Yesterday we had a hell of a lot of wind (steady 40+) and while my wife and I were on our way to her parents we stopped in at a Sapp Bros. to fill up. While I was pumping gas, a large part of the canopy edge broke off and hit me square on the top of the head. I don’t know believe I was knocked out but I was knocked down.
When I got up I was pretty dazed and only had a couple small cuts on my head that weren’t bleeding much at all. The attendant ran out and asked me if I needed her to call an ambulance and I refused. I’m not sure why I did now, the baby was screaming and had a shitty diaper, we were already running late, and I figured I wasn’t hurt too badly because there wasn’t much blood. My wife and I just went on our way.
Shortly after I could tell something wasn’t right; I just felt “off”. My neck started to ache and I was getting nauseous (I’m guessing a mild concussion). I didn’t sleep well and today I am still pretty nauseous and I hurt from the base of my skull to my tailbone.
I called Sapp Bros. and managed to speak to the same woman who checked on my and she basically said that she would have her manager call me tomorrow but that I the reason she offered an ambulance was to have a report. I found it odd that there would have been no other mention of something like this to her manager.
I am planning to go see a doctor tomorrow either way but how should I expect this to play out? Would Sapp Bros. need to bear any of the costs for my doctor visit? Am I just screwed because I didn’t have an ambulance come?
Refusing the ambulance is some evidence that you weren’t that bad, but refusing didn’t compromise any rights you may or may not have with respect to the incident. Sapp Bros. may or may not have to pay, depending on whether they were negligent in some way.
See what the doctor says and also alert the store manager that you may be asserting a claim. If the doc says it is something serious, talk to a lawyer before giving any statements to an insurance company for Sapp Bros. Don’t sign any contingent fee contracts with a lawyer, however, unless and until you need to and know how serious your injury is. You should be able to find a lawyer who will give you a free consult without having to sign anything, but you need to first know from your doctor how serious it is.
Also, if you have health insurance, that should pay the doctors bills. The down side to this is your insurance will likely have first dibbs on any money you recover from Sapp Bros. So, again, find out how serious it is from your doctors first and foremost.
My advice is go to the ER as soon as possible. Get whatever sort of scan. They will likely find nothing but it doesn’t matter. Then follow up with a meeting at neurologist office. Don’t downplay your symptoms. I hate to sound like a scamming piece of trash but you could easily collect some money from this depending on how you play it. If you have sick leave. I would take it. Maybe now you start having the worst migraines ever when you never had them before and you get them weekly. All I am saying is this guy probably has insurance that covers this and him and his shop really are at fault here.
I personally know someone who “fell” at a Mcdonalds once. He really did fall and it was there fault for some reason but I don’t think he was seriously injured anyways six months later he received a forty thousand dollar settlement.
[quote]jjackkrash wrote:
Refusing the ambulance is some evidence that you weren’t that bad, but refusing didn’t compromise any rights you may or may not have with respect to the incident. Sapp Bros. may or may not have to pay, depending on whether they were negligent in some way.
See what the doctor says and also alert the store manager that you may be asserting a claim. If the doc says it is something serious, talk to a lawyer before giving any statements to an insurance company for Sapp Bros. Don’t sign any contingent fee contracts with a lawyer, however, unless and until you need to and know how serious your injury is. You should be able to find a lawyer who will give you a free consult without having to sign anything, but you need to first know from your doctor how serious it is.
Also, if you have health insurance, that should pay the doctors bills. The down side to this is your insurance will likely have first dibbs on any money you recover from Sapp Bros. So, again, find out how serious it is from your doctors first and foremost.
[/quote]
Thank you for the advice. I did leave a message on the store manager’s voicemail as well as talked to the woman. First step, it sounds like, is to find out what may be wrong.
[quote]A-rod wrote:
My advice is go to the ER as soon as possible. Get whatever sort of scan. They will likely find nothing but it doesn’t matter. Then follow up with a meeting at neurologist office. Don’t downplay your symptoms. I hate to sound like a scamming piece of trash but you could easily collect some money from this depending on how you play it. If you have sick leave. I would take it. Maybe now you start having the worst migraines ever when you never had them before and you get them weekly. All I am saying is this guy probably has insurance that covers this and him and his shop really are at fault here.
I personally know someone who “fell” at a Mcdonalds once. He really did fall and it was there fault for some reason but I don’t think he was seriously injured anyways six months later he received a forty thousand dollar settlement. [/quote]
I don’t like to point fingers, but you’re a huge problem.
[quote]A-rod wrote:
My advice is go to the ER as soon as possible. Get whatever sort of scan. They will likely find nothing but it doesn’t matter. Then follow up with a meeting at neurologist office. Don’t downplay your symptoms. I hate to sound like a scamming piece of trash but you could easily collect some money from this depending on how you play it. If you have sick leave. I would take it. Maybe now you start having the worst migraines ever when you never had them before and you get them weekly. All I am saying is this guy probably has insurance that covers this and him and his shop really are at fault here.
I personally know someone who “fell” at a Mcdonalds once. He really did fall and it was there fault for some reason but I don’t think he was seriously injured anyways six months later he received a forty thousand dollar settlement. [/quote]
I don’t like to point fingers, but you’re a huge problem. [/quote]
Yup, just sad.
OP, of course you should be compensated for medical bills, lost work, etc… if you were actually hurt. Suing because you have the opportunity makes you a scum bag, imo.
Edit: In case it’s not clear, BeefEater, I’m not calling you a scum bag (unless you’re perfectly fine and sue anyway).
[quote]A-rod wrote:
I hate to sound like a scamming piece of trash but you could easily collect some money from this depending on how you play it.[/quote]
Seems to me like you are a scamming piece of trash.
[quote]A-rod wrote:
My advice is go to the ER as soon as possible. Get whatever sort of scan. They will likely find nothing but it doesn’t matter. Then follow up with a meeting at neurologist office. Don’t downplay your symptoms. I hate to sound like a scamming piece of trash but you could easily collect some money from this depending on how you play it. If you have sick leave. I would take it. Maybe now you start having the worst migraines ever when you never had them before and you get them weekly. All I am saying is this guy probably has insurance that covers this and him and his shop really are at fault here.
I personally know someone who “fell” at a Mcdonalds once. He really did fall and it was there fault for some reason but I don’t think he was seriously injured anyways six months later he received a forty thousand dollar settlement. [/quote]
Lol, you’re a bitch dude
[quote]A-rod wrote:
My advice is go to the ER as soon as possible. Get whatever sort of scan. They will likely find nothing but it doesn’t matter. Then follow up with a meeting at neurologist office. Don’t downplay your symptoms. I hate to sound like a scamming piece of trash but you could easily collect some money from this depending on how you play it. If you have sick leave. I would take it. Maybe now you start having the worst migraines ever when you never had them before and you get them weekly. All I am saying is this guy probably has insurance that covers this and him and his shop really are at fault here.
I personally know someone who “fell” at a Mcdonalds once. He really did fall and it was there fault for some reason but I don’t think he was seriously injured anyways six months later he received a forty thousand dollar settlement. [/quote]
Part of me thinks this might actually be Alex Rodriguez…
Got to talk to the GM of the Sapp Bros. this happened at. He seemed like a good guy, made it pretty clear their intention was to take care of me. Also went to the Dr. and he diagnosed a concussion/post-concussion syndrome. Typical recovery time is 10-12 weeks and he recommended I lay off the weights in that time. Shitty deal but what can you do. Biggest issue I can see will be my night classes. Sitting and concentrating for 4 hours plus homework won’t be easy right now.
[quote]BeefEater wrote:
Got to talk to the GM of the Sapp Bros. this happened at. He seemed like a good guy, made it pretty clear their intention was to take care of me. Also went to the Dr. and he diagnosed a concussion/post-concussion syndrome. Typical recovery time is 10-12 weeks and he recommended I lay off the weights in that time. Shitty deal but what can you do. Biggest issue I can see will be my night classes. Sitting and concentrating for 4 hours plus homework won’t be easy right now.[/quote]
If Sapp Bros is willing to take care of the medical bills and give you a bit more for your pain and suffering I would take it, but make sure you are 100% back to normal. You will not have to sue. You have a 2 year statue of limitations, so if they are not paying the medical bills by then you will have to sue to make sure they pay. Get something in writing from Sapp Bros. Protect yourself first. I hate sueing because it will take 4 years to get payment.
I had to sue when my car was hit and their insurance company refused to pay for the damage. It took 4 years for them to pay. Suing slows everything down, but sometimes you have to. I waited 2 years before suing and it took another 2 years to get payment.
[quote]BeefEater wrote:
Got to talk to the GM of the Sapp Bros. this happened at. He seemed like a good guy, made it pretty clear their intention was to take care of me. Also went to the Dr. and he diagnosed a concussion/post-concussion syndrome. Typical recovery time is 10-12 weeks and he recommended I lay off the weights in that time. Shitty deal but what can you do. Biggest issue I can see will be my night classes. Sitting and concentrating for 4 hours plus homework won’t be easy right now.[/quote]
If Sapp Bros is willing to take care of the medical bills and give you a bit more for your pain and suffering I would take it, but make sure you are 100% back to normal. You will not have to sue. You have a 2 year statue of limitations, so if they are not paying the medical bills by then you will have to sue to make sure they pay. Get something in writing from Sapp Bros. Protect yourself first. I hate sueing because it will take 4 years to get payment.
I had to sue when my car was hit and their insurance company refused to pay for the damage. It took 4 years for them to pay. Suing slows everything down, but sometimes you have to. I waited 2 years before suing and it took another 2 years to get payment.
[/quote]
Every state is different. The statute of limitations in Nebraska for personal injury is 4 years.
[quote]BeefEater wrote:
Biggest issue I can see will be my night classes. Sitting and concentrating for 4 hours plus homework won’t be easy right now.[/quote]
Because of the pain? Are you having issues focusing/concentrating or brain fog?
The long you go by without having this looked at, the better the chance the people at Sapp could claim you injured yourself while doing something else.
[quote]BeefEater wrote:
Biggest issue I can see will be my night classes. Sitting and concentrating for 4 hours plus homework won’t be easy right now.[/quote]
Because of the pain? Are you having issues focusing/concentrating or brain fog?[/quote]
Both. Sitting in their desks for long periods is uncomfortable to begin with but right now I ache from the base of my skull to my tailbone. On top of that I have been having problems sleeping and focusing. These courses will last another 6 weeks before my next ones start which is well past the typical recovery time. Hopefully the concentration issues are one of the first to go, that has made my assigned reading really difficult.
