Question about slip(trip) and fall?

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PostPosted: Thu Feb 07, 2008 4:28 pm   Post subject: Question about slip(trip) and fall?  

I posted a question or two about my claim and my injuries. Here is a bit more information, and will hopefully get me more answers.



My Injuries: Permanent radial nerve damage to my right wrist and hand. I cant feel any sensation in part of my hand and wrist. I experience weakness, numbness and pain most of the time and I have to leave with this. Because the nerves got entrapped and doctors were trying to release them, but they ended up dissected the nerve because it was bad and couldnt be saved.



State: I live in the state of NY



Medical bills: over 9 grand(i never went to any chiropractors)



Treatment: first my orthopedic doctor advised me to immobilize in a splint and ice the area.ecause they usually go away and get better. but he didnt know how serious it was.(Failed) Next he sent me to physical therapy(failed) The only thing next was surgery....at this time he found out the nerves was entrapped. The surgery was august 2007. I recently got an EMG done to see how bad it was. and the doctor that did the EMG...said it was 75% damaged. And he said if they were going to grow back and get better. it would of been started to get back a month after surgery. it is now almost 6months.



Losses: at the time of the accident(april 2007) i was unemployed. because i work construction and winter they get raid of the workers. than you have to find another job or work back for the same come when it is time. usually the middle of may. I know i cant came for loss income. but could i came for future loss. because my wrist and hand isnt the same anymore. I know i can get p/s. and medical bills and future medical bills...i think. what else could i get compensated for?



The landlord knew about the accident (april 2007) and didnt turn it over into his insurance company until January 2008. because he knew he was at fault and was trying to hide it. the place is full of hazardous conditions. I tripped over a 5-6 inch pipe that was sticking out of the ground. I didnt know about it at all until after i tripped. In the state of ny landlord are suppose to do inspection and should have known about that hazardous condition if didnt. he has many other violation codes on the property and just dont care.



Im not in contact with the adjuster. i just mailed him a letter with my bills and my medical records. and photos of the pipe. before my landlord fixed the porch(where the pipe was) and painted it to make it look new. And other supporting documents. could i show the adjuster other harzardous condition that would help me prove my point of how careless there insure is? how can i deal with the adjuster? I wrote in the letter to have him(adjuster) contact me by writing. so just in case he trys to deal with me in bad faith or do something that isnt right. i can have it in writing. Was that a good thing i did? Will they see that he is clearly at fault? im in a strain right now. i hope this can be settled and out of the way soon. i know my injuries and they are not going to get any better.

gb298888
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PostPosted: Thu Feb 07, 2008 4:31 pm   Post subject: More information  

the porch has a post the porch post broke off due to old rotten wood and when the post broke off it exposed the pipe that it had under it.


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PostPosted: Thu Feb 07, 2008 6:41 pm   Post subject:   

I'm just wondering... this happen almost a year ago. When did you notify the landlords insurance company... recently? if I understand correctly, the delay was probably caused by the landlord not cooperating and reporting this accident to his/her carrier, correct?



Personally, I'd call the adjuster and speak to him/her over the phone. Going back and forth just in writing would take forever and eventually you will need to verbally discuss information in real time (i.e. they will probably want a recorded interview and will need to confirm information about what happened). NY has very stringent 3rd party bad faith claim laws. Meaning, it would be very difficult for you to pursue this type of claim. Plus, I'd not worry about it too much and you could always pursue it even if you work over the phone.



I can't really say the landlord is at fault or not as this would require much more information then you could probably post here. If nothing else, it at least requires the other side of the story (from the landlord). Also, I'm not sure _exactly_ what happen and I can't see the photos. As I mentioned, the adjuster will probably want to obtain a statement from you directly and ask questions. I certainly think there is a good possibility that the landlord would have some liability at least.



If you have photos take at the time of the accident this will be pretty much seal everything up. In that the landlord has other existing infractions might lend a certain degree of validity to your complaint, it's mostly unrelated to your accident.



The adjuster will probably need to obtain your medical records and notes and then the claim can move forward. This usually takes a couple of months.

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PostPosted: Fri Feb 08, 2008 6:07 am   Post subject:   

Hi gb298888, I can't see anything much that you can do right at this moment, wait for the adjuster to contact you and then place your case before him. Best of luck!


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Carla Huesen
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PostPosted: Fri Feb 08, 2008 11:18 am   Post subject:   

Will you be able to work in the same industry, construction requires use of your hands and wrists, if they mess with you too much, I would be getting an attorney. Did you keep copies of your pictures right?

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