I tripped over a handicap pole which was broken off from the hole in the sidewalk and obstructed by a car next to my dentist office. Some of the broken metal is rusted and still exposed.The pole was obstructed by parked cars. Both my hands/wrists were injured as well as abrasions on my face. It's over 3 months now but my hands are not getting better. I'm laid off & need medical attention. Bills visit to the emergency room are piling up and I pay a little at a time. I'd like to see a doctor or physical therapist to get my hands/wrists completely healed. I missed saying good bye to my younger brother because of the pain in my hands and not being able to drive that day. Allied Ins. says they only cover $1000 of medical costs and I can sue the owner of the property 4 rest.
The $1000 is called premises medical payments (or med pay) and they will pay you that regardless of proof of negligence or fault. You should submit bills directly to Allied up to the $1000 limit. Then you need to file a claim against the property owner (I assume this is Allied's insured) for the rest of your case value. We do not know the case value yet since you have not completed treatment. I am afraid you may not have been properly diagnosed yet and perhaps you can use the $1000 to get more treatment or see an attorney who can help you get treatment on a lien (where they wait to be paid from the settlement.) The others are correct, you do need a personal injury attorney to help you determine if you have a case (from a liability standpoint) and what your damages are. Good luck!
You can try and contact the property owner and make a claim for your medical bills and other damages, but the better course of action is to consult with an experienced personal injury attorney that handles premises liability cases and get an opinion on whether the alleged defect that caused the accident is enough to prevail against the potential defendent(s)? If there is a dangerous condition of the property, and you can prove either actual or constructive notice, then you may have a good case for all your damages, past and future medical bills, loss of earnings and earning capacity, pain and suffering and mileage to and from medical providers, etc. Good Luck.
Take pictures of the pole and the area surrounding it (if you haven't done so already) and consult further with an attorney and show them the photos. The standard for holding the property owner responsible for your injuries will be whether the pole created a dangerous condition for which the property owner knew or should have known. From your description of the pole as being "rusted", this sounds like it may have existed long enough to argue that the property owner was negligent in not repairing or warning about the condition. Don't delay further, though, in consulting an attorney as this may hurt the case.
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