The ER Doctor and my Orthopedic Surgeon are all aware of how I was injured and it is specifically documented in the medical records. There are x-rays and am MRI to prove the injury.
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Injury Advice Needed
- Thread starter TideFan
- Start date
The ER Doctor and my Orthopedic Surgeon are all aware of how I was injured and it is specifically documented in the medical records. There are x-rays and am MRI to prove the injury.
I don't like being called a 'Troll'
Captain Barbossa
Well-Known Member
Agree. If what this guy claims to have happened is actually true, Disney would probably laugh in his face, seeing how this incident took place over a month ago.
Captain Barbossa
Well-Known Member
Nah, my nose is actually working pretty well. Still getting air to the ol’ ticker. Thanks for asking though.You should get your nose checked. No troll here...
lazyboy97o
Well-Known Member
If the ride caused a fracture then that is a serious issue that needs to be addressed by the appropriate parties, not scoffed at for a delay in time.
This is a conservative group here. A defense lawyer's dream jury!
I too am a lawyer, although personal injury is not my forte. That said, there is no requirement to report. Might it have enhanced the credibility of your claims? Maybe. Maybe not. But that doesn't change the fact that you have an apparent injury and potential claim. Ultimately, if you pursue a claim, as others have mentioned, the lawyers in the case can determine whether there is any medical history or medical records that suggest a different cause of what you've complained of. If your story and medical history check out, whether you reported or not, you may have a legitimate claim. But contact a Florida lawyer and let a professional make that determination.
I too am a lawyer, although personal injury is not my forte. That said, there is no requirement to report. Might it have enhanced the credibility of your claims? Maybe. Maybe not. But that doesn't change the fact that you have an apparent injury and potential claim. Ultimately, if you pursue a claim, as others have mentioned, the lawyers in the case can determine whether there is any medical history or medical records that suggest a different cause of what you've complained of. If your story and medical history check out, whether you reported or not, you may have a legitimate claim. But contact a Florida lawyer and let a professional make that determination.
joejccva71
Well-Known Member
Unfortunately you're not going to win this. There's no way to tell if you had a pre-existing injury or something. Also a photo isn't going to show good enough and CLEAR evidence that the harness wasn't all the way down or "locked into place", etc. You're going to have a very hard time proving Disney was neglect. Also, the pre-existing thing is what a Disney lawyer will bring up 9 times out of 10.
I wish you luck and don't want to sound negative but it's a long shot. A very long shot.
- Before Disney trip, my clavicle and shoulder are really sore, I think I did something to it.
- Go to Disney World
- Ride Rockin Rollercoaster, get bounced around a little bit, "ow that hurts!".
- Oh my shoulder, my shoulder really hurts
- Contact my lawyer about Disney hurt my shoulder
See where I'm going? (Both my parents are lawyers, they used to talk ALOT at the dinner table every night)
I wish you luck and don't want to sound negative but it's a long shot. A very long shot.
- Before Disney trip, my clavicle and shoulder are really sore, I think I did something to it.
- Go to Disney World
- Ride Rockin Rollercoaster, get bounced around a little bit, "ow that hurts!".
- Oh my shoulder, my shoulder really hurts
- Contact my lawyer about Disney hurt my shoulder
See where I'm going? (Both my parents are lawyers, they used to talk ALOT at the dinner table every night)
21stamps
Well-Known Member
This. There are warnings everywhere. Unless the ride itself was faulty in some way, then it’s nearly impossible to blame the park.
OP- I’m sorry for your injury. The way that ride is designed you should be sitting against the back of your seat. I know it’s not much help now, but if you do flop around on rollercoasters..then make sure to hold on tight, and sit all the way back. I have a super skinny kid who loves coasters, I give him the same advice all of the time.. but, he never listens.
joejccva71
Well-Known Member
We don't think you're a troll, but I think you're reaching for straws on your expectations of what Disney will do or what they're liable for.
jloucks
Well-Known Member
There are signs everywhere that state that rides are not for the faint of heart or body. So, unless there was a ride defect that is blatant or that affects multiple riders, you have a difficult case.
In other words, why were just you affected? That "why" part is where the defense team is going to try to tear apart your case. If there was a faulty ride part, many more people would have problems. Many more staff would have problems with the harness.
If it makes you feel better, even if you had pointed out the injury immediately, and even if the ride did break a bone, unless you can prove you were eligible to ride the ride (I.E. in perfect Adonis level health) your case would still be tough.
In other words, why were just you affected? That "why" part is where the defense team is going to try to tear apart your case. If there was a faulty ride part, many more people would have problems. Many more staff would have problems with the harness.
If it makes you feel better, even if you had pointed out the injury immediately, and even if the ride did break a bone, unless you can prove you were eligible to ride the ride (I.E. in perfect Adonis level health) your case would still be tough.
Respectfully, this is bad advice.
First, there is a way to tell if there was a pre-existing injury--medical records. They'll be pored over in any case.
Second, this isn't about "winning." It's about whether there is a settlement value. 99% of cases settle. It's too expensive to try cases. Disney's lawyers have an incentive to settle claims instead of litigating because Disney has to pay its lawyers to defend cases. Based on the nature and extent of the injuries, there's likely at least some settlement value here.
jaques21
Active Member
1st I'm sorry you are injured, 2nd I see 3 ways you can go about this. 1. Call Disney and ask for the claims dept. they may or may not help you. 2. Get a Lawyer there is a ton lawyers in central Florida that would hear you out. 3. heal up and hope it was just a freak accident. I would say do 1 or 2. again sorry your injured.
21stamps
Well-Known Member
Will medical records show if someone fell?
Come on now, think about it.. a broken clavicle. Using a medical history in a case like this wouldn’t be complete “aha” moment one way or the other.
I don’t know if they’d settle or not.. but I think the focus would be on ride cameras/videos/potentional system warnings during the time slot in question.
I tore my tfcc last summer (not on a rollercoaster).. I didn’t think it was that bad, didn’t go to the doctor.. finally after 4-5 weeks I went to my GP, she gave me pain meds, anti inflammatories, and a brace.. then after 2 weeks of no difference, sent me to an orthopedic.. he knew it was torn right away, even before the MRI.
People get tears/fractures all of the time without seeking medical help immediately.
That’s not a comment for or against the OP.. just common people-actions.
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I would add, that if you do purse a legal recourse, contact the Orlando bar association and they can refer you to a local personal injury attorney. I am sure there are local attorneys with quite the experience handling claims against Disney. They will tell you the merits of your claim and what they believe your chances of recovery. Remember, PI attorneys will only take your case if they think they can win because they want to get paid too.
21stamps
Well-Known Member
I understand what you’re saying, and I agree. What I’m saying is it probably doesn’t make the park liable one way or the other by a lack of doctor’s visits.. not when time has passed.
So many people walk around with injuries every day, especially injuries that commonly result from a fall.
In my case, I thought I was a teenager who could ride a dirt bike down a large grass hill.. then, while flying off my bike, threw the air, and slamming into the earth- I remembered that I was actually a 39 year old old woman. Hurt like h***, but it took me weeks to actually admit that I needed a doctor to look at it.
That was during the summer.. we have amusement passes, and I was still frequenting the amusement park at that time.
joejccva71
Well-Known Member
What if the person had issues with his shoulder or maybe banged it before going on the trip, then all of a sudden their injury is Disney's fault? No.
A case like this would not settle unless there's evidence that Disney was in the wrongdoing or neglect.
Hmm, you know ..actually my back has been hurting lately, unfortunately I don't have any prior medical history of back issues. Think I'll head over to Disney this weekend and ride Space Mountain a few times, then when I slip a disc...I'm going to open a claim with Disney blaming them. Who needs the warning signs all over the place. Come to think of it, my ankle has been sore from running outside this week. I'll get Disney to pay for this too.
What say ye?
(I know I'm being obtuse. My point is, this person better have GOOD evidence that Disney was in the wrong.)
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21stamps
Well-Known Member
This is exactly what I’m saying.
Agree, or at least would hope that a park would work that way.
joe/21stamps: Sure. There are bad folks out there who scam businesses and insurance out of money. The discovery process of the case is designed to ferret out those claims. Certainly, Disney can retain whatever medical expert who could testify that the injuries are unlikely. But, that goes to my earlier point. Just imagine how much that expert costs. For that reason, these cases get settled more often than not. Right or wrong, it's a business decision. Given a choice between taking a case to trial and spending $50,000 or throwing someone $25,000 to go away, which would you choose?
21stamps
Well-Known Member
I would think that if this were true, then amusement and themes parks would be non-stop paying settlements out to any person with any fracture/injury. There has to be more to it than that imo.
They don’t need a fancy and expensive expert to say that people fall/get hurt all of the time.