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richanne96, Attorney
Category: Personal Injury Law
Satisfied Customers: 343
Experience:  Attorney in private practice in Phoenix, AZ
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I am in need of advice please, On Saturday 11/14/15 I was at

Customer Question

I am in need of advice please, On Saturday 11/14/15 I was at home getting ready to go pick my son up from work, as I was getting ready to back out of my driveway as I checked the rear view mirror, and then screams for help, I saw my neighbor across the
street who was working on his carapparently didn't put his brake on and the car was rolling backwards, nobody was around to help I jumped out my car to run across the street to try and help him, as I was trying to get him up I rolled my ankle, but my adrenaline
was pumping because I was worried about him, as he got out I ran back to my house to grab my cell phone to call 911 when my foot have out and I fell in the street in front of my property, my foot swelled up immediately I went to an emergency center immediately
they said it was a bad sprain wrapped it and gave me crutches, my foot continued to get worse so I went to a foot and ankle specialist, where they informed Me that my foot was fractured and I have torn ligaments he put me in a brace and a boot, he doesn't
want me to return to work because I work in a warehouse, I told my dr I have 3 kids and I need to work, he gave me a note stating I can return to work on light duty resting my leg as needed, my job was not OK with that and I have to have my dr fill out a certificate
of fitness, which could take about 3 weeks between my dream filling out the paper work and hr determining if they will be able to accommodate me with the drs restrictions, and told me I may not have a job, also I was up for a promotion to get in to the company
permanently as a direct hire, however I was informed a short period ago today that is no longer the case I am not eligible anymore, I've been out of work since Thursday 11/19/15, no paychecks coming in, I'm in extreme pain everyday the Dr Wont give me pain
medication and I can't even take ibuprofen because he doesn't want me to injury it further, I have to rely on everyone doing things for me because it's too hard for me. I go back to the specialist on 12/8/15 where he informed me most likely I will need surgery,
I hate being this person you have no idea, I don't believe in suing, I'm just so hurt and upset, I believe any human being would do what I did, and there was nobody around to help him I can't see people hurt, but now I have no income coming in and most likely
going to lose my job.. I don't know where or what I can do from here if anything I really need advice. Thank you so much for your time.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  richanne96 replied 1 year ago.

You really have no basis to sue your neighbor when you voluntarily take it upon yourself to attempt to assist someone. You may have a claim against your employer under the Americans with Disabilities Act. You need to put your employer on notice that you have a disability (note from doctor stating so) that requires a reasonable accommodation. You have to frame it as such. The reasonable accommodation of the disability is what the doctor requested. Then if they do not provide the reasonable accommodation, and they can not prove that doing so would pose an undue financial burden on them, they would be in violation of the ADA. There is a private cause of action under ADA, so you should be able to find a civil rights attorney willing to take it on a contingency fee basis.

Customer: replied 1 year ago.
I understand I took it upon himself but he was stuck under his car while it was rolling back screaming help there was no one else around, that's not something to even go after his home owners insurance?
Expert:  richanne96 replied 1 year ago.

No, home owners' insurance does not cover personal injury by a third party coming to a home owner's aide in his driveway. You seem to be thinking of premises liability coverage, but that applies only if the home owner was negligent. Calling for help does not equate to negligence that would trigger coverage. Failing to set the brake is not going to equate to negligence against you because he endangered himself, not you. Again, you chose to attempt to assist him. While that is admirable, it is not going to make his insurance company liable to compensate you for injuring yourself doing so. Your best chance of recovery is against your employer for not accommodating your temporary disability.

Customer: replied 1 year ago.
I no longer need info thank you
Expert:  richanne96 replied 1 year ago.

If you are satisfied with my answer, please give me a positive rating so I can get paid. Thank you.