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Good Morning, I have a problem and I do not know if/how to

 
dkennedy's Avatar
  • Answered by:dkennedy
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Good Morning,
I have a problem and I do not know if/how to proceed. Honestly I think this has gotten out of my comfort zone as I do not like the idea of law suits.
First, the history. I was in Walgreens drug store standing by the pharmacy drop-off window. I was hit from behind by the Dean's Foods delivery man "Ralph". He was pushing a 5 foot (at least) tower of full milk crates on a wheeled "dolly" which hit me in the leg. Walgreens assisant manager "Sue" was there to see it happen as well as another pharmacy customer. This happened 3/26/12.
As I waited for my prescription,Sue gave me an ice pack and took down my name. Ralph gave me his information and told me he had reported the accident to his boss. At the time my leg hurt but I did not want to make a big deal of it.
That same evening the pain escalated so i went to the ER. They assured me that I did not break my leg. No xray was taken.
The next day Dean's representative called, asked questions and ask "what I wanted". I told her that I would like them to pay any medical bills from the accident. The rep was very nice on the phone and gave me a claim # XXXXX use and so on.
The pain/problems increased. I went to different doctors to figure out what to do. At my second or third doctor visit I was told that Dean's Food"s rep was called with the claim # XXXXX herself gave me and the doctor's office was told " if you send me a bill, it will end up in the garbage". So, I have been using my own insurance to date.
I have been diagnosied with a condition called CRPS caused by the accident. Basically my nerve was damaged and is constantly sending out pain signals. I have to take morphine, Vicodin and Savella to take the edge off the pain. I need multiple "day-surguries" to fix the nerve. Hopefully that will be the end. Maybe it will finally be over in July or August if the proceedures work.
My question- I assume I need to file a law suit. Whom do I file against and for what? I was told by the produce manager at Jewel, that there is a safety rule against piling items on wheeled dollies higher than the handle. As sue saw this violation and did nothing,and Ralph did it, I should file agaist both Walgreens and Deans. I need professional advise.
Long winded sorry.
Thank you

 

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Country relating to Question: United States

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Submitted: 337 days and 14 hours ago.
Category: Personal Injury Law
Value: $25
Status: CLOSED

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Expert:  dkennedy replied337 days and 14 hours ago.


dkennedy :

Hello,

dkennedy :

Yes, it sounds like you need a lawyer, and this is often what happens. If they would have just been decent to you, you could have settled things. You would sue both the Walgreen's store and the Dean Food company. The reason for Walgreens is that you had a reasonable expectation of safety in the store. That may get dismissed, but you need to put them on. Also, your lawyer will explain those sorts of details.

dkennedy :

Be sure you keep your receipts, start a journal with details of dr. appts., phone calls, etc. It will be helpful later.

dkennedy :

You would be suing Dean foods for negligence.

dkennedy :

I'll check back later to see if you are online and have any further questions.

Expert TypeAttorney
Category: Personal Injury Law
Pos. Feedback: 100.0 %
Accepts: 39
Answered: 6/22/2012

Experience: Over 15 years experience

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Customer replied337 days and 14 hours ago.

I was hoping there would be an easier, less litigious way...Per your advice, I will make an official journal. so far, I have my notes of appointments, calls and so on in my phone. Thank you.

 
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