joyceygreen

He was off work for 3 months, his Company paid his salary not Workers Comp for long term disability (he was effectively 'on business' when the accident happened). His Company have been excellent and his Boss an absolute Diamond. My husband has been working from home since beg Feb and has been getting his normal salary. Luckily he is able to be very useful to his Company, even from an armchair.

dakota44

I'm assuming as a result of the accident he is receiving Workers Comp in some form..which I assume would be taking care of medical costs.

If that's the case, there should be no medical claims to sue for. Lost wages? It seems his company is still paying him, so not sure how that works except as to bonuses. Not familiar with Workers Comp there, but I know here they pay for loss of income..or what they call economic loss. In cases where the worker can return to employment they will also pay for non-economic loss such as a permanent disability or injury resulting in loss of normal function in some way or reduction in quality of life, pain, mobility etc. If the worker can only work less hours or at lower wage, they pay the difference in lost wages.

I'm finding it hard to imagine that a lawsuit would be a wise idea. In many nstances, again not sure about there, when money is obtained from a second source as a result of work related injury Workers Comp can lay claim to it. No double dipping allowed. Here you need to decide whether you wish to pursue Comp or a lawsuit. You can;t do both. If you choose lawsuit, you're pooched.

bettyboop80

So your husband has recieved full salary for the entire time and yet you still want $350,000 more???

abboy

You do what your heat think but IMHO , if your again husband broken wrist and knees heal and be able to use them and be able to work again with receiving the same salary then you should get on with your lives. Just chase after the medical expenses and the three month lose of wages ( will this cost $350,000?).I am sure the old lady is also emotionally and psychologically affected to what happened.

My neighbor child was run over by a big truck, the child is black and blue with tubes all over his body for a week, he has one leg amputated, stayed in the hospital for just 6 weeks and now at home getting on with his life, going to school and playing and riding bike with my children.. I think my neighbor has more creditable reason to sue for more money but they are still considering whether to sue for more because of the driver situation.

bettyboop80

She just said above, there werent even any loss of wages, her husband was paid full salary for the entire time!!

abboy

Is that so , then why is she chasing more? If all the body parts are still there and can still be used normally and earning the same income, what is the creditable reason to sue?

Bob

Though you have to think long term, you don't get a second chance to sue do ya....and if your knee's kippered and you were a sporty person, and suddenly aren't able to take part in sports like mountain biking, hiking etc, that's a big ding in someone's quality of life, not to mention artheritis isn't much fun....and then you have the long term effects of not being physically active - getting fat, heart problems etc, there all knock on's from getting a leg knackered, and a wrist knackered.

I know I'd sue for a potential of a life time loss of salary with pay increases and inflation if my wrist got knackered, but then I work on a puter all day doing 3D stuff, and wouldn't be able to do that very comfortably all day.

dakota44

Yes. So we're on to seeking the pot of gold at the end of the rainbow. Drop the idea of a lawsuit. It's making you look bad even thinking about it, given no real financial loss and the fact that Workers Comp is involved.

dakota44

But the long term situation is protected by Workers Comp.

Macieo

This same thing happened to my husband last year except he was the one that ran over someone on a motorcycle. His accident was not as bad though no one was hurt and the man in question drove off fine saying he was fine with only a small cut on his hand. In my husbands issue he was pulling out at 5 in the morning going on a work trip it was dark still and the 80 year old man he hit did not have his lights on or a helmet. My husband was at fault even though the man did not have his lights on and admitted it because of the law in Florida. The man had medical coverage through the VA was retired and was clearly not hurt at the time but we got a call from a lawyer that very day and we did not have much insurance at the time. He eventually accepted a 25,000 insurance claim from are insurance company (thank god) otherwise he was going to be going after us. We did not have much so that would have been very stressful. I see your issue is different we now have more insurance coverage after this happened but you have to do what's right for you. Just think though can you actually even get anything out of the person? This really is a personal choice for you.

Bob

hardly....65% salary potential...doesn't pay for loss in quality of life nor health.

penguinsix

Given the financial situation, you're unlikely to recover very much. In many states, if someone is elderly their home is protected against seizure in some situations. There is no court that is going to kick her out onto street. So if she declares bankruptcy ('goes into administration') she will probably be able to protect her home against you (the creditor) and a certain amount of her monthly income.

And then there is plan B--where she just ignores your bills. What are they going to do? Arrest her, throw her in to debtors prison for not paying you? You might (after many years of trying to collect) be able to get a seizure order where you could go (with a Sheriff's deputy) and collect all her knick knacks and TV and sell it on ebay, but doubtful that would make you financially 'whole' once again.

And on top of that, you might end up in a jury trial in Texas. While you certainly have a case (a winnable case) having Miss Blue Haired Old Lady living on a fixed income on the stand testifying, and then having you testifying (with an accent, maybe a bit of attitude that might considered standoffish or snobbish (as most people see Brits)) is going to get into a sympathy issue amongst some jurors. Very possible they might side for you, but award damages of $1 or something. (Note: this is a worst case scenario for you, but entirely possible)

The real question is 'can you live with yourself' if you sue her? I mean, you have a right to sue her, you have a case, but is it going to make you feel better? It might compensate some of your expenses, but at the end of the day...even with the money, are you going to feel "it's over"?

Or she might win the lottery next month and become a millionaire and you are out of luck.

This is entirely covered by Texas state law as far I can tell. You should find out what the statute of limitations is in Texas for these sort of cases (i.e. how long you can think about suing before you do) and plan out what to do next. Sorry there is no easy answer, but in the end, it really is your decision.

scrubbedexpat099

Medical Expenses on an Auto policy is usually just something for paying deductibles or to use as a no fault benefit for others involved.

AEG or AIG? Are they the Motor Insurers or the Medical Insurers? It would be standard practice for Medical Insurers to seek re-imbursement, and despite what has been said they will be more practical about it, money to be had, they will get it.

Not sure if this works, fairly sure it does not, but it would be a legal arguement

Sounds more like your limit, your exposure is the difference between this and your total assets, the biggest of which is usually future income stream.

scrubbedexpat099

WC varies by State, I do not know the PA requirements, or Texas, but it is limited.

In any accident the usually biggy if future loss of earnings/pain and suffering/ loss of enjoyment etc. Which of course are less clear from a direct monetary value.

I think some of the negative comments here are incredibly harsh. I have a feeling that views would be different if they had been the ones in that situation.

dunroving

If the old lady was your grandmother, would you sue her? I think the answer to your question is right there.