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Reload this Page Defective Shim on a truck.

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  #1  
Old 08-29-2008, 11:38 PM
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Defective Shim on a truck.

What is the name of your state (only U.S. law)? Pennsylvania

I work with heavy machinery and I got hit in the head by a shim that shot off of a truck. There was another guy that was killed from the same exact thing. The fault was from a design problem and not a problem from usage. I found out that there was a recall on the product 2 months ago before i got hit, but we just got the notice 2 days ago (Which is months after i was hit). Do i have a case against the manufacturer or are they safe because of the recall that we recieved too late?
  #2  
Old 08-30-2008, 01:09 AM
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What are your damages? Would ofs, could ofs and should ofs don't count.
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  #3  
Old 08-30-2008, 11:19 AM
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it was near death... Had a severe concusion, my brain was bleeding into my ear, and i still get major headaches as of today.
  #4  
Old 08-30-2008, 11:21 AM
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Quote:
Originally Posted by tykkimies View Post
it was near death... Had a severe concusion, my brain was bleeding into my ear, and i still get major headaches as of today.
How long ago was your injury?

Do you have permanent damages (that is, can you medically connect the headaches with the injury)?
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  #5  
Old 08-30-2008, 12:01 PM
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my doctors told me that its at the same location of the injury. And i forgot to mention i have short term memory loss too. And i reread what i thought was the recall and its not a recall. Just announcing a new shim to replace the old but its not removing the old.
  #6  
Old 08-30-2008, 12:14 PM
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Quote:
Originally Posted by tykkimies View Post
my doctors told me that its at the same location of the injury. And i forgot to mention i have short term memory loss too. And i reread what i thought was the recall and its not a recall. Just announcing a new shim to replace the old but its not removing the old.
That's interesting.

Please answer these questions:

How long ago was your injury?

Do you have permanent damages (that is, can you medically connect the headaches with the injury)?
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  #7  
Old 08-30-2008, 01:06 PM
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i was hit about a month and a half ago. And as far as the headaches im going to the doctor tomorrow. I know that it is from the injury so im sure they will be able to find something to connect it. And i still havn't regained my short term memory.
  #8  
Old 08-30-2008, 01:08 PM
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You should consult with a personal injury lawyer.

You don't seem to have any serious and permanent physical injuries which would severely limit your damages.
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  #9  
Old 08-31-2008, 09:34 PM
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Good News

I went to the talbert headquarters and told them that im going to be suing them and to be ready for the papers. They immediatley got me with their lawyers and decided to settle before anything gets to court. they wanted to get me out with 1 mill but my lawyers got them to up it to 2.5mill. Im rich!!! For those that said i wouldn't get much, maybe catch up on your law a little bit.
  #10  
Old 09-01-2008, 09:33 AM
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Quote:
Originally Posted by tykkimies View Post
I went to the talbert headquarters and told them that im going to be suing them and to be ready for the papers. They immediatley got me with their lawyers and decided to settle before anything gets to court. they wanted to get me out with 1 mill but my lawyers got them to up it to 2.5mill. Im rich!!! For those that said i wouldn't get much, maybe catch up on your law a little bit.
So you didn't hire a lawyer and went to their HQ yourself on a Saturday (of Labor Day weekend, no less), then, without any investigation or review of your medical records and history, they offered you $1M, which, after you denied it, they offered you $2.5M on Sunday, the next day?





On the bright side, if you think anyone would actually believe that story, you probably do have a good case for getting brain damage from being struck in the head by the shim.
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Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #11  
Old 09-01-2008, 03:46 PM
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no... i did go to a lawyer. This happened a while ago and they are aware of my medical records. I just never formally told them i was gonna sue until now after i got a lawyer and he said we got a case.

Also i don't really care who believes me about the money. I know i have it and thats all that matters. I just wanted to let ya know that you guys were wrong about this.
Last edited by tykkimies; 09-01-2008 at 03:49 PM.
  #12  
Old 09-02-2008, 01:52 PM
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Quote:
Originally Posted by tykkimies View Post
no... i did go to a lawyer. This happened a while ago and they are aware of my medical records. I just never formally told them i was gonna sue until now after i got a lawyer and he said we got a case.

Also i don't really care who believes me about the money. I know i have it and thats all that matters. I just wanted to let ya know that you guys were wrong about this.
We were? Shucks. I guess you won't mind posting a copy of the settlement agreement (and check) then, right? (Feel free to redact your name or other identifying info).
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Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #13  
Old 09-02-2008, 01:57 PM
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Quote:
Originally Posted by tykkimies View Post
I went to the talbert headquarters and told them that im going to be suing them and to be ready for the papers. They immediatley got me with their lawyers and decided to settle before anything gets to court. they wanted to get me out with 1 mill but my lawyers got them to up it to 2.5mill. Im rich!!! For those that said i wouldn't get much, maybe catch up on your law a little bit.
Could I interest you in some Louisiana swampland?
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  #14  
Old 09-02-2008, 03:28 PM
Roo Roo is offline
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Methinks the OP got hit on the head a little harder than first thought.
  #15  
Old 09-03-2008, 07:21 PM
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i can give you the link to my lawyers site that lists there track record. Im the 5th one down that they are talking about.

[url]http://www.golkowhessel.com/case-examples.asp[/url]
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