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Injuries Exceed Coverage

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

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MelissaKinVA

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What is the name of your state (only U.S. law)? Virginia

In December 2008, I was hit head-on by a careless driver and spent six weeks in the hospital having multiple surgeries. I am still out on disability and will have to have at least one more major operation (an artificial hip), hopefully in November of this year.

The attorneys with which we spoke after the accident were not eager to take my case. I did not have medical insurance and both the at-fault driver and I carried only the state allowed minimum coverage. Given the extensiveness of my surgeries, the length of my hospital stays, the future surgeries and the small amount of money recoverable from the insurance company, they were adamant that I wouldn’t see any money and it would be lots of work with little profit for them. They suggested that I wait until my surgeries were finalized and file the claim before the two-year statute of limitations ran out.

Both attorneys were of the opinion that suing the at-fault driver directly would be futile. The fear was that, given his age, status and the economy, he would likely just file for bankruptcy. So, even though a jury would assuredly award me enough to cover my medical bills and try to compensate for my losses, I’d still never see a dime (and neither would the hospital or Medicaid).

I long ago accepted the fact that I will not receive any monetary settlement for the two years of hell I’ve been through. But, I have a really hard time accepting that I’m going to be in debt. In addition to the actual accident related hospital bills, I also had a surgery for a hernia (that the doctor said could very well have been caused by straining using crutches and lifting my “bad” leg), and I have about $600 worth of prescriptions for which I have to pay out-of-pocket monthly.

I also had to borrow thousands of dollars from friends and family during the five-month no income waiting period for my Social Security Disability to be granted. With three children, rent, utilities, etc. and little to no savings... we would not have made it those months.

My questions are:

Does what I was told by the other attorneys hold water?

Should the insurance company pay all of the medical bills… not just MCV (the hospital) and Medicaid? Can I submit the hundreds of dollars a month I pay for prescriptions and GP visits?

Is there a way to have my personal loans paid through the settlement? Should I have the lenders file a suit and lien against me?

Thanks!
MelissaWhat is the name of your state (only U.S. law)?
 


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