the fact that they tried to say you were fine because the floor was “safe” when they checked it THREE YEARS LATER??? that’s like saying someone who broke their arm slipping in a puddle of water is faking it bc the floor it dry now.... wtf 🧐
Yeah that was literally the dumbest shit I ever heard. Like do the people that ordered that not realize how stupid that is? I mean genuinely imagine some Ben and Greg had to go to this closed down restaurant and check the floor. Like did THEY not realize how stupid it was?
My boyfriend had a similar issue. He slipped on a wooden deck (on a boat) that hadn’t been cleaned and was covered in slippery algae, but the owner of the boat claimed that the deck was clean & safe. It was later announced to him that an official person would come inspect it so of course he got it cleaned right before they came and they agreed that there was no issue… the case is still going on and this was like 2.5 years ago (my boyfriend ended up needing 2 operations and a new hip and still can’t move properly)
@@Linda-lp2rq omg that's ridiculous! I'm so sorry to you and your boyfriend, I hope it gets resolved and he gets some justice soon, and gets well soon as well ❤️
@@Linda-lp2rq I hope your boyfriend had other witnesses or photos to prove that the deck had been cleaned AFTER his fall. I wish for your bf sake that they had never informed the boats owner that they were doing an inspection, because it’s highly unlikely his case would still be ongoing. I hope he recovers soon and gets the justice he deserves for the boat owners irresponsible attitude.
FWIW: The fact they initially _accepted_ responsibility for the incident, then later recanted that responsibility is just about the most significant issue of the whole situation IMO.
Exactly! I had a simple incident, someone hit me in a parking lot...backed out of a spot into the side of my car. They initially said they had done it, accepted responsibility. My insurer told me their insurer had spoken with them and accepted responsibility. Then my insurer called me and said the other person had changed their story, no longer accepted responsibility. I was scheduled to have the other driver's insurer look at my damage. They no longer wanted me to bring it in, I asked if they didn't want to see the damage, because it was obvious that it was from their client if they looked at it (front passenger side door, straight in crush damage). Nope, no reason to look at it. Talked to my insurer about contesting it...they said I could but that I would have to file a claim and that if we lost my rates would likely increase. It was an old car so I didn't bother. It just really felt wrong that the other driver so blatantly lied, changed their story and no one cared. ...and that was just a minor few hundred dollar issue with an old car.
Like, if they initially refused but then reluctantly accepted later that would almost be more acceptable simply because i would understand the why. But the fact that they initially accepted responsibility but then tried to slink their way out of their obligations is such slimey bullshit.
As a lawyer, let me say this is true, but one little misconception: it's usually not (only) about the lawyer you are paying it's about how much media coverage you get. Big companies will pay A LOT if you are noisy enough. They almost always settle it if they think you are a big enough treat to their image. The justice system is slow, and companies are aware of it. They will try to shut you up as soon as you sue them. Get your whole story straight, collect evidence, get names and witnesses, talk to a lawyer as fast as you can because they will try to dismiss your evidence if it's not collected properly.
Yup, the courts don’t want to deal with things that are not worth it to them. Laws are put in place to streamline the system aka you have to have money and or be owed 100k +
@@sarahisatitagain How correct you are. Just look how McDonald's and their insurance and PR companies treated that poor old woman who was seriously injured by them selling a known dangerous product.
A competent judge would have disallowed a floor analysis 3 years after the fact. In fact, a lawyer presenting such poppycock should have been hit with a contempt charge.
the fact that it wasn’t still slippery 3 years later, arguably proves that the issue was with the floor being greasy because it hadn’t been cleaned properly (and thus the restaurant’s responsibility), as opposed to being an issue with, like, the material of the floor.
I'm a retired attorney and presenting bad evidence wouldn't be considered contempt. The condition of the floor 3 years later shouldn't be admissible, but it isn't contempt. (Questions of law are decided by the judge, questions of fact are decided by a jury. Every state has different standards on evidence. So is the floor analysis a question of law or fact?) Not showing up on your trial date without a good reason can get you charged with contempt or if a judge in a preliminary hearing (more costs) said certain evidence was inadmissible and you brought it anyway can cause a mistrial and a contempt charge. When I first started I worked with a team that did medical malpractice. My job was to do the research (before law school I worked in special ed and institutions) and explain to the lawyers and coach the doctors how not to sound like complete nerds. And Jo is right, in discovery they can get literally any evidence about you they choose. (Had a client and they wanted to know her sex history and a detailed list of every sexual partner she had ever had. We fought it but the judge allowed it). So court cases are extremely expensive. Jo didn't explain her settlement in detail, but general your lawyer is going to take 40% (that's the limit in my state) AFTER costs are paid first. So the longer you go without settling, the higher your costs go up and the less you'll get from the settlement. These slip and falls are very common. This is why supermarkets are very quick to clean up any spills. We had a client who slipped in a supermarket, cracked their skull and died. The standard for negligence is that the party knew or should have known of the dangerous condition. This is the instruction the jury will be given. She should have won her case as they should have known, but then comes the difficult part of proving damages. And in my state the other side can enter their offer of settlement to the judge and if the jury fails to award you more than that, then you lose. (And the jury is never told about that). So again, another reason to settle. I can see what the insurance company was doing arguing about the damage to her leg. Their attorneys have an ethical obligation to do this in representing their client. As in Jo's case, they take the position that her damages were not that severe and she is basically faking this to get more money. They will never say this to a jury. They will imply it over and over and hope that the jury will come to this conclusion. And juries will get bored very quickly when Jo would enter evidence about her damages with her doctor testifying. And the other side would be sure to drag this part out as long as possible. What do you think your chances of winning are now? Sometimes lawyers think of trials as like playing poker. How good are you at poker? How good are your cards? How good are you at bluffing? I hate poker. It's really sad to go to trial and lose knowing that your client will live with the injury forever. I quit the team and went into international law instead. Similar work, but now I explain the US legal system to foreign corporations.
@@rabbit251 companies exploit their longer breath and less personal involvement in this and try to mentally grind their opponents down. Those practices are disgusting and i cannot understand why a lawyer didnt stop this
I had similar arguments brought up against me, as a teenager, in court, when my parents were found to be unfit parents. The judge and lawyers both said "well you are so articulate, and you're here now, so the 16 years of abuse you suffered directly at the hands of your parents can't have been that bad." And the answer is, yes I'm here now and so are you. But that is a testament to our character, and says nothing about the trauma we've endured. You are amazing, and so strong to go through that.
Would love to see that logic reversed. How many people in the courtroom have a Jurist Doctorate (law degree) okay can not be that hard, how many of you passed the bar (state license exam) okay that is obviously not that bad. The true question is not how many made it, instead how many did not make it. Truly a testament of character all around. So sorry you have to go through this.
The abuse you supposedly suffered might've strengthened you and showed you who you don't want to be.Most teenagers rebel against their parents negatively and without purpose, your's perhaps wasn't from the court's report of you
Mary Wood Powerful comments. Clearly shows that you're determined to be whom you are. You're an impressive lady. Keep up making the difference where you turn. We know it's not easy...but it sure Tates great when you show the world whom they're getting... Blessings
I wasn't even allowed to go to the trial so I couldn't speak for the 15 years of abuse I went through from my dad, which I happen to still be going through but not quite as bad since I finally have a phone and could call the police at any given moment. If I had just been allowed to go they would've gotten another opinion besides my parent's obviously biased ones. I've had therapists tell me exactly what the lawyers told you, and it hurts. It really does. I'm so sorry you were told that. I'm glad your parents were found to be unfit and you're able to stay away from them.
As someone disabled with chronic pain, I absolutely hate when people act like you aren't allowed to enjoy your life when disabled. People often see good days then say bad days are just faking it. There are days where the morning is terrible, but by 4pm I feel fine and can be very active. People often get mad at that. Like they don't want you to feel or be better. I'm sorry you experienced it in such an intense, demeaning way.
As someone with depression, autism and ADHD, so mental disabilities, i can empathise with the good days, bad days thing. And the slow startup to the day.
I am living that right now. Some days I can rake my leaves. But I usually can't walk for the next 3 days. Few see that because I don't leave the house. At a glance I may seem okay. Pain is a hard thing to prove.
Fix the gut (good naturopath), get into HBOT (hyperbaric 02 chamber), trauma therapy (always stuff in the family), and BELIEVE you will heal. You WILL and your and your bad days will be less. I know this a patient and a nurse helping people in your situation who are no longer in that situation. If you want it, it's YOURS
"I had to have part of my leg cut off" "So it wasn't that big of a deal right?" How the hell does that even make sense. I hate hate hate lawyers, especially when they know they are in the wrong and the judge is even more infuriating.
Don't hate lawyers, they're just there to make sure laws are followed. Hate the people who made laws so fucking stupid lawyers are required to argue shit like that.
I was in a Braum's in Andover KS a few weeks ago, almost fell on heavily greasy floor. The restaurant was filthy. I had never been there before...my hubby wanted the Aloha Burger he had seen advertised on TV. I called the KS Dept of Agriculrure, they are the ones that inspect restaurants. They sent an inspector THAT DAY. I haven't been back there...next time I go to Goodwill next door I'll pop in to see if anything has improved.
@@thepinkestpigglet7529 The lawyers shouldn't defend someone they know is guilty, and they shouldn't torment and bully someone they know is in the right. This is their moral obligations as humans, and they've failed. They get to go away and make their own species: Sleazy lawyers with no standards.
I had a cook at Applebee's put almonds at the bottom of a salad I got after specifically telling them how serious my allergy is and then I nearly died from anaphylaxis. Restaurant negligence is a serious issue that can change or even end a life for such a simple mistake. It's not something to take lightly.
I can't count the number of times I've had to explain allergy does not mean "I don't want" to my coworkers. I am a cook (Currently at Applebee's for what it's worth). Allergic alert on an order means making it completely separate, with different equipment (When reasonable). I make sure to do this. I have a friend with a severe shellfish allergy and have seen what happens when things go wrong. It would also help if customers wouldn't use "I'm allergic to" as a substitute for "I don't want", or "Make a separate order just for me". Or "I'm blaming all my problems on the latest food fad".
@@christopherconard2831 So my mom gets really really sick when she eats gluten, but she is not Celiac. So when restaurants ask if she is Celiac, she often says yes because otherwise she can't really depend on restaurants being safe for her. I do get the frustration for people using the "I have an allergy" to really mean "I don't want", but there is a really large spectrum to the people who just "don't want"
@@Em-._.- that’s more than “don’t want to.” If it makes you sick, it’s totally reasonable to avoid it. That being said, I do get your point. A customer’s preference is important, but they’ve got to be honest about it being a preference. One shouldn’t pretend to have an allergy one doesn’t, as it negatively impacts folks with allergies and the prep is different, but not wanting to eat a certain food should be respected (within reason).
Vinessa Sanford Wow, incredible situations take place. And restaurant attacks of such caliber as your situation, actually happen more frequently than we care to acknowledge. In the territory where I live. I see it very often. I worked in the legal system and have a nose to smell these things. I'm glad you survived such an attack. Keep voicing these things. One day...it will stop 🛑 Blessings
The one thing I really stuck on with this was you saying "I get why it works the way that it does" when the truth is it DOESN'T work. Not really. It is a broken, malformed, twisted, painful abomination that allows those with more money to harass and abuse and traumatize the people it is supposed to protect. It's disgusting, and reprehensible, and needs to be destroyed and built over again.
If you had "sat in a sad hole" all this time, they would have tried to use *that* against you, suggesting you didn't fulfill your obligation to participate in rehab. That's what they do -- attack you wherever you are and everywhere you've ever been. And mediators have their own biases. There are not enough safeguards for decency in the justice system.
@@MrCODEmaster00 No. She filed the lawsuit. That makes her the plaintiff. There's nothing wrong with defense, but you have much less control over the quality of your case. You can't really choose whether or not to bring it. And I don't like that.
Corporations have a lot of resources at their hands. Just look back at the McDonalds case with the hot coffee. For many years we were led to believe it was a silly frivolous suit when in reality, it was a poor elderly lady who was in the passenger seat of a parked car trying to cover a flimsy cup with coffee brewed well over restaurant standard temperatures. All the woman wanted was for McDonalds to cover her medical bills. It was the judge who chose to use this case to make an example out of McDonalds. Thank you for sharing your story. This is just one of many examples where we as individuals need more power to stand up to corporate greed.
The mcdonald's coffee case was a nefarious masterwork of PR. The case turned from "elderly woman got severely burned by overheated coffee" to "lol look at dumb people and their dumb lawsuits". If someone is making fun of a plaintiff on behalf of a corporation, they need to take a good long look at the PR kool-aid they've swallowed.
@@kaylahall1219 Kendall Rae did a video on it, it's horrific how bad it was. People made it out that she was this horrible lady trying to get money from a big corporation but you're right, she almost died.
I‘m a US citizen living in Germany, so I can say the following: the US prides itself of having the best legal system in the world. They definitely do not!
yes. That system sounds horrendous. How something of this matter would have been handled in Germany: The health insurance fronts the bills and then claims the amount from the defendent or his insurance. And if it comes to trial, the injured person would be a witness, not a party herself. And of course no party would ask for the childhood apart from maybe the necessary medical history.
I got deposed once. It was four hours of the lawyer trying to discredit me as a human being rather than focusing on the details of the case. I can empathize
Scott Williams That is totally an abuse of a human being. I went through a depo that lasted 3 days. (The last day 6hrs) I totally understand your predicament. They try to assassinate your character which becomes their main objective. The trial was set up about two years later. My attorney told me that we were losing the case. I fired him and I asked the judge just to allow my day in court. The studios lawyers argued this. But the judge gave me 4 months to prepare. I beat the high profile lawyer and won the case. Not for the real money, but I got something. I hate lawyer....
I was essentially deposed (we don’t call it that in Australia) for a rape case where I was the victim. I had the whole office of lawyers who were meant to be on my side questioning everything I’d reported - his lawyer wasn’t even involved. They dismissed the case on a he said/she said basis, but had documentation of him saying if said no repeatedly and cried! 🤦🏼♀️
As a lawyer I can tell you guys are absolutely right. I fucking hate my job, I hate the hypocrisy of our oath about seeking justice while everyone knows it's not about justice, it's about money, ego, power. But you want to know what? Lawyers aren't the worst. Companies are the worst. Lawyers are just disgusting henchmen they use to achieve their means. The number of times I was told to do "whatever it takes" for someone to drop a case is just sick.
When I used to manage a restaurant, I came in one day and slipped on the floor and almost fell. Turns out, someone on the crew the night before used a back-of-house mop that someone had previously used to clean a grease spill. That person didn’t change out the mop head. The next person took the wrong mop. The owner that was closing the restaurant didn’t pay attention. So here I am, panicking on a Saturday, closing off parts of the restaurant and feverishly scrubbing the floors with all sorts of degreasers so no one would get hurt. I didn’t care about the restaurant getting sued since the owner himself clearly didn’t care. I just didn’t want anybody to get injured. I even communicated with him after my discovery, wanting to delay opening the restaurant so we could properly clean. He refused, saying it would cost him too much money. It took me and my only busser that day 4 hours to get the place clean and safe again. This was a family-owned business. Shortly after the incident I quit. I didn’t want to support this man’s business anymore. It officially shut down two months after I left. 🙌
Oh god. I worked at McDonald's for 5.5 years, eventually becoming a department manager and good god the issues we have to deal with in that business are overwhelming and terrifying. So many moving parts, so many things going wrong every day, and relentless customers demanding the world while you struggle to right the ship all day long. I'm glad you quit. I'm glad I quit.
I’m on year 6 post car accident - and those depositions are traumatic AF. They are doing the same thing - trying to say because I’ve lived life and had any success that it’s not a big deal. I cried watching this. My injuries and surgery aren’t amputation related, but I’m my heart hurts for what you had to go through. This video was refreshing and helpful for me though - sometimes you think “maybe it’s me” or “maybe I’m crazy” or “maybe I’m not likeable” - this is a reminder that this is the process - and that process is terrible and victimizing. Thanks for sharing. You are so resilient!
I Went through something similar. Your lawyer is supposed to block requests for information that have nothing to do with your case. The biggest thing i learned and that you probably did too, was that the opposing council isn't there to find the truth, they are there to either prove you wrong, discredit you, or to make the process so difficult that you give up. It's a very common tactic that i was not aware of. They DO NOT want to pay you.
There should be mandatory minimum prison time for lawyers and insurance company executives doing any of these dirty tricks. This should slowly cause this to go away over a few decades as the fear of jail changes the attitudes of new professionals in those industries.
In my naive opinion, it would be more logical for the insurance company to use the money paid to the lawyers to pay the medical bills of the injured person instead... But so many things don't make sense in life, why would insurance settlements make sense?
@@vvkouna If an insurance company pays one claim, they have to pay all of them. So if other plaintiffs had come up with other lawsuits about falling on a slippery, dirty floor, and they had straight up accepted liability and responsibility and paid Jo's claim right away, they would have set a precedent and would have to pay all the other plaintiffs cases like that as well. Also, insurance companies have insurance companies that cover them and their employees, so when an insurance company has to accept responsibility and pay a claim, THEIR insurance rates that they have to pay, also go up. Their covering insurance company charges them more to cover them with every claim they pay. So say at first they're charged 5%, then after Jo's case they have to pay 10%, then after another fall case they have to pay 15%, another fall is 20%, and eventually their covering insurance decides that that company is too much of a liability and drops them. Having to deal with the US legal system is so degrading.
Yeah, for better or worse it's quite literally their job to do everything in their power to have their side win. There are rules for what that entails, but if your lawyer doesn't know them as thoroughly as the opposition, well... They wind up getting one over on you. We see them as dirty tricks when they go against our morals, but the fact of the matter is it's their job description to defend their client by any legal means. This starts getting wildly ugly when bigotry is involved, and even moreso when the judge is allowing it. :/ A judge worth shit would throw out spurious nonsense, however, many judges, just like many lawyers, ain't worth shit...
I've always hated that saying. In my experience, the only people who use it are people who don't want to be inconvenienced by another person's suffering.
I feel like it only makes sense in some situations i can apply it to the shittiest moments of my lige but i still hate hearing the saying from others it’s basically “get over it”
It's a ridiculous saying! Seriously - the 'makes you stronger' bit is entirely beside the point.. 'What doesn’t kill you makes you stronger' - you know what? I don’t WANT to be stronger, I didn't ask for this to make me stronger, I didn't ask for this at all! And most importantly - what didn’t kill me, JUST TRIED TO KILL ME. Why on earth should I be grateful for attempted murder??
I’m a double amputee. I fell after my second amputation, getting out of the car. Popped all my staples and ended up having to have emergency surgery and lost an inch and a half on the left side. It’s been tough learning to walk on two prosthetics that don’t match. I’m getting there though. Love your videos. So much so that I’m considering starting a channel about my story. Every day is a fight to move around. Mostly because there’s very little for me to do. I get to change a tire on the car tomorrow. I’m excited to have something on the to do list! Lot of respect to you. Keep it up.
You sound like you feel guilty about taking it as far as a lawsuit but you did the right thing! It is critical that someone force them to be responsible to people's safety. That only happens with lawsuits, sadly.
Well, companies like McDonalds have put millions of dollars into campaigns to belittle people who sue them for their negligence. It's just like what happened to Stella Liebeck (the McDonald's coffee lady). Because of the campaign they ran to belittle her she is known to this day as the lady who sued McDonalds over a little spilt coffee, even though they served her boiling coffee which gave her 3rd degree burns on her legs and pelvis. What's worse is that McDonalds had known their coffee was too hot from years of burning people, but simply refused to change until it finally costed them.
Like saying "Oh I'm not taking money from a small business!" It's like geez... Take money from a small business it's okay. Small business has been put too much on a pedastal these days they can be bad too.
@@fieldy409 even so...it's not taking money from a small business. It's taking money from their insurance. That's what insurance is for. They're not people. They're not to be worried about. That is their job...to get sued to force them to pay out for their legal obligations.
Yet another example of when a victim is further victimised by the legal system. You are incredibly strong for getting as far as you did. I am so glad you were able to take back some of the control and make the decision for yourself. Kudos to you from one trauma victim to another 👏👏👏👏
Yep! After my dad’s first heart attack he went to the hospital with chest pains, they told him he was fine and sent him home. A few days later he had a second heart attack. After his double bypass he complained of pain, they said he had a hernia in the scar, and took him into surgery just for there to be no hernia and no reason to bring him into surgery. He went to multiple lawyers that all told him, “Listen, you’re right. If this was any other hospital I’d take your case, but this hospital has amazing lawyers and it’s one of the top hospitals in our state. You’ll never win. Don’t waste your money on a lawsuit”
@@kaitlynmarra5874 Yes people do win lawsuit, but making a lawsuit drag out for muiltiple years and purposely degrading the person that is suing is a method used all the time to discouraged people from pursuing justice rather that be in criminal or civil cases.
@@marandam6019 that’s how u win lmao if they didn’t do that everyone would sue that shouldn’t be u don’t just get money for bs claims every case is different but people don’t deserve settlements because they feel they do
@@kamdaddypurp69 I understand what you are saying. However, it hits different when you are facing a situation where negligence causes a year of pain and a reamputation and the one goal of the lawyers is to shut you down even though you have a valid right to be compensated like in Jo's case where clearly common sense say 1 +1=2. You are blessed to have never been in a situation like that or in a situation where negligence cause a death like with my mom. In her case I wanted to make the doctors and hospital aware of their failure. I wanted to sue them and was told we had a great case for medical negligence. I did not want money I wanted them to change 2 policies that contributed to her death. My dad declined to go through the very painful process Jo described above and I honored his wishes. That being said I know for a fact more people have died or have been seriously injured because of these two hospital policies. Has anyone else sued? Nope. Why you ask because of the process Jo described in this video. Will more people die because people don't want to go through that painful process? With certainly they have and they will.
"I've been trying to work on making my life as healthy of an environment for the body that I live in as I can [...]". - Jo For anyone who lives with a disibility, seen or unseen, this is a beautifully empowering statement. I am so sorry that you had to go through such a painful experience. Your dedication to your mental and physical health, and your desire to help support others through such difficult things, is incredibly inspiring. Thank you so very much for sharing your story.
As someone with an invisible disability a lot of this hurt to hear, because I have also had people trying to explain to me that they know my lived experience better than I do. I had a therapist (possibly a doctor, my memory is bad) tell me that my chronic pain would go away if I wasn't depressed. And when I told her that I haven't been depressed the whole 8 years living with this pain she literally told me "no, you are wrong". I got so mad and I told her I was literally there and she was not so how could she know better than me, but in the end she still tried to convince me that my pain wouldn't bother me if I wasn't depressed. But like, ma'am... why do you think I am depressed in the first place? Because there is no way my pain isn't at least a contributing factor.
Yeah catch 22... same for me i'm depressed because i have a fucked up foot and a lot of pain... but noo i need to understand what pain is and it's all in my head....
@@bllahblubb8072 Yup same here, been having migraines since October, have been signed off as medically non effective for work and when I spoke to my Dr about it last week the depression I was feeling because I can't do anything due to the migraines was dismissed. I was then asked if I had tried going for a run? To which I pointed to my medical records that state I can't run due to an issue with my knee and that even if I could I am having trouble walking without throwing up due to the migraines! They just don't give a shit!
oh boy do I know this one. I have "depression" as a diagnosis for pain on my medical records, except I'm not depressed, and NO ONE has ever offered me antidepressants. I've also been diagnosed fat, so that's always super fun. "Doctor, I have severe lower back pain!" and I'm supposed to lose the never-ending 5 lbs and it will go away. 50 lbs later, my lower back still hurts, but maybe it wouldn't if I 'just lost 5 lbs and cheered up' or something. (That last bit was sarcasm). I have yet to get past the wall-o-medical-prejudice to access diagnostic tests. My former BFF went through the accident/injury lawsuit, and was still buried under a pile of medical debt from what the lawyers didn't scarf up. Her mother got stuck with her bills after she passed away (super fair there, she was 32 and her debt should have died with her). Our medical-legal system is highly skewed in favor of the ultra wealthy.
@@zyonchaos1818 My migraines only got taken seriously by doctors when I almost died from one of them and had to get sent to the hospital. That's right, a migraine almost killed me. And I mean the migraine itself. Apparently I have a rare type of migraine disorder known as "hemiplegic migraines" which come with auras and can mimic strokes. Can also make you permanently disabled or cause death. Unfortunately there isn't a cure when the migraine happens. Edit: I have a lot of other health problems and apparently people think they're caused by my obesity however, I've been told by specialists, and I mean special specialists that are like, top 10 doctors in the country, that the medical conditions are the cause of my obesity. You read right. All my shitty autoimmune diseases are the cause of my obesity. I have like 15+ medical conditions. So, it makes a lot of sense.
If anyone is interested in learning more about why suing a company is most of the time the only way to get them to pay for damages they caused, I cannot recommend the McDonald’s Hot Coffee episode (from September 13 of 2021) of the podcast You’re Wrong About enough. It dives into how liability was set up here and touches on how that differs from many other countries. It also talks about how the laws have changed over time to very very very much not benefit the victim. It is very interesting, enlightening, and slightly enraging.
I'm assuming that episode is about the elderly woman that was seriously burned in the 90s. I still hear people joke about her and her money grabbing ways when she was SEVERELY injured and needed skin grafts and just wanted her medical bills paid. I really hate it here
@@_GreenSkies_ it is about that case. Her story is absolutely heartbreaking. The podcast is a really emphatic environment. They also deep dive into why the system works the way it does and how media coverage of these kinds of cases makes it even worse for victims.
I have learned that you can never ever win a lawsuit when your opponent has more money than you. That's how "justice" is served: only rich people get what they deserve and what they don't deserve, always in their favor.
I have a strict rule with myself, if a place where I’m eating or getting a needle (vaccine/tattoo) doesn’t have clean floors, I don’t stay there. I wouldn’t have ordered my food at that place. When I got my first tattoo, I walked away from a few different shops because of their floors. If I can’t trust my physical safety with them, then I can’t trust my internal safety. Thank you for sharing your story, it has reaffirmed why I have this standard. I don’t want to support a business that hurts people, especially sweet people like you. 💜
Ditto. We had a Chinese Food takeout business in town whose floors were so greasy I slid across it when I went to pick up our order. Greasy floors, a temperature of 90° and 90% humidity made that floor an absolute hazard. I never went back. Six months later I saw the counter man walk out the door and do a one fingered nose blow onto the sidewalk. GROSS.
Ditto on "I don't want to support a business that hurts people, especially sweet people like you" & wish you would re-consider naming the restaurant. I hate to think I'm giving these jerks my money.
Toilets are also great places to check. If the places open to the public are filthy, the places not open to the public (kitchen) is not going to be any better...
When I was 10 I had to have revision surgery on my stump. It's pretty common to have this happen to an amputee who is still growing because the amputated bone doesn't grow straight. The surgery involved breaking the bone and resetting it to grow straight. Only a few days after this surgery I walked into the kitchen and didn't see a pair of my sister's underwear on the floor. I slipped and fell directly on the end of my stump. Until I had my heart attack it was the most painful thing that had ever happened to me. When you told the story of your fall it literally made me shutter. Cold sweat sort of sympathetic pain. And yea, a heart attack hurts more than falling on your stump fresh after surgery. Please, take care of your heart! Unfortunately my parents wouldn't let me sue my then 8-year-old sister.
@@erictaylor5462 Oh, ok. Darn, missed an opportunity for some free candy there. :0D Guess the moral of the story is, if you are on crutches in the kitchen, always keep an eye out for your sister's underwear. :0)
I have worked for lawyers and have hired my own. I've come to the conclusion that they're all bastards, even the ones you like. As for the process, it's long and tedious and designed to wear you down. It's so difficult to stay strong enough to continue. There is a reason why more than 90% of cases settle out of court and it isn't b/c injured parties get what they deserve or are even happy about their settlements. It's deliberate.
At this point, it's basically their job to be bastards. The other side is going to throw their worst at you, so you've got to play dirty right back or you'll never get any justice. It's abhorrent.
Yes, lawyers are bastards, but that's what the system requires of them. My neighbor is a lawyer, has been a good friend to me, is active in community charities, and is a very kindly man, who has been married to the same woman for 35 years. But in the court room, he would sell his mother to the Arabs.
I would have lost it on the former judge. The first words out of my mouth after his manslaining would have been "How much are they paying you to not be impartial?" I flat out would have called for a second mediator because I had no confidence of his impartiality. A mediator should not serve in the matter if a party makes an objection to the mediator based upon a conflict or a perceived conflict. (that's a direct quote from the ASSOCIATION OF ATTORNEY-MEDIATORS ETHICAL GUIDELINES FOR MEDIATORS.
We actually had a ton of frustration with that - because, in my opinion, the mediator who is paid to be impartial, did NOT appear to be that way. It felt rigged. There's a lot more to that story, but for what its worth, I really appreciate your validation on that. 💜
I fear a lot of that is due to ableism being so darn ingrained in society that it was simply not an issue he could properly engage with. (now if he were a properly trained and ethical mediator he wouldn't have behaved as ridiculous even if he didn't know this bit of lived experience for ca 20% of humanity, but alas)
@@FootlessJo I’m not sure what governing body he/she works under, but it might be worth it to file with the governing/certifying board… In my situation I’ve dealt with unethical attorneys/judges by referring them to the bar or board of judicial conduct (you have to write everything up by their respective rules of conduct, but it’s actually really easy to pull things apart in that context)… And you can always come back to it later - it’ll just set precedent for the next time someone goes through a similar situation 🤙
@Misz President Nixon Agreed. He may have been reacting to experiences in court when he caught someone exaggerating their injuries to get more money -- maybe -- but whatever the reason, he was not impartial. I'm sorry you had to go through it. It sounds way too much like what sexual assault victims too often experience in court -- although usually that comes from the defense attorney, NOT the judge.
since I was a child I've found it absolutely repulsive when people in power assume that any and every complaint against them is based in the other party being wrong. and somehow throughout my life whenever my response to this behaviour is to call them out for being dicks everyone around me defends them. what is this dystopia that our society keeps actively choosing?
I'm incredibly sorry you went through all of that bs, but thank you for sharing your story. Your account of being questioned, gaslighted, belittled, and dismissed by their "professionals" is reminiscent of what I've experienced with doctors and trying to get my own serious health problems addressed. I appreciate you!
I am a personal injury paralegal. The one good thing I can say about our small firm is that we do a good job of reducing the stress of a lawsuit as much as humanly possible for our clients. That said, you express perfectly what it is like to go through a lawsuit when you are the victim of another's negligence. Hopefully you never are the victim of another person's poor choices again. Sadly we have clients who have come back to us two and three times. It happens. 😢
I had to sue after a police officer ran a red light and T-boned me for my medical bills and emotional and physical trauma that was caused by it. It was a very long and tedious process and at the end of it all I wasn’t taken seriously about my physical pain and problems that were caused by the accident. I had a shitty doctor that didn’t believe me about my pain and basically fked me over with her notes because she didn’t believe my pain which made the insurance company not take it seriously when deciding on a settlement amount. I got a decent settlement, but I truly believe that I should have received more than I did. I definitely didn’t want to go to court, nor did I think that I could emotionally handle going to court. I’m sorry that you’ve gone through this and I can empathize with all you went through with the lawsuit. It’s really hard and traumatizing in and of itself.
I’ve been through that too. The backend medical notes. I only found out because I was trying to file for disability and my state required all the doctor’s notes. (I have a chronic disease so I was in multiple states trying to get help, and many many doctors). When I was reading them, I realized why I always had so much trouble getting help. I *presented* normal and not as described so all of the notes had buzz words like psychosomatic and “completely lucid.” I’m so sorry you were treated that way.
@@lafq I had so much in hospital bills and to this day I still have constant issues solely from the accident. Most people have lifelong issues from car accidents especially being t-boned by someone that didn’t stop at a red light cause they weren’t paying attention that I doubt it’s always just people being greedy like he assumes. That’s really sad that he sees it that way. 😔
Your husband is a very fortunate man to have you. I too am married to a girl with health issues and she still is a most wonderful person even after 46 years married. There's been a lot of scary moments in hospital waiting rooms after many operations; still I do not know another man who has had it better than me as a husband.
I’m so sorry. This is why people say you can never win when going up against an insurance company. They bring out the dogs. Im happy there was a positive outcome, but I’m sorry for the pain the process caused to come to this decision.
the fact that a case like this crimes down to whether or not you’re “likeable” is fucked up. you shouldn’t have to be a lovely person to have justice. that said, i hope that what you did get out of it does you well, and i hope this whole process is easy to heal from ❤️
I gave up on the system after never seeing any justice for anything anyone has ever done to me. Personally I've never seen anyone held accountable for their actions unless it's over drugs or a rich person. I guess they get justice, us little people just have to hope karma gets them.
Right? I know I’m “unlikeable” I give off a bad first impression. My partner teases me that I’m misunderstood because I’m articulate and speak fast with an obnoxious vocabulary which I get because know it alls are insufferable but I don’t think I’m smarter than anyone. I know this about me. It factored into my decision to sue last year. I still did but it sucks that you can be seriously hurt and still have to think about that.
This is one point where I think the UK civil legal system does a much better job. Civil cases here are tried by a judge, not a jury, so the legal facts tend to be more important than likeability, since judges are trained in law. My father had to sue after a motorcycle accident, and said that it was actually quite enjoyable to hear the judge have a go at the defendant's lawyers for trying to bring up ridiculous scenarios (like my father being partially responsible for the accident as if he has left for work five minutes later he wouldn't have been on the road for the car to hit him 😂).
I watched this a year ago and somewhat understood your decision to settle and move on with your life. Then last year I was mauled by a friends dog and suffered severe facial trauma (it bit my nose off) after two reconstructive surgeries (I have more to go) and countless months of depression, I’ve finally decided to settle with their homeowners insurance. The process is so physically, emotionally and mentally draining and damaging. It affects every aspect of your life. I lost work. I gained weight. I lost friends. I even lost myself there for a little bit. I didn’t see the light at the end of the tunnel until I decided to settle. I felt like there would finally be an end in sight and I pulled myself together, lost all the weight and then some and now I can actually live and thrive in my life and not just survive. Thank you for being so open and transparent with your story and the process. You were my only reference for this kinda thing. It truly helped me to see that life goes on after a traumatic event. Much love and respect ❤❤ “ But you survived and now you thrive”
I'm been through a lawsuit over being in several traumatic car accidents that still negatively impact my life to this day and I really do feel for you. The whole system around traumatic incidences is callous and meant to push you to a breaking point so that the other side can win some money, which is more important to them than someone's life. And I made the exact same decision as you did.
How do you get in several different car accidents? And they were all Traumatic? The word we use in my community to describe your story is Fugazi. Because I live in an urban area and asked every single person around me how many they've been in (after showing your post) and the largest number was 3 over 27 years... ffs..
@@patrickasplund It's not your, or my place to define traumatic for someone else. Maybe it was public transit, maybe it was someone else driving, we don't know, and shouldn't dismiss someone based on our own experiences. (Or the experiences of people in our circles.)
@@patrickasplund It could have been driving for work, or as someone else mentioned, public transport, another driver, etc... or sheer bad luck. You have NO IDEA what someone else's experiences are. It's a little arrogant of you to assume your experience, and even the experiences of "every single person" around you, applies to every other person in the world. Most car accidents are traumatic - I've been in 2 within the space of 2 years. One in which I was the at-fault driver, according to insurance (it was an unfortunate circumstance, but it was my car that hit another), and one where I wasn't, and they were both horribly traumatic, I had nightmares for months after each. You should probably ask yourself why your immediate response to assume someone is lying about a traumatic incident, especially in the comment section of a youtube video that also deals with trauma. That says a hell of a lot about what kind of person you are (none of it favourable, I assure you.)
8:15 Even if it was a "Mom & Pop" business they would still be liable for your injury. Someone needs to pay for the damages, and the only one party should have to pay is the one who is liable.
That's exactly what I was thinking. All businesses have a responsibility to have a safe environment for customer. Small businesses shouldn't be treated as the true victim for having to pay medical bills.
Where people get hesitant to sue small businesses is that one bad lawsuit can shut them down. There is more of an emotional response to destroying Bill, who owns Bill's Burger Shack than going after a large corporation like McDonald's or Applebee's. Yes, I do agree they should pay for negligence. But small businesses have less of a buffer to eat the increased premium after paying out the deductible. This is why they often close after being sued.
@@christopherconard2831 I understand the "you shouldn't sue if you can get compensated some other way". But she could not have been compensated some other way, so I do not understand her having to clarify further that the business is not small and could foot the bill. The same type of bill that can ruin a small business is the type of bill that can ruin a person, if a small business can't survive that bill financially, I have no reason to believe jo here could.
@@christopherconard2831 Then for that very reason, they should be even more careful than larger corporations about things like negligence, cleaning, and safety protocols.
Hey Jo, I’m a cop in Utah. And I’m sorry you had to go through this. I 100% with you that our legal system is not set up to protect victims anymore. And it breaks my heart.
Half the time they aren't even evaluating the problem at hand. Let's say, for example, you slip at work and injure your knee. Now your knee is unstable, and you have trouble balancing properly. You start walking with a cane to help with that. Now you go see the worker's comp doctor, who says that you don't need the cane because you can bear weight on the knee, so you're lying. The workers comp lawyers also get video of you mowing the lawn with a push mower, claiming "look! They can walk, so they're lying!" Meanwhile everyone is ignoring that your complaint wasn't that you can't walk, it was that you now have trouble keeping your balance. That you need something to lean on (perhaps, say, a lawn mower or a cane?) in order to catch yourself when you start to wobble. Their evidence says nothing about this, but they're still going to parade it out as if it wins their case. Thankfully, my example worked out in our favor. It was much more complicated than that, but in the end we got our bills paid for. But we were lucky. There are many instances where their tactics would have worked. It's despicable.
Wow, this really reminds me of applying for short term disability through my work insurance. I was initially denied, but appealed and got some money for my time off, but by the time I actually got some money, I had basically reached the max amount of time I could be off on short-term disability anyways. It felt like I never really got the break I needed for my mental health because of how stressful it was to apply and appeal and how long and difficult the whole process was. It is so stressful when we have to prove how sick we are to strangers who are only listening to us to find a reason to say “nope, not going to help you”.
There's alot of systems that are purposely designed to be as difficult as possible. In theory it's justified by saying it weeds out those who aren't serious. In reality it makes it more difficult for people who are struggling to get what they need. A person attempting to play the system is more likely to have the patience and resources to see it through than someone who is struggling to get by.
I feel for you, I had my right femur break cleanly about 6 years ago and had to have surgery to put in a metal rod to hold it together. Now SIX YEARS later it shows NO SIGNS WHATEVER of healing.
I broke my femur bone clean in half around 4 years ago at around like 37 years old! I was in the middle of waiting to have surgery for a knee replacement at the time which never happened because once I broke my femur they did a hip replacement, which ended up dislocating. I left in an ambulance from there they sent me to three separate hospitals trying to put it back in place, ended up doing another full hip replacement which I never healed from! It ended up making me septic and got in my bloodstream and made me hallucinate! I was home alone with my daughters when I started seeing things, they were smart enough to call my mom which came over and called an ambulance then they took the hip replacement out and would not give me another one ended up spending 6 months between the hospital and a nursing home away from my kids, and having to learn to walk without a hip. They still refused to give me another hip replacement because they say it is too high risk so they referred me to Vanderbilt who wasn't in my network so they referred me to OrthoCarolina which is four and a half hours away from where I live so right now I am in the middle of waiting on having a ride out there so that I can see if all can actually live a normal life again! When I have to use a cart in the grocery store people stare because I know they think that I am too young and nothing is wrong with me because they can't see that I don't have a hip. Anyway, it was just kind of nice hearing stories similar to mine even though I hate that you guys had to go through similar situations! 💜 Wishing the best to all of you! 💕
Recovering attorney here and this is a very good summary of the life cycle of a typical slip and fall case. I am so sorry you had to go through all that to not even be made whole-ish. It's incredibly frustrating that the American tort system is what we have instead of free public health care. All patients must pay their own way unless they can prove their illness is someone else's fault. Business interests have always worked to shift the burdens of their negative externalities onto the injured. The Lochner era still haunts us. Don't get me started on "tort reform."
Ugh well said. Another reason for free (at point of service) public healthcare. This shouldn’t be complicated. A fellow citizen is hurt in a way that medicine can help, so of course we should help. Worst care scenario, we never get seriously or gravely injured and we did the moral thing “for no reason.” Wtf America.
@@eilenekellogg7017 Eilene… everyone knows that. Your employer effectively “taxes” you for your healthcare plan. The US spends 17% of its GDP on healthcare. Sweden spends 12%.
You're lucky it resolved so quickly... I wish everyone could get proper justice quickly. My case against a driver that fractured my spine took 7 years to complete..., in the UK... and the condescending attitude of the other side's legal team has given me a long term hatred of the legal profession, professional liars all of them! Luckily I'm still able to walk etc, but I've been on strong pain medication for 27 years now ☹
It's no better in the US my wife's disability case lasted through three trials and eight and a half years and she was still denied until it went to Nationals
Hope the NHS haven't booted you off the meds yet they kicked my mate off his Zomorph 50mg a day cold turkey and only gave him some codeine to replace it which didn't even touch the sides. Total clown show
I am often quick to anger when I hear about an injustice like this, and while I am furious on your behalf at this restaurant, my overwhelming reaction is heartbreak at the additional year you had to wait to get fitted for a prosthetic. The pain of that fall and the setback in your healing strikes me to the core and I am so sorry you went through that
It took 7 years to settle my brothers case, he had a severe head injury, he eventually settled without going to court. The lawyers for the opposition tried everything from saying he was drunk, private investigators spying on him, and denying his injury was permanent. It's a tough thing to go through and I'm glad you can move on with your life now that the legal stuff is over.
I admire your integrity in all this. You could have made this a smear campaign against the people who treated you horribly, but instead you took the high road. You are quite the incredible woman.
Thanks so much for sharing this. I’m in a pre-litigation situation with my employer for discrimination, whistleblowing retaliation, etc.), and it’s been enormously stressful. I get chest pains all the time, migraines, all sorts of health repercussions from the stress and trauma they’ve caused me over 5+ years of their bs. We’re not even at the lawsuit stage, but have filed a tort claim notice and a BOLI complaint, and that alone was started over a year ago. Big companies have such an unfair advantage in our legal system, financially and in other ways. My employer has tried every tactic to drag this out, fabricate and collude, gaslight me, and so on. I’ve been deeply insulted by them more times than I can count. I’m still waiting to see if I can get a settlement without having to go into litigation (depositions, a trial). That’s an important point you made about the value of being likable in a trial situation. That’s something I’ve worried about because I’m not sure how likable I might come across to some people.
I heard “happy fall” at the end of the video and it really startled a laugh out of me because I forgot for a second it’s common to call autumn that in America. I’m glad you’re doing okay after all this, and I hope you are able to move forward happy and healthy
Omg I have commented on a couple of your videos in like 5 mins. I am embarking on a legal suit and I can't explain to you how much it means to me to have a person explaining the mental health part of it. I am literally in tears cause I don't really like to talk about this but it's very hard to see your life beyond an amputation let alone having to go through 8 surgeries in 2 years and what it leaves you.
As someone with autoimmune, and someone who has supported my loved ones through very painful court cases, I majorly respect your decision to preserve your emotional and physical energy. Protect your energy it is beautiful❤️
In my opinion, even if it was the business owner that had to pay, you did the right thing as they clearly ingored safety protocols. Much cheaper to clean your floors than pay medical bills. ^^ Might add though that the prospect of medical bills is a whole another crazy thing according to me who lives in Sweden with tax funded health care.
It's incredible how much money flow into the american systems and yet basic healthcare aren't even covered and anybody can go bankrupt just because of an accident (and accidents are frequent as hell in the United States! Especially with their cars infrastructures!) Nobody should be left in total pain and completely disabled because they can't afford a surgery, especially in the "best country in the world", as they pretend it to be! As a canadian I know how helpful a public healthcare system can be.
I feel ya on the whole "rescinding blame" thing. I ended up passing out at home because I had gotten heat exhaustion (later learned it was heat stroke and work was trying to downplay it) at my job; I threw packages during the summer and the building's exhaust fans weren't working, temperatures were around 80-90 and I was on the top floor of the building. When I collapsed, my mother called my work and my boss told her "don't worry about the money. Take her to the hospital". To note: I drank tons of water and rested as soon as I got home from work after the heat stroke. When I got to the hospital, the doctor informed me that I "should have been there yesterday" (verbatim). Both my salt levels and fluids were egregiously low. I stayed in the hospital for about 6 hours, then was sent home with instructions to rest and "hydrate aggressively" for rhe next 3 days. When my old employer's HR and my boss finally got back to me, a week before I left, they informed me they wouldn't cover the costs since "there is no proof that me having to go to the hospital was their fault". Since I left work to rest at home (left my car at work and my mother drove me home btw), it wasn't their fault Edit: the "wasn't their fault" was about how I was at home so it could've been that I didn't hydrate enough and didn't cool myself down enough. Basically, they made it so I didn't have a case by sending me home instead of sending me to the hospital. I was too out of my mind from the heat to make decisions
Maybe send a tip to Occupational Health and Safety. Pretty sure in my jurisdiction frequent water breaks are required for physical labour over certain temperatures.
@@jamesphillips2285 it's been a while since I worked there. About 2 years now. I'm still a bit irritated by it and I'm still paying the hospital for it. But since they do offer water/Gatorade, they are technically in the clear. They pressure you to continue working without a break, but they "insist that you take care of yourself while working". They walk a fine line, and unfortunately they can get away with it
Having done HR work in my former job, it is extremely common for bosses to find ways to get out of paying workers comp. Usually they also trash the employee and make them out to be idiots, when equipment and the like is not maintained, etc. saw a coworker who sustained a serious head injury that this happened to. Sometimes I wonder if filing a report with OSHA would be helpful or not.
The legal justice system disregards those with disabilities in many ways. From not being seen as able to speak for themselves even when they can, to not even being asked taking the word of a third party such as a care giver and the other parties involved being favored.
Yep, another way That I heard of was that often when a Disabled person is Murdered the Murderer will often he given a Lighter Sentence then a person who Murdered a Able-bodied and Neurotypical (someone without any Mental Health conditions) person, even when all other factors are Eliminated.
@@lucyla9947 it's true and its generally by family/caregivers. Anytime it appears in media also there is never any mention of who was murdered but making right and reasonable what the murderer did. Recently the excuse has been "over worker/underpaid/ stressed by the pandemic." If you are interested look for the website for disability day of mourning that we as disabled mark as a day of remembrance for such cases.
@@DesAMowadeng yeah, I've already heard about that site, honestly the whole thing is just like why? Why pretend like the Murder of a Disabled person isn't a big deal, even sympathize with the Killer, when if someone did that regarding a non disabled victim it would be seen as a horrible thing to do or say?
@@DesAMowadeng if anything people should care more about the Murder of Disabled people as they are some of the Most vulnerable people on the Planet (Alongside Children, the Elderly, and Pregnant people) so we should put more effort into protecting them, as let's be honest if a person goes to shoot you a Amputee will have a harder problem getting out of that situation than an Able-bodied person, and a Mentally Disabled person may struggle to understand the severity of the situation, or even just become unable to do anything do to conditions such as Anxiety.
@@lucyla9947 because those with disabilities are seen as less than and as things that should be hidden and forgotten. We also must realize these people who are murdered at the hands of care givers/parents the reason for the glorification is because the disabled person is deemed a burden. This is less likely to be the situation for someone who's developed a disability tragically or over time and more likely to be a person born with the disability such as limb loss/difference, birth defects such as my disability which is Spina bifida, more server froms of cerebral palsy, down down syndrome, or more severe forms of autism.
You, madam, are now on my list of heros. Aside from how you live your life, there's the courage to do what needs to be done, when it needs to be done. There's also the courage to say, "Enough." Thank you for being awesome!
I wish this woman was my life coach. I can't get my ass off the couch to hit the gym three times a week and she's out here making these incredibly positive videos about losing her fricking leg. I'm very impressed, and honestly pretty inspired too.
Uhmm, you might want to check out her video “Phrases I Never Want To Hear Again”. Most people with a disability don’t enjoy being “reduced” to being someone’s inspiration for their every day problems - even if they mean well, which I’m sure you do.
@@alchemyofcolorandstyle Well fuck, she's a goddam content creator marketing her personality and story. She'll just have to deal with me being impressed by (and frankly kinda jealous of) her attitude.
I'm just really sorry the legal system did not protect you in a situation it should have. I'm glad this chapter is over for you. Wish you all the best, I really love listening to your videos :)
Having worked for Pizza Hut for 10 years in various positions I can say that any restaurant that has any sort of cooking oil or aerosol based non stick spray will have greasy floors if they don't keep up with them. We kept up with the floors using as hot of water as we could get out of our water heater (commercial one and could make hotter water than residential ones) combined with heavy degreaser and bleach at the end of each night. It takes work to do but it is something the health department can mark against you for if you don't maintain them properly. Personally I find that restaurants that don't bother to clean the floors likely are not doing the other things they should be to keep things clean properly. Unfortunately in cases like this as well as disability cases it is up to the person to prove everything. I'm not really surprised that the things the insurance company pulled in trying to keep from paying out to you. My experience with the disability system was more of dealing with either incompetent people or ones trying to sabotage by application. I spent 6 months dealing with them on the local level and they couldn't seem to get all the information from my doctors on each of the appeals. It took going before a judge to finally get disability but took 3 months to get a hearing date which was 2 years out due to the backlog of cases.
As a lawyer, I loved listening to your story. I don't practice this type of law (zero experience with depositions) but you have made many points that may apply broadly. In the Canadian context, we have law reform commissions and I have worked with others to propose changes/ amendments/ improvements to the system. Hopefully the folks in your state are hearing your story to help things. I have met clients who are the victims of bad legal advice and they do not want to share their experiences (many for reasons that you have mentioned). Thank you for having the courage to tell your story and for sharing!
Thank you, as a business owner that stives for safety. It was sad and soul busting to hear your story. At the same time I would ask your permission to share this video with employees so it becomes a more personal for them.
As soon as you mentioned Fibromyalgia, I just knew that they also tried to use that against you as well. It gets a bad wrap in the medical community generally speaking, and I'd assume it's worse in the legal system.
@@HiKingMargo But, according to medical professionals, of all genders, women don't experience pain or are lying about it for drugs. It's 2022. How much longer will women have to wait before we are believed when it comes to our bodies.?
@@HiKingMargo no joke! IC is HORRIBLE pain! Right under the pain of brain swelling where I thought I was going to die and above the pain of multiple pelvic surgeries. The things that have helped me the most is a 100% organic diet with nothing acidic or bitter in the least bit. Sure it's expensive, sure it's bland. But better than burning out the sciatic nerve and peeing blood. Also smoking marijuana helps me with the pain. Not eating it though and no vaping cuz that irritates it too. Best of luck to you!
Oh this is my biggest fear. I am a total mess on crutches- throw in ANYTHING unstable and I would be in the same position. I had a horrible fall in a large store bathroom while I was pregnant. (Before amputation) they did the same thing, agreed to pay any bills. I was able to move on with my life, praise God my baby was fine. This is extremely scary and I have questioned what the process looks like. Again, another incredible resource video for many many people. Thank you!
Advice from my sister and brother who are lawyers will always tell their clients, if you get into an accident that is the fault of a company, do NOT post anything to social media. the companies lawyers will use that against you to shut down your case. They will try to find any demoralizing or other embarrassing comments or post to judge your character. Also, my sister and brother who ARE lawyers said, that an experienced lawyer would not allow the questioning of past life as it holds no barrings to the condition at hand. Your previous years of life like kinder garden or high school should have not been asked, says my sister and brother who are both criminal lawyers. I come from a family who are police officers and lawyers and my oldest sister is a cardiovascular surgeon. My brother and sister both said it was good you immediately took pictures, because the company will find ways to clean then deny anything happened. Also, always call the police to take a report and make sure you seek medical attention, because their lawyers will ask why you didnt get transported to the hospital. Then they will tell the judge that everything is find since you never went in an ambulance since you got injured. Also ANY good lawyer as my sister points out, would object the person trying to teach you about prosthetics or medical advice if they have no medical knowledge or experience, or hold any AMA license in the medical field. My brother also responded with "I would have said this in the mediation". "Objection sir, do you hold any USMLE AMA license within this state.?"... "Are you medically board certified?" "If no then I object that you are giving my client advice on medical procedures, without proper licensing or training within the medical field, if you have no personal experience, knowledge or education within the medical field....." The judge would have no choice but to accept the objection and shut up. lol Both my sister and brother said they would have had a field day in that room. mind you, again both of them are criminal lawyers.... and they watched your video & describing the faults and what they would do. to the point that 5 other of my siblings who are police officers are agreeing with my sister and brother. My mom is face palming. As she is a retired lawyer also.
You spoke so well telling all the issues with the law suit. I just want you and your hubby to enjoy your lives!! Youvhave been through too much already. Prayers and Peace
Do not post anything to social media for the next three years? If that's really the standard then we're going to have a lot of people reading this comment and going wackjob nutso on people instead of taking them to court. I suggest you clarify.
@@DrewNorthup I feel like it's more don't post anything regarding the Incident, you can can still post your normal stuff, just don't post about the Incident until the Lawsuit is finished.
This company tried to hardcore screw you. You should tell us so we can boycott. Causing injury, admitting it, then recanting puts the entire company in a bad light, not just the one location.
if not the restaurant, the insurance company for sure. I'd not want to do business with a company that can admit fault and then recant and take someone to court like that.
I'm telling you right now that it's every single fast food restaurant everywhere. Someone used a grease mop to mop up a spilled drink or something in front of the counter. This happens constantly. When you're really unlucky it's an old person that falls (which the manager then gaslights the person who fell as saying that they were clumsy, and wet floor signs are usually left out all the time, even though it's Grease and not water). But most of the time it's someone young who manages to barely catch themselves. And the reason why the employee doesn't notice is because the back of the house is so covered in grease that you are slipping all of the time and simply get used to it. It is an absolute disaster, and why certain chain restaurants use carpeted floors that absorb the grease and look awful, but are much safer to walk on.
This type of negligence is maddening! I was recently in a restaurant that had the slipperiest floor I ever seen. It was a hallway that led to their bathrooms. It was so bad and I watched person after person make an employee aware while I ate. When my daughter suddenly asked to use the restroom I thought I lucky to at least have overheard and had a heads up. It took every bit of balance to keep myself and my daughter upright, there was no going around it. It was literally the whole hallway. And then the bathroom was also slippery. It was all so dangerous. I also went over to voice my concern to an employee that it was dangerous and someone is going to get hurt. I couldn’t in good conscience not also say something. The employee just said they were aware and that there was nothing they could do because it’s just the way that floor is…it was just always like that. I kid you not…that’s what he said. They are eventually going to cause someone to become seriously injured. I think they thought that since they had the slippery floor sign out that it wouldn’t be their fault.
@@liveandletlive9333 I understand what gaslighting is. He was acting like her real pain and difficulty getting a prosthetic was just normal difficulties, not caused by the fall. Try not being a dick.
@@liveandletlive9333 Here’s a definition for you taken directly from the American psychological Association (APA): “Gaslighting is a form of manipulation. It is an insidious and sometimes covert type of emotional abuse where the bully or abuser makes the target question their judgments and reality.” In layman‘s terms (bc I doubt you understood all the big words) Gaslighting is any attempt to piss on someone’s leg and tell them it’s raining. So you tell me Is trying to explain to an amputee the intricacies of amputation when they already know not in anyway and attempt to get them to question their competency or understanding of the current situation? Sounds to me that Maybe you’re the one that doesn’t do well with definitions love. 💀
You’re so strong!! The questions that they can ask in these situations are absolutely ridiculous. Violating your basic privacy rights in my opinion. Being a 27 year old who has had 5 knee surgeries all from a work comp incident and now dealing with CRPS the system with getting properly compensated is absolutely ridiculous. Getting comments of “oh but you can go on a vacation” they don’t even see the struggle behind the smiles.
Jo I want you to know I love your videos! You are so open and honest. I find you very easy to listen to because you are such a good speaker. Thank you for sharing so much with us. I believe you made the right choice for you and that’s all that matters. We can’t control or change the way our bodies react to stress or stressful situations (it’s been said that meditation helps but my mind won’t/can’t do it). If we could, I think most of the autoimmune diseases/disorders would not exist. Stay on your path, you have a good partner it sounds like and he is there to support you. You are such a lovely, strong young woman, thank you for share some of your time with people on YT.
I’m glad that you are finally able to share this story. I find it so disgusting how an insurance company, who literally exists to answer for these situations, can basically bully you into settling for less than you deserve. Shame on them. Watching what you went through after the fall, just the stuff you shared publicly, it’s clear that this was a life altering accident.
Oh Jo, I am so outraged for you. I understand why you made the decision you did, but it's so incredibly frustrating when the legal process allows things to be so unfair. You were brave and endured so much through this, after all the medical trials you had already been through. Sending you so much peace and love, and hoping you can move forward with lightness. ❤️❤️❤️
I'm happy it was resolved. What is interesting to me is that you were on crutches. I am a recent amputee after a motorcycle incident and, in the UK, we are strongly discouraged from using crutches as falling onto your stump creates the problems you faced. I was issued with a wheelchair until they had prepared my limb and I had to go through intense physio and practice before they'd let me home with it. I watch your videos with great interest though, so please don't view this as a negative comment, You've been a great help!
I've been deposed once. It was like trying not to flinch while getting kicked in the crotch over and over. Hope you never have to go through that again!
I’m so sorry you had to go through this. I started following you because you are such a positive light. My son was hit on his motorcycle by someone who turned into him making an illegal u-turn and had to have an emergency below knee amputation. You are so strong❤️
I'm so sorry you had to go through this. I was in a car accident when I was 18 that went similarly. I didn't lose a limb, but my leg hasn't been the same since. My knee is agony if I push myself too much. That's ignoring the mental trauma. For a long time after the accident I was scared of going around corners in a vehicle - I could FEEL it tipping over, and see the ground coming up to me. I still don't remember all of what happened immediately after the car flipped, like how I got out of the vehicle. It's completely blanked from my memory. It happened while I was on holiday. I had to come home early. I was lucky I had travel insurance, which covered the change in flights and overseas medical bills. For four years I was stuck in a legal nightmare, having to be questioned continually about why I continued my education afterwards, ALL of my medical and educational history, the fact I was now in a relationship. I'm still walking and trying to keep fit so it's not impacted me, right? The injury healed, so it doesn't matter that "healed" doesn't mean "no longer painful". Also like you, I was able to settle a few weeks before having to go to court. I was really scared of going to court. I was tired of having to give everyone my entire medical history, of having to take time away from college, work, exams to go to medical examinations arranged by the other party, sometimes even being given the wrong address and then being blamed for not turning up on time. They tried to lie through their teeth too, at first admitting liability then backtracking to say it was an unpredictable accident. I had to go and find weather records to prove that the ground had been wet that day, not dry as they were so adamant it was. I hated the whole process. It sucked. I really wish you hadn't had to go through it. I hope no one ever does. It's such a violation of your privacy for something that is entirely not your fault.
I remember sitting before the judge for my social security. There was my lawyer, the judge, a transcriptionist, and an expert on vocation. Her job was to listen to my physical and mental issues and determine if I could get and maintain gainful employment. You know they said that I could live off of being a dog walker. Thank god I had scars all over my arm where I was attacked. I don't remember most of the questions I just found it interesting that was considered "gainful employment"...
I’d respond asking those nasty corporate lawyers if they’d feel comfortable at a dog walkers wage. (I’ve been one, I’m a vet tech now and still don’t make a livable wage for my city). I swear actual sociopaths love to become corp lawyers.
Same thing with me. I was told they felt that there was work out there for me somewhere. Maybe with limited training and physical requirements, but they couldn't come up with anything specific. Just that they believed in me.🙄
You have to get in front of a judge to get social security in the US? Seriously? Or was it an insurance claim? It sound bonkers to use a judge’s time for that but maybe I’m missing something. And you also had to bring a lawyer? Is that standard? It’s interesting to know how they do things in other countries. I got social security in Denmark (around $1600 a month after taxes because I’m married, would love to know what it is in other countries) and it had to be decided by a panel where there was a doctor, a transcriptionist, someone working in job vocation and a social worker.
@@mathildelonborg I was only 25 and it is standard in the US to deny a first claim for disability. Then it is an appeal and it is more effective to bring a lawyer
The "impartial" expert on vocation said I could work as a cleaning lady at a hotel (note I can barely make MY bed without it exacerbating my pain) or be a xerox copier (like that was even an actual job that wasn't lumped into something else) along with some other total BS archaic jobs, I cannot recall what they were but they were equally as jaw dropping...my lawyer asked if any company would be ok with me taking a break every 30ish minutes to bring down my pain levels so it didn't trigger seizures both of which would severely impact my ability to keep working not to mention me being a liability. They said no. Working in a call center was another gem which was just as ridiculous for various reason and also got a no when my lawyer called them out on it. I still lost my case...and the appeal process stretched so long I couldn't appeal the appeal because I hit the no longer eligible to receive SSDI thresh hold that no one ever mentions. That was back in 2014. I still am unable to work and my health has deteriorated further since then. So yeah they come up with some pretty interesting things that you "should" be able to do for "gainful employment".
Wow - you have fibromyalgia on top of everything (which is something I’ve had said to me before too) … I am so glad I’ve found your channel! I have a multitude of chronic conditions and am currently fighting my own mental health issues. So thanks for being so candid - it’s helping.
Oh god, I cringed so hard when you described that fall! I'm so sorry. One of my briefest full time employments was at a restaurant that didn't properly degrease floors and I was terrified of passing through the kitchen as a fully able-bodied 26-year-old in freshly purchased hiking shoes because I could barely stay up. I don't know how the bakers and chefs didn't have catastrophic accidents using their industrial-sized dough machines and ovens on that surface. Between the state of the building, the fact that I wanted and was hired for part-time but worked 50+ hours every week, and a very abusive delivery driver who was protective over his self-assigned other tasks, I lasted about 5 weeks.
I am so very sorry for what you have had to go thru. From having to have your leg amputated to the horrors of litigation and the tough decisions you had to make. 22 years ago my husband's left foot and lower leg was run over by an idiot operating a construction. excavator with metal tracks who wasn't paying attention to where he was going. After trying to save his limb for 2 weeks he got a life threatening infection and had to have his leg amputated below the knee. The construction company he worked for pulled all sorts of things from hiding witnesses and machines to saying that my husband actually intentionally layed behind the excavator and it was HIS fault that he was run over. We went thru 12 years of litigation, won at each level. Won every appeal all the way to the Suppeme Court ( Worker's Comp only pays 50% of all future medical costs paid for your care to you which is ridiculous). After it was all over the company filed for bankruptcy and we got nothing! Our Judicial System is horrible and California's Court System is a JOKE! Victims are treated like criminals. It is dehumanizing. Change will NEVER happen because it Is controlled by our wonderful Republican Politicians who would rather fill their pockets with bribe money than work hard for the people that stupidly elected them based on their bs and lies. People really need to pay attention to who they elect and look behind the person before they vote to see what they really stand for. Our future depends on it! I truly hope you are doing good now. My husband went back to work as a crane operator and retired 4 years ago. We also live on a small ranch and raise Registered Black Angus Cows. He is doing really goid and can run circles around most men with 2 legs. But, bottom line, when his prosthetic cones off at night he is a helpless as a child. It's been a real challenge for me. For better or worse, in sickness and health.you do what you have to do like chasing black cows in the middle of a stormy night when they have broken a fence and gotten out. Done that many times!
lawsuits are always slow... and miserable. Thank you for sharing. My brother in law, lost his leg, another man was also hurt in the accident. The company offered a one time pay off, very generous, or lifetime medical treatment and also the latest legs and all needed for sports, like running and bicycling. It's 30 years later and he has that security. The other guy took the million dollar offer, and it's all gone. While obviously he would have liked some compensation for the misery of losing his leg, the full coverage of care and new legs and such, was the wise choice. It would be nice if he could have had BOTH, even some extra for their mistakes.
Thank you so much for sharing this. Our situations are very different but your story resonates with me. I hit my head back in 2020 and my whole life was turned upside down. Insurance companies are awful and the legal system doesn’t seem to have a ability to help the people who really need it. It’s really unfair and demeaning the way they treat people. I am sorry you had to go through that battle on top of losing your leg. When healing should have been your only priority and focus. I am also sorry you clearly had to settle for less than you deserve. I know all to well what that feels like. But I think you made the right choice. Good for you putting yourself first! I can’t wait to watch more of your videos.
I want to say, "I am so sorry you had to go through such a storm." Thank you for sharing such a big piece of yourself. You are stronger than you know. Truly.❤️
There's a reason for accident attorneys. There are some shady ones and there are some very solid ones. Trials are often made as difficult as possible to get to just to deter further proceedings.
I know first hand that it's unrealistic to expect justice from our Justice System. It's not about what is just, fair, good or even right. It's about how knowledgeable and persuasive the attorneys are. I'm glad you were able to successfully navigate that nightmare and finally put it behind you.
All of this is traumatic. As a chronic migraine sufferers( my neurologist has me on amogovin) and a chronic pain sufferer it all takes so much to just move. I understand everything you went through and you did the best you could.
I remember when you first shared about the fall…. I was fearful that there were going to be some long term ramifications, in a variety of levels. Glad for you that you were able to come to resolution for your mental well-being as well as covering medical expenses.
Been there myself. Car accident that reinjured my neck and back. I had to go through about 5 hours of deposition with the insurance company of the individual that caused the accident. Really tests your patience to say the least.
I'm glad this is a chapter you can now close, I went through my own adventure through the legal system that was a 6 year long process (and still the longest on record in my county for the type of case it was) and finally ended 2 years ago. I wish nothing but positives for you going forward Jobi-wan Kenobi! 🥰
I’m so sorry the legal system didn’t work in your favor. I am getting ready for a court case in the upcoming weeks and this video actually gives me a sense of peace because it reinforces the idea that I can walk away from it. I don’t have to put myself through it. So again I’m sorry this worked out how it did but I do want to thank you for sharing
Um...shouldn't be embarrassed. The fact that the pain didn't make you pass out is a testament to your resilience. Hearing you say you feel on your newly amputated stump made me week in the knees and gave me chills. I thought it hurt when I vomitted less than 12 hours after waking up after having a 10 inch incision in my belly and thought I was going to rip out 25 staples, but I'll take that over what you must have experienced.
Well, I love that colour shirt on you... it really works well with your complexion. Also... hair is looking very healthy. You had a general glow about you in this video. It sucks that a company has kinda let you down. I would have hoped that at a minimum they would have covered the medical bills they caused! Hopefully, with it being over with you can continue to feel better. Give the doggos and the catos and the ratos lots of hugs!
As soon as you started explaining the legal battle ahead, my gut was YELLING No Jo! Losing your personal sanity is not worth it. Then, you said no to a jury trial - I was SO relieved!
Thanks for sharing this. Many people believe once wrongly damaged you just get compensation in the mail because its the right thing. 1. Most people can't afford to even get a lawyer. 2. The judge or jury may be having a bad day and just throw you under the bus just because they don't really like you. 3. Once you win (in most states)you get a judgement to collect the money and now have to try and collect. 4. Like you said, if you loose you are beyond financially ruined. 5. The Insurance company may just out gun your lawyer. 6. It can drag on forever and wear you down badly as you are financially hemorrhaging money the whole time. Its a daunting task to seek justice. The world is not just or fair, it only tries to give the pretense that it is.
I was run into by a bus, in the snow in Colorado Springs in 1997 head injury, back injury. Bus was owned by a hotel so I sued them. Got mis represented by the lawyer but settled for less than I should have. It’s been 27 yrs and I am ok but joining the disability club was not fun. Love your channel! You say things about disability that need to be said.
As if the trauma of the fall, and its impact, wasn't enough, you get traumatized by the process it takes to get the insurance company to accept their responsibility to pay for your medical care!
STAY STRONG!! I WAS BORN W/CP I HAVE HAD OVER 140 OPERATIONS AND ALTHOUGH MY LIFE WAS HARD IT HAS BEEN GREAT, I AM NOW 63 AND I AM HAVING TROUBLE WALKING DUE TO A BAD SURGERY IN 2011 AT MY AGE AMPUTATION AND OTHER MEDICAL PROBLEMS, I WISH I HAD BEEN STRONGER WHEN I WAS YOUNGER I WOULD LET THEM TAKE MY LEFT FOOT THEN. GOD BLESS AND I HOPE YOU KEEP ON KEEPING ON!! YOU ARE A WARRIOR!!
![Walking into a hospital & leaving as an amputee: my amputation story [CC]](http://i.ytimg.com/vi/x9EEbrs4oWc/mqdefault.jpg)
![Walking into a hospital & leaving as an amputee: my amputation story [CC]](/img/tr.png)
![What No One Tells You About Divorce [CC]](http://i.ytimg.com/vi/nzBmES3YWmk/mqdefault.jpg)
the fact that they tried to say you were fine because the floor was “safe” when they checked it THREE YEARS LATER??? that’s like saying someone who broke their arm slipping in a puddle of water is faking it bc the floor it dry now.... wtf 🧐
Yeah that was literally the dumbest shit I ever heard. Like do the people that ordered that not realize how stupid that is? I mean genuinely imagine some Ben and Greg had to go to this closed down restaurant and check the floor. Like did THEY not realize how stupid it was?
My boyfriend had a similar issue. He slipped on a wooden deck (on a boat) that hadn’t been cleaned and was covered in slippery algae, but the owner of the boat claimed that the deck was clean & safe. It was later announced to him that an official person would come inspect it so of course he got it cleaned right before they came and they agreed that there was no issue… the case is still going on and this was like 2.5 years ago (my boyfriend ended up needing 2 operations and a new hip and still can’t move properly)
@@Linda-lp2rq omg that's ridiculous! I'm so sorry to you and your boyfriend, I hope it gets resolved and he gets some justice soon, and gets well soon as well ❤️
@@Linda-lp2rq I hope your boyfriend had other witnesses or photos to prove that the deck had been cleaned AFTER his fall.
I wish for your bf sake that they had never informed the boats owner that they were doing an inspection, because it’s highly unlikely his case would still be ongoing. I hope he recovers soon and gets the justice he deserves for the boat owners irresponsible attitude.
Yeah no shit right
FWIW: The fact they initially _accepted_ responsibility for the incident, then later recanted that responsibility is just about the most significant issue of the whole situation IMO.
Exactly!
I had a simple incident, someone hit me in a parking lot...backed out of a spot into the side of my car. They initially said they had done it, accepted responsibility. My insurer told me their insurer had spoken with them and accepted responsibility. Then my insurer called me and said the other person had changed their story, no longer accepted responsibility.
I was scheduled to have the other driver's insurer look at my damage. They no longer wanted me to bring it in, I asked if they didn't want to see the damage, because it was obvious that it was from their client if they looked at it (front passenger side door, straight in crush damage). Nope, no reason to look at it. Talked to my insurer about contesting it...they said I could but that I would have to file a claim and that if we lost my rates would likely increase. It was an old car so I didn't bother. It just really felt wrong that the other driver so blatantly lied, changed their story and no one cared.
...and that was just a minor few hundred dollar issue with an old car.
I feel like legally companies shouldn’t be able to recant being guilty unless they have additional evidence proving that smh
Like, if they initially refused but then reluctantly accepted later that would almost be more acceptable simply because i would understand the why. But the fact that they initially accepted responsibility but then tried to slink their way out of their obligations is such slimey bullshit.
Definitely.
@@mfawls9624 this is some bulllsh11t
My experience after having to file 2 lawsuits for discrimination regarding my disability is that you get the amount of Justice you're able to pay for
The rich get richer, and the poor get screwed.
As a lawyer, let me say this is true, but one little misconception: it's usually not (only) about the lawyer you are paying it's about how much media coverage you get. Big companies will pay A LOT if you are noisy enough. They almost always settle it if they think you are a big enough treat to their image.
The justice system is slow, and companies are aware of it. They will try to shut you up as soon as you sue them. Get your whole story straight, collect evidence, get names and witnesses, talk to a lawyer as fast as you can because they will try to dismiss your evidence if it's not collected properly.
Yup, the courts don’t want to deal with things that are not worth it to them. Laws are put in place to streamline the system aka you have to have money and or be owed 100k +
@@sarahisatitagain How correct you are. Just look how McDonald's and their insurance and PR companies treated that poor old woman who was seriously injured by them selling a known dangerous product.
@@christopherjohns1566 which product? Their food or the toys?
A competent judge would have disallowed a floor analysis 3 years after the fact. In fact, a lawyer presenting such poppycock should have been hit with a contempt charge.
the fact that it wasn’t still slippery 3 years later, arguably proves that the issue was with the floor being greasy because it hadn’t been cleaned properly (and thus the restaurant’s responsibility), as opposed to being an issue with, like, the material of the floor.
Double likes for "poppycock"
i think contempt only applies in actual court not pre remediation
I'm a retired attorney and presenting bad evidence wouldn't be considered contempt. The condition of the floor 3 years later shouldn't be admissible, but it isn't contempt. (Questions of law are decided by the judge, questions of fact are decided by a jury. Every state has different standards on evidence. So is the floor analysis a question of law or fact?) Not showing up on your trial date without a good reason can get you charged with contempt or if a judge in a preliminary hearing (more costs) said certain evidence was inadmissible and you brought it anyway can cause a mistrial and a contempt charge.
When I first started I worked with a team that did medical malpractice. My job was to do the research (before law school I worked in special ed and institutions) and explain to the lawyers and coach the doctors how not to sound like complete nerds. And Jo is right, in discovery they can get literally any evidence about you they choose. (Had a client and they wanted to know her sex history and a detailed list of every sexual partner she had ever had. We fought it but the judge allowed it). So court cases are extremely expensive. Jo didn't explain her settlement in detail, but general your lawyer is going to take 40% (that's the limit in my state) AFTER costs are paid first. So the longer you go without settling, the higher your costs go up and the less you'll get from the settlement.
These slip and falls are very common. This is why supermarkets are very quick to clean up any spills. We had a client who slipped in a supermarket, cracked their skull and died. The standard for negligence is that the party knew or should have known of the dangerous condition. This is the instruction the jury will be given. She should have won her case as they should have known, but then comes the difficult part of proving damages. And in my state the other side can enter their offer of settlement to the judge and if the jury fails to award you more than that, then you lose. (And the jury is never told about that). So again, another reason to settle. I can see what the insurance company was doing arguing about the damage to her leg. Their attorneys have an ethical obligation to do this in representing their client. As in Jo's case, they take the position that her damages were not that severe and she is basically faking this to get more money. They will never say this to a jury. They will imply it over and over and hope that the jury will come to this conclusion. And juries will get bored very quickly when Jo would enter evidence about her damages with her doctor testifying. And the other side would be sure to drag this part out as long as possible. What do you think your chances of winning are now?
Sometimes lawyers think of trials as like playing poker. How good are you at poker? How good are your cards? How good are you at bluffing? I hate poker. It's really sad to go to trial and lose knowing that your client will live with the injury forever. I quit the team and went into international law instead. Similar work, but now I explain the US legal system to foreign corporations.
@@rabbit251 companies exploit their longer breath and less personal involvement in this and try to mentally grind their opponents down. Those practices are disgusting and i cannot understand why a lawyer didnt stop this
I had similar arguments brought up against me, as a teenager, in court, when my parents were found to be unfit parents. The judge and lawyers both said "well you are so articulate, and you're here now, so the 16 years of abuse you suffered directly at the hands of your parents can't have been that bad."
And the answer is, yes I'm here now and so are you. But that is a testament to our character, and says nothing about the trauma we've endured.
You are amazing, and so strong to go through that.
Incredible that it’s allowed for an adult in authority to question and confront a child this way. Hope you’re doing well today 🙏🏻
Would love to see that logic reversed. How many people in the courtroom have a Jurist Doctorate (law degree) okay can not be that hard, how many of you passed the bar (state license exam) okay that is obviously not that bad. The true question is not how many made it, instead how many did not make it. Truly a testament of character all around. So sorry you have to go through this.
The abuse you supposedly suffered might've strengthened you and showed you who you don't want to be.Most teenagers rebel against their parents negatively and without purpose, your's perhaps wasn't from the court's report of you
Mary Wood
Powerful comments. Clearly shows that you're determined to be whom you are. You're an impressive lady. Keep up making the difference where you turn. We know it's not easy...but it sure Tates great when you show the world whom they're getting...
Blessings
I wasn't even allowed to go to the trial so I couldn't speak for the 15 years of abuse I went through from my dad, which I happen to still be going through but not quite as bad since I finally have a phone and could call the police at any given moment. If I had just been allowed to go they would've gotten another opinion besides my parent's obviously biased ones. I've had therapists tell me exactly what the lawyers told you, and it hurts. It really does. I'm so sorry you were told that. I'm glad your parents were found to be unfit and you're able to stay away from them.
As someone disabled with chronic pain, I absolutely hate when people act like you aren't allowed to enjoy your life when disabled. People often see good days then say bad days are just faking it.
There are days where the morning is terrible, but by 4pm I feel fine and can be very active. People often get mad at that. Like they don't want you to feel or be better.
I'm sorry you experienced it in such an intense, demeaning way.
Dontcha know you have to be an inspiration but also if you do anything without "looking" like you're in pain, you're faking it? 🙃
As someone with depression, autism and ADHD, so mental disabilities, i can empathise with the good days, bad days thing. And the slow startup to the day.
I am living that right now. Some days I can rake my leaves. But I usually can't walk for the next 3 days. Few see that because I don't leave the house. At a glance I may seem okay. Pain is a hard thing to prove.
Fix the gut (good naturopath), get into HBOT (hyperbaric 02 chamber), trauma therapy (always stuff in the family), and BELIEVE you will heal. You WILL and your and your bad days will be less. I know this a patient and a nurse helping people in your situation who are no longer in that situation. If you want it, it's YOURS
Been treated for chronic pain since 2000, and I can say, "I feel your pain"
Just kidding, pain is subjective and no one can feel your pain 😢
"I had to have part of my leg cut off"
"So it wasn't that big of a deal right?"
How the hell does that even make sense. I hate hate hate lawyers, especially when they know they are in the wrong and the judge is even more infuriating.
Part of her leg cutoff that had already had part of it cutoff!
Don't hate lawyers, they're just there to make sure laws are followed. Hate the people who made laws so fucking stupid lawyers are required to argue shit like that.
@@thepinkestpigglet7529 they absolutely can not argue this.
I was in a Braum's in Andover KS a few weeks ago, almost fell on heavily greasy floor. The restaurant was filthy. I had never been there before...my hubby wanted the Aloha Burger he had seen advertised on TV. I called the KS Dept of Agriculrure, they are the ones that inspect restaurants. They sent an inspector THAT DAY. I haven't been back there...next time I go to Goodwill next door I'll pop in to see if anything has improved.
@@thepinkestpigglet7529 The lawyers shouldn't defend someone they know is guilty, and they shouldn't torment and bully someone they know is in the right. This is their moral obligations as humans, and they've failed. They get to go away and make their own species: Sleazy lawyers with no standards.
I had a cook at Applebee's put almonds at the bottom of a salad I got after specifically telling them how serious my allergy is and then I nearly died from anaphylaxis. Restaurant negligence is a serious issue that can change or even end a life for such a simple mistake. It's not something to take lightly.
I can't count the number of times I've had to explain allergy does not mean "I don't want" to my coworkers. I am a cook (Currently at Applebee's for what it's worth). Allergic alert on an order means making it completely separate, with different equipment (When reasonable). I make sure to do this. I have a friend with a severe shellfish allergy and have seen what happens when things go wrong.
It would also help if customers wouldn't use "I'm allergic to" as a substitute for "I don't want", or "Make a separate order just for me". Or "I'm blaming all my problems on the latest food fad".
@@christopherconard2831 So my mom gets really really sick when she eats gluten, but she is not Celiac. So when restaurants ask if she is Celiac, she often says yes because otherwise she can't really depend on restaurants being safe for her. I do get the frustration for people using the "I have an allergy" to really mean "I don't want", but there is a really large spectrum to the people who just "don't want"
@@Em-._.- that’s more than “don’t want to.” If it makes you sick, it’s totally reasonable to avoid it. That being said, I do get your point. A customer’s preference is important, but they’ve got to be honest about it being a preference. One shouldn’t pretend to have an allergy one doesn’t, as it negatively impacts folks with allergies and the prep is different, but not wanting to eat a certain food should be respected (within reason).
@@christopherconard2831 I know a Chris Conard from RI/Mass ....figure I would reach out just Incase you were that Chris lol
Vinessa Sanford
Wow, incredible situations take place. And restaurant attacks of such caliber as your situation, actually happen more frequently than we care to acknowledge. In the territory where I live. I see it very often.
I worked in the legal system and have a nose to smell these things.
I'm glad you survived such an attack. Keep voicing these things. One day...it will stop 🛑
Blessings
The one thing I really stuck on with this was you saying "I get why it works the way that it does" when the truth is it DOESN'T work. Not really. It is a broken, malformed, twisted, painful abomination that allows those with more money to harass and abuse and traumatize the people it is supposed to protect. It's disgusting, and reprehensible, and needs to be destroyed and built over again.
It was not made this way by mistake
Agree 💯
If you had "sat in a sad hole" all this time, they would have tried to use *that* against you, suggesting you didn't fulfill your obligation to participate in rehab.
That's what they do -- attack you wherever you are and everywhere you've ever been.
And mediators have their own biases.
There are not enough safeguards for decency in the justice system.
Woah I didn't think about this angle.
This is why defense is something I never wanted to do as a lawyer.
@@Sam_on_TH-cam Defense would be the side helping her in this situation...
@@MrCODEmaster00 No. She filed the lawsuit. That makes her the plaintiff. There's nothing wrong with defense, but you have much less control over the quality of your case. You can't really choose whether or not to bring it. And I don't like that.
Mediators have a thing for denying that the victim's negative experiences actually happened
Corporations have a lot of resources at their hands. Just look back at the McDonalds case with the hot coffee. For many years we were led to believe it was a silly frivolous suit when in reality, it was a poor elderly lady who was in the passenger seat of a parked car trying to cover a flimsy cup with coffee brewed well over restaurant standard temperatures. All the woman wanted was for McDonalds to cover her medical bills. It was the judge who chose to use this case to make an example out of McDonalds.
Thank you for sharing your story. This is just one of many examples where we as individuals need more power to stand up to corporate greed.
The mcdonald's coffee case was a nefarious masterwork of PR. The case turned from "elderly woman got severely burned by overheated coffee" to "lol look at dumb people and their dumb lawsuits".
If someone is making fun of a plaintiff on behalf of a corporation, they need to take a good long look at the PR kool-aid they've swallowed.
She was burned a *LIFE THREATENINGLY* amount. 6% third degree burns and another 16%.
en.m.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaurants
@@kaylahall1219 Kendall Rae did a video on it, it's horrific how bad it was. People made it out that she was this horrible lady trying to get money from a big corporation but you're right, she almost died.
I thought it was a driver at the drive thru
@@zapacunotres59 Stella Liebeck was in the passenger seat of a parked car. Her grandson was the driver.
I‘m a US citizen living in Germany, so I can say the following: the US prides itself of having the best legal system in the world. They definitely do not!
yes. That system sounds horrendous. How something of this matter would have been handled in Germany: The health insurance fronts the bills and then claims the amount from the defendent or his insurance. And if it comes to trial, the injured person would be a witness, not a party herself. And of course no party would ask for the childhood apart from maybe the necessary medical history.
@@hendrickziegler8487 yep. and judges would tell people to stop as soon as they would say "but NOW you can do this"
@Ghosting lmao someone mad
But we have the more lawyers than we can count. Does that count?
I'm sorry, we do? Our legal system sucks who the heck says it's the best out there -
I got deposed once. It was four hours of the lawyer trying to discredit me as a human being rather than focusing on the details of the case. I can empathize
Scott Williams
That is totally an abuse of a human being. I went through a depo that lasted 3 days. (The last day 6hrs)
I totally understand your predicament.
They try to assassinate your character which becomes their main objective. The trial was set up about two years later. My attorney told me that we were losing the case. I fired him and I asked the judge just to allow my day in court. The studios lawyers argued this. But the judge gave me 4 months to prepare. I beat the high profile lawyer and won the case. Not for the real money, but I got something. I hate lawyer....
No questions. I know where you
are coming from. Lawyers ?!$&@
I was essentially deposed (we don’t call it that in Australia) for a rape case where I was the victim. I had the whole office of lawyers who were meant to be on my side questioning everything I’d reported - his lawyer wasn’t even involved. They dismissed the case on a he said/she said basis, but had documentation of him saying if said no repeatedly and cried! 🤦🏼♀️
As a lawyer I can tell you guys are absolutely right. I fucking hate my job, I hate the hypocrisy of our oath about seeking justice while everyone knows it's not about justice, it's about money, ego, power.
But you want to know what? Lawyers aren't the worst. Companies are the worst. Lawyers are just disgusting henchmen they use to achieve their means. The number of times I was told to do "whatever it takes" for someone to drop a case is just sick.
When I used to manage a restaurant, I came in one day and slipped on the floor and almost fell. Turns out, someone on the crew the night before used a back-of-house mop that someone had previously used to clean a grease spill.
That person didn’t change out the mop head. The next person took the wrong mop. The owner that was closing the restaurant didn’t pay attention.
So here I am, panicking on a Saturday, closing off parts of the restaurant and feverishly scrubbing the floors with all sorts of degreasers so no one would get hurt. I didn’t care about the restaurant getting sued since the owner himself clearly didn’t care. I just didn’t want anybody to get injured.
I even communicated with him after my discovery, wanting to delay opening the restaurant so we could properly clean. He refused, saying it would cost him too much money.
It took me and my only busser that day 4 hours to get the place clean and safe again.
This was a family-owned business. Shortly after the incident I quit. I didn’t want to support this man’s business anymore.
It officially shut down two months after I left. 🙌
Oh god. I worked at McDonald's for 5.5 years, eventually becoming a department manager and good god the issues we have to deal with in that business are overwhelming and terrifying. So many moving parts, so many things going wrong every day, and relentless customers demanding the world while you struggle to right the ship all day long. I'm glad you quit. I'm glad I quit.
The world needs more people like you. Thank you.
@@TerenaTalk Thank you for your kind words 🙏
You’re a good person.
@@mariesabine2385 Thank you. Just a human concerned for others‘ health and safety.
I’m on year 6 post car accident - and those depositions are traumatic AF. They are doing the same thing - trying to say because I’ve lived life and had any success that it’s not a big deal. I cried watching this. My injuries and surgery aren’t amputation related, but I’m my heart hurts for what you had to go through. This video was refreshing and helpful for me though - sometimes you think “maybe it’s me” or “maybe I’m crazy” or “maybe I’m not likeable” - this is a reminder that this is the process - and that process is terrible and victimizing. Thanks for sharing. You are so resilient!
It’s not you. You are not crazy. You did not deserve to be treated like that.
I Went through something similar. Your lawyer is supposed to block requests for information that have nothing to do with your case. The biggest thing i learned and that you probably did too, was that the opposing council isn't there to find the truth, they are there to either prove you wrong, discredit you, or to make the process so difficult that you give up. It's a very common tactic that i was not aware of. They DO NOT want to pay you.
There should be mandatory minimum prison time for lawyers and insurance company executives doing any of these dirty tricks. This should slowly cause this to go away over a few decades as the fear of jail changes the attitudes of new professionals in those industries.
In my naive opinion, it would be more logical for the insurance company to use the money paid to the lawyers to pay the medical bills of the injured person instead... But so many things don't make sense in life, why would insurance settlements make sense?
@@vvkouna They don't want to set the precedence. ☠️
@@vvkouna If an insurance company pays one claim, they have to pay all of them. So if other plaintiffs had come up with other lawsuits about falling on a slippery, dirty floor, and they had straight up accepted liability and responsibility and paid Jo's claim right away, they would have set a precedent and would have to pay all the other plaintiffs cases like that as well.
Also, insurance companies have insurance companies that cover them and their employees, so when an insurance company has to accept responsibility and pay a claim, THEIR insurance rates that they have to pay, also go up. Their covering insurance company charges them more to cover them with every claim they pay. So say at first they're charged 5%, then after Jo's case they have to pay 10%, then after another fall case they have to pay 15%, another fall is 20%, and eventually their covering insurance decides that that company is too much of a liability and drops them.
Having to deal with the US legal system is so degrading.
Yeah, for better or worse it's quite literally their job to do everything in their power to have their side win. There are rules for what that entails, but if your lawyer doesn't know them as thoroughly as the opposition, well... They wind up getting one over on you. We see them as dirty tricks when they go against our morals, but the fact of the matter is it's their job description to defend their client by any legal means. This starts getting wildly ugly when bigotry is involved, and even moreso when the judge is allowing it. :/ A judge worth shit would throw out spurious nonsense, however, many judges, just like many lawyers, ain't worth shit...
I've always heard people say whatever doesn't kill you makes you stronger but in my opinion whatever doesn't kill you still hurts like hell
I've always hated that saying. In my experience, the only people who use it are people who don't want to be inconvenienced by another person's suffering.
I feel like it only makes sense in some situations i can apply it to the shittiest moments of my lige but i still hate hearing the saying from others it’s basically “get over it”
This breaks my heart for her. It seemed she didn’t have a good lawyer who was actually fighting for her.
It's a ridiculous saying! Seriously - the 'makes you stronger' bit is entirely beside the point.. 'What doesn’t kill you makes you stronger' - you know what? I don’t WANT to be stronger, I didn't ask for this to make me stronger, I didn't ask for this at all!
And most importantly - what didn’t kill me, JUST TRIED TO KILL ME. Why on earth should I be grateful for attempted murder??
I personally prefer: what doesn't kill you gives you trauma.
I’m a double amputee. I fell after my second amputation, getting out of the car. Popped all my staples and ended up having to have emergency surgery and lost an inch and a half on the left side. It’s been tough learning to walk on two prosthetics that don’t match. I’m getting there though. Love your videos. So much so that I’m considering starting a channel about my story. Every day is a fight to move around. Mostly because there’s very little for me to do. I get to change a tire on the car tomorrow. I’m excited to have something on the to do list! Lot of respect to you. Keep it up.
I hope the tire change went well and your journey is ever upward!
You sound like you feel guilty about taking it as far as a lawsuit but you did the right thing! It is critical that someone force them to be responsible to people's safety. That only happens with lawsuits, sadly.
I think she feels bad about not taking it to trial tbh
Well, companies like McDonalds have put millions of dollars into campaigns to belittle people who sue them for their negligence. It's just like what happened to Stella Liebeck (the McDonald's coffee lady). Because of the campaign they ran to belittle her she is known to this day as the lady who sued McDonalds over a little spilt coffee, even though they served her boiling coffee which gave her 3rd degree burns on her legs and pelvis. What's worse is that McDonalds had known their coffee was too hot from years of burning people, but simply refused to change until it finally costed them.
@@J_1791 Yeah I feel the same, I would've pressed it just out of spite at that point after all the shit they pulled lol
Like saying "Oh I'm not taking money from a small business!" It's like geez... Take money from a small business it's okay. Small business has been put too much on a pedastal these days they can be bad too.
@@fieldy409 even so...it's not taking money from a small business. It's taking money from their insurance. That's what insurance is for. They're not people. They're not to be worried about. That is their job...to get sued to force them to pay out for their legal obligations.
Yet another example of when a victim is further victimised by the legal system. You are incredibly strong for getting as far as you did. I am so glad you were able to take back some of the control and make the decision for yourself. Kudos to you from one trauma victim to another 👏👏👏👏
Yep! After my dad’s first heart attack he went to the hospital with chest pains, they told him he was fine and sent him home. A few days later he had a second heart attack. After his double bypass he complained of pain, they said he had a hernia in the scar, and took him into surgery just for there to be no hernia and no reason to bring him into surgery. He went to multiple lawyers that all told him, “Listen, you’re right. If this was any other hospital I’d take your case, but this hospital has amazing lawyers and it’s one of the top hospitals in our state. You’ll never win. Don’t waste your money on a lawsuit”
People do win in lawsuits. It's just one persons experience.
@@kaitlynmarra5874 Yes people do win lawsuit, but making a lawsuit drag out for muiltiple years and purposely degrading the person that is suing is a method used all the time to discouraged people from pursuing justice rather that be in criminal or civil cases.
@@marandam6019 that’s how u win lmao if they didn’t do that everyone would sue that shouldn’t be u don’t just get money for bs claims every case is different but people don’t deserve settlements because they feel they do
@@kamdaddypurp69 I understand what you are saying. However, it hits different when you are facing a situation where negligence causes a year of pain and a reamputation and the one goal of the lawyers is to shut you down even though you have a valid right to be compensated like in Jo's case where clearly common sense say 1 +1=2. You are blessed to have never been in a situation like that or in a situation where negligence cause a death like with my mom. In her case I wanted to make the doctors and hospital aware of their failure. I wanted to sue them and was told we had a great case for medical negligence. I did not want money I wanted them to change 2 policies that contributed to her death. My dad declined to go through the very painful process Jo described above and I honored his wishes. That being said I know for a fact more people have died or have been seriously injured because of these two hospital policies. Has anyone else sued? Nope. Why you ask because of the process Jo described in this video. Will more people die because people don't want to go through that painful process? With certainly they have and they will.
"I've been trying to work on making my life as healthy of an environment for the body that I live in as I can [...]". - Jo
For anyone who lives with a disibility, seen or unseen, this is a beautifully empowering statement. I am so sorry that you had to go through such a painful experience. Your dedication to your mental and physical health, and your desire to help support others through such difficult things, is incredibly inspiring. Thank you so very much for sharing your story.
I noticed that too. What a fantastic sentence.
As someone with an invisible disability a lot of this hurt to hear, because I have also had people trying to explain to me that they know my lived experience better than I do. I had a therapist (possibly a doctor, my memory is bad) tell me that my chronic pain would go away if I wasn't depressed. And when I told her that I haven't been depressed the whole 8 years living with this pain she literally told me "no, you are wrong". I got so mad and I told her I was literally there and she was not so how could she know better than me, but in the end she still tried to convince me that my pain wouldn't bother me if I wasn't depressed. But like, ma'am... why do you think I am depressed in the first place? Because there is no way my pain isn't at least a contributing factor.
Yeah catch 22... same for me i'm depressed because i have a fucked up foot and a lot of pain... but noo i need to understand what pain is and it's all in my head....
@@bllahblubb8072 Yup same here, been having migraines since October, have been signed off as medically non effective for work and when I spoke to my Dr about it last week the depression I was feeling because I can't do anything due to the migraines was dismissed. I was then asked if I had tried going for a run? To which I pointed to my medical records that state I can't run due to an issue with my knee and that even if I could I am having trouble walking without throwing up due to the migraines! They just don't give a shit!
oh boy do I know this one. I have "depression" as a diagnosis for pain on my medical records, except I'm not depressed, and NO ONE has ever offered me antidepressants. I've also been diagnosed fat, so that's always super fun. "Doctor, I have severe lower back pain!" and I'm supposed to lose the never-ending 5 lbs and it will go away. 50 lbs later, my lower back still hurts, but maybe it wouldn't if I 'just lost 5 lbs and cheered up' or something. (That last bit was sarcasm). I have yet to get past the wall-o-medical-prejudice to access diagnostic tests.
My former BFF went through the accident/injury lawsuit, and was still buried under a pile of medical debt from what the lawyers didn't scarf up. Her mother got stuck with her bills after she passed away (super fair there, she was 32 and her debt should have died with her). Our medical-legal system is highly skewed in favor of the ultra wealthy.
@@zyonchaos1818
My migraines only got taken seriously by doctors when I almost died from one of them and had to get sent to the hospital.
That's right, a migraine almost killed me.
And I mean the migraine itself.
Apparently I have a rare type of migraine disorder known as "hemiplegic migraines" which come with auras and can mimic strokes. Can also make you permanently disabled or cause death.
Unfortunately there isn't a cure when the migraine happens.
Edit: I have a lot of other health problems and apparently people think they're caused by my obesity however, I've been told by specialists, and I mean special specialists that are like, top 10 doctors in the country, that the medical conditions are the cause of my obesity.
You read right.
All my shitty autoimmune diseases are the cause of my obesity.
I have like 15+ medical conditions.
So, it makes a lot of sense.
The stuff that was done to me before 18 still affects me at 60.
If anyone is interested in learning more about why suing a company is most of the time the only way to get them to pay for damages they caused, I cannot recommend the McDonald’s Hot Coffee episode (from September 13 of 2021) of the podcast You’re Wrong About enough. It dives into how liability was set up here and touches on how that differs from many other countries.
It also talks about how the laws have changed over time to very very very much not benefit the victim. It is very interesting, enlightening, and slightly enraging.
I'm assuming that episode is about the elderly woman that was seriously burned in the 90s. I still hear people joke about her and her money grabbing ways when she was SEVERELY injured and needed skin grafts and just wanted her medical bills paid. I really hate it here
@@_GreenSkies_ it is about that case. Her story is absolutely heartbreaking. The podcast is a really emphatic environment. They also deep dive into why the system works the way it does and how media coverage of these kinds of cases makes it even worse for victims.
@@EbayleyA Thanks for this! just listened it was really interesting.
Yes!! I love this podcast and this episode is so enlightening!
Why can't you recommend it though?
I have learned that you can never ever win a lawsuit when your opponent has more money than you. That's how "justice" is served: only rich people get what they deserve and what they don't deserve, always in their favor.
I have a strict rule with myself, if a place where I’m eating or getting a needle (vaccine/tattoo) doesn’t have clean floors, I don’t stay there. I wouldn’t have ordered my food at that place. When I got my first tattoo, I walked away from a few different shops because of their floors. If I can’t trust my physical safety with them, then I can’t trust my internal safety. Thank you for sharing your story, it has reaffirmed why I have this standard. I don’t want to support a business that hurts people, especially sweet people like you. 💜
Ditto. We had a Chinese Food takeout business in town whose floors were so greasy I slid across it when I went to pick up our order. Greasy floors, a temperature of 90° and 90% humidity made that floor an absolute hazard. I never went back. Six months later I saw the counter man walk out the door and do a one fingered nose blow onto the sidewalk. GROSS.
that sounds like a good rule of thumb
Ditto on "I don't want to support a business that hurts people, especially sweet people like you" & wish you would re-consider naming the restaurant. I hate to think I'm giving these jerks my money.
Toilets are also great places to check. If the places open to the public are filthy, the places not open to the public (kitchen) is not going to be any better...
When I was 10 I had to have revision surgery on my stump. It's pretty common to have this happen to an amputee who is still growing because the amputated bone doesn't grow straight.
The surgery involved breaking the bone and resetting it to grow straight.
Only a few days after this surgery I walked into the kitchen and didn't see a pair of my sister's underwear on the floor. I slipped and fell directly on the end of my stump.
Until I had my heart attack it was the most painful thing that had ever happened to me. When you told the story of your fall it literally made me shutter. Cold sweat sort of sympathetic pain.
And yea, a heart attack hurts more than falling on your stump fresh after surgery. Please, take care of your heart!
Unfortunately my parents wouldn't let me sue my then 8-year-old sister.
Your parents are jerks! 😂
My sister would have been handing over all of her Halloween candy and Easter candy until I turned 21. :0D
@@tinydancer7426 To be fair, it wasn't really her fault. She was not dressing in the kitchen.
I should have paid more attention.
@@erictaylor5462 Oh, ok. Darn, missed an opportunity for some free candy there. :0D Guess the moral of the story is, if you are on crutches in the kitchen, always keep an eye out for your sister's underwear. :0)
Yes, listening to this I'm thinking the pain must have been so intense. I can't begin to imagine.
I have worked for lawyers and have hired my own. I've come to the conclusion that they're all bastards, even the ones you like. As for the process, it's long and tedious and designed to wear you down. It's so difficult to stay strong enough to continue. There is a reason why more than 90% of cases settle out of court and it isn't b/c injured parties get what they deserve or are even happy about their settlements. It's deliberate.
And,while dragging it all out forever, they are charging you hourly……
At this point, it's basically their job to be bastards. The other side is going to throw their worst at you, so you've got to play dirty right back or you'll never get any justice. It's abhorrent.
Yes, lawyers are bastards, but that's what the system requires of them. My neighbor is a lawyer, has been a good friend to me, is active in community charities, and is a very kindly man, who has been married to the same woman for 35 years. But in the court room, he would sell his mother to the Arabs.
I would have lost it on the former judge.
The first words out of my mouth after his manslaining would have been "How much are they paying you to not be impartial?"
I flat out would have called for a second mediator because I had no confidence of his impartiality.
A mediator should not serve in the matter if a party makes an objection to the mediator based upon a conflict or a perceived conflict. (that's a direct quote from the ASSOCIATION OF ATTORNEY-MEDIATORS ETHICAL GUIDELINES FOR MEDIATORS.
We actually had a ton of frustration with that - because, in my opinion, the mediator who is paid to be impartial, did NOT appear to be that way. It felt rigged. There's a lot more to that story, but for what its worth, I really appreciate your validation on that. 💜
I fear a lot of that is due to ableism being so darn ingrained in society that it was simply not an issue he could properly engage with. (now if he were a properly trained and ethical mediator he wouldn't have behaved as ridiculous even if he didn't know this bit of lived experience for ca 20% of humanity, but alas)
@@FootlessJo I’m not sure what governing body he/she works under, but it might be worth it to file with the governing/certifying board… In my situation I’ve dealt with unethical attorneys/judges by referring them to the bar or board of judicial conduct (you have to write everything up by their respective rules of conduct, but it’s actually really easy to pull things apart in that context)… And you can always come back to it later - it’ll just set precedent for the next time someone goes through a similar situation 🤙
@Misz President Nixon Agreed. He may have been reacting to experiences in court when he caught someone exaggerating their injuries to get more money -- maybe -- but whatever the reason, he was not impartial. I'm sorry you had to go through it. It sounds way too much like what sexual assault victims too often experience in court -- although usually that comes from the defense attorney, NOT the judge.
As soon as I heard “retired judge” I thought “old school” and a few degrees off of morally right on the compass 😔 how infuriating
since I was a child I've found it absolutely repulsive when people in power assume that any and every complaint against them is based in the other party being wrong. and somehow throughout my life whenever my response to this behaviour is to call them out for being dicks everyone around me defends them. what is this dystopia that our society keeps actively choosing?
Exactly. Companies are out for one thing only. Profit, they absolutely do not give a fuck about people even in the face of brand loyalty.
I'm incredibly sorry you went through all of that bs, but thank you for sharing your story. Your account of being questioned, gaslighted, belittled, and dismissed by their "professionals" is reminiscent of what I've experienced with doctors and trying to get my own serious health problems addressed. I appreciate you!
I am a personal injury paralegal. The one good thing I can say about our small firm is that we do a good job of reducing the stress of a lawsuit as much as humanly possible for our clients. That said, you express perfectly what it is like to go through a lawsuit when you are the victim of another's negligence. Hopefully you never are the victim of another person's poor choices again. Sadly we have clients who have come back to us two and three times. It happens. 😢
I had to sue after a police officer ran a red light and T-boned me for my medical bills and emotional and physical trauma that was caused by it. It was a very long and tedious process and at the end of it all I wasn’t taken seriously about my physical pain and problems that were caused by the accident. I had a shitty doctor that didn’t believe me about my pain and basically fked me over with her notes because she didn’t believe my pain which made the insurance company not take it seriously when deciding on a settlement amount. I got a decent settlement, but I truly believe that I should have received more than I did.
I definitely didn’t want to go to court, nor did I think that I could emotionally handle going to court.
I’m sorry that you’ve gone through this and I can empathize with all you went through with the lawsuit. It’s really hard and traumatizing in and of itself.
I’ve been through that too. The backend medical notes. I only found out because I was trying to file for disability and my state required all the doctor’s notes. (I have a chronic disease so I was in multiple states trying to get help, and many many doctors).
When I was reading them, I realized why I always had so much trouble getting help. I *presented* normal and not as described so all of the notes had buzz words like psychosomatic and “completely lucid.”
I’m so sorry you were treated that way.
My cousin is a cop and did that. I know he doesn’t feel remorseful. The system sucks
@@lafq that is really sad to hear. I don’t know how anyone would be able to not feel remorse after hurting someone.
@@ecueto395 In his mind “She’s just looking for a payday”
@@lafq I had so much in hospital bills and to this day I still have constant issues solely from the accident. Most people have lifelong issues from car accidents especially being t-boned by someone that didn’t stop at a red light cause they weren’t paying attention that I doubt it’s always just people being greedy like he assumes. That’s really sad that he sees it that way. 😔
Your husband is a very fortunate man to have you. I too am married to a girl with health issues and she still is a most wonderful person even after 46 years married. There's been a lot of scary moments in hospital waiting rooms after many operations; still I do not know another man who has had it better than me as a husband.
this makes me so happy for the both of you. how lovely to see a husband speak so highly of his wife 🖤
Oops, they got divorced 💀
I’m so sorry. This is why people say you can never win when going up against an insurance company. They bring out the dogs. Im happy there was a positive outcome, but I’m sorry for the pain the process caused to come to this decision.
the fact that a case like this crimes down to whether or not you’re “likeable” is fucked up. you shouldn’t have to be a lovely person to have justice.
that said, i hope that what you did get out of it does you well, and i hope this whole process is easy to heal from ❤️
I gave up on the system after never seeing any justice for anything anyone has ever done to me. Personally I've never seen anyone held accountable for their actions unless it's over drugs or a rich person. I guess they get justice, us little people just have to hope karma gets them.
Especially since “likeability” is often tied to attractiveness or similarity to the beholder.
Right I would lose so fast 😭
Right? I know I’m “unlikeable” I give off a bad first impression. My partner teases me that I’m misunderstood because I’m articulate and speak fast with an obnoxious vocabulary which I get because know it alls are insufferable but I don’t think I’m smarter than anyone. I know this about me. It factored into my decision to sue last year. I still did but it sucks that you can be seriously hurt and still have to think about that.
This is one point where I think the UK civil legal system does a much better job. Civil cases here are tried by a judge, not a jury, so the legal facts tend to be more important than likeability, since judges are trained in law. My father had to sue after a motorcycle accident, and said that it was actually quite enjoyable to hear the judge have a go at the defendant's lawyers for trying to bring up ridiculous scenarios (like my father being partially responsible for the accident as if he has left for work five minutes later he wouldn't have been on the road for the car to hit him 😂).
I watched this a year ago and somewhat understood your decision to settle and move on with your life. Then last year I was mauled by a friends dog and suffered severe facial trauma (it bit my nose off) after two reconstructive surgeries (I have more to go) and countless months of depression, I’ve finally decided to settle with their homeowners insurance. The process is so physically, emotionally and mentally draining and damaging. It affects every aspect of your life. I lost work. I gained weight. I lost friends. I even lost myself there for a little bit. I didn’t see the light at the end of the tunnel until I decided to settle. I felt like there would finally be an end in sight and I pulled myself together, lost all the weight and then some and now I can actually live and thrive in my life and not just survive. Thank you for being so open and transparent with your story and the process. You were my only reference for this kinda thing. It truly helped me to see that life goes on after a traumatic event. Much love and respect ❤❤ “ But you survived and now you thrive”
I'm been through a lawsuit over being in several traumatic car accidents that still negatively impact my life to this day and I really do feel for you. The whole system around traumatic incidences is callous and meant to push you to a breaking point so that the other side can win some money, which is more important to them than someone's life. And I made the exact same decision as you did.
💜 💜 💜
How do you get in several different car accidents? And they were all Traumatic? The word we use in my community to describe your story is Fugazi. Because I live in an urban area and asked every single person around me how many they've been in (after showing your post) and the largest number was 3 over 27 years... ffs..
@@patrickasplund It's not your, or my place to define traumatic for someone else. Maybe it was public transit, maybe it was someone else driving, we don't know, and shouldn't dismiss someone based on our own experiences. (Or the experiences of people in our circles.)
@@patrickasplund It could have been driving for work, or as someone else mentioned, public transport, another driver, etc... or sheer bad luck. You have NO IDEA what someone else's experiences are. It's a little arrogant of you to assume your experience, and even the experiences of "every single person" around you, applies to every other person in the world.
Most car accidents are traumatic - I've been in 2 within the space of 2 years. One in which I was the at-fault driver, according to insurance (it was an unfortunate circumstance, but it was my car that hit another), and one where I wasn't, and they were both horribly traumatic, I had nightmares for months after each.
You should probably ask yourself why your immediate response to assume someone is lying about a traumatic incident, especially in the comment section of a youtube video that also deals with trauma. That says a hell of a lot about what kind of person you are (none of it favourable, I assure you.)
Several? Oh dear, how did you manage so much bad luck?!
8:15 Even if it was a "Mom & Pop" business they would still be liable for your injury. Someone needs to pay for the damages, and the only one party should have to pay is the one who is liable.
That's exactly what I was thinking. All businesses have a responsibility to have a safe environment for customer. Small businesses shouldn't be treated as the true victim for having to pay medical bills.
Where people get hesitant to sue small businesses is that one bad lawsuit can shut them down. There is more of an emotional response to destroying Bill, who owns Bill's Burger Shack than going after a large corporation like McDonald's or Applebee's.
Yes, I do agree they should pay for negligence. But small businesses have less of a buffer to eat the increased premium after paying out the deductible. This is why they often close after being sued.
@@christopherconard2831 they should close if they're unsafe
@@christopherconard2831 I understand the "you shouldn't sue if you can get compensated some other way". But she could not have been compensated some other way, so I do not understand her having to clarify further that the business is not small and could foot the bill. The same type of bill that can ruin a small business is the type of bill that can ruin a person, if a small business can't survive that bill financially, I have no reason to believe jo here could.
@@christopherconard2831 Then for that very reason, they should be even more careful than larger corporations about things like negligence, cleaning, and safety protocols.
Hey Jo, I’m a cop in Utah. And I’m sorry you had to go through this. I 100% with you that our legal system is not set up to protect victims anymore. And it breaks my heart.
What's also terrible is when some "expert" or doctor judges your condition without talking to you or an examination.
Half the time they aren't even evaluating the problem at hand. Let's say, for example, you slip at work and injure your knee. Now your knee is unstable, and you have trouble balancing properly. You start walking with a cane to help with that. Now you go see the worker's comp doctor, who says that you don't need the cane because you can bear weight on the knee, so you're lying. The workers comp lawyers also get video of you mowing the lawn with a push mower, claiming "look! They can walk, so they're lying!" Meanwhile everyone is ignoring that your complaint wasn't that you can't walk, it was that you now have trouble keeping your balance. That you need something to lean on (perhaps, say, a lawn mower or a cane?) in order to catch yourself when you start to wobble. Their evidence says nothing about this, but they're still going to parade it out as if it wins their case.
Thankfully, my example worked out in our favor. It was much more complicated than that, but in the end we got our bills paid for. But we were lucky. There are many instances where their tactics would have worked. It's despicable.
Wow, this really reminds me of applying for short term disability through my work insurance. I was initially denied, but appealed and got some money for my time off, but by the time I actually got some money, I had basically reached the max amount of time I could be off on short-term disability anyways. It felt like I never really got the break I needed for my mental health because of how stressful it was to apply and appeal and how long and difficult the whole process was.
It is so stressful when we have to prove how sick we are to strangers who are only listening to us to find a reason to say “nope, not going to help you”.
P
A
There's alot of systems that are purposely designed to be as difficult as possible. In theory it's justified by saying it weeds out those who aren't serious.
In reality it makes it more difficult for people who are struggling to get what they need. A person attempting to play the system is more likely to have the patience and resources to see it through than someone who is struggling to get by.
I feel for you, I had my right femur break cleanly about 6 years ago and had to have surgery to put in a metal rod to hold it together. Now SIX YEARS later it shows NO SIGNS WHATEVER of healing.
:O
Oh my God, that’s so awful!
I broke my femur bone clean in half around 4 years ago at around like 37 years old! I was in the middle of waiting to have surgery for a knee replacement at the time which never happened because once I broke my femur they did a hip replacement, which ended up dislocating. I left in an ambulance from there they sent me to three separate hospitals trying to put it back in place, ended up doing another full hip replacement which I never healed from! It ended up making me septic and got in my bloodstream and made me hallucinate! I was home alone with my daughters when I started seeing things, they were smart enough to call my mom which came over and called an ambulance then they took the hip replacement out and would not give me another one ended up spending 6 months between the hospital and a nursing home away from my kids, and having to learn to walk without a hip. They still refused to give me another hip replacement because they say it is too high risk so they referred me to Vanderbilt who wasn't in my network so they referred me to OrthoCarolina which is four and a half hours away from where I live so right now I am in the middle of waiting on having a ride out there so that I can see if all can actually live a normal life again! When I have to use a cart in the grocery store people stare because I know they think that I am too young and nothing is wrong with me because they can't see that I don't have a hip. Anyway, it was just kind of nice hearing stories similar to mine even though I hate that you guys had to go through similar situations! 💜 Wishing the best to all of you! 💕
@@kellywhitt9147 oh honey… this breaks my heart…
Recovering attorney here and this is a very good summary of the life cycle of a typical slip and fall case. I am so sorry you had to go through all that to not even be made whole-ish. It's incredibly frustrating that the American tort system is what we have instead of free public health care. All patients must pay their own way unless they can prove their illness is someone else's fault. Business interests have always worked to shift the burdens of their negative externalities onto the injured. The Lochner era still haunts us. Don't get me started on "tort reform."
It's definitely working against the little person and made to break them down even more, to lose money, their health and even life, disgusting to see.
Ugh well said. Another reason for free (at point of service) public healthcare. This shouldn’t be complicated. A fellow citizen is hurt in a way that medicine can help, so of course we should help. Worst care scenario, we never get seriously or gravely injured and we did the moral thing “for no reason.” Wtf America.
I am so grateful that I am German. I was born with a genetic disorder and am basically unable to do anything myself at 30.
German health care is free.
It's not really free!, You pay higher taxes.
@@eilenekellogg7017 Eilene… everyone knows that. Your employer effectively “taxes” you for your healthcare plan. The US spends 17% of its GDP on healthcare. Sweden spends 12%.
You're lucky it resolved so quickly... I wish everyone could get proper justice quickly.
My case against a driver that fractured my spine took 7 years to complete..., in the UK... and the condescending attitude of the other side's legal team has given me a long term hatred of the legal profession, professional liars all of them!
Luckily I'm still able to walk etc, but I've been on strong pain medication for 27 years now ☹
It's no better in the US my wife's disability case lasted through three trials and eight and a half years and she was still denied until it went to Nationals
That’s awful, so sorry. I’m glad you’re mobile, but I’m sure it’s a daily decision to keep on keeping on.
Hope the NHS haven't booted you off the meds yet they kicked my mate off his Zomorph 50mg a day cold turkey and only gave him some codeine to replace it which didn't even touch the sides. Total clown show
I am often quick to anger when I hear about an injustice like this, and while I am furious on your behalf at this restaurant, my overwhelming reaction is heartbreak at the additional year you had to wait to get fitted for a prosthetic. The pain of that fall and the setback in your healing strikes me to the core and I am so sorry you went through that
It took 7 years to settle my brothers case, he had a severe head injury, he eventually settled without going to court. The lawyers for the opposition tried everything from saying he was drunk, private investigators spying on him, and denying his injury was permanent. It's a tough thing to go through and I'm glad you can move on with your life now that the legal stuff is over.
I admire your integrity in all this. You could have made this a smear campaign against the people who treated you horribly, but instead you took the high road. You are quite the incredible woman.
what moral high ground is there to be gained by letting others be ignorant about the horribleness of people? virtuousity doesn’t exist in a vacuum
@@paradoxica424 The issue here is not the moral high ground. The take away here is when you treat people poorly, there are consequences.
Thanks so much for sharing this. I’m in a pre-litigation situation with my employer for discrimination, whistleblowing retaliation, etc.), and it’s been enormously stressful. I get chest pains all the time, migraines, all sorts of health repercussions from the stress and trauma they’ve caused me over 5+ years of their bs. We’re not even at the lawsuit stage, but have filed a tort claim notice and a BOLI complaint, and that alone was started over a year ago. Big companies have such an unfair advantage in our legal system, financially and in other ways. My employer has tried every tactic to drag this out, fabricate and collude, gaslight me, and so on. I’ve been deeply insulted by them more times than I can count. I’m still waiting to see if I can get a settlement without having to go into litigation (depositions, a trial). That’s an important point you made about the value of being likable in a trial situation. That’s something I’ve worried about because I’m not sure how likable I might come across to some people.
I heard “happy fall” at the end of the video and it really startled a laugh out of me because I forgot for a second it’s common to call autumn that in America.
I’m glad you’re doing okay after all this, and I hope you are able to move forward happy and healthy
Startled me a lot, and I'm American!
Omg yeah and with the context of the video! 😂 I could see how that could confuse lol
.
@@allyrose6437 ed
This is even funnier bc of your username "Vabulous puns" indeed.
Omg I have commented on a couple of your videos in like 5 mins. I am embarking on a legal suit and I can't explain to you how much it means to me to have a person explaining the mental health part of it. I am literally in tears cause I don't really like to talk about this but it's very hard to see your life beyond an amputation let alone having to go through 8 surgeries in 2 years and what it leaves you.
As someone with autoimmune, and someone who has supported my loved ones through very painful court cases, I majorly respect your decision to preserve your emotional and physical energy. Protect your energy it is beautiful❤️
In my opinion, even if it was the business owner that had to pay, you did the right thing as they clearly ingored safety protocols. Much cheaper to clean your floors than pay medical bills. ^^
Might add though that the prospect of medical bills is a whole another crazy thing according to me who lives in Sweden with tax funded health care.
It's incredible how much money flow into the american systems and yet basic healthcare aren't even covered and anybody can go bankrupt just because of an accident (and accidents are frequent as hell in the United States! Especially with their cars infrastructures!)
Nobody should be left in total pain and completely disabled because they can't afford a surgery, especially in the "best country in the world", as they pretend it to be! As a canadian I know how helpful a public healthcare system can be.
I feel ya on the whole "rescinding blame" thing. I ended up passing out at home because I had gotten heat exhaustion (later learned it was heat stroke and work was trying to downplay it) at my job; I threw packages during the summer and the building's exhaust fans weren't working, temperatures were around 80-90 and I was on the top floor of the building.
When I collapsed, my mother called my work and my boss told her "don't worry about the money. Take her to the hospital". To note: I drank tons of water and rested as soon as I got home from work after the heat stroke. When I got to the hospital, the doctor informed me that I "should have been there yesterday" (verbatim). Both my salt levels and fluids were egregiously low. I stayed in the hospital for about 6 hours, then was sent home with instructions to rest and "hydrate aggressively" for rhe next 3 days.
When my old employer's HR and my boss finally got back to me, a week before I left, they informed me they wouldn't cover the costs since "there is no proof that me having to go to the hospital was their fault". Since I left work to rest at home (left my car at work and my mother drove me home btw), it wasn't their fault
Edit: the "wasn't their fault" was about how I was at home so it could've been that I didn't hydrate enough and didn't cool myself down enough. Basically, they made it so I didn't have a case by sending me home instead of sending me to the hospital. I was too out of my mind from the heat to make decisions
Maybe send a tip to Occupational Health and Safety. Pretty sure in my jurisdiction frequent water breaks are required for physical labour over certain temperatures.
@@jamesphillips2285 it's been a while since I worked there. About 2 years now. I'm still a bit irritated by it and I'm still paying the hospital for it. But since they do offer water/Gatorade, they are technically in the clear. They pressure you to continue working without a break, but they "insist that you take care of yourself while working". They walk a fine line, and unfortunately they can get away with it
Having done HR work in my former job, it is extremely common for bosses to find ways to get out of paying workers comp. Usually they also trash the employee and make them out to be idiots, when equipment and the like is not maintained, etc. saw a coworker who sustained a serious head injury that this happened to. Sometimes I wonder if filing a report with OSHA would be helpful or not.
I'm a disabled veteran and I'm currently dealing with moving forward with my life. You're an inspiration!
The legal justice system disregards those with disabilities in many ways. From not being seen as able to speak for themselves even when they can, to not even being asked taking the word of a third party such as a care giver and the other parties involved being favored.
Yep, another way That I heard of was that often when a Disabled person is Murdered the Murderer will often he given a Lighter Sentence then a person who Murdered a Able-bodied and Neurotypical (someone without any Mental Health conditions) person, even when all other factors are Eliminated.
@@lucyla9947 it's true and its generally by family/caregivers. Anytime it appears in media also there is never any mention of who was murdered but making right and reasonable what the murderer did. Recently the excuse has been "over worker/underpaid/ stressed by the pandemic." If you are interested look for the website for disability day of mourning that we as disabled mark as a day of remembrance for such cases.
@@DesAMowadeng yeah, I've already heard about that site, honestly the whole thing is just like why? Why pretend like the Murder of a Disabled person isn't a big deal, even sympathize with the Killer, when if someone did that regarding a non disabled victim it would be seen as a horrible thing to do or say?
@@DesAMowadeng if anything people should care more about the Murder of Disabled people as they are some of the Most vulnerable people on the Planet (Alongside Children, the Elderly, and Pregnant people) so we should put more effort into protecting them, as let's be honest if a person goes to shoot you a Amputee will have a harder problem getting out of that situation than an Able-bodied person, and a Mentally Disabled person may struggle to understand the severity of the situation, or even just become unable to do anything do to conditions such as Anxiety.
@@lucyla9947 because those with disabilities are seen as less than and as things that should be hidden and forgotten. We also must realize these people who are murdered at the hands of care givers/parents the reason for the glorification is because the disabled person is deemed a burden. This is less likely to be the situation for someone who's developed a disability tragically or over time and more likely to be a person born with the disability such as limb loss/difference, birth defects such as my disability which is Spina bifida, more server froms of cerebral palsy, down down syndrome, or more severe forms of autism.
You, madam, are now on my list of heros. Aside from how you live your life, there's the courage to do what needs to be done, when it needs to be done. There's also the courage to say, "Enough." Thank you for being awesome!
I wish this woman was my life coach. I can't get my ass off the couch to hit the gym three times a week and she's out here making these incredibly positive videos about losing her fricking leg.
I'm very impressed, and honestly pretty inspired too.
Uhmm, you might want to check out her video “Phrases I Never Want To Hear Again”.
Most people with a disability don’t enjoy being “reduced” to being someone’s inspiration for their every day problems - even if they mean well, which I’m sure you do.
@@alchemyofcolorandstyle Well fuck, she's a goddam content creator marketing her personality and story. She'll just have to deal with me being impressed by (and frankly kinda jealous of) her attitude.
I'm just really sorry the legal system did not protect you in a situation it should have. I'm glad this chapter is over for you. Wish you all the best, I really love listening to your videos :)
Having worked for Pizza Hut for 10 years in various positions I can say that any restaurant that has any sort of cooking oil or aerosol based non stick spray will have greasy floors if they don't keep up with them. We kept up with the floors using as hot of water as we could get out of our water heater (commercial one and could make hotter water than residential ones) combined with heavy degreaser and bleach at the end of each night. It takes work to do but it is something the health department can mark against you for if you don't maintain them properly. Personally I find that restaurants that don't bother to clean the floors likely are not doing the other things they should be to keep things clean properly.
Unfortunately in cases like this as well as disability cases it is up to the person to prove everything. I'm not really surprised that the things the insurance company pulled in trying to keep from paying out to you. My experience with the disability system was more of dealing with either incompetent people or ones trying to sabotage by application. I spent 6 months dealing with them on the local level and they couldn't seem to get all the information from my doctors on each of the appeals. It took going before a judge to finally get disability but took 3 months to get a hearing date which was 2 years out due to the backlog of cases.
As a lawyer, I loved listening to your story. I don't practice this type of law (zero experience with depositions) but you have made many points that may apply broadly. In the Canadian context, we have law reform commissions and I have worked with others to propose changes/ amendments/ improvements to the system. Hopefully the folks in your state are hearing your story to help things. I have met clients who are the victims of bad legal advice and they do not want to share their experiences (many for reasons that you have mentioned). Thank you for having the courage to tell your story and for sharing!
Thank you, as a business owner that stives for safety. It was sad and soul busting to hear your story. At the same time I would ask your permission to share this video with employees so it becomes a more personal for them.
As soon as you mentioned Fibromyalgia, I just knew that they also tried to use that against you as well. It gets a bad wrap in the medical community generally speaking, and I'd assume it's worse in the legal system.
I don't have it but I know 3 people who suffer from it. So many people don't want to believe it exists. Just like endometriosis.
@@lorifiedler13 It's the same thing with interstitial cystitis, which is more painful than anything else I've experienced. Yet I can't get help 😵
@@HiKingMargo But, according to medical professionals, of all genders, women don't experience pain or are lying about it for drugs. It's 2022. How much longer will women have to wait before we are believed when it comes to our bodies.?
@@HiKingMargo no joke! IC is HORRIBLE pain! Right under the pain of brain swelling where I thought I was going to die and above the pain of multiple pelvic surgeries. The things that have helped me the most is a 100% organic diet with nothing acidic or bitter in the least bit. Sure it's expensive, sure it's bland. But better than burning out the sciatic nerve and peeing blood. Also smoking marijuana helps me with the pain. Not eating it though and no vaping cuz that irritates it too. Best of luck to you!
@@lorifiedler13 Considering the disproportionate funding for men versus women studies, I'd say it's going to be a while.
Oh this is my biggest fear. I am a total mess on crutches- throw in ANYTHING unstable and I would be in the same position. I had a horrible fall in a large store bathroom while I was pregnant. (Before amputation) they did the same thing, agreed to pay any bills. I was able to move on with my life, praise God my baby was fine. This is extremely scary and I have questioned what the process looks like. Again, another incredible resource video for many many people. Thank you!
Me too! I’m so scared of this. What do you use other than crutches?
@@prisayisrike7910 I used a chair and knee scooter after my amputation. As well as a walker. I want 4 points of contact at all times! 😂
Thank Goodness Your baby is Ok! I hope y'all are doing well! I am terrified of this kind of thing!
@@kal.august.yippee yes thank you. I was like 7months! I know myself well enough now to not even attempt crutches knowing I can fall on 2 feet lol
Advice from my sister and brother who are lawyers will always tell their clients, if you get into an accident that is the fault of a company, do NOT post anything to social media.
the companies lawyers will use that against you to shut down your case. They will try to find any demoralizing or other embarrassing comments or post to judge your character.
Also, my sister and brother who ARE lawyers said, that an experienced lawyer would not allow the questioning of past life as it holds no barrings to the condition at hand.
Your previous years of life like kinder garden or high school should have not been asked, says my sister and brother who are both criminal lawyers.
I come from a family who are police officers and lawyers and my oldest sister is a cardiovascular surgeon.
My brother and sister both said it was good you immediately took pictures, because the company will find ways to clean then deny anything happened.
Also, always call the police to take a report and make sure you seek medical attention, because their lawyers will ask why you didnt get transported to the hospital.
Then they will tell the judge that everything is find since you never went in an ambulance since you got injured.
Also ANY good lawyer as my sister points out, would object the person trying to teach you about prosthetics or medical advice if they have no medical knowledge or experience,
or hold any AMA license in the medical field.
My brother also responded with "I would have said this in the mediation".
"Objection sir, do you hold any USMLE AMA license within this state.?"... "Are you medically board certified?" "If no then I object that you are giving my client advice on medical procedures,
without proper licensing or training within the medical field, if you have no personal experience, knowledge or education within the medical field....."
The judge would have no choice but to accept the objection and shut up. lol
Both my sister and brother said they would have had a field day in that room. mind you, again both of them are criminal lawyers.... and they watched your video & describing
the faults and what they would do. to the point that 5 other of my siblings who are police officers are agreeing with my sister and brother. My mom is face palming.
As she is a retired lawyer also.
You spoke so well telling all the issues with the law suit. I just want you and your hubby to enjoy your lives!! Youvhave been through too much already. Prayers and Peace
Do not post anything to social media for the next three years? If that's really the standard then we're going to have a lot of people reading this comment and going wackjob nutso on people instead of taking them to court. I suggest you clarify.
My son was crossing the street when hit by a car his lawyer also told him not to go social media
@@DrewNorthup I feel like it's more don't post anything regarding the Incident, you can can still post your normal stuff, just don't post about the Incident until the Lawsuit is finished.
@@lucyla9947 Did you watch the video?
This company tried to hardcore screw you. You should tell us so we can boycott.
Causing injury, admitting it, then recanting puts the entire company in a bad light, not just the one location.
Agreed!
if not the restaurant, the insurance company for sure. I'd not want to do business with a company that can admit fault and then recant and take someone to court like that.
I'm telling you right now that it's every single fast food restaurant everywhere.
Someone used a grease mop to mop up a spilled drink or something in front of the counter.
This happens constantly.
When you're really unlucky it's an old person that falls (which the manager then gaslights the person who fell as saying that they were clumsy, and wet floor signs are usually left out all the time, even though it's Grease and not water). But most of the time it's someone young who manages to barely catch themselves.
And the reason why the employee doesn't notice is because the back of the house is so covered in grease that you are slipping all of the time and simply get used to it.
It is an absolute disaster, and why certain chain restaurants use carpeted floors that absorb the grease and look awful, but are much safer to walk on.
This type of negligence is maddening!
I was recently in a restaurant that had the slipperiest floor I ever seen. It was a hallway that led to their bathrooms. It was so bad and I watched person after person make an employee aware while I ate. When my daughter suddenly asked to use the restroom I thought I lucky to at least have overheard and had a heads up. It took every bit of balance to keep myself and my daughter upright, there was no going around it. It was literally the whole hallway. And then the bathroom was also slippery. It was all so dangerous. I also went over to voice my concern to an employee that it was dangerous and someone is going to get hurt. I couldn’t in good conscience not also say something. The employee just said they were aware and that there was nothing they could do because it’s just the way that floor is…it was just always like that. I kid you not…that’s what he said. They are eventually going to cause someone to become seriously injured. I think they thought that since they had the slippery floor sign out that it wouldn’t be their fault.
Then they would sue her seeing as they didn’t admit fault. They just paid her money to shut up. And it worked.
Isn’t the retired judge who is mediating supposed to impartial? Why was he gaslighting you?
Lol that's not actual gaslighting. Try learning what it really is
@@liveandletlive9333 I understand what gaslighting is. He was acting like her real pain and difficulty getting a prosthetic was just normal difficulties, not caused by the fall. Try not being a dick.
@@liveandletlive9333 lmao what a username.
@@liveandletlive9333 Here’s a definition for you taken directly from the American psychological Association (APA): “Gaslighting is a form of manipulation. It is an insidious and sometimes covert type of emotional abuse where the bully or abuser makes the target question their judgments and reality.” In layman‘s terms (bc I doubt you understood all the big words) Gaslighting is any attempt to piss on someone’s leg and tell them it’s raining. So you tell me Is trying to explain to an amputee the intricacies of amputation when they already know not in anyway and attempt to get them to question their competency or understanding of the current situation? Sounds to me that Maybe you’re the one that doesn’t do well with definitions love. 💀
@@dominiqueg1639 here here well said.
You’re so strong!! The questions that they can ask in these situations are absolutely ridiculous. Violating your basic privacy rights in my opinion. Being a 27 year old who has had 5 knee surgeries all from a work comp incident and now dealing with CRPS the system with getting properly compensated is absolutely ridiculous. Getting comments of “oh but you can go on a vacation” they don’t even see the struggle behind the smiles.
Jo I want you to know I love your videos! You are so open and honest. I find you very easy to listen to because you are such a good speaker. Thank you for sharing so much with us. I believe you made the right choice for you and that’s all that matters. We can’t control or change the way our bodies react to stress or stressful situations (it’s been said that meditation helps but my mind won’t/can’t do it). If we could, I think most of the autoimmune diseases/disorders would not exist. Stay on your path, you have a good partner it sounds like and he is there to support you. You are such a lovely, strong young woman, thank you for share some of your time with people on YT.
I’m glad that you are finally able to share this story. I find it so disgusting how an insurance company, who literally exists to answer for these situations, can basically bully you into settling for less than you deserve. Shame on them. Watching what you went through after the fall, just the stuff you shared publicly, it’s clear that this was a life altering accident.
Oh Jo, I am so outraged for you. I understand why you made the decision you did, but it's so incredibly frustrating when the legal process allows things to be so unfair. You were brave and endured so much through this, after all the medical trials you had already been through. Sending you so much peace and love, and hoping you can move forward with lightness. ❤️❤️❤️
I'm happy it was resolved. What is interesting to me is that you were on crutches. I am a recent amputee after a motorcycle incident and, in the UK, we are strongly discouraged from using crutches as falling onto your stump creates the problems you faced. I was issued with a wheelchair until they had prepared my limb and I had to go through intense physio and practice before they'd let me home with it. I watch your videos with great interest though, so please don't view this as a negative comment, You've been a great help!
I've been deposed once. It was like trying not to flinch while getting kicked in the crotch over and over. Hope you never have to go through that again!
I’m so sorry you had to go through this. I started following you because you are such a positive light. My son was hit on his motorcycle by someone who turned into him making an illegal u-turn and had to have an emergency below knee amputation. You are so strong❤️
I'm so sorry you had to go through this. I was in a car accident when I was 18 that went similarly. I didn't lose a limb, but my leg hasn't been the same since. My knee is agony if I push myself too much. That's ignoring the mental trauma. For a long time after the accident I was scared of going around corners in a vehicle - I could FEEL it tipping over, and see the ground coming up to me. I still don't remember all of what happened immediately after the car flipped, like how I got out of the vehicle. It's completely blanked from my memory.
It happened while I was on holiday. I had to come home early. I was lucky I had travel insurance, which covered the change in flights and overseas medical bills. For four years I was stuck in a legal nightmare, having to be questioned continually about why I continued my education afterwards, ALL of my medical and educational history, the fact I was now in a relationship. I'm still walking and trying to keep fit so it's not impacted me, right? The injury healed, so it doesn't matter that "healed" doesn't mean "no longer painful".
Also like you, I was able to settle a few weeks before having to go to court. I was really scared of going to court. I was tired of having to give everyone my entire medical history, of having to take time away from college, work, exams to go to medical examinations arranged by the other party, sometimes even being given the wrong address and then being blamed for not turning up on time. They tried to lie through their teeth too, at first admitting liability then backtracking to say it was an unpredictable accident. I had to go and find weather records to prove that the ground had been wet that day, not dry as they were so adamant it was.
I hated the whole process. It sucked. I really wish you hadn't had to go through it. I hope no one ever does. It's such a violation of your privacy for something that is entirely not your fault.
Something about "I assume responsibility" does start sounding a lot like "no need to collect evidence then, right?". Maybe that was behind it.
Verbal confirmation means nothing. You need a written admission of guilt or photographic and physical evidence of the scene
I remember sitting before the judge for my social security. There was my lawyer, the judge, a transcriptionist, and an expert on vocation. Her job was to listen to my physical and mental issues and determine if I could get and maintain gainful employment. You know they said that I could live off of being a dog walker. Thank god I had scars all over my arm where I was attacked. I don't remember most of the questions I just found it interesting that was considered "gainful employment"...
I’d respond asking those nasty corporate lawyers if they’d feel comfortable at a dog walkers wage. (I’ve been one, I’m a vet tech now and still don’t make a livable wage for my city). I swear actual sociopaths love to become corp lawyers.
Same thing with me. I was told they felt that there was work out there for me somewhere. Maybe with limited training and physical requirements, but they couldn't come up with anything specific. Just that they believed in me.🙄
You have to get in front of a judge to get social security in the US? Seriously? Or was it an insurance claim? It sound bonkers to use a judge’s time for that but maybe I’m missing something. And you also had to bring a lawyer? Is that standard? It’s interesting to know how they do things in other countries. I got social security in Denmark (around $1600 a month after taxes because I’m married, would love to know what it is in other countries) and it had to be decided by a panel where there was a doctor, a transcriptionist, someone working in job vocation and a social worker.
@@mathildelonborg I was only 25 and it is standard in the US to deny a first claim for disability. Then it is an appeal and it is more effective to bring a lawyer
The "impartial" expert on vocation said I could work as a cleaning lady at a hotel (note I can barely make MY bed without it exacerbating my pain) or be a xerox copier (like that was even an actual job that wasn't lumped into something else) along with some other total BS archaic jobs, I cannot recall what they were but they were equally as jaw dropping...my lawyer asked if any company would be ok with me taking a break every 30ish minutes to bring down my pain levels so it didn't trigger seizures both of which would severely impact my ability to keep working not to mention me being a liability. They said no. Working in a call center was another gem which was just as ridiculous for various reason and also got a no when my lawyer called them out on it. I still lost my case...and the appeal process stretched so long I couldn't appeal the appeal because I hit the no longer eligible to receive SSDI thresh hold that no one ever mentions. That was back in 2014. I still am unable to work and my health has deteriorated further since then. So yeah they come up with some pretty interesting things that you "should" be able to do for "gainful employment".
Wow - you have fibromyalgia on top of everything (which is something I’ve had said to me before too) … I am so glad I’ve found your channel!
I have a multitude of chronic conditions and am currently fighting my own mental health issues. So thanks for being so candid - it’s helping.
“A lot of it comes down to if the jury likes you”
Well, I’m fucked, time to live in a bubble.
That's 90% of our legal system actually
That is what I was thinking during her comment.
Well room for all sorts of biases and isms negative affectly victims there
Trial by jury is a really fucked up system
Oh god, I cringed so hard when you described that fall! I'm so sorry. One of my briefest full time employments was at a restaurant that didn't properly degrease floors and I was terrified of passing through the kitchen as a fully able-bodied 26-year-old in freshly purchased hiking shoes because I could barely stay up. I don't know how the bakers and chefs didn't have catastrophic accidents using their industrial-sized dough machines and ovens on that surface. Between the state of the building, the fact that I wanted and was hired for part-time but worked 50+ hours every week, and a very abusive delivery driver who was protective over his self-assigned other tasks, I lasted about 5 weeks.
I am so very sorry for what you have had to go thru. From having to have your leg amputated to the horrors of litigation and the tough decisions you had to make. 22 years ago my husband's left foot and lower leg was run over by an idiot operating a construction. excavator with metal tracks who wasn't paying attention to where he was going. After trying to save his limb for 2 weeks he got a life threatening infection and had to have his leg amputated below the knee. The construction company he worked for pulled all sorts of things from hiding witnesses and machines to saying that my husband actually intentionally layed behind the excavator and it was HIS fault that he was run over. We went thru 12 years of litigation, won at each level. Won every appeal all the way to the Suppeme Court ( Worker's Comp only pays 50% of all future medical costs paid for your care to you which is ridiculous). After it was all over the company filed for bankruptcy and we got nothing! Our Judicial System is horrible and California's Court System is a JOKE! Victims are treated like criminals. It is dehumanizing. Change will NEVER happen because it Is controlled by our wonderful Republican Politicians who would rather fill their pockets with bribe money than work hard for the people that stupidly elected them based on their bs and lies. People really need to pay attention to who they elect and look behind the person before they vote to see what they really stand for. Our future depends on it!
I truly hope you are doing good now. My husband went back to work as a crane operator and retired 4 years ago. We also live on a small ranch and raise Registered Black Angus Cows. He is doing really goid and can run circles around most men with 2 legs. But, bottom line, when his prosthetic cones off at night he is a helpless as a child. It's been a real challenge for me. For better or worse, in sickness and health.you do what you have to do like chasing black cows in the middle of a stormy night when they have broken a fence and gotten out. Done that many times!
I'm glad that you are finally able to speak your truth.
Thank you so much 💜
lawsuits are always slow... and miserable. Thank you for sharing. My brother in law, lost his leg, another man was also hurt in the accident. The company offered a one time pay off, very generous, or lifetime medical treatment and also the latest legs and all needed for sports, like running and bicycling. It's 30 years later and he has that security. The other guy took the million dollar offer, and it's all gone. While obviously he would have liked some compensation for the misery of losing his leg, the full coverage of care and new legs and such, was the wise choice. It would be nice if he could have had BOTH, even some extra for their mistakes.
My only fear would be if the at company went out of business
Thank you so much for sharing this. Our situations are very different but your story resonates with me. I hit my head back in 2020 and my whole life was turned upside down. Insurance companies are awful and the legal system doesn’t seem to have a ability to help the people who really need it. It’s really unfair and demeaning the way they treat people. I am sorry you had to go through that battle on top of losing your leg. When healing should have been your only priority and focus. I am also sorry you clearly had to settle for less than you deserve. I know all to well what that feels like. But I think you made the right choice. Good for you putting yourself first! I can’t wait to watch more of your videos.
I want to say, "I am so sorry you had to go through such a storm." Thank you for sharing such a big piece of yourself. You are stronger than you know. Truly.❤️
There's a reason for accident attorneys. There are some shady ones and there are some very solid ones. Trials are often made as difficult as possible to get to just to deter further proceedings.
I know first hand that it's unrealistic to expect justice from our Justice System. It's not about what is just, fair, good or even right. It's about how knowledgeable and persuasive the attorneys are. I'm glad you were able to successfully navigate that nightmare and finally put it behind you.
True. That
This is why I hate our injustice system.
I’m glad you’re done with it and that weight is lifted!
I can't imagine the pain after the fall! Having another surgery, awful. I'm glad that you were able to get legal help!
All of this is traumatic. As a chronic migraine sufferers( my neurologist has me on amogovin) and a chronic pain sufferer it all takes so much to just move. I understand everything you went through and you did the best you could.
I remember when you first shared about the fall…. I was fearful that there were going to be some long term ramifications, in a variety of levels. Glad for you that you were able to come to resolution for your mental well-being as well as covering medical expenses.
Been there myself. Car accident that reinjured my neck and back.
I had to go through about 5 hours of deposition with the insurance company of the individual that caused the accident.
Really tests your patience to say the least.
I'm glad this is a chapter you can now close, I went through my own adventure through the legal system that was a 6 year long process (and still the longest on record in my county for the type of case it was) and finally ended 2 years ago. I wish nothing but positives for you going forward Jobi-wan Kenobi! 🥰
I’m so sorry the legal system didn’t work in your favor. I am getting ready for a court case in the upcoming weeks and this video actually gives me a sense of peace because it reinforces the idea that I can walk away from it. I don’t have to put myself through it. So again I’m sorry this worked out how it did but I do want to thank you for sharing
Um...shouldn't be embarrassed. The fact that the pain didn't make you pass out is a testament to your resilience. Hearing you say you feel on your newly amputated stump made me week in the knees and gave me chills. I thought it hurt when I vomitted less than 12 hours after waking up after having a 10 inch incision in my belly and thought I was going to rip out 25 staples, but I'll take that over what you must have experienced.
Well, I love that colour shirt on you... it really works well with your complexion. Also... hair is looking very healthy. You had a general glow about you in this video. It sucks that a company has kinda let you down. I would have hoped that at a minimum they would have covered the medical bills they caused! Hopefully, with it being over with you can continue to feel better. Give the doggos and the catos and the ratos lots of hugs!
As soon as you started explaining the legal battle ahead, my gut was YELLING No Jo! Losing your personal sanity is not worth it. Then, you said no to a jury trial - I was SO relieved!
Thanks for sharing this. Many people believe once wrongly damaged you just get compensation in the mail because its the right thing. 1. Most people can't afford to even get a lawyer. 2. The judge or jury may be having a bad day and just throw you under the bus just because they don't really like you. 3. Once you win (in most states)you get a judgement to collect the money and now have to try and collect. 4. Like you said, if you loose you are beyond financially ruined. 5. The Insurance company may just out gun your lawyer. 6. It can drag on forever and wear you down badly as you are financially hemorrhaging money the whole time. Its a daunting task to seek justice. The world is not just or fair, it only tries to give the pretense that it is.
I was run into by a bus, in the snow in Colorado Springs in 1997 head injury, back injury. Bus was owned by a hotel so I sued them. Got mis represented by the lawyer but settled for less than I should have. It’s been 27 yrs and I am ok but joining the disability club was not fun. Love your channel! You say things about disability that need to be said.
As if the trauma of the fall, and its impact, wasn't enough, you get traumatized by the process it takes to get the insurance company to accept their responsibility to pay for your medical care!
STAY STRONG!! I WAS BORN W/CP I HAVE HAD OVER 140 OPERATIONS AND ALTHOUGH MY LIFE WAS HARD IT HAS BEEN GREAT, I AM NOW 63 AND I AM HAVING TROUBLE WALKING DUE TO A BAD SURGERY IN 2011 AT MY AGE AMPUTATION AND OTHER MEDICAL PROBLEMS, I WISH I HAD BEEN STRONGER WHEN I WAS YOUNGER I WOULD LET THEM TAKE MY LEFT FOOT THEN. GOD BLESS AND I HOPE YOU KEEP ON KEEPING ON!! YOU ARE A WARRIOR!!