# 1.2 million inaccurate for this lawsuit?



## wainscottbl (Oct 12, 2016)

An employer known for not replacing faulty equipment, etc. finds themselves sued after than employee dies on clearly old ladder while working. The investigation shows that the ladder did not fall, but fell apart. They naturally settle, as most lawsuits do, for 1.2 million dollars. Too much for such a wrongful death suit? TIA.


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## Grub-r (Oct 12, 2016)

It's not implausible. Especially in this day and age. If people can get huge settlements because they were burn by coffee because - surprise, it was hot, then I'd believe almost anything.

I think the only way you are going to get that high of an amount is by proving obvious or malicious neglect by that part of the company. You said the ladder was old. Well old ladders tend to fall apart. Normal workman's comp to me. However, if there is a string of evidence proving that workers complained of the old equipment and these complaints were received and ignored, or worse, the company issued orders to not replace them to save money and make the workers use them anyway, then you could conceivably get that amount of money.

This is all just speculation as to what sounds believable and not based on any research or prior knowledge on my part.


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## aj47 (Oct 12, 2016)

Generally, large awards are based on something.  The company's revenue from X activity for time period Y for example. Or Z times the cost of replacement equipment. The infamous hot coffee award was the estimated McDonalds' coffee revenue (not profit) from three days of worldwide coffee sales, for example.


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## wainscottbl (Oct 12, 2016)

Grub-r said:


> It's not implausible. Especially in this day and age. If people can get huge settlements because they were burn by coffee because - surprise, it was hot, then I'd believe almost anything.
> 
> I think the only way you are going to get that high of an amount is by proving obvious or malicious neglect by that part of the company. You said the ladder was old. Well old ladders tend to fall apart. Normal workman's comp to me. However, if there is a string of evidence proving that workers complained of the old equipment and these complaints were received and ignored, or worse, the company issued orders to not replace them to save money and make the workers use them anyway, then you could conceivably get that amount of money.
> 
> This is all just speculation as to what sounds believable and not based on any research or prior knowledge on my part.



Yeah, the company has a history of cutting corners. it's not the ladder. It's the fact that the company didn't replace it. The character did try to sue the ladder company, but that was thrown right out for obvious reasons. One likes to be accurate. I think the not replacing equipment makes it plausible and if there is a history of injuries higher than average for the type of work done in their field, it does give evidence of the company's not being so concerned with their worker's safety to save money. There are companies like this. I can lower the number and still allow in the hundred thousand range to be the rewarded amount. Insurance covers such lawsuits for a company, and if the lawsuit is legit and goes too court, it's usually settled, but how much is the question. Depends on how negligent the company was.I'll have to try to work that in. It's more of an incidental thing to explain the family's financial amount. 1.2 million allows the two sons to go to college without a problem--or not go at all. I think I have to lower it anyway! Part of the story is the son, grown now, some years after, working at Walmart as a cashier, and being bitter about his job--more in the "I'm better than this. How dare I be treated like this. I deserve more. And I work with all these stupid people. And those retards greeting at the door. I should not be working with such people. I have a 150 IQ, and I have to work with these people and they won't promote me to manager." There are people like that. But if he had 1.2 million who cares if he goes to MIT and gets a high paying government job or not? Having a 30k making girlfriend and still working there, bitching about it, that's understandable. There are people that are like that. A guy with a good job who has a wage job. Besides, 30k can be not so much. Of course, you can go through a million dollars quicker than you think:

1) say three nice cars
2) a very nice house
3) medical bills (the mother now has brain cancer) 
4) some more vanity luxury items. 

1,000,000 - y = x


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## Ptolemy (Oct 15, 2016)

wainscottbl said:


> Yeah, the company has a history of cutting corners. it's not the ladder. It's the fact that the company didn't replace it. The character did try to sue the ladder company, but that was thrown right out for obvious reasons. One likes to be accurate. I think the not replacing equipment makes it plausible and if there is a history of injuries higher than average for the type of work done in their field, it does give evidence of the company's not being so concerned with their worker's safety to save money. There are companies like this. I can lower the number and still allow in the hundred thousand range to be the rewarded amount. Insurance covers such lawsuits for a company, and if the lawsuit is legit and goes too court, it's usually settled, but how much is the question. Depends on how negligent the company was.I'll have to try to work that in. It's more of an incidental thing to explain the family's financial amount. 1.2 million allows the two sons to go to college without a problem--or not go at all. I think I have to lower it anyway! Part of the story is the son, grown now, some years after, working at Walmart as a cashier, and being bitter about his job--more in the "I'm better than this. How dare I be treated like this. I deserve more. And I work with all these stupid people. And those retards greeting at the door. I should not be working with such people. I have a 150 IQ, and I have to work with these people and they won't promote me to manager." There are people like that. But if he had 1.2 million who cares if he goes to MIT and gets a high paying government job or not? Having a 30k making girlfriend and still working there, bitching about it, that's understandable. There are people that are like that. A guy with a good job who has a wage job. Besides, 30k can be not so much. Of course, you can go through a million dollars quicker than you think:
> 
> 1) say three nice cars
> 2) a very nice house
> ...



Sounds like a hella complicated plot, but in general there would need to be some serious malicious intent of the company wanting to kill that employee for it pass 700k, also they would need to pay lawyer/court fees (around 1/3rd of the winnings) leaving them with what 800k in the extreme circumstances? And a mother with brain cancer? I recently had a pretty big surgery that would have cost me around 500k if it wasn't for some pretty damn awesome medical insurance. (cost around 2.5k yay me.) The surgery I had was no where close to the amount of seriousness of flipping brain cancer. They would be out of money within a couple months if they choose to fight the cancer, (pretty sure all brain cancers are fatal I may be wrong) 

That's not to mention im pretty sure there would be no money left in the college fund, ok say they spend 600k-700k on brain surgery/treatments (this is the big variable here, depending on insurance), 400k on lawyer bills, that leaves them with 200k-100k, I would guess there would be 2 funerals (sorry but my money is that the mother would die of her brain cancer) which could be upwards of 25-50k leaving 150k-50k, a full ride for a four year would be easily over 100k and that's for 1 son. So it depends, it's all about the variables, and also it depends on if they even get 1.2 million.


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