Concussion from Hitting My Head in a Parking Garage...
I fell in a business's parking garage. The garage was built with drive ramps going from level to level, with people expected to walk under the inclined drive ramps to get to the place of business. The head clearance underneath these drive ramps is from around 3-4 feet at one end to around 12 feet at the other end.
While walking around the mid-portion of the pedestrian track underneath the drive ramp, I hit the top of my head against the concrete of the drive ramp. I fell onto the cement flooring, sustaining a concussion which required 10 stitches. I also hurt my foot in the fall.
This happened at night and the garage was not well lit. The varying height, plus the gray cement coloring of the drive ramp structure and background, gave the optical illusion that there was room to walk underneath. At any rate, I did not see the structure at the very bottom, which hit the top of my head. I was not under the influence of any drugs or alcohol at the time of my injury.
I documented the incident with the business's security personnel. I was taken by ambulance to the hospital and had a one night stay at the hospital for a concussion. I was told by one of the business's personnel the drive ramp's concrete structures would be painted orange before my next visit.
Is the business liable for the injuries incurred by me in whole or in part? If so, what actions should I take to obtain compensation for my hospital bills and other medical bills relating to this injury? Thank you for any information you can give.
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ANSWER for "Concussion from Hitting My Head in a Parking Garage...":
Steve (Asheville, NC):
The facts you present should be sufficient to support a credible claim against several entities. They are:
-- The owner of the property upon which the parking garage was built
-- The owner of the parking garage (if different from the property owner)
-- The parking lot's management company
Your injuries are as real as they are serious. You should be entitled to recover monetary compensation for:
-- Reimbursement of your medical bills
-- Any wages you lost as a result of your injury and its treatment
-- Any reasonable out of pocket expenses related to your injury and its treatment
-- And finally an additional amount for the pain and suffering you endured
Contact each entity and inform them of your injury. Refer them to the "incident Report" completed at or about the time of your accident. Ask them to reimburse you for all of the above. Do that for each entity.
You are entitled to be compensated by as many entities as are liable for your injuries, event if that compensation is paid multiple times by the different entities. What you receive from one of the entities has no bearing, legal or otherwise on your claim.
To determine a fair amount of compensation for your injuries take your medical bills alone and multiply them by 3x - 4x. That is the amount you should demand in your letters to the entities, individually and collectively.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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