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Roller Coaster Injury

Been the victim of Legal Malpractice? Discuss it here.

Roller Coaster Injury

Postby Artie » Thu Dec 01, 2016 3:18 pm

Hi Mr. Franckel,

I was hoping that you'd be able to help me in figuring out just a rough idea of what would be a good claim to put in for an injury I sustained on a roller coaster.  I'm working with a lawyer now, but he hasn't given me any exact figures yet.

The injury happened when I was 13 years old, and I'm 15 now.  (In my state we have 3 years to put in a claim.)  I came out of the seat a few inches on a roller coaster(at a Six Flags theme park), and I felt a "crack" in my neck after the first drop.  For the rest of the ride I was jerked around and could not support my head.  I immediately knew that something was wrong, but I went home that night because it was so late, and tried to sleep on it, hoping it would get better.  The next morning I went straight to the emergency room, and had x-rays(not showing any fractures), but they put me in a hard collar for 2 weeks and then a soft collar for another month.  Since then I've had nothing but neck and back problems.

I have had:

-3 courses of physical therapy

-4 MRIs(showing reversal of the curvature in my neck and scoliosis, none of which I had before)

-over 25 x-rays

-been to 11 different doctors(all of which say that the problems I am having 2 years later are directly from the injury)

-massage therapy

-chiropractic care

My diagnosis is currently brachial and cervical plexus Neuralgia.  My current symptoms(all relating to the neuralgia) are severe back and neck pain, headaches, numbness of the face and mouth, twitching limbs(to the point where I cannot pick up things without dropping them sometimes), vision disturbances, and impaired movement.  I am taking 3 different pain medications, nerve-blocking medications, and am in physical therapy and acupuncture, as well as massage therapy.  

I am an honor student and I have been out of school off and on since this happened, but now that my injuries have gotten worse and have not improved, I am out of school.  I am tutoring myself at home(which is extremely difficult because I cannot sit or stand for more than 10-15 minutes at a time), trying to maintain my GPA.  However, my grades have suffered(I went from a straight A student to A's and B's), and my quality of life has decreased substantially.

I cannot do my own hair, walk without pain, exercise, sit up, or really anything else that I used to be able to do.  The doctors don't know when(or rather IF) this will resolve.

So please, can you give me a rough idea of what the claim may be?  Also, is there any chance that I could actually win this case?

Thank you so much!
Artie
 
Posts: 43
Joined: Wed Mar 19, 2014 2:34 pm

Roller Coaster Injury

Postby Thompson » Thu Dec 01, 2016 6:36 pm

Hi,

Thank you for the opportunity to answer your question.  I'm not sure if you are asking how much you should sue for or how much your case is worth.  These are two entirely different figures.  

In New York, since last year, we are no longer permitted to demand a sum of money in a complaint.  However, before that I always demanded at least $10 million, even in a case which looked like it would settle for a few thousand.  There are several reasons to demand a large amount of money, even if your case is not worth that much.  For instance, there is psychological value to a large figure.  Another reason is because if you're injury gets worse, I do not have to move in court for permission to increase the amount.

As far as what your case is actually worth, although you provided me with much more information then people usually do, unfortunately it is really not possible for me to give you even a rough idea without seeing your entire file.  There is substantially more information that I would need.  Additionally, your case will be worth different amounts depending upon how far along your case is.  It is usually worth less to settle early on that it is during trial.  Of course, things change all the time and the reverse could also be true.

Unfortunately, I do not even have a clue if you have a good chance of settling your claim or winning in court(if settlement is not possible), without seeing a report from an expert on roller coasters who examined the ride you were on.  If this was my case, I would hire an expert on roller coasters.  I would probably start by calling Tony Wayne, the author of the book Roller Coaster Physics, which is listed on my web site.  You can find a link to his web site and other links on my web site at www.HURT911.org; click on Research/Resources; then click on By Accident Type; and click on Amusement Rides & Roller Coasters.

I have never personally had a roller coaster case, but I did include links on my web site for that in case other people or lawyers had an interest in that.

My legal malpractice company and AllExperts.com require that I advise you that the above is not legal advice for you.  It is only my opinion as it would apply to myself if I were in this position.  For legal advice, you should formally contact a lawyer.

I hope I have been of some help.  If you have any further questions, feel free to let me know.  I would like to thank you for requesting my advice and I would appreciate your leaving a comment for me at AllExperts.com.  If you feel my answer was worthwhile, please check the box to nominate me for volunteer of the month.

Thank you very much, good luck and be sure to check out my web site www.HURT911.org which has a lot of useful information for Accident & Injury research.

Philip L. Franckel, Esq.

Former Member Board of Directors,

New York State Trial Lawyers Association

telephone: 516-621-9399

email: [email protected]

website: the CENTER FOR INJURY ASSISTANCE® at www.HURT911.org
Thompson
 
Posts: 40
Joined: Sun Apr 13, 2014 12:44 am

Roller Coaster Injury

Postby Jaira » Fri Dec 02, 2016 4:04 am

Hi Mr. Franckel,

I was hoping that you'd be able to help me in figuring out just a rough idea of what would be a good claim to put in for an injury I sustained on a roller coaster.  I'm working with a lawyer now, but he hasn't given me any exact figures yet.

The injury happened when I was 13 years old, and I'm 15 now.  (In my state we have 3 years to put in a claim.)  I came out of the seat a few inches on a roller coaster(at a Six Flags theme park), and I felt a "crack" in my neck after the first drop.  For the rest of the ride I was jerked around and could not support my head.  I immediately knew that something was wrong, but I went home that night because it was so late, and tried to sleep on it, hoping it would get better.  The next morning I went straight to the emergency room, and had x-rays(not showing any fractures), but they put me in a hard collar for 2 weeks and then a soft collar for another month.  Since then I've had nothing but neck and back problems.

I have had:

-3 courses of physical therapy

-4 MRIs(showing reversal of the curvature in my neck and scoliosis, none of which I had before)

-over 25 x-rays

-been to 11 different doctors(all of which say that the problems I am having 2 years later are directly from the injury)

-massage therapy

-chiropractic care

My diagnosis is currently brachial and cervical plexus Neuralgia.  My current symptoms(all relating to the neuralgia) are severe back and neck pain, headaches, numbness of the face and mouth, twitching limbs(to the point where I cannot pick up things without dropping them sometimes), vision disturbances, and impaired movement.  I am taking 3 different pain medications, nerve-blocking medications, and am in physical therapy and acupuncture, as well as massage therapy.  

I am an honor student and I have been out of school off and on since this happened, but now that my injuries have gotten worse and have not improved, I am out of school.  I am tutoring myself at home(which is extremely difficult because I cannot sit or stand for more than 10-15 minutes at a time), trying to maintain my GPA.  However, my grades have suffered(I went from a straight A student to A's and B's), and my quality of life has decreased substantially.

I cannot do my own hair, walk without pain, exercise, sit up, or really anything else that I used to be able to do.  The doctors don't know when(or rather IF) this will resolve.

So please, can you give me a rough idea of what the claim may be?  Also, is there any chance that I could actually win this case?

Thank you so much!
Jaira
 
Posts: 38
Joined: Fri Mar 28, 2014 1:24 am


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