What is the name of your state? The suit is in Texas. I live in Louisiana.
I am just worried in general about this. I have been consumed by it. Here it is.
My husband was a driver/trainer for a very large trucking company in Texas. He had a dedicated run from California to Florida. While in California, the trainee drove the 18 wheeler off the road to a very rocky area beyong the shoulder. He claimed a white car swerved in front of him and he tried to avoid it. No one believes this. My husband was in the sleeper. He was thrown around in the cab. They had to pry him out. They flew him to a hospital. The hospital xrayed him and released him that evening. He flew back to Texas two days later to recuperate (or so we thought). 9 days later, after seeing three doctors, trying to cooperate with an MRI but couldn't because he hurt so bad, he dropped dead. I asked for an autopsy because I was shocked. The ME ruled in an accident, work involved. She stated he developed pneumonia because his body couldn't inhale/exhale appropriately due to pain and pain medication. I was not interested in any settlement from the company. I only wanted worker's compensation for a couple of years so I could grieve (and I also had to put our house back together from Katrina). They lied and stalled for 6 months and then told me he didn't die from the accident.
I then became angry. I sought an attorney in Louisiana. He sought an attorney in Texas. Suit was filed as they determined after 4 months that this company was one of the few in Texas that did not participate in Workmen's Compensation. They are also self insured. Accordingly, suit can be brought against them. (If they had belonged to Workmen's Compensation suit could not be brought against them in Texas.)
We had the depositions already. The ME of Dallas County stated that yes he absolutely died as a result of this accident. She explained physiologically how it occurred.
I am just curious if anyone knows l) how long does something like this take; and 2) what are the chances of winning or receiving a settlement. I don't really care how much. It was and is not about money for me. It was and is about doing what is right for an employee's family after he was very loyal and dedicated for 15 years.
Thank you even if no one knows. It just helps to write this somehow.
wkmj
I am just worried in general about this. I have been consumed by it. Here it is.
My husband was a driver/trainer for a very large trucking company in Texas. He had a dedicated run from California to Florida. While in California, the trainee drove the 18 wheeler off the road to a very rocky area beyong the shoulder. He claimed a white car swerved in front of him and he tried to avoid it. No one believes this. My husband was in the sleeper. He was thrown around in the cab. They had to pry him out. They flew him to a hospital. The hospital xrayed him and released him that evening. He flew back to Texas two days later to recuperate (or so we thought). 9 days later, after seeing three doctors, trying to cooperate with an MRI but couldn't because he hurt so bad, he dropped dead. I asked for an autopsy because I was shocked. The ME ruled in an accident, work involved. She stated he developed pneumonia because his body couldn't inhale/exhale appropriately due to pain and pain medication. I was not interested in any settlement from the company. I only wanted worker's compensation for a couple of years so I could grieve (and I also had to put our house back together from Katrina). They lied and stalled for 6 months and then told me he didn't die from the accident.
I then became angry. I sought an attorney in Louisiana. He sought an attorney in Texas. Suit was filed as they determined after 4 months that this company was one of the few in Texas that did not participate in Workmen's Compensation. They are also self insured. Accordingly, suit can be brought against them. (If they had belonged to Workmen's Compensation suit could not be brought against them in Texas.)
We had the depositions already. The ME of Dallas County stated that yes he absolutely died as a result of this accident. She explained physiologically how it occurred.
I am just curious if anyone knows l) how long does something like this take; and 2) what are the chances of winning or receiving a settlement. I don't really care how much. It was and is not about money for me. It was and is about doing what is right for an employee's family after he was very loyal and dedicated for 15 years.
Thank you even if no one knows. It just helps to write this somehow.
wkmj