The insurance company has agreed to cover up to $25,000 in exposure. As such, you have to give them the opportunity to pay that amount, following a particular procedure and law in demanding they pay those limits within a legally defined time frame. This is why it is important you hire a good lawyer to craft this demand - because you can set the insurance company up. If the demand is properly issued, and the insurance company fails to pay the policy limits, there is the potential they will be...
More detail is needed to adequately answer your question. If you are in small claims court (Magistrate) then the parties are not entitled to discovery. If in State or Superior Court, then parties are entitled to a 6 month discovery period starting from the date of the last answer filed with the court. Whether or not you should move to strike the affirmative defense, depends on the defense asserted. I would suggest you contact a civil attorney for further advice.
It is very likely the property owner (owner of the garage door) may be liable for your damages. I believe you are best served by contacting an attorney to discuss your case, and I would be happy to discuss this matter with you. Feel free to contact me at 404-264-1080.
The attorneys likely added that language to encourage you to speak with an attorney so for two reasons: 1) to show that you were advised and that the attorneys were not trying to deceive you; and 2) to provide Wal-Mart a defense should you later decide to dispute the settlement on the grounds you were not adequately represented. While it is your decision whether to sign the release, I would advise you speak with an attorney.
I agree with the others, that you should first report this matter to your own insurance. Also, you should consult an attorney regarding the potential claims you may have and the best course of action. The short answer to your question, you have 2 years from the date of accident in which to bring a bodily injury claim against the at-fault driver, and 4 years to bring your property damage suit.
This depends on a few things, first of which is whether you are a party to the case? If so, you could be noticed to attend and hopefully you already have an attorney with whom you should speak (if not, you should consider hiring an attorney). If you are not a party, your attendance would most likely require a subpoena as well as mileage fee. However, even if you are not a party to the suit, you may want to consult an attorney if you feel the deposition testimony may impact you in any way.
I agree with the others. It is "possible" to file suit, but the likelihood of success will depend on some different variables including but not limited to your knowledge of the potential hazard prior to the fall. Should you wish to discuss your potential claim, feel free to call me at 404-264-1080.
If you are having ongoing medical issues, I would suggest you consult with your primary care physician for the proper referrals. I would also suggest you contact an experienced personal injury attorney as soon as possible.