You can always ask for it, or your attorney can ask for any video footage. If you are in a lawsuit, your attorney can serve a deposition on written questions with subpeona duces tecum asking for the company to produce any video footage.
How long the company keeps the video footage is unknown???
Yes, you can pursue a claim for negligence and the injuries caused by the negligence.
Did you keep the piece of plastic?
Did you report what happened to the fast food restaurant?
Did you tell the first medical provider that you saw after the incident about the piece of plastic in your ice cream?
Did you take any photos of the piece of plastic?
All of these things would help your case. Also, on damages, remember that in Texas you cannot recover for what "might" have happened to you...i....
Lost wages sustained in the past is only one element of your damages. You can seek medical bills, pain and suffering, physical impairment, mental anguish, all in the past and in the future if your injuries are serious and will require future medical care as you indicated. You should hire a personal injury attorney to take this on to achieve maximum potential settlement. I would not recommend trying to handle this on your own without representation. I am sure there are many attorneys in...
You are definitely entitled to your file, including all discovery responses and documents produced by any party. Send a certified letter asking to pick up your file or you will have no choice but to call the State Bar of Texas. I dislike putting it that way, but it is the truth. You are entitled to your FILE!
My strong recommendation for you would be to go get a copy of your medical records from the doctor/hospital where the procedure was performed.
Then, do some research and find an attorney who handles medical malpractice cases, ask for a consultation, take all of your records with you, for an evaluation.
If you do decide to file suit, it must be filed within 2 years of the date of the negligence.
These are my thoughts. Good luck.
Your property damage should either be paid by your insurance carrier or the other driver's carrier. You did not mention any injuries, so I assume there are none. If someone was injured, that person needs to hire an attorney to pursue the injury claim. But as stated before, the carriers will probably arbitrate the matter to determine which the pays the property damage.
I will answer it this way, if you called me, I would recommend that you contact a lawyer in Waco (McLennan County) because that is the Court of continuing jurisdiction, or as a second choice, Hillsboro, because the case can be transferred there.
I admire your father's ingenuity for asserting the claim for diminshed value. I agree that maybe your father should have a Plaintiff's lawyer with him on the day of trial.
Sheadyn R. Rogers
Board Certified - Personal Injury Trial Law