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My husband and I walked into a local bank to obtain

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My husband and I walked...
My husband and I walked into a local bank to obtain statements. An employee invited us to his cubicle. I tried to slide into the second seat and my head connected squarely with the sharp edge of a hanging cabinet infront of my seat. The pain was excruciating and did not resolve with ice packs or Motrin. I went to a clinic and was referred to the emergency room by the doctor. In the emergency room I had a head CT done and missed work the next day for a headache. Can i hold the bank responsible for my bills based on an unsafe environment and the negligence of the cubicle design for clients?
Submitted: 2 years ago.Category: Legal
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Answered in 5 minutes by:
9/18/2015
Lawyer: Delta-Lawyer, Attorney replied 2 years ago
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3,546
Experience: 10 years practicing IP law and general litigation
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Can i hold the bank responsible for my bills based on an unsafe environment and the negligence of the cubicle design for clients?

Yes. In order to do this, you need to first place them on legal notice. I would send them a certified letter with a return receipt in which you explain the situation, the date of the incident, the person you met with, the location and what occurred on their premises. I would then provide them with an amount you were out as a result of their premises liability. If you want, you can attach copies of your medical invoices and redact information like your social, etc.

Give them 10 business days from the post mark on the letter to contact you and make payment for the damages that you incurred. Tell them if you do not pay, then I will be forced to bring a suit and pursue not only medical reimbursement, but punitive damages and attorney fees.

Give them your contact information in the letter and even a self-addressed return envelope for their reply.

If they do not comply, then you can sue them for negligence and premises liability due to your injury as a result of their issues.

Let me know if you have any other questions or comments.

Please also rate my answer positively.

Best wishes going forward!

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Customer reply replied 2 years ago
As a health care personel, i see head injuries that resolve without further complications . But there are also cases of delayed responses that occur down the road. Right now i only experience a nasty headache. If i develop neurological symptoms down the road,where does that leave me as far a my right to make a claim?
Lawyer: Delta-Lawyer, Attorney replied 2 years ago

You can request present and future medicals. They would probably require you to sign a waiver for future medicals if they offer a settlement as to your medical bills. At that juncture, you have to make a decision as to whether to take a sure fire payment for what you are out currently, or roll the dice and file suit in pursuing present and future medicals.

Based on my experience, the bank it going to be reluctant to give you future medicals without a law suit being filed. That said, you can certainly request it and see what happens. If you can get a letter from a neurologist that states that you will likely or even possibly will have future medicals issues as a result of the incident and submit that with your letter, it would help greatly.

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Customer reply replied 2 years ago
Do i have to wait until the hospital sends the bills or can i send the letter pending the bills? Since this happened yesterday, how long is it reasonable to wait? Also, does this site provide services for writing such a letter?
Lawyer: Delta-Lawyer, Attorney replied 2 years ago

Do i have to wait until the hospital sends the bills or can i send the letter pending the bills?

I would wait until the bills are actually sent. It will lend more credibility to your claims.

So, I would wait until the bills start presenting, though you may want to touch base with the bank to make sure you have any witness names and tell them a letter will be forthcoming. This can be done over the phone.

I'll be happy to review any letter that you write prior to you sending it and add/detract language as necessary.

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Customer reply replied 2 years ago
Thank you
Lawyer: Delta-Lawyer, Attorney replied 2 years ago

My pleasure. If you don't mind, please rate my answer positively (4 or 5 stars) so that I can receive credit for my work. Thanks

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Lawyer: Delta-Lawyer, Attorney replied 2 years ago

Did you have any other questions or comments? I want to make sure you are as comfortable as possible as you move forward. Thanks!

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