Should I seek a legal remedy for my Mom's accident?

I agree with others; attorneys likely wouldn't take a case like this, and there's another factor that existed several years ago in terms of accepting cases.    Your mother's records would be obtained and reviewed by a medical personnel who would opine on whether or not the care, provision of the walker, etc. was comparable to the standard of care for similar situations in your geographic area.   (That was the standard when I last worked for medmal firms; I'm assuming it still applies but really don't have the resources to research the issue.)

Some other questions that would be raised in consideration of taking the case:

1.    How has this accident affected her ability to walk?  Has it been compromised permanently, or has she recovered?   This aspect would help in assessing potential damages.

Is her arm healing?   Beyond pain and suffering, are there any permanent damages to her arms, or her legs or feet?

2.    Who provided the walker, and was this entity responsible?   If this was in rehab or other facility, read the admission papers very, very carefully.   It wouldn't surprise me if there's a hidden exculpatory clause relieving the facility of liability.

3.    Following on no. 2, if this was in a facility, it does have an obligation to ensure the equipment is safe.  How did the walker break and how was the wheel lost?  Did a nut or something come loose and the wheel slipped off?


I don't deny this is distressing; in fact it makes me angry to think that the walker apparently wasn't maintained.     But it hopefully hasn't created long term damage or injury.   

If there's a facility or company involved, I would raise it with them.  If they don't respond you can always play the social media game and state that you may consider posting on a site where others can read about the situation.   Don't threaten, just hint.

Or, and this is what I would do:   research the facility, company, owner, and any franchise if that's involved, then contact the head honchos and advise of your dissatisfaction, perhaps hinting that you'll feel obligated to share the information with other people in your mother's situation.     Company execs may be more attuned to the potential of bad publicity and may be more responsive.  

How is your mother handling this?    Is she in pain?  Healing well?    Has any mention been made of offsets of monthly rentals, etc.?   Did the facility pay for the medical expenses, or was that covered by her insurance?

If multiple attorneys have declined the case then that’s your answer-you don’t have a case & there’s nothing to pursue legally. If she’s in a facility & the facility provided the walker you could try filing a claim against their insurance. For but a minor incident like this, I’m pretty sure the attorneys turned you down because the cost to litigate this would exceed the amount your mom is awarded. It doesn’t make sense to pay the lawyers more than the injury settlement will be be. Fortunately your mother wasn’t seriously injured.

It seems a good case for a small settlement, medical expenses and pain and injury. However, the truth is that lawyers have a tremendous amount of work to do with any case like this. The small amount recovered doesn't make it worth their while. The maker of the equipment likely a large company with good laywers. It will be argued that it was balance, not a removable wheel falling off. It is simply not worth the lawyer's time. Two have told you so. It is certainly a righteous cause; it is just that the system won't allow this one to be easily or profitably done; I doubt any lawyer will take it.

Lawyers will not take cases that are not likely to bring the desired outcome--which is: you want to be compensated for the damage the walker company's 'negligence' caused.

Who provided the walker? I she in a facility? They are ultimately responsible for her fall, since it's up to them to keep equipment in safe operating order.

If that's the case, I'd check with them first and see what they may offer you. Maybe they will take responsibility--maybe not. Are you seeking financial remuneration to 'make you whole' as it were? Or just to teach someone a lesson.

I'm sorry for your mom, that must have been maddening and painful both. Adding a lawsuit to it may make you both more frustrated. IDK

Medmal lawsuits are a real pain. Lawyers know up front whether they have a 'good case' or not. They work on contingency and if they think you have a case that may not even net them their overhead, they will not take it. It's not about whether it's a case with merit, it's about the end payout.

When my DH developed a systemic infection post surgery after his liver transplant and nearly died due to the Dr. leaving a gauze pad in him---we certainly DID have a case.....but, we were so torn. This selfsame doctor had just saved his life with a transplant--a miracle in itself. We opted to not do anything, the emotional toll of what we'd been through and were still going through--to add legal wrangling to it wasn't worth it.

Take a beat----see how mom does and don't make any hasty decisions. If 2 lawyers have turned you down, that's a pretty good indications that you really don't have a 'winnable' case.

NOT that they're not at fault, just, not winnable. I'm sorry.