees and any time spent directly related to this case, your time has value. Also I believe you are entitled to sue for some pain and suffering, I am sure it didn't feel too great.
112,000 is hardly that much to a huge company. And you broke both your feet (or legs) and they still refused to pay you for the 2 weeks you took off for a work related injury. I mean if your lawyer asked for like 500,000 then i would agree. But 112,000 seems about right for all the time your going to be spending in a wheelchair.
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Who was responsible for the accident?
The only reason I can see your lawyer winning this case for more than your loss of income is if basic safety precautions at the workplace were not followed.
If they were followed, I would have a moral issue with asking for so much money I think. I'm not sure though, it's hard to say.
Well from what I know since I am friends with 2 judges so they study both US and EU laws.
It's not uncommon for lawyers to ask more than the actual amount. It's not frivolous lawsuit in your case.
First of all the excuse me if I forget the english terminology, the pain and suffering is a standard issue. You didn't get any pay for the 2 weeks. I doubt your bills thoughs would care about it. So yes it is stressful. Basically the lawyer asks not only the money that they owe you but also he ask to compensate you for the undue stress they put you through while in a handicapped state. So imo at least yes you are owed also that amount. And also I have to add that even if you asked only the 2 weeks amount you would get much less than that. Lawyers are aware of that so they try to get the best amount possible.
A friend is not him who provides support during your failures.A friend is the one that cheers you during your successes.
Well I don't know about 55 times BUT what your emplyer is doing is illegal. They are REQUIRED to file a Workmens compensation claim on your behalf within 24 hours. I believe I said that in an earlier message. I did consult a WC claim person.
What your employer is doing to you is very illegal. WC should cover it from the time of the injury not them. I do not understand how they could refuse to pay you anyway unless they didn't file mainly because WC pays your wages at that time not them. Once you file a claim its out of your employers hands. WC is a state administered program.
Someone isn't doing something right over there. Now I can see why you don't want to pursue the amount of damages HOWEVER there is no guarantee that you will get that amount anyway. Yes it sounds like a large amount but if I remember correctly you were fearful of being fired a few weeks ago and if memory servers you have a wife and children. Not exactly what I would call a smooth processing of an injury at work claim through WC. Had they fired you how did you plan on paying your bills?
Now I don't know all the details so I may be off on this but...sounds like your employer doesn't want to file a claim to me and tried to handle it inhouse. That's a BIG no, no.
I think punative measures are more effective than executive or legislative regulations in curbing corporate abuse. Sue the bastiches.
fishermage.blogspot.com
ok let me be a little more specific
1. No it is not my fault whatsoever. The company laid fiber optic cables underneath the floor boards and there was a hole. Rather than fixing it correctly, they covered it with a slab of carpeting. You could not see the hole.
2. They did pay for all my medical bills. That's their contention for taking care of workers comp.
Their contentions are since I sit down and work, I could have come back to work two days after I broke both of my feet. Since sitting does not require the use of my legs.
My contentions are I was fully sedated on narcotics for two straight weeks. There was no way I could work...even sitting down.
People who have to create conspiracy and hate threads to further a cause lacks in intellectual comprehension of diversity.
enigma, i know the story. i know the hole you are referring to.
when i got hurt at MY employer(ahem) on the job, they made me use all of my sick and vacation time before workers comp kicked in. claiming it was policy but in reality, they filed the paperwork late.
things like this, what you and I experienced regarding pay, is not by accident.
your lawyer is right, he is doing this to protect the next worker from not getting paid.
if you feel guilty about sueing for more than it is worth, instead think that you are protecting the next accident victim. keeping food on the next victims table.
-I will subtlety invade your psyche-
i know a thing or two about this.
it might differ from state to state however.
a workers comp case requires a note from your doctor that permits you to return back to work.
i offered to sit at the phones when i was hurt due to less money from workers comp. they rejected me, insisting i needed a doctors note.
quick story.
i wanted a few days off without using my sick time or vacation. i 'fell' on the job( at a customers house) knowing i would be drug tested and the companies policy is no work(but paid) until the drug results come back-usually 3 days. i enjoyed taking advantage of this invasion of privacy.
low and behold, the doctor tells me i fractured my wrist. i didnt even fall. it was all made up. i was astonished, in retrospect i believe the doctor was just covering his ass. so i now had a cast. which i took off the next day.
shit i only wanted a couple days off. so i offer my services to time warner and they refuse me work. i got a not from my brother in law who is a orthopedic surgeon.
it was a funny situation.
it really sounds like you have a solid case for workers rights, enigma.
-I will subtlety invade your psyche-
Again, is your health frivoulous?
Is your ablity to work frivolous?
WTF is wrong with these people? It's VERY obvious that they need to be slapped silly for treating you as they have. Insisting you come back to work while recovering from totally NON TRIVIAL injuries created by their blatant and obvious negligence?
They obviously didn't give a rat's ass about ANYONE'S safety with what they did. This sort of negligence is borderline criminal.
There need to be consequences for such negligence. Money is apparently the only thing they love. Taking away their money will make an impression on them.
CH, Jedi, Commando, Smuggler, BH, Scout, Doctor, Chef, BE...yeah, lots of SWG time invested.
Once a denizen of Ahazi
thanks everyone for your opinions. Ill give it some deep consideration and think about my next move.
People who have to create conspiracy and hate threads to further a cause lacks in intellectual comprehension of diversity.
Engima my son got really tead at us when we contacted fema. I explained under new disatar laws before we contacted our insurance company they needed a fema declartion and registartation number, because we were in a declared disater area. While i felt weird about them being here since drug stores are not open i cannot get my glasses replaced and or meds we lost due to roof damage water damge storm damage etc i did not in the least feel guilty about the fema guy stating while we made to much for normal stuff my scripts and glasses most likely would be covered. Should i feel guilty na i just want and need my meds to live
Wow ok, that changes how I look at this completely. It's sort of their responsibility, or whoever they hired, to make sure accidents like that can never happen.
I think you should feel you are more entitled to this money as a form of compensation for this than you are now when I consider this.
At least they could have let you go on a payed break then. Anyway, bigger bones seem to heal good and fast usually, if that helps a bit nod.
You people who agreed with the attorney are just plain pathetic.
Disagree.
In today's society you just have to look out for #1, yourself. You can take a stand for the common good of the system and it's citizens, but you'll be taking that stand on the deck of a sinking ship, alone.
Disagree.
In today's society you just have to look out for #1, yourself. You can take a stand for the common good of the system and it's citizens, but you'll be taking that stand on the deck of a sinking ship, alone.
But then again, my company has paid for my medical bills, they fixed the hole in the flooring. Im sueing to get the days I missed.
I think filing 155,000+ dollars is frivolous to me. My legs are fully healed now so I don't have any lingering lasting pain and suffering. It was a simple clean break.
Sueing the company for failing to pay me I am doing. Filing for pain and suffering I just cannot do. It goes against every moral fiber of my body and I don't want an ambulance chasing attorney represntating me.
People who have to create conspiracy and hate threads to further a cause lacks in intellectual comprehension of diversity.
Disagree.
In today's society you just have to look out for #1, yourself. You can take a stand for the common good of the system and it's citizens, but you'll be taking that stand on the deck of a sinking ship, alone.
But then again, my company has paid for my medical bills, they fixed the hole in the flooring. Im sueing to get the days I missed.
I think filing 155,000+ dollars is frivolous to me. My legs are fully healed now so I don't have any lingering lasting pain and suffering. It was a simple clean break.
Sueing the company for failing to pay me I am doing. Filing for pain and suffering I just cannot do. It goes against every moral fiber of my body and I don't want an ambulance chasing attorney represntating me.
Well it's your life chief. I'd say if it would really bother you that much to take the money then don't.
I got hit by a car when I was 15 on my bicycle coming home from work. She ran a red light and pummeled me with an SUV at about 30mph. A little slow on the brakes. I was fine aside from a few bruises and a little road rash, and a couple teeth. We settled in court for the cost of my new teeth, my meager medical bills, and the lost wages of my mother and myself- oh and a new bicycle.
A little less than 2 grande after it was all said and done.
In the years that followed I developed pain in the lower left side of my body which became worse over time. By 23 I had to have low back surgery to repair a hernaited disc. It was a 17,000 dollar surgery and thankfully my insurance covered it. But my turn at working with my father in construction was gone, as was my range of motion. I still have days where it acts up. Turns out getting hit by cars isn't easy on your spine- and by that time it was too late to do anything about it.
So that's why I say I'd take the money if I were you. You just never know. Hopefully your company will remember this and make sure you have a job as long as you wish. You can look at it that way.
You'll be feeling those broken feet in 20 years time... go for the big money imo.
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I would say that the fact they didn't intially offer to pay for the time you were oiut of work was bullshit so your lawyer was right to an extent: If they aren't going to pay you, they aren't going to pay the next guy it happens to either. If you sue for more than what your actually owed they might think twice about pulling that shit again. Essentially I don't think it is frivolous to sue above what they owe you, but not get too crazy.