View Single Post
Old 04-23-11 | 09:18 AM
  #51  
ladyraestewart's Avatar
ladyraestewart
Senior Member
 
Joined: Apr 2011
Posts: 138
Likes: 0
From: Austin,Texas

Bikes: Trek Lexi

For all those saying the OP needs to demand he be made whole, please remember being made whole is subjective and in the real world it doesn't happen. Think about this logically, what if his injury is such that for the rest of his life he now suffers a shoulder pain he never suffered before? It doesn't have to be significant nor limit him, just annoy him. There is no undoing this nor is there a realistic way to decide x number of dollars will make him whole. What about the time, effort and energy he lost just dealing with this situation. There is no giving that time back nor attaching a dollar amount to that.

The bottom line is, you hopefully heal to your maximum ability and get on with your life. The negligent party should be required to fully compensate the injured party full reimbursement of his out of pocket costs. There is nothing wrong with an expectation of a little more to compensate for those damages to which there is no hard costs either. But in the end, do you want to tie up years of your life over it trying to get more money or do you want to live your life and move on? There is value in that. A lawsuit is invasive, time consuming, mentally exhausting and stressful for the Plaintiff. You will be subjected to hours with your lawyer discussing your situation, status, potential strategy and settlement. You will spend hours answering exhaustive discovery and giving a deposition. You will overwhelmed with paperwork and eventually a two to three day trial with an uncertain outcome.

That is not to say a lawsuit is never an option because there are situations when it is an option and sometime the only option for various reasons known only to the litigant. But, in the end, decisions must be made to fix your life NOT your lawsuit.
ladyraestewart is offline  
Reply