My father-in-law fell about two months ago and hit his head. He slipped on ice as he was returning to his truck while collecting garbage around the apartment complex that he works for. He is in bad shape and the insurance company just called the mom-in-law asking for a price to settle. Living in KC makes it a little hard to help directly, but I think she needs some expert legal advice. Does anyone have any advice? Any locals with lawyer experience that they want to share? There is a very real chance that he will not survive this injury, as well as, being relocated to live with us in KC. Any help will be greatly appreciated!! Thanks in advance.
In order to recover damages from another party you have to show that the other party owed a duty, they were negligent in not exercising their duty, and the negligence caused the injury. First, you'll have to show that the apartment owner or the HOA had a duty to clear the path of ice. Second, you'll have to show that slipping on the ice was a reasonably foreseeable consequence of not clearing it. Finally, you'll have to show that your father in law did not assume the risk by seeing the ice, knowing the consequence and going forward. Depending on all the other information you probably have a good case. I don't mean for this to sound cold or detached, but legally speaking if you don't believe your father in law's survival is in question you might want to contact a lawyer and file suit so his deposition or affidavit can be submitted before he passes away.
Hey Jason, maybe get in contact with Bo? I only say that because he's a guy who knows lots of people. I hope things turn out ok.
+10 to what Mike said. I am a lawyer and have done PI work. I would hire a lawyer if I were in your situation. A death case is complicated, even if liability is not contested. Don't get one of the guys on TV. I would call the clerk of court and ask if they could tell me who the respected PI attys were. You might have to suck up, insist that you are not asking them to recommend anyone, you just want an opinion on who the top 3 might be. Ben.
If he was at is job then this **should** be a workers compensation claim, unless there is something I am missing. Under that, he should have received an impairment rating. This is a number the doctor assigns which directly relates to the severity of the impairment, and along with that number is a dollar amount. If it becoming evident that he is going to be completely disabled as a result of this on the job accident, and you are going to have to take care of him, then yes absolutely contact an attorney. Not becaue the isnurance ompany will low-ball you, but there are MANY other events that they should discuss with you such as the cost of bringing him to live with you, the tax implications for having a disabled dependent in your care etc... There are some very good attorneys in Louisville, unfortunately the only one's I know are immigration attorneys. I'll call them and see if I can get a recomendation for you. Good luck.
My FIL is an attorney in Bardstown, KY and used to work in the KY AG office. I will see if I can get a recommendation for you.
We have been getting some pretty piss poor quality spammers lately. At least the horse f@cking porn spammer was somewhat funny. Mike Law failed.
Among the tens of thousands of things I don't understand, spammers is one...What's the point to spamming the WERA board? What is succeeding? I don't get it... Is it just to be a pest? Hell, a guy could do that with a Ken Block video...
They are phishing for that one idiot that will click the link and get a bucket full of spyware, that one idiot that will try to buy a bolex so they get his credit card, that one idiot that lacks the common sense to know that it's spam. Spammers are scum but some of them are fun. We have a pair that keep coming back months after they were banned trying to post again. I started taunting those two by unbanning them so they rush back to post and in the middle of their posting, I ban them again.
Ahhhhhhhhh....OK...I see...The evil malicious part of me has to know, is there any effective counter-spam maneuver that can ruin their whole day? Or does that require an advanced degree from MIT?
Frank Angel is the Evil genius at stuff like that. I just stick to taunting them and, when I'm really bored, signing up their registration email for porn spam but they just abandon those email addresses quickly.
The wonders of the freakin' internet. Thanks for the education, at least I'll go to bed tonight a little smarter...