dakota44

almost broke it. paralyzed both arms temporarily and had a central spinal cord concussion. The result is damage to the discs in my neck and nerve damage that causes serious pain in both arms every day. But..I deal with it.

No idea how that woman can sue KMart unless there was employer negligence.

scrubbedexpat099

Anybody can sue

Getting an award, paid, is the tricky bit.

g1ant

The woman made one mistake, and you want to take her house??

Bob

unless she's got somin' else more valuable

scrubbedexpat099

Most people would prefer cash.

Somebody will suffer financially, so should it be the person who caused the issue or the victim?

In this case my money is on both.

Lynne

Joy:

I will thoroughly read your post when I get to work but let me answer one thing. First off, I work in personal injury as a paralegal. Our cases consist of representing Plaintiff's in MVA's.

If the lady has a $50,000.00 policy limit then it doesn't matter whether you have $10,000.00 or $10 million of medical bills all the insurance company will pay is $50,000.00. Do you have uninsured or underinsured motorists coverage on your own vehicles? If so, you can claim that is the damages are significant.

Also, if you have health insurance you need to get them to pay the bills and then you can subrogate once a settlement is reached. Also bear in mind the big deal right now. Depending which state you live in you will have a statute of limitations. Here in Alabama it is two years, in Tennessee I believe it is one. For us here in AL it means you have two years from the date of the wreck to file a lawsuit or settle or you are SOL.

Also bear in mind that once you release the tortfeasor (i.e. sign a release and get a check) you cannot go back and claim again. If you husband is still treating then it is wise not to even consider a settlement until that treatment is concluded and when it gets to within a month of the statute running out, file a lawsuit to protect your own interest. Once the suit is filed, the limitation is tolled.

The lady may have property but actually getting your money would not be easy since you would have to sue and if successful getting a judgment you would then have to collect on it. The lady's house may be worth $100,000 but she could be mortgaged up to the hilt in which case collecting on a judgment would take years if you could get anything.

I will probably PM you with other info once I have read your post, am just off to work.

Lynne

scrubbedexpat099

I think the points that you mentioned have been covered.

The only issue remaining is whether if there is money to be had the OP should and could get in before anybody else.

Tegwyn

I understand the need for compensation for medical expenses and lost income as a result of the accident but it bugs me no end how people need to milk a cash cow simply because they can. We all get nailed financially in the end because of this mentality. Oh, and I have two trashed knees as well.

scrubbedexpat099

http://www.denverpost.com/search/ci_5315659

A local news story, their knee situation is a bit more serious.

So they should get medical expenses and lost income (none) and call it quits?

bettyboop80

LOST legs affect you more than a broken knee so this is not even comparable. Its like comparing a broken wrist to amputated arms.

dakota44

Not workers compensation related. So not the same issue at all. Clearly they are entitled to a huge settlement if it is possible. This thread was about someone injured while on the job and therefore covered by workers comp. Not to mention the injury level is massively different.

So...apples and oranges.

Duncan Roberts

Depending on the type of break, there might not be as much of a difference long term as you think.

scrubbedexpat099

Why would the WC aspect have any impact?

I assume they were covered under their parents Medical Insurance, but there was also a community collection.

There was a discussion on the local radio about what her punishment, if any, should be. My thought was that the settlement will most likely comfortably exceed her Insurance limits, and certainly in Colorado the parents are jointly financially responsible, so most likely they will be bankrupted, any issue with this? From what I can gather it was a new driver one of those things, no doubt she will always regret it, but negligent none the less.

And so probably will her parents....

It is not chalk and cheese, just a question of scale.

I also have a dodgy knee, not anybody elses fault and not that bad. But if it was worse and I could not do many of the things I enjoy doing, well that would be very different.

Bob

true, my brother broke his arm in a work accident, he couldn't use it very much for a year, triple compounded fracture just below the shoulder joint...

dakota44

WC was mentioned because the thread was begun about an accident that is covered by WC...thus limiting the ability to sue or benefit much from it.

Personally I think lawsuits have gone out of control. Everyone who is seriously injured in an accident caused by someone else, and must suffer some serious consequence for life, should be adequately compensated. But when juries start awarding 50 million dollar judgements..it's getting out of hand. The rub is deciding how much is enough.