I went shopping with my neighbor in her vehicle. When we got home, she pushed my walker to me while she opened up my garage door for me. I reached for my walker and the brakes were not on. It started to roll on the sidewalk and I fell on the ground. I think I may have broken or sprained something.
My question is, can I hold her personally responsible for this accident?
I don't think she ever put the brakes on the walker before, but if the brake was put on, this probably wouldn't have happened. I am going to the doctors this week to get x-rays to see if anything is broken.
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ANSWER for "Fell When Reaching for My Walker...":
You should give serious thought to suing your neighbor. The consequences can be serious and lasting. Before you consider filing a lawsuit you must be able to show you have suffered injuries. The injuries must be relatively serious. Until such time as your injuries can be documented you really don’t have much of a case.
You will also have to show your neighbor either purposely or negligently placed your walker outside the vehicle, and while so doing failed to place the brakes in the stop position.
If you are intent on pursuing a lawsuit you will have to wait to see if your injuries develop into something more serious. If you are still suffering from pain and discomfort go to your local hospital or nearest medical clinic. You may need an MRI (Magnetic Resonance Imaging) exam, or a CAT Scan, sometimes called a CT Scan (Computerized Axial Tomography).
A computerized axial tomography scan is an x-ray procedure which combines many x-ray images with the aid of a computer to generate cross-sectional views and, if needed, three-dimensional images of the internal organs and structures of your body. A CT scan is used to define normal and abnormal structures in your body to assist the doctors in understanding what may be wrong with the structures and organs of your body.
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.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.