ptsd Tort Claim For Slip And Fall On Va Sidewalk

[top]

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]

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.

The above is evidence.

If additional residual disability is evidenced and you jump thru all the tort hoops

in a timely manner - you should prevail.

Personally, I would retain a lawyer that has experience dealing in tort claims against

the United States government.

The "VA police officer" and "security officer" should be deposed in writing

under sworn testimony ASAP, as memories tend to fade with the passing of time.

Also - as Berta suggested - photos !

I would also take photos of the walker you were using with close-ups

of the wheels.

By chance is this a VA issued walker, for a SC'd condition ?

My guesstimate would be 3-5 years for any resolve on the issue.

JMHO

[top]

thanks for the good advice. Yes, the walker is for a service connected condition, as well as the wheelchair.

[63SIERRA]

if you spoke with lawyers they should have in formed you you have to file a claim for damages against the gubmint. you cannot just come out swinging and drop a lawsuit on them anymore. if you file a claim, and they deny, THEN you can sue them. You can have legal assistance when filing the claim.

Edited October 30, 2013 by 63SIERRA

[63SIERRA]

also keep in mind they might have your slip and fall on video, I would ask for it

Be prepared for a long, dirty fight with them. I filed a claim with the corps of engineers because my wife slipped on a decrepid boat doc,and hurt her back, a 2 inch nails stuck her in the arse, and she doenst want to go to the lake anymore. The corps deeked us around for abt a year, then denied. Then they said the dock maintenance was contracted out , so they werent responsible. That claim is on ice right now, because I have bigger fish frying, but im going to get back after it real soon. Im going to send pics of the decrepid dock, and the 2 inch nails stickin out of it, to the General of the army corps of engineers. Shortly after the claim, they went and installed a NICE, BRAND NEW. SHINY , SAFE DOCK.I went took pictures of the old dock, and used a newspaper to verify the date in the pics. hope this helps you.

Edited October 30, 2013 by 63SIERRA