Medical Bills Violent Crime

[Tjking2]

What is the name of your state (only U.S. law)? Incident happened in Florida however I live in New Jersey
Son 22yrs old was shot when living and working in Florida. Victim of Home Invasion and Aggrevated assualt. Son has medical coverage under fathers health insurance. Coverage very limited due to Out of Network.
Who is responsible for unpaid bills? Son who is 22yrs old and not a minor,father who son has coverage under or Victim Compensation of Floria?

Terrified I will be the victim of paying tens of thousands of dollars in medical bills !!'

 

[ShyCat]

What is the name of your state (only U.S. law)? Incident happened in Florida however I live in New Jersey

You'll need to provide some details and ask a question if you want any help.

 

[cbg]

The person who incurred the bills is the one who is responsible for payment UNLESS someone else signed that they would be responsible.

 

[Tjking2]

The person who incurred the bills is the one who is responsible for payment UNLESS someone else signed that they would be responsible.

By virtue of my son being under my plan does imply responsibility and makes me the person who is responsible for payment?

 

[Zigner]

By virtue of my son being under my plan does imply responsibility and makes me the person who is responsible for payment?

No (even though the hospital and/or the [eventual] bill collectors might try to make you think otherwise.)

 

[quincy]

By virtue of my son being under my plan does imply responsibility and makes me the person who is responsible for payment?

The person who shot your son is responsible for your son's medical expenses. When the person is arrested, charged and convicted, your son will be eligible for court-ordered restitution.

Your son can also sue the person for damages to cover his medical costs.

Has your son sought out legal assistance in Florida? He should.

Here is a link to Florida's Attorney General with Crime Victims Services: http://myfloridalegal.com/pages.nsf/Main/B371D29EBE5C97748525749C00518B58

And here is a link to a 2007 FreeAdvice interview with Florida attorney Jason Turchin on "Florida Crime Victims' Rights and Civil Lawsuits" that is informative: http://criminal-law.freeadvice.com/criminal-law/criminal-law/florida-crime-victims-law.htm

 

[Tjking2]

Reply

The person who shot your son is responsible for your son's medical expenses. When the person is arrested, charged and convicted, your son will be eligible for court-ordered restitution.

Your son can also sue the person for damages to cover his medical costs.

Has your son sought out legal assistance in Florida? He should.

The individuals were caught five days later.
There net worth is about two cents combined .

I am in the process of applying ..... rather my son is in the process of applying to Florida Violent Crimes Compensation Board for assistance.
They will help with some money however there will still be monies owed.

I believe my son has a good case for a civil lawsuit against the building owner were he was living and the so called security company that handles the buildings security.
I mean the kid was cooking dinner in the apartment he just moved into . It was his roommate (lease in roommates name) that the intruders had a argument with. They then left
the apartment and returned with guns. Shot the roommate and when my son entered the room from the kitchen were as mention before he was cooking dinner.
He was approached by the would be gun man and told, " Give me one good reason why I should not shoot you". Then he shot my son.

So to answer your question the prosecutor is handling the criminal investigation and prosecution. My son is the victim and cooperating.
The civil lawsuit that I believe my son has ....No lawyer has been contacted yet

 

[Zigner]

I don't understand why you think there is a lawsuit to be had against the apartment.

 

[quincy]

The individuals were caught five days later.
There net worth is about two cents combined .

I am in the process of applying ..... rather my son is in the process of applying to Florida Violent Crimes Compensation Board for assistance.
They will help with some money however there will still be monies owed.

I believe my son has a good case for a civil lawsuit against the building owner were he was living and the so called security company that handles the buildings security.
I mean the kid was cooking dinner in the apartment he just moved into . It was his roommate (lease in roommates name) that the intruders had a argument with. They then left
the apartment and returned with guns. Shot the roommate and when my son entered the room from the kitchen were as mention before he was cooking dinner.
He was approached by the would be gun man and told, " Give me one good reason why I should not shoot you". Then he shot my son.

So to answer your question the prosecutor is handling the criminal investigation and prosecution. My son is the victim and cooperating.
The civil lawsuit that I believe my son has ....No lawyer has been contacted yet

I hope your son will have a full recovery. How horrible for your son, and how horrible for you.

It is good that those responsible were captured and will be prosecuted. It is not all that surprising that the shooters have no money but any money or assets that they do have, now or in the future, can be diverted to help pay your son's expenses.

I think having your son consult with an attorney to explore his legal options would be smart.

Good luck.

 

[quincy]

I don't understand why you think there is a lawsuit to be had against the apartment.

Liability can be shared with the apartment if certain conditions are met.

A lot can depend on how the rentals were advertised - the type and extent of security promised a tenant, for example - and if standard security measures were met - locks on doors and windows, for example.

This would be an area worth exploring with the attorney.

 

[Zigner]

Liability can be shared with the apartment if certain conditions are met.

A lot can depend on how the rentals were advertised - the type and extent of security promised a tenant, for example - and if standard security measures were met - locks on doors and windows, for example.

This would be an area worth exploring with the attorney.

He was a sublessee.

 

[quincy]

He was a sublessee.

First, I was not saying that there is an action to consider against the property owner ... only that this is an option that should be explored.

The law does not preclude a sublessee (or a guest of a tenant) from seeking legal recourse against a negligent property owner. In addition, and if the roommate is still alive after being shot, there could also (potentially) be an action to consider against the roommate.

Facts will always matter in law and we cannot hope on a forum to uncover all of the facts necessary to rule out possibilities. The attorney the son sees should be able to tell the son what options are worth considering and what options are not available to consider based on the facts.

 

[Zigner]

First, I was not saying that there is an action to consider against the property owner ... only that this is an option that should be explored.

The law does not preclude a sublessee (or a guest of a tenant) from seeking legal recourse against a negligent property owner. In addition, and if the roommate is still alive after being shot, there could also (potentially) be an action to consider against the roommate.

Facts will always matter in law and we cannot hope on a forum to uncover all of the facts necessary to rule out possibilities. The attorney the son sees should be able to tell the son what options are worth considering and what options are not available to consider based on the facts.

Fair enough

 

[quincy]

Fair enough

In the FreeAdvice interview with Florida attorney Jason Turchin, Turchin discusses many of the questions an attorney will ask, and what areas the attorney will explore, when representing a victim of a crime. I think it is worth a read.

 

[Tjking2]

In the FreeAdvice interview with Florida attorney Jason Turchin, Turchin discusses many of the questions an attorney will ask, and what areas the attorney will explore, when representing a victim of a crime. I think it is worth a read.

I checked out the site. Also while searching the internet I found a bit of info that might be helpful. Chapter 7 bankruptcy. It clears all unsured debt INCLUDING MEDIcAL BILLS. He qualifies as he made under the Median Household Income for a 1 person family in New Jersey and/or Florida.