ptsd Tort Claim For Slip And Fall On Va Sidewalk

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In august, after leaving the DC VA emergency room (high on pain killers), my husband was pushing me in my walker (extreme sciatica pain - which is why I was at the ER, plus I was under the effects of a pain shot), my walker's wheel got caught on a large crack on the sidewalk and I fell backwards onto the cement.

I am an MST/PTSD vet, I had a panic attack and refused to return to the ER. Also, since I had received a shot for pain, I was not feeling any. I did return to the ER two days later, because when I woke up the next day, I could not walk at all. The pain shot had worn off and I was in extreme pain.

I am filing a tort claim.

I already am rated for herneated disks and sciatica. This fall set me back hard. I was in my weelchair for a month straight and still must use it more than I did before.

Any advice on both the TORT claim and the amount I should ask for?

thanks in advance.

[carlie]

A tort claim is for malpractice with residual disability.

How is your fall related to malpractice ?

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I did research, along with discussions with lawyers. Slip and fall accidents on military/government property fall under TORT. TORT is not just for malpractice issues.

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**Sorry** forgot to add - falls under premises liability

[carlie]

I did research, along with discussions with lawyers. Slip and fall accidents on military/government property fall under TORT. TORT is not just for malpractice issues.

OK - so what is your evidence that shows

1) your fall was due to their negligence

2) residual / injury from the fall

[Berta]

I would take a photo of that crack if I were you.

Also the FT 95 for a Tort claim will ask you for names and addresses of any witnesses.

You will also need a copy of this ER Certificate :

"I did return to the ER two days later, because when I woke up the next day, I could not walk at all."

Carlie is right that you have to prove their negligence,, as well as to have incurred a ratable disability.

"I already am rated for herneated disks and sciatica. This fall set me back hard. I was in my weelchair for a month straight and still must use it more than I did before." I am sure it aggravated the SC you have now.

You will need medical evidence (probably an X ray along with an exam ) to show that the fall has caused you an additional and ratable disability.

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Thanks. I have copies of the ER visit, both before and after. The doctor states the reason for the return visit was because of the fall. It also states the results of the xrays taken. have the incident reports from the VA police officer who responded, as well as from the security officer who witnessed the fall.

I also have the disk from a follow up MRI I had to do after seeing the nuro doctor, who has referred me to the surgeon.