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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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