Visitor Question

Injured my head getting into a medical transport van…

Submitted By: Sheila (Texas)

I was being taken to my 2nd medical appointment of the day by a medical transport van. The driver was lost and confused about where he was going. He would constantly drift into other lanes and almost caused two accidents.

I was very nervous riding with him and did not feel safe. He was hard to understand and very frustrating to talk with. Had also made me late for both appointments.

The driver was picking me up from my 1st appointment to take me to my next one. We were fussing about him not being able to find me because he dropped me off at the wrong building. Anyway, as I was entering the van, I grabbed hold of the upper handle to lift myself up onto the back seat.

Somehow, I slipped and banged my head extremely hard on the overhead door jam. I saw stars and the pain was excruciating. My eyes filled with tears and I became confused for awhile. It has been a week now and my head still hurts. I get dizzy spells and ringing in my left ear on and off throughout the day.

Do I have a case for this injury or is it all my fault?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Sheila,

In order to have a case you must have documented injuries and resulting damages. “Damages” are what lawsuits are based on. In other words, you really don’t have a lawsuit simply because you have a headaches and ringing in your ears.

But if you seek medical attention and a physician determines your injuries are serious enough to require medical treatment, then the cost of the treatment and related pain and suffering will be sufficient to file a claim with the transport vans’ insurance company. You will then have the required damages.

Hopefully, you aren’t seriously injured. But you won’t know unless you seek medical attention. You should though immediately file a written complaint with the management and ownership of the transport van. You will need documentation to prove the injury occurred while you were being transported by their van.

Contact the company and request that an “Incident Report” be created, then ask for a copy of it. Keep in mind they aren’t under any strict legal obligation to create an incident report, and even if they do they don’t have a legal duty to give you a copy.

If a lawsuit becomes necessary, you will have to retain an attorney, who will then be able to get a copy and proceed from there.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 25, 2012

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