• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

Aunt Who Sued Nephew for Wrist Injury: 'We Love Each Other Very Much'

Status
Not open for further replies.

Keri

Member
Kid doesn't own the insurance policy. Why not sue the father, the holder, if this was an insurance claim?

Why take this to court instead of settling outside, 4 fucking years ago? C'mon Ray.

Because the father wasn't the one who actually injured her and it's extremely difficult to successfully litigate a case of negligent supervision.

Also, if the family attempted to settle, I'm sure their insurer would have refused to pay on the claim. The insurance company wanted a judgment against someone insured on the policy, before paying out. They wouldn't let the family volunteer to have judgment entered against them, and still pay.
 

Keri

Member
The complaint mentions future treatment, lost wages, and the impact on her "ability to pursue and enjoy life's activities".
http://www.scribd.com/doc/284965470/Connell

To be fair, that is standard language and standard damages, for a personal injury action. That language was almost assuredly included in the Complaint by her attorneys, because it's standard practice to do so. (Also, they were likely being paid on contingency and had an interest in obtaining the highest judgment possible). I wouldn't hold that language against this woman.
 

Zoe

Member
To be fair, that is standard language and standard damages, for a personal injury action. That language was almost assuredly included in the Complaint by her attorneys, because it's standard practice to do so. (Also, they were likely being paid on contingency and had an interest in obtaining the highest judgment possible). I wouldn't hold that language against this woman.

The overall point being that the $127,000 is surely more than just medical bills and that amount shouldn't be used to frame it as evil health insurance.
 

Ray Wonder

Founder of the Wounded Tagless Children
How could we Europeans have known how amazingly and utterly broken the US insurance system is? Seriously, how does America even exist?

Lol bruh, It's bad. I paid like $100 extra that wasn't covered on insurance when I went to get a check up because my Doc cleaned my ear out.
 

Keri

Member
The overall point being that the $127,000 is surely more than just medical bills and that amount shouldn't be used to frame it as evil health insurance.

Yeah, I don't disagree with that point. The amount actually requested reflects several categories of damages, which are common in legal actions (and incentivized by the legal system).

I think a lot of people will misunderstand that though, and assume the Aunt was seeking a huge pay-day just for funsies...
 
Yeah I didnt know this was about insurance the first time so I definitely retract calling her greedy. That line about hors d'oeuvres is gold however.
 
I'm surprised at how many people fell for the evil aunt storyline. Are people really that naive or ignorant about how things actually work in the world, or at least the U.S., and instead think that everything is straight out of a lifetime movie?
 

Pizoxuat

Junior Member
The overall point being that the $127,000 is surely more than just medical bills and that amount shouldn't be used to frame it as evil health insurance.

You sue for as much as you can in as many categories as you can because you will never get that amount. If she sued only for medical costs to the penny and she won, she'd get maybe 40% of that, of which her lawyers would take a cut. This is the shit intersection of law and insurance.
 

BigDug13

Member
I'm surprised at how many people fell for the evil aunt storyline. Are people really that naive or ignorant about how things actually work in the world, or at least the U.S., and instead think that everything is straight out of a lifetime movie?

But situations do arise where assholes sue people because they are assholes. So I'm not sure what you're trying to say with the naive comment as if nobody ever files frivolous lawsuits against family members. Are we supposed to just take everyone at their word now and that will somehow make us less naive?
 

Revolver

Member
Lol bruh, It's bad. I paid like $100 extra that wasn't covered on insurance when I went to get a check up because my Doc cleaned my ear out.

It really is. As I mentioned in the other thread, the woman I know that had to sue her mother over her broken leg had medical bills over $50,000 and there was no way she could pay that bill without the insurance company paying out.

When my father got sick with pneumonia before he passed away a few years ago, his medical bills totaled 1.2 million dollars for a month's stay in the hospital. He had Medicare which covered 80% of the bill but if he hadn't had an expensive supplement we still would have been stuck with a $240,000 bill and even then they rejected the claim several times before finally paying. It's such a wonderful feeling to be mourning a loved one while having to argue with a friggin' claims adjuster. The for profit health system we have is so broken. But god forbid we have single payer, that would be Socialism.
 

massoluk

Banned
There is a problem with her shitty health insurance policy. How does this ended with suing for homeowners' insurance.
 

mre

Golden Domers are chickenshit!!
Crazy bitch just wanted her nephew's inheritance. Suing when his mother's dead body wasn't even cold.
 

Ray Wonder

Founder of the Wounded Tagless Children
It really is. As I mentioned in the other thread, the woman I know that had to sue her mother over her broken leg had medical bills over $50,000 and there was no way she could pay that bill without the insurance company paying out.

When my father got sick with pneumonia before he passed away a few years ago, his medical bills totaled 1.2 million dollars for a month's stay in the hospital. He had Medicare which covered 80% of the bill but if he hadn't had an expensive supplement we still would have been stuck with a $240,000 bill and even then they rejected the claim several times before finally paying. It's such a wonderful feeling to be mourning a loved one while having to argue with a friggin' claims adjuster. The for profit health system we have is so broken. But god forbid we have single payer, that would be Socialism.

Damn. :(
 
But situations do arise where assholes sue people because they are assholes. So I'm not sure what you're trying to say with the naive comment as if nobody ever files frivolous lawsuits against family members. Are we supposed to just take everyone at their word now and that will somehow make us less naive?

I'm just surprised when I see people who have no concept of how things like homeowners insurance operates and rather than thinking through motives and doing even a few bare moments of reflection or research jump to the lifetime movie answer.

Please don't take people at their word without actually considering what they are saying, but this of course includes not taking whomever led you to the evil aunt storyline without actually thinking through things first.
 
I had a friend who slipped on the gravel driveway on my other friends property and broke his ankle. In order to get it paid for he was told he would have to sue my friends parents as they were the homeowners.
 

Skeyser

Member
I'm surprised at how many people fell for the evil aunt storyline. Are people really that naive or ignorant about how things actually work in the world, or at least the U.S., and instead think that everything is straight out of a lifetime movie?

Even people in this thread are still hating on her lol
 

BigDug13

Member
I'm just surprised when I see people who have no concept of how things like homeowners insurance operates and rather than thinking through motives and doing even a few bare moments of reflection or research jump to the lifetime movie answer.

Please don't take people at their word without actually considering what they are saying, but this of course includes not taking whomever led you to the evil aunt storyline without actually thinking through things first.

Well that's true. Someone in this thread questioned the validity of homeowners insurance covering any personal injury and that that type of insurance is not used for such things.
 

Cat Party

Member
I'm surprised at how many people fell for the evil aunt storyline. Are people really that naive or ignorant about how things actually work in the world, or at least the U.S., and instead think that everything is straight out of a lifetime movie?
Likewise, you've fallen for the evil insurance company storyline. Are you really that naive to believe everything the aunt's lawyers (who were going to take 30-40% of any recovery) say?
 

StudioTan

Hold on, friend! I'd love to share with you some swell news about the Windows 8 Metro UI! Wait, where are you going?
Dear America, fix your health care system.
 
Well that's true. Someone in this thread questioned the validity of homeowners insurance covering any personal injury and that that type of insurance is not used for such things.

From the nolo.com link posted earlier:
The liability portion of homeowner’s liability only covers damages for negligence.

Just because you happen to be at someone's house when you suffer an injury doesn't mean that you are owed money by their homeowner's insurance company.
 

pigeon

Banned
From the nolo.com link posted earlier:


Just because you happen to be at someone's house when you suffer an injury doesn't mean that you are owed money by their homeowner's insurance company.

Well, so that's why the case was defeated, which means that the health insurance company can no longer claim she should recover from the homeowner's insurance and now has to cover the injury.
 
Likewise, you've fallen for the evil insurance company storyline. Are you really that naive to believe everything the aunt's lawyers (who were going to take 30-40% of any recovery) say?

Oh don't be silly, of course I haven't! Nothing I posted here indicates that I would find for the aunt were I on the jury! Why are things so binary online, they certainly aren't in he real world.
 
From the nolo.com link posted earlier:

Just because you happen to be at someone's house when you suffer an injury doesn't mean that you are owed money by their homeowner's insurance company.

That was my understanding as well. I figured the suit was not going to be successful. Her medical insurance sucks is the lesson in this story.
 
I'm surprised at how many people fell for the evil aunt storyline. Are people really that naive or ignorant about how things actually work in the world, or at least the U.S., and instead think that everything is straight out of a lifetime movie?

The jury fell for it. She got denied. Her lawyer is an idiot if he/she thinks suing an 8 year old is going to work.
She followed piss poor legal advice.
 

mm04

Member
Yeah, I'm still not sympathetic. I took a wrong step at my ex-GF's house and broke my fibula. I had surgery and have a plate in my ankle and some screws to this day, as well as a nice 5 inch scar. My health insurance covered the entire thing, including rehab etc. I didn't think to or need to sue her home insurance company. It's the extra stuff she's trying to cash in on. Of course, my injury occurred before Obamacare, so I don't know the current climate of health insurance in that case.
 
The jury fell for it. She got denied. Her lawyer is an idiot if he/she thinks suing an 8 year old is going to work.

"fell for it"

...right.

This is exactly why the jury was never told about the homeowner's insurance policy. Because people see a hurt person, they see a big faceless corporation with a big pocket, and just automatically assign blame without actually doing the legal analysis required.
 
"fell for it"

...right.

This is exactly why the jury was never told about the homeowner's insurance policy. Because people see a hurt person, they see a big faceless corporation with a big pocket, and just automatically assign blame without actually doing the legal analysis required.

Alright she fell for it and got nothing. lol
I just don't get how any lawyer would think this is a solid case to pursue.
 

gaiages

Banned
Because health insurance companies love saying another party is liable. Injury at work? Go through workers comp, not us. Injury at someone else's house? Go through their homeowners insurance. Her insurance company was not covering anything.

I was wondering about that too, but that makes sense.

Workers Comp is a bad example. Pretty much any injury at work is covered under Workers Comp.

Something just seems fishy: Read over the NOLO article on Homeowners Insurance
http://www.nolo.com/legal-encyclopedia/slip-fall-claims-homeowners-insurance.html

Well as a personal example that I'm going through right now, I got into an accident on my scooter and my medical insurance is giving me trouble paying the ambulance bill. They said that falls on the auto insurance company, to which I replied that scooters don't need insurance on them, and I'm still dealing with the back and forth trying to get these people to pay off something I'm quite frankly *paying* them to do. It's kind of absurd to what lengths the medical insurance companies will go to not pay for medical bills. But then again an ambulance ride costing $1000 to drive 5 miles is a bit absurd in its own right, so it's really an all around problem of high costs in the healthcare industry.
 

Skeyser

Member
I assumed she sued the kid because there was 0 chance the jury would side with her, thus losing the case and forcing the insurance to pay. Her chance of winning would have been much higher had she sued the father.
 

Syriel

Member
Kid doesn't own the insurance policy. Why not sue the father, the holder, if this was an insurance claim?

Why take this to court instead of settling outside, 4 fucking years ago? C'mon Ray.

1) The kid is a covered insured and the one who was directly involved.

2) She would have had to file the suit at least two years ago. She may have even filed earlier. Civil lawsuits take a long time.

What is very likely is that her medical insurance deemed the kid responsible and said a lawsuit had to go forward in order to get the other insurance company to pay out.

Insurance companies are not just in the business of paying claims. They all want to find someone else liable and refuse to pay on that basis.

Wait, why should homeowners pay it anyway?

If liability was determined, homeowners would have to pay. Renter's insurance is usually the same.

If you live in an apartment in the US, you usually want to have renters insurance with a minimum of $250k in liability. If you do something that causes damage to another unit it can be very expensive to fix.

Oh right, cos if the jury had awarded the 127 grand she wouldn't have accepted it? Get the fuck out of here with your lame excuses.

Any award would have likely gone straight to her insurance company (if it fronted the costs for medical) or to existing bills. You do have to document all costs when filing for damages. You don't just make up a number.

Yeah, this is why I don't really buy any of it.

Her insurance refusing to cover an arm injury? The bill costing 127k?

It just makes no sense, unless like she flew to another country to visit their ER.

All insurance loves to blame someone else. Why should Company A pay if it thinks that Company B should incur primary liability for coverage?

As for the costs? $127k for the listed injury and multiple surgeries isn't out of the ordinary. You must not be American if you're surprised at the cost.

I'm surprised at how many people fell for the evil aunt storyline. Are people really that naive or ignorant about how things actually work in the world, or at least the U.S., and instead think that everything is straight out of a lifetime movie?

Easier to read the headline and be outraged rather than ask for details.

Crazy bitch just wanted her nephew's inheritance. Suing when his mother's dead body wasn't even cold.

Damn you mre. :p

Was just about to use that as an example of the forgoing when I realized who posted it.

Your sarcasm troll game is strong today. ;)

Dear America, fix your health care system.

America, your legal and health system is broken as fuck. Yikes.

No comment.
 

mre

Golden Domers are chickenshit!!
Damn you mre. :p

Was just about to use that as an example of the forgoing when I realized who posted it.

Your sarcasm troll game is strong today. ;)
I just can't believe we're on our third thread for this case.
 

yukonrye

Member
Um..didn't she say that the nephew needed to be held accountable for his actions? Doesn't sound like an insurance formality to me.
 
If her health insurance should cover her but doesn't, she should sue her health insurance company.

Oh, I assumed that since she was going through all this, she had already been denied up and down through through the arbitration process and was precluded from an effective litigation strategy directly against her insurer without this result.
 

this_guy

Member
Why didn't she sue her own health insurance company for not paying claims?

And even if she wanted the homeowners policy to cover it, why not sue the parents who are the named insured?
 

ZealousD

Makes world leading predictions like "The sun will rise tomorrow"
In this thread, people are so unwilling to face up to their mistakes that they are going to stick to their guns about this woman being horrible. They'll dismiss the insurance claim out of hand.

Face it, guys. The media fucked up like they often do and this story makes way more sense than what was originally reported.
 
In this thread, people are so unwilling to face up to their mistakes that they are going to stick to their guns about this woman being horrible. They'll dismiss the insurance claim out of hand.

Face it, guys. The media fucked up like they often do and this story makes way more sense than what was originally reported.

*shrug* the jury dismissed it.
 
Status
Not open for further replies.
Top Bottom