Injured while on an Excursion

[Biker19]

1 minute ago, blueridgemama said:

  I don't know why some people have to be so mean spirited on these forums. 

I thought the term was "toxic".

[Big_G]

14 hours ago, Aodhan said:

 

I understand your perspective.  I'm in health care and have been caregiver to numerous people injured in accidents and some involved in suits.  Please be assured, I'm not looking for legal advice: I'm looking for guidance to learn more about situations like this, what others have done, and where I can learn more beyond just the Google.  It seems that this community might have more first hand knowledge on these situations than just the sensational stuff I find with search engines. 🙂

 

No advice here just best wishes to your Mom.

[spookwife]

Wrt: legal recourse.  She doesn’t have a case.  Being startled is not something you can prove Ill intent outside of a haunted house.  And even those make you sign waivers.  It’s no different than being startled by an Amber Alert on your phone.  

 

wrt: loss of income.  That’s what long term health care insurance is for, and at her age she should already have it.  So should your father.  

[pcur]

9 minutes ago, spookwife said:

wrt: loss of income.  That’s what long term health care insurance is for, and at her age she should already have it.  So should your father.  

 

And, if they don't?  Do you have anything constructive to suggest?

[pcur]

14 hours ago, Aodhan said:

 

 

You're actually quite hostile.  I don't need any more input from you, but feel free to vent your spleen as you need if it helps you.

 

jc is sarcastic, but not really hostile.  He should use the "sarcasm" font....

[pcur]

13 hours ago, Aodhan said:

 

That is the language of a jerk.  Not someone being realistic.  You think you're being realistic, except using realistic rationale but confrontational language is hostile, not "realistic".  

 

It just that you think that smart mouthed upfront "blunt" talk is actually helpful.   Good luck on your next fall - I'm rooting for you.

 

 

 

Methinks someone needs to look up the definition of "hostile", and see if the shoe fits or not.

[spookwife]

23 minutes ago, pcur said:

 

And, if they don't?  Do you have anything constructive to suggest?

Hind sight is 20/20.  That was my constructive advice.  There’s always the possibility they had forgotten they had it, or what it could do for them.  

 

at their age, it should have already been in place.  Hell, I have it since should anything happen to my primary caregiver, I will be required to move into assisted living.  And I am only 52.  My primary care giver also has insurance that continues his income for a period of time should he be unable to work due to illness or injury.  

[HBE4]

30 minutes ago, pcur said:

 

jc is sarcastic, but not really hostile.  He should use the "sarcasm" font....

 

As someone who is sarcastic himself, I need to find the sarcasm font. I've learned from experience that sarcasm does not always translate well into the written word, especially on an anonymous message board with strangers.

 

It's fine when dealing with posters that have already established a rapport with, but the "realist" will know to dial it back when dealing with a newcomers who seem to be honestly seeking advice.

[HBE4]

1 hour ago, Biker19 said:

1 hour ago, blueridgemama said:

  I don't know why some people have to be so mean spirited on these forums. 

I thought the term was "toxic".

 

I thought the term was "snarky"

[rt1092]

15 hours ago, Aodhan said:

 

I'm in healthcare (chiropractic (whatever folks think of that 🙂 )), but some of what is dealt with in liability is the concept of respondeat superior, and responsible parties can't sign assign their ultimate responsibility to another party.   While we had a contract with the tour operator, we also had one with RCC.    It may completely be as you say - the understanding of which is the purpose of all these posts! 

 

Thanks for your thoughts and best wishes!

It seems you are leaning towards a lawyer. That is your decision.

The best advise someone can give you is to make sure nothing comes out of your pocket. Have them take it on a contingent only basis. Don't let them use your money even if they promise huge rewards in the end.

[pcur]

1 hour ago, spookwife said:

Hind sight is 20/20.  That was my constructive advice.  There’s always the possibility they had forgotten they had it, or what it could do for them.  

 

at their age, it should have already been in place.  Hell, I have it since should anything happen to my primary caregiver, I will be required to move into assisted living.  And I am only 52.  My primary care giver also has insurance that continues his income for a period of time should he be unable to work due to illness or injury.  

 

Hind sight is not constructive: it just chastises the person for not doing something you think they should have done, and it doesn't help.  Premiums at the age of the OP's parents are exorbitantly expensive, and not a good option.  Senior outreaches, A&A benefits, disability benefits:  those are the true helpful suggestions. 

[pcur]

1 hour ago, HBE4 said:

 

As someone who is sarcastic himself, I need to find the sarcasm font. I've learned from experience that sarcasm does not always translate well into the written word, especially on an anonymous message board with strangers.

 

It's fine when dealing with posters that have already established a rapport with, but the "realist" will know to dial it back when dealing with a newcomers who seem to be honestly seeking advice.

 

Personally, I like sarcasm; I think it's usually self-deprecating and humorous.  My husband is huge on sarcasm.  To the point that I sometimes tell him I don't need "it or snarky" right now!

[AlanF65]

Do they have long term care insurance?

 

If they own their home what about a reverse mortgage to help pay for a caregiver?

 

Do they have whole life they can draw against?

 

The problem with lawsuits is they drag out over time, at best it may be two years for a result, then there is collections and or payment. So the next two to three years are out of pocket.

 

At the very least you need to be moving down two paths and tracking expenses that wouldn't or may not have been there.

 

The other consideration is the amount of time and energy it takes to document a lawsuit and continue in the process.

 

Hopefully someone coming in a few hours a day can pick up the slack for what your mother can't do and the kids can help here and there.

 

Hope she feels better

Best of luck.

 

 

 

 

[mayleeman]

Advice in hiindsight may act as a caution to others wgo can then be more aware of future risks.

 

 

[Starry Eyes]

I am glad the OP explained a bit about the accident.  I can understand how the elderly mother may feel the tour guide distracted her at an inopportune moment, but I rather doubt she can prove malice or recklessness or such.  Having agreed she was fit for such climbs and having signed waivers, were she my relative, I would not be wasting my energy hoping for any substantial recovery from the tour operator and certainly not from the cruiseline, which is far more insulated from responsibility (does the OP really think the cruiseline should regulate the exact moments at which a tour operator may speak to a guest?!?)

 

Sadly, any life can be altered by an accident or illness at any time. The OP’s parent’s situation was a highly vulnerable one; that something tipped the situation in a new direction is doubtlessly upsetting to the family, but not so shocking to a more distant observer.  Such situations are the times when long term care insurance or other aid programs or large savings accounts or helpful family/friends etc come in so handy.  Maybe a lawyer will help the OP; or maybe that time should be dedicated to the parents themselves.  I do wish the best for the OP and his parents.

[CapeGal]

5 hours ago, pcur said:

 

And, if they don't?  Do you have anything constructive to suggest?

Have you ever tried to get long term care?? If you have and were lucky enough to get it, consider yourself blessed. It is NOT easy and it is very hard to find and qualify for it. So don't assume they didn't try.

[Big_G]

3 hours ago, rt1092 said:

It seems you are leaning towards a lawyer. That is your decision.

The best advise someone can give you is to make sure nothing comes out of your pocket. Have them take it on a contingent only basis. Don't let them use your money even if they promise huge rewards in the end.

 

Good advice. Where  were you 59 comments ago. We could have ended it there.

[BND]

19 hours ago, Aodhan said:

 

Not really.  What makes it either passive, or aggressive? Because I announced it rather than just silently left?  The guidelines say that if you're going to post, engage.  I came for some opinions and I got some.  They were all very good.  Most were very caring.  One person was a jerk.   Not a bad mix. 

 

If you look back through most of the posts they were fairly realistic, but none seemed informed with any knowledge with any real circumstances other than personal feelings.  Ultimately I was informed that I likely wasn't going to find what I was looking for, which was opinions from all sides of the cruise experience, including being people being injured.  

 

This thread isn't deleted, if that poster is wrong and there are people who actually have experienced injury and needed to deal with situations like I have and have something to say, I'm sure I'll be notified and I will check. 

 

Otherwise, I just don't need even a few posts like xpcdoojk's to deal with and those right there are enough for me to say "thank you" and depart.   Nothing about my not wanting to deal with posts like theirs, and leaving, means I'm passive aggressive - it just means I made a mistake about what I was doing and asking. 

 

 

Saying you hope someone has the "opportunity" to sue someone soon is passive aggressive.  I know you don't like the answers you have gotten, but there's a reason people have insurance and as others have said I doubt the tour operator had any intent to injure her.  You are basically asking for legal advice on a cruise forum. I would suggest you actually talk to a lawyer.  They'll provide the reality of the situation.  And, yes, good lawyers will turn down cases they know they can't win and explain why.

[fredflint]

https://www.lipcon.com/blog/miami-herald-speaks-attorney-garcell-regarding-royal-caribbean-bus-crash-case/

 

https://www.cruiselawnews.com/articles/excursions/

 

https://www.sun-sentinel.com/business/fl-bz-shore-excursion-safety-20171220-story.html

 

 

I have yet to find any lawsuit results.  I am going to ask an attorney who may have access to a legal database.

 

There does seem to be a history in Jamaica of crashes but still you would be fighting an uphill battle for sure.

 

[pcur]

3 hours ago, CapeGal said:

Have you ever tried to get long term care?? If you have and were lucky enough to get it, consider yourself blessed. It is NOT easy and it is very hard to find and qualify for it. So don't assume they didn't try.

 

Please read my post #61.  I think you misunderstood my meaning.

[CapeGal]

7 minutes ago, pcur said:

 

Please read my post #61.  I think you misunderstood my meaning.

I'm sorry. My comment was not to you but the comment you highlighted.

[forgotmyCCname]

On 3/7/2019 at 10:16 PM, ONECRUISER said:

The Michael Avenatti, of Cruise Lawyers

You just won the internet😂

[BigHouseFootball]

Find yourself a good lawyer and let them do their thing!

[vacationlover_mn]

On 3/7/2019 at 8:55 PM, kalliekae said:

I'm just curious if the injury occurred at Dunn River Falls. I was injured there and ended up in a wheel chair for the rest of the cruise because I tore ligaments in my foot. We were required by the tour operator to hold hands while climbing the falls and one man fell pulling me down on the rocks. I remember that the excursion specifically stated that you do this at your own risk. It never occurred to me to go after the cruise line or the tour operator. I was just sorry I went on the excursion and it was a lesson learned to be more diligent in picking excursions. However, I was not disabled as your relative appears to be. I don't think you'll be able to find an attorney to take on this case, but please come back and let us know what happens. I am sorry for the pain your relative has suffered.

 

 

That Dunn River Falls tour is so dangerous!  Glad I did it once, but won’t do it again.  HATED the hand holding thing... Sorry to hear about your accident 😞

[vacationlover_mn]

18 hours ago, Big_G said:

 

No advice here just best wishes to your Mom.

This!