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I tripped & fell over a hitch at a uhaul facilty 5/24/11 & broke my wrist. Due to the outcome now, what are my options, please??

Syracuse, NY |

Initially, I filed an accident report w/ Uhaul-I went to Urgent Care the same eve, was cast 'temp', & told to seek an Ortho Dr the next day. I did & was told the break was straight & should heal properly, no need for surgery. My arm was in a hard cast 4 wks. Upon removal of the cast, I moved to FL where I had a job transfer, & began working as a Pharm Tech 9/11. As I continued to work & carry on w/ my normal day to day routine, my hand & wrist became more painful. Clearly visible, the bone did not heal properly. I wore a splint constantly. I awoke during the night w/ burning & stabbing pains shooting down my arm & hand. I changed Insur carriers, then saw 3 Drs here. I had a Carpal Release 8/24/11, & Open Distal Radial Osteotomy w/ Bone Graft & Hardware 5/17/13. Pain, suffering, job loss...

Didn't file for a case sooner b/c outcome was unknown. Told from Uhaul Rep did not have a case as it was my fault b/c I turned around & tripped over the hitch as it lie on the ground, waiting my turn for trailer to be hitched to my vehicle. Had an EMG & carpal done in FL. After failed results, had Osteotomy. Released to work w/ limitations; position is filled; currently a hiring freeze. No choice but to resign from co; they will terminate employment 9/18/13. Worked as Pharm Tech since '03. Source of income is SSD from 1992. Almost evicted from apt 2x, power turned off, losing my vehicle, behind on all bills; incrsed depression, anxiety & panic attacks; loss of appetite & weight; unable to resume sports, ect. What I have paid was w/ money borrowed from family. Broke my LEFT wrist & am RIGHT handed; however depend on BOTH hands to perform everyday tasks. Primary Care Dr presently follows my care w/ meds, ect. Difficulty remains in proving fault, however I have to know if there is anything that can be done?

Attorney Answers 14


  1. Important that you retain an attorney and a human factors or industry expert who can testify that the condition that caused the fall was an unreasonable hazard.


  2. So sorry to read of your injuries. Contact a personal injury attorney in your area immediately. Do not speak to anyone associated with U-Haul. Let your counsel do the talking for you.

    I am concerned that so much time has passed! Talk to someone TODAY!!

    Good look in your recovery and with your claim.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  3. Sorry for your injury. The 'good' news is, assuming your incident occurred in NY, is that your time to file a lawsuit has not expired. The 'bad' news is, assuming you do not have proper proof of the incident, is the delay may make proceeding exceedingly impossible. Do now what you should have done then, contact qualified personal injury counsel in the locale of where this occurred. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  4. As Mr. Adams states, your best option is to get yourself to an attorney in your area right away to discuss a potential claim.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


  5. I agree with my colleagues. Seek an experienced personal injury attorney asap and let him or her handle the rest. Many attorneys, such as myself, offer free 30 minute consultations. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  6. If you wish to pursue a claim for your injuries, apparently the statute of limitations will not be a problem in your state. You do need to get a personal injury attorney to review your case and I would do so immediately. Most personal injury attorneys offer a free initial consultation. Talk to a couple of local area personal injury attorneys and retain one who is experienced and you feel comfortable with. Sorry to hear about your injuries and hope you will get better. Best of luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  7. It is a 3 year statute of limitations so speak with a personal injury lawyer.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  8. You do not state in your question enough details about your trip and fall in order for me to evaluate the liability issue. However you do have a substantial injury. Your claim is still timely so I suggest you contact a local personal injury attorney at once. You may have a good case, and perhaps, a substantial one.

    This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during a consultation. Your rights and obligations may vary depending upon facts not disclosed in your question. Therefore, you should contact an attorney immediately so that your interests are properly protected.


  9. Have a local personal injury lawyer investigate


  10. Shocking that the u haul rep thinks you have no case. OF course he doesn't. Surprised he didn't offer you a deminimus amount to get you to sign a release. Do you have photos showing the condition that caused you to fall? Ae there witnesses?

    My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900


  11. You should contact an attorney in your area that specializes in personal injury law as you may have a case against U Haul depending on who placed the hitch on the ground, where it was located and how long it was there.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Prior results do not guarantee a similar outcome.


  12. My law partner could process this case for you - and never take the word of the person you are going to use that you have no case.


  13. In my opinion, the facts you describe do establish U-Haul's negligence. Therefore, it seems to me that you do have a good personal injury case against U-Haul. I would like to discuss with you the details of how the accident occurred, and where it occurred.

    Of course, photographs of the hitch that you fell over would be great, especially if the photos show the hitch on the floor in the location where it was when you tripped over it. If not, I think we will be able to prove the case anyway.

    Similarly, a witness to the accident would be really helpful, although not critical.

    PS: I am currently representing another client in a negligence case against U-Haul.

    Since the accident occurred in 2011, it is important that you discuss your case with, and hire an experienced personal injury lawyer promptly New York personal injury lawyers charge a contingency fee of 1/3 of the net amount recovered.. Therefore, it is certainly in your best interests to hire an accident lawyer to represent you in this serious case.

    The other attorneys are correct that you should never trust the potential defendant's statement that they are not responsible for your accident.


  14. You should consult with a NY personal injury attorney right away. The claim is timely if commenced within 3 years of your accident. The fact that you filed a report with UHaul is crucial. The liability determination will result in an allocation of who caused you to fall based upon comparative negligence(ie. 50/50 ). Assuming your subsequent medical providers will link your need for the serious medical issues you have endured with the UHaul event,you may very well have a claim with substantial merit.

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