Do we have a claim?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do we have a claim?
My husband slipped off the back deck of a U-haul truck and broke his leg
requiring surgery. He missed over 4 weeks of work plus all the medical bills.
There were no slip guards, pads or safety rails on the back of the truck.
Asked on September 21, 2017 under Personal Injury, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Since U-Haul's insurance carrier is denying your husband's claim, his only recourse is to sue U-Haul for negligence for not having the slip guards, pads or safety rails on the back of the truck.
When your husband completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in his medical treatment where no further improvement is anticipated, he should obtain his medical bills, medical reports and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document the injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement. Damages (monetary compensation) your husband is seeking in his lawsuit would be based on those items.
Your husband's lawsuit for negligence against U-Haul must be filed prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.