Injury During Home Delivery Requires Amputation...

by John
(Grand Rapids, MI)

I recently hired a restoration company to clean and remove my extensive gym set. Upon arrival at my home with a truck filled with the cleaned equipment a few weeks later, one of the employees opened the back hitch only partially (given that he was busy talking on his cell phone). Half opened, I decided to roll the door open fully while the employee continued to speak on the phone.

Several seconds later the improperly secured cargo came crashing out of the back of the truck and a few hundred pounds of weight crushed my right foot, resulting in 3 broken toes, one of which was practically fileted off the bone requiring amputation.

What are my options? What do I say / not say? Do I have a case? Thanks for any info you can give.

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 "Injury During Home Delivery Requires Amputation...":

John (Grand Rapids, MI):

You appear to have a very strong case against the company. It appears they were quite obviously negligent in the manner in which they delivered the equipment. The first and most important action you should take is to treat your injuries. The basis of any personal injury claim rests upon the amount of medical bills, referred to in the legal community as "Hard Costs", you sustained as a result of the injuries.

You really shouldn't speak with anyone other than a personal injury attorney. You can represent yourself, but in the case of serious injury that probably wouldn't be prudent.

If you have already notified the company of your injury, it is altogether possible a representative from their insurance company may contact you. She has an absolute right to contact you and you have an equally absolute right not to speak with her. If you decide to speak with her then tell the truth. She will undoubtedly want to take your recorded statement whether by telephone or in your presence.

Liability seems to be clear at this point. Right now the issue will be the amount of compensation you should receive. It wouldn't be a bad idea to contact a personal injury attorney before speaking with any representative from the company. Most personal injury attorneys will not charge any fee for an initial office consultation.

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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