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Thread: lawsuit question

  1. #11
    Lawsuits are tricky
    Sometimes a victim may think they are getting a appropriate amount but thing's can go backwards and some victims may end up with very little or nothing which is very sad .

  2. #12
    Quote Originally Posted by Mary Jane View Post
    I've always wanted to ask about this before my son settles his case which has be going on for 3 years but never saw it addressed before. He,got in the car with a drunk driver who only had $25,000 liability. The barowner is liabel for $5000 insurance that they had. And our insurance for underinsured mortorist is $35,000. There is nowhere for any more money to come from, unless he wanted to take the house of the bar owner which he doesn't.

    So he will have to sign this soon. It comes down to the settlement being $25,000 + $35,000 + $5,000. The lawyer will get 1/3 of the settlement and the rest will go to pay back any expenses that medicare has paid, even though he had private insurance at the time of the accident and still does, but it is in conjunction with Medicare. Medicare began 2 years after the accident.

    In essense, he will get absolutely nothing in monetary compensation. So I guess he will sign. The driver of the car has no possessions except another older car. What do you think?
    A little old lady caused my accident and she carried the minimum insurance, of 50,000 hell my initial hospital bill was 111,000. I didn't want to sue and possibly take her home but now she's dead and makes me kinda wish I had pursued it further because a year after my bills were in excess of 300,000 and they still are going up almost 9 yrs later. Just seems like this all has been so unfair to have been laid on my wife!!!

  3. #13
    It really helps to have a sense of humor about it. So many people are baffled by the notion of being paralyzed in a surgery and the system not siding with the victim. Because of this, it makes for a really funny, even if dark, situation to play on.

    I think finding humor in tragedy is the art of observing the absurd.


  4. #14
    Senior Member
    Join Date
    Mar 2002
    Location
    Aiken, SC USA
    Posts
    2,112

    Lawsuit

    I too, was paralyzed on the operating table. My wife was advised of the possible outcome and signed the pre-op waivers.

    No lawsuit from me.
    You C.A.N.
    Conquer Adversity Now

  5. #15
    mary jane im not trying to be rude or sound like im against you or your son but im sure others will jump on me for it. Who is there for your son to sue?? he willing got in the car with a drunk driver didn't he? im sorry for what happened to him and im not saying that he derves it but i dont see where there is anyone to try and get money from. He made a choice a very bad one. we can't sue someone everytime we make a bad choice we have to live with what we have done.
    Last edited by dispatchjen; 04-21-2011 at 05:17 PM.

  6. #16
    KLD is right. You need a life care plan that provides a realistic picture of the costs, and supports them with documentation. Often an economist is used as an additional consultant to do long term adjustments due to inflation. I have never done an LCP for a spinal cord injured person that had a total lifetime cost of less than 2 million. However, if the jury and judge are left to guess work, you could end up with a pittance.
    You will find a guide to preserving shoulder function @
    http://www.rstce.pitt.edu/RSTCE_Reso...imb_Injury.pdf

    See my personal webpage @
    http://cccforum55.freehostia.com/

  7. #17
    I should also add that in my state, the MAXIMUM you can get, by law, for "pain and suffering" is $250,000 (USA). There is no limit on the amount for actual projected life-time medical costs, so this makes an accurate and complete life care plan MUCH more critical in these cases.

    (KLD)

  8. #18
    Senior Member
    Join Date
    Feb 2010
    Location
    North of the 49
    Posts
    397
    good points.
    I know I have to talk to economist but there is a lot of other things to factor in to. Care, as a para I do pretty much everything but if my syrinx shoots up I need a caregiver and who is going to pay for that? It's hard to say if the syrinx will move or not but I'm no good with only one arm.

    And what about future wheelchair chair accessable vans? My first one is a 2010 VMI Odyssy which was retarded $$$, I will need 4 vans in my life time probable, theres damn near $350,00 right there. My famliy loved to camp, what about sueing for a truck and wheelchair accesable trailer?? Other wise I would be camping in a tent and loving it. And suring for labor for shoveling snow and mowing the grass and automotive repairs that I used to be able to do. the list goes on and on.

    I just get pissed off cause I was 0% at fault and I have to comprimise my whole life, I just want to make sure I get every penny I can since I have only one shot to do it.
    Mark 9:23 - All things are possible for those who believe.

  9. #19
    Don't get sparkled by the big numbers, focus on the life plan and create a future lifestyle that you want (camping, annual trip to Maui?) and of course retraining for a career because you along with everybody needs a job, disabled or not disabled. At the end of it I am a huge fan of structured settlements over lump sum cause the money has to last you a life time and over the years I've seen many a folk blow it. Good luck Bruce

  10. #20
    And your lawyer will tell you to NEVER ask legal questions on a bulletin board.
    Experts will have life care number crunchers. Address your issues with them.
    Get involved in politics as if your life depended on it, because it does. -- Justin Dart

    I shall not tolerate ignorance or hate speech on this site.

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