Fell When Reaching for My Walker...

by Anonymous
(USA)

I went shopping with my neighbor in her vehicle. When we got home, she pushed my walker to me while she opened up my garage door for me. I reached for my walker and the brakes were not on. It started to roll on the sidewalk and I fell on the ground. I think I may have broken or sprained something.

My question is, can I hold her personally responsible for this accident?

I don't think she ever put the brakes on the walker before, but if the brake was put on, this probably wouldn't have happened. I am going to the doctors this week to get x-rays to see if anything is broken.

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

ANSWER for "Fell When Reaching for My Walker...":

Anonymous (USA):

You should give serious thought to suing your neighbor. The consequences can be serious and lasting. Before you consider filing a lawsuit you must be able to show you have suffered injuries. The injuries must be relatively serious. Until such time as your injuries can be documented you really don’t have much of a case.

You will also have to show your neighbor either purposely or negligently placed your walker outside the vehicle, and while so doing failed to place the brakes in the stop position.

If you are intent on pursuing a lawsuit you will have to wait to see if your injuries develop into something more serious. If you are still suffering from pain and discomfort go to your local hospital or nearest medical clinic. You may need an MRI (Magnetic Resonance Imaging) exam, or a CAT Scan, sometimes called a CT Scan (Computerized Axial Tomography).

A computerized axial tomography scan is an x-ray procedure which combines many x-ray images with the aid of a computer to generate cross-sectional views and, if needed, three-dimensional images of the internal organs and structures of your body. A CT scan is used to define normal and abnormal structures in your body to assist the doctors in understanding what may be wrong with the structures and organs of your body.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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