Home     Law Advice     Insurance Advice     Community    
Dangerous or Defective Products : Click here for useful articles and FAQs for the following drug and medical device hot topics - Fosamax, Seroquel, Trasylol, NuvaRing, Medtronic Sprint Fidelis leads, Stryker Howmedica Hip Implants, Shoulder Pain Pumps
Go Back   FreeAdvice Legal Forum > ACCIDENT AND INJURY LAW > Dangerous or Defective Products
Reload this Page Defective Shim on a truck.

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
Page 1 of 2 1 2 >
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-29-2008, 11:38 PM
Junior Member
  
Join Date: Aug 2008
Posts: 7

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
Senior Member
  
Join Date: Jan 2001
Posts: 12,019
What are your damages? Would ofs, could ofs and should ofs don't count.
__________________
If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

No private messages, I do not reply to them.
  #3  
Old 08-30-2008, 11:19 AM
Junior Member
  
Join Date: Aug 2008
Posts: 7
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
Senior Member
  
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,045
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)?
__________________
There are two rules for success:

(1) Never tell everything you know.
  #5  
Old 08-30-2008, 12:01 PM
Junior Member
  
Join Date: Aug 2008
Posts: 7
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
Senior Member
  
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,045
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)?
__________________
There are two rules for success:

(1) Never tell everything you know.
  #7  
Old 08-30-2008, 01:06 PM
Junior Member
  
Join Date: Aug 2008
Posts: 7
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
Senior Member
  
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,045
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.
__________________
There are two rules for success:

(1) Never tell everything you know.
  #9  
Old 08-31-2008, 09:34 PM
Junior Member
  
Join Date: Aug 2008
Posts: 7

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
Senior Member
  
Join Date: Jun 2004
Posts: 7,532
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.
__________________
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.
  #11  
Old 09-01-2008, 03:46 PM
Junior Member
  
Join Date: Aug 2008
Posts: 7
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
Senior Member
  
Join Date: Jun 2004
Posts: 7,532
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).
__________________
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
Senior Member
  
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,045
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?
__________________
There are two rules for success:

(1) Never tell everything you know.
  #14  
Old 09-02-2008, 03:28 PM
Roo Roo is offline
Member
  
Join Date: May 2008
Location: Heart of America
Posts: 274
Methinks the OP got hit on the head a little harder than first thought.
  #15  
Old 09-03-2008, 07:21 PM
Junior Member
  
Join Date: Aug 2008
Posts: 7
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]
Reply
Page 1 of 2 1 2 >

« Previous Thread | Next Thread »


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Linear Mode Linear Mode
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:53 AM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top

IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.
FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.