a tale of tails, tenacity, and tedium, as told by me, usually barefoot and bellowing

Thursday, February 12, 2015

Lawyer With Humor and Medical Update

My youngest daughter is now into her third month of healing after seven surgeries, a skin graft, and in home wound care.  She is still here with her six year old son, Z.

Today's visit to doctor was not what we wanted to hear...the bone may never heal.  On the bright side all the screws and wires are holding her bone together. Doc said the bone would not crumble so Maria can begin to test the foot a little at a time.

The man who was responsible for the accident did not have insurance.  It's true.  He didn't and there's nothing that can be done to help Maria with her lost car, lost wages and for right now, lost ability to walk.

You know what trouble I get into when I start thinking, well, I thought anyway.  I came up with a brilliant idea to show him as an unlawful and unsafe person. I compiled a letter to the editor for local newspapers.

That letter was some of my best writing, I thought.  I crafted it carefully making sure only facts were used.  I spun a tale that would make a repo man cry and a lawbreaker run for high country.

I decided to send it to my lawyer first to make sure the letter was not slanderous.  He replied it was a good letter and by no means was it slanderous, HOWEVER, he would not advise me to send it to the papers.  Why? you ask.  Well, my lawyer knows me and he said the man would reply publicly and, knowing me, I would respond and on and on. The lawyer said he could see no benefits for me or my daughter by publishing this letter. Then he made my day by saying, "Gail, you can never win a pissing contest with a skunk."

28 comments:

Buttons Thoughts said...

Oh hugs this makes me sad. I do hope things work out for your daughter. It makes me mad that he is going to get away with this. I think your letter would be perfect but your lawyer is probably right (in his colourful way) Take care my friend. Hug B

LilliStJohn said...

I also think your letter would be worded perfectly and your lawyer is right - it could get nasty from the other fellow - one never knows people of no responsibility. Tell M to just take baby steps and very slowly. Allow the ankle to heal with little exercise, slowly over a period of time. Thinking about you all. lol , Lilly

Alex J. Cavanaugh said...

Very true.
So sorry her bone may never heal. Is your lawyer taking legal action, or is that like getting blood from a turnip?

21 Wits said...

Bravo, he is so right. But, I know after the smile from that comment leaves your face, you will still be stewing. Hopefully he got some sort of $$$ fine for not having insurance, (hoepfully he learned his lesson too) and the absolute main and most positive thing is Z still has his Mommy to kick his butt when necessary and love him daily, and you have your daughter to love. Win! Win, not all accidents turn out as such.

MadSnapper said...

i can't even imagine how frustrating this is for you and Maria and the rest of the family.. i am glad you listened to the lawyer, things like this can escalate and get even uglier that it already is. i pray now for her bone to heal and i do know that doctors do not know everything. glad she can start to try it a little..

Anonymous said...

Don't they have uninsured motorist coverage where you are?

OmaLindasOldeBaggsandStuftShirts said...

Oh spit. I would be of the same mind as you but the lawyer (drats to his sense) is probably right and I do appreciate his phraseology.

Linda Kay said...

Gail, I think I love your lawyer. He is probably right on about the benefit to be gained by publishing your feelings. But it certainly is maddening. Maybe you could put your energy into finding a way to get your daughter some financial assistance through the internet? I've seen it done before successfully, and she certainly has reason to pursue some assistance. Just sayin'. My heart goes out to both of you.

Bethany Carson said...

Sounds like a terrible situation. Hope your daughter has a surprisingly good recovery.

Marty said...

What a heart-breaking situation. And maddening. I hope writing that letter, even if it never is published, helped you in some way.

Sandy Livesay said...

Gail,

I so feel for you, your family, and your daughter. This accident has changed everything in your daughters life. Now she has to start all over again. Thank God she has her loving family to help.

Your attorney is right, and we all know skunks stink!

Sending hugs and love to you, and your family.
Sandy

ellen abbott said...

why is it only the uninsured cause wrecks?

Farm Girl said...

Wiser advice was never given. I am putting that in my quote book.
I am so sorry that it has been like that for you and your family. I hope it isn't too cold there. Hang in there Gail.

carolina nana said...

That Lawyer's comment is great I will have to remember that one. It sucks for people to get by with so much damage. In N.C. we can carry uninsured motorist protection on our policy. We do carry it as we have so many migrant workers in the county who have no insurance (and can't drive) !!!
It still sucks to have to pay the fees to protect yourself from law breakers.
I'm glad Maria is getting better and can start putting weight on her ankle. She is young so that is a good thing.
I pray for all of you as I remember what this ordeal is like.
Blessings and Prayers
Marilyn

Far Side of Fifty said...

Crap...on many levels. Your Lawyer is right. You should have a reading with all your friends there and then burn the letter. Doctors are sometimes wrong...I hope your daughter continues to heal and improve. You have done well taking care of her and your grand. :)

Far Side of Fifty said...

How about a personal injury lawsuit. Seems to be your only solution? :(

TexWisGirl said...

i'm glad he advised you against publishing that. there would be no good outcome from it - just much more stress.

Sketching with Dogs said...

What a horrible situation for Maria, she must feel so angry. I hope that driver is going to get some kind of punishment for what he did. He should go to prison for causing such a serious accident whilst not even insured. I am so sorry for your daughter.
Lynne x

Arkansas Patti said...

Sadly your lawyer is probably right and his manner of expressing that is brilliant. Those contests do nothing for either party but cause unsatisfying escalation. Perhaps he can advise you on taking legal action against the fellow. Even turnips have a speck of blood. The man needs to pay something--either in time or money.
It is scary news that the bone will never heal but hopefully in time with the aid of the pins and screws holding it in place,the muscles around it can become strong enough to make it stable.
I hope just writing the letter gave you some ease.

DFW said...

You've got a smart lawyer there. Did writing it at least help a bit? Hope your daughter continues to heal & can eventually walk. More prayers

Susan Kane said...

Then he made my day by saying, "Gail, you can never win a pissing contest with a skunk."
He is absolutely right.
It was probably therapeutic to write it. Can you deliver the letter by hand, with a photo of the car and your daughter's foot.

LindaG said...

Hopefully writing it helped. It is a great saying. He probably helped just by telling you that.

Sorry to hear the news was not helpful for Maria. Know any medicine women who heal? There is at least one here in South Louisiana, but I don't know how to find her. Locals near her swear by her and her prayers. No sacrilege intended.

*hugs* and God bless. ♥

Lori Skoog said...

It's a good thing that you can be there for your daughter. My husband was hit by a person with no insurance, pushed into the other lane and hit again by another car...
Because we had good insurance, the 2nd car that hit him got a boatload of insurance even tho it was not my husband's fault. Never easy. He ended up with surgery on his foot a year later...screws etc. I hope Maria will be walking soon.

Magaly Guerrero said...

I'm glad the metal is holding and Maria will be able to start putting a wee bit of weight on her foot. So sorry the bone won't heal; but all isn't lost, I have been living with some unhealed issues since 2001 or so, and the truth is that we, human souls, can get used to anything when we have to. I know it isn't anything anyone wants to hear, but I had wished someone would have said that to me when I was in my 20s and feeling miserable. So I'm saying here: it will all right. She'll get through this. Particularly because she has a mom who is a star.

About the skunk, I agree with your lawyer. You and your family don't need this kind of grief. The man obviously has no decency, if he had any, he would have already contacted you to say he was sorry and to help any way he could. I understand that he might not have any money, but if I had hurt someone and I was completely broke, I would spent every bit of free time I had trying to make it up to him or her. Heck, I would be doing dishes and cleaning the house. But some people are slime, you the only thing you can get from them is sticky and unwanted.

I keep you and yours in my prayers. I hope Maria's pain is not to harsh, and that when it is, the meds help. And you, my dear Gail, take care. You need your strength and your balance. ♥

P.S. I just dictated this, so I apologize for the gazillion typos I'm sure you'll find.

Anonymous said...

I truly feel for your daughter. When a surgeon messed up my ankle, I could do nothing but have Mayo revise it. I still have trouble understanding that the first surgeon got off blameless; I cannot.
Yes, nothing from nothing leaves nothing. If this guy has nothing, all you will get is a run around. I pray she heals, but ankles are so intricate.

Lynne said...

"You can never win a pissing contest with a skunk!"
Well said . . . . but it sure makes me crazy to think that that insured driver gets away with not at least trying to make things better. I hope he lost his license . . .
Just not right . . . how can we help in some way!

Lynne said...

Big time correction . . .
UNINSURED

Susan Anderson said...

I guess he's right, but I'm glad you wrote the letter anyway. I bet it helped get out some of the anger and frustration. So annoying.

Hoping she is able to get some walking done soon. We will keep her in our prayers.

=)

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