katiekate32
Member
What is the name of your state (only U.S. law)? CO
My mother (who is 85 years old) was hit but the stack of shopping carts being driven by the motorized cart handled by the walmart employee in charge of collecting the carts and bringing them into the building.
She was standing in front of a line of carts inside the store, about to reach for one of them; when the employee rammed the stack of carts from the other end.
She was knocked over backwards and slammed her head on the floor. She was knocked out.
My father (who is 89 years old...and has suffered from a couple of minor strokes) was there. Walmart called an ambulance. She was transported to the hospital. When she woke, her clothing was soiled..and on top of everything else was totally embarassed by it. They had her strapped onto a board and kept tied down for a hours while they did MRI and Xrays. She could not change her clothing. She was not apparently suffering any damage...but had headaches for a few weeks after.
About a month later, she was contacted by someone with walmart insurance company. The man talked too fast, and not loud enough for my Mother to hear or understand him. I took the phone when she asked that I talk with him. He said he needed her signature to get the medical records concerning this. I told him to send them out.
About a month after than, he called back again....wanted to know if she was still having headaches..or seeing a doctor about it still. I asked Mom his questions, and she said that she wasn't having the headaches any more. I told him what she said.
A few weeks later, he called again. Again..talking too fast and not loud enough..I took the phone.
He offered her $2500 and she would have to pay the ambulance fee ($964.00) from that amount. I told him that I thought that was an insult given what she was put through...but..it wasn't my decision..I would tell Mom what he said. He called back a week later..I told him that Mom was willing to settle right away if she got $5,964..and she would pay the ambulance from that. He refused..got mad..said "we had an agreement!" There was no agreement I told him. Well, he said we had an "understanding"... we had no understanding. I was only the person passing on the message.
He tried to tell me that he couldn't offer more because that was the limit permitted by Medicare....huh? that sounds like crap to me. He said that it would be many many months before there could be any other settlement and maybe not even that much.
OK...I'd like to convince my Mom to go to a lawyer and sue for the largest amount of money she could ever possibly get. These people never once expressed regret for what happened to her, or acknowledged how horrible this was for her. (ever been strapped to one of those boards? is becomes quite painful very quickly, she was kept like that for hours.) If this were me, I would be seeking $2,000 per hour for that.
What should I advise my Mom? She isn't the type to make a huge issue out of her medical issues.
My mother (who is 85 years old) was hit but the stack of shopping carts being driven by the motorized cart handled by the walmart employee in charge of collecting the carts and bringing them into the building.
She was standing in front of a line of carts inside the store, about to reach for one of them; when the employee rammed the stack of carts from the other end.
She was knocked over backwards and slammed her head on the floor. She was knocked out.
My father (who is 89 years old...and has suffered from a couple of minor strokes) was there. Walmart called an ambulance. She was transported to the hospital. When she woke, her clothing was soiled..and on top of everything else was totally embarassed by it. They had her strapped onto a board and kept tied down for a hours while they did MRI and Xrays. She could not change her clothing. She was not apparently suffering any damage...but had headaches for a few weeks after.
About a month later, she was contacted by someone with walmart insurance company. The man talked too fast, and not loud enough for my Mother to hear or understand him. I took the phone when she asked that I talk with him. He said he needed her signature to get the medical records concerning this. I told him to send them out.
About a month after than, he called back again....wanted to know if she was still having headaches..or seeing a doctor about it still. I asked Mom his questions, and she said that she wasn't having the headaches any more. I told him what she said.
A few weeks later, he called again. Again..talking too fast and not loud enough..I took the phone.
He offered her $2500 and she would have to pay the ambulance fee ($964.00) from that amount. I told him that I thought that was an insult given what she was put through...but..it wasn't my decision..I would tell Mom what he said. He called back a week later..I told him that Mom was willing to settle right away if she got $5,964..and she would pay the ambulance from that. He refused..got mad..said "we had an agreement!" There was no agreement I told him. Well, he said we had an "understanding"... we had no understanding. I was only the person passing on the message.
He tried to tell me that he couldn't offer more because that was the limit permitted by Medicare....huh? that sounds like crap to me. He said that it would be many many months before there could be any other settlement and maybe not even that much.
OK...I'd like to convince my Mom to go to a lawyer and sue for the largest amount of money she could ever possibly get. These people never once expressed regret for what happened to her, or acknowledged how horrible this was for her. (ever been strapped to one of those boards? is becomes quite painful very quickly, she was kept like that for hours.) If this were me, I would be seeking $2,000 per hour for that.
What should I advise my Mom? She isn't the type to make a huge issue out of her medical issues.
