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Do i have a case?

Discussion in 'Accidents, Injuries, Negligence' started by Ellie187, Sep 3, 2003.

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  1. Ellie187

    Ellie187 Law Topic Starter New Member

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    Hello,
    I have polio in both legs and were two braces.Last week one of the screws broke on the brace causing me to fall and hit my neck and chin on the counter top.I had to be rushed to the hospital,because i cut my face and i couldn't breath.At the hospital i recieved two stiches and medication for my throat to make the swelling go down,i also hurt my back.I called the company who makes the braces and told them about the fall and that i need'ed someone to come and fix the brace,because i can't walk without them.It's been a week now and the company has not came to fix the brace yet!This is not the frist time that this brace broke it broke about a month ago and they are new!they just made them for me in april.I fell the last time it broke also,and i have asked them to look at them,because clearly there is something wrong with it.And no results.I like to know if i have some kind of case against the company?Thank you so much for your help!
    Ellie
     
  2. quuen

    quuen New Member

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    Hi, i am sorry to hear that this is happening to you. To start I would document any and all times that this might and has happened to you. Including all names of people you spoke with at the company, any injuries that occured and any medical care you received. If you really want to proceed further, you will have to contact a lawyer to see what kind, if any case you might have. It sounds to me like the braces are faulty.

    When you contacted them after the first fall, did someone come to fix them? Did they replace them? Are these the same ones that had broken on you last time? These are some additional questions you will need to answer to further get more responses on this site.
     
  3. Ellie187

    Ellie187 Law Topic Starter New Member

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    Do i have a case.

    Thank you for caring.
    Yes these braces broke 1 month ago,and i told them to fix them so that they don't brake anymore,because i'm gonna kill myself.Thay came after two weeks and got the brace and then took another 3 weeks to fix it.This company knows that my doctor does not want me walking without them,fearing further damage to my legs.This time the screw broke,i called them and told them and here it is almost two weeks later and no one has came to fix it.When i called they told me that they were busy because school is opening and that i would haveto wait about a week.I'm going to see my doctor on tuesday,naybe he can give me the name of another company that i can deal with,because it seems to me like they really don't care about there customers.Again thank you so much for your help.
    Ellie.
     
  4. 2TRUST

    2TRUST New Member

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    Yes, I WOULD SAY YOU HAVE A CASE!

    :mad: hI, I read your post because of the "subject title" you wrote ""Do I have a Case?"

    I used to work for a Personal Injury Law Firm specializing in Products Liability, Wrongful Death, Wrongful Termination etc., for 8 years.

    Part of my responsibilities included screening intake calls for potential cases that out firm might want to handle. My judgment had to pretty accurrate due to the fact that our firm only cases winning award amount in the 6 to 9 digits.

    I most certainly do not want to imply anything and I want you to know that this is only my opinion and I could be wrong due to the fact that I have not seen any documentation or have full knowledge of what has transpired.

    From what I read that you posted, there is clearly personal injury, from you falling and actually having documentation from going to the hospital and your doctor.

    You absolutely (and I will emphsize that) need to document everything i.e., names, numbers called, the time of day you spoke to people, what happened when your braces malfunctioned, how this has affected emotionally, and financially as well as the people with whom you live with or family members who talk to about this. This also affects other people in you life whom might have had to help you while you have been waiting for repair of the braces or better yet a completly new set of braces. It is better to be safe than sorry, and considering they have failed on you twice I would not chance wearing them again.

    You need to put this all in writing. You need to also write them a letter and send it certified mail outlining everything that has happened from the very beginning.

    I know it might seem weird to write a letter to someone who already knows the facts surrounding this matter but you might just end up in court submitting this letter as evidence and the court does not know the facts, so it is important to write this letter ASAP tommorrow detailing everything.

    You need to find out who the manufacturer is of your braces. Yes, you got them through a company, but who did they get them from? If the manufacturer is outside of this company you also need to write them.

    To end, I would definately consult with an attorney about your situation as soon as possible. Since this is a Personal Injury case/Products Liability they will take you on a contingency fee Retainer Agreement.

    Good Luck!! and remember document everything!!

    2Trust
     
  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Re: Yes, I WOULD SAY YOU HAVE A CASE!

    Spoken like someone who has seen this before. The documentation and information about a case like this will be absolutely critical in estabilishing whether or not you have a good case (meaning the likelihood of success, not that you were injured.)

     

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