Injury from City Bus Door
Started by truckinmadam , Feb 11 2014 06:52 PM
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4 replies to this topic
Posted 11 February 2014 - 06:52 PM
In December, I was exiting my city bus on my way to my job. As I went to exit the bus, the driver closed the doors on me. I was half in the bus and half out of the bus. I tried to hold the doors open (thinking there was some kind of pressure sensor on it), but could not hold them open and I was stuck in the doors until the bus driver released them.
I got off the bus and proceeded brain injury attorney to my work. Throughout the day I started to suffer neck, shoulder and lower back pain. That night, I started having pain in my hip area that generated down to the upper part of my lower leg, just below my knee in the back. This has mostly been painful when I lay down. I waited two days and then went to urgent care as I was not getting any better. They prescribed pain medication and muscle relaxers, said that my sciatic nerve was probably pinched and told me to follow up with a doctor.
To make a long story short, I have since went to my doctor who has suggested physical therapy. I cannot work my schedule to take time off of work to see a therapist 2-3 times a week. I work 35 miles from my home (which is why I take the bus). I work downtown in Minneapolis and parking is horribly expensive (which is another reason I take the bus). I filed a claim with the bus company and have had contact with their insurance. They have reviewed the video taken of the incident and have stated that they are liable (no brainer). They offered me $400 plus $500 because it happened. I stated that I could not release total liability for that amount because I still continue to have pain every single night which wakes me several times a night (I use to sleep really well). I am also starting to have pain more and more during the day and while I am riding on the bus. I told them I wanted $2500 because of possible future medical bills and they flatly told me that my sciatic nerve was probably a pre-existing condition and that I was welcome to hire an attorney and that no court would ever place liability for that condition on them.
I am a reasonable person and don't think I was being unreasonable with my counter offer. I never had any problems until after that incident. Now I feel like I am being called a liar and it is making me angry. Do I have any kind of case if I hire an attorney on my behalf. I do have one lawyer who thinks I have a case, especially because everything is on video. This was in no-way my fault and am continuing to have pain because of this injury.
Posted Yesterday, 08:22 AM
They prescribed pain medication and muscle relaxers, said that my sciatic nerve was probably pinched and told me to follow up with a doctor.
"I cannot work my schedule to take time off of work to see a therapist 2-3 times a week."
I'm afraid you'll have to seek treatment if you expect to recover money from someone; it's called mitigation of damages.
"I work 35 miles from my home (which is why I take the bus). I work downtown in Minneapolis ..."
It may be that you'll need to take public transpo to therapy, but it also may be you live too far from work?
Parking costs would be an expense you'd seek to be reimbursed.
"I stated that I could not release total liability for that amount because I still continue to have pain every single night which wakes me several times a night ..."
And medical professionals should be able to help with this, noting that you haven't mentioned a diagnosis or thorough testing.
I suggest that you go to a specialist, not just your regular doctor, and I wouldn't have been making settlement demands based on a "probably" as to sciatic nerve issues.
"Do I have any kind of case if I hire an attorney on my behalf."
No reason to think you don't so far, and it's kind of an odd question to pose here to strangers v. local attorney who has conferred with you.
I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.
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