slip and fall on ice

[tunes]

What is the name of your state? massachusetts

My story: my wife slipped in the parking lot at work in 2005 during a snow storm. This basically wrecked her knee. The good news is that workman's comp has been paying her since and picked up her medical bills. In the last 2.5 years she has had 3 surgerys to try and correct the problem. All of these surgerys has kept her from living at home during recovery for months at a time. I'd estimate she spent at least 1 year away from home if not more living at her parents house where someone is there,and their house is all on one floor. Our house is a cape. She can no longer go up and down stairs very well and this is forcing us to build an addition on our house to provide a first floor bedroom and laundry. She constantly experiences pain still and can no longer sit or stand for too long a period of time. The restrictions imposed by the last independant medical examiner basically says she'll never be able to work again. She was in a management position making $40+K a year, she's now 30. Needless to say, this has changed our life drastically. We no longer share the same bed, as our bedroom was on the second floor and she now sleeps on a futon on the first floor. Our plans to start a family are now nullified. Things we used to do as a couple are no longer an option.

yes, we do have a lawyer. recomended by her surgeon (highly respected surgeon in his field)

Question is: her comp cuts off early next year, so we're trying get organized early. The lawyer wants to push for permant and total disability. he said the insurance company wanted to settle. However it is unlikely they will for a fair amount. Her wage loss for the rest of her life exceeds $1mil. In workmans comp figures, if they paid her permanent and total for the rest of her life amounts to about $750,000. Low end, for partial disability for 4 more years comes to $70,000. Our lawyer says there's no way they'll settle for $500,000+ and that they'd rather pay weekly and hope she meets some ill-fated early death. How far should we push? Can we sue for lack of consortium, seeing as this has put a serious damper on our marriage and sex life by not being together as much as we were? Eventhough our lawyer says there is no ability to sue for pain and suffering in Massachusetts for a slip and fall during "naturally occuring accumulation" of snow which was being removed at the time.

Thanks for any advice.

 

[Zigner]

If you were so worried about laying with your wife, you would have moved to the futon with her.

 

[cbg]

What do you think strangers on a message board can tell you that your lawyer, who is far more familiar with the facts of the case than we can possibly be, cannot?

In any case, it would be incredibly irresponsible for anyone here to try to second guess your lawyer.

 

[JustAPal00]

I guess I'm showing my ignorance here, but haw can a 30 year olds knee be so wrecked that she can never work again? Can't the knee be replaced at least? I tore my ACL, MCL, and meniscus, and was back playing hockey 8 months later. 5 years later I play without a brace!

 

[tunes]

JustApal-

Bone structure wise, things are where they should be according to the 2 doctors. However, given the pain she is still going through it has been suggested by her surgeon there may be nerve damage. Which he states there is noting they can do, and all a nerve specialist would do is stick her with needles, probably causing more pain, he does not recommend that. Cortizone shots had no effect. Doc's say she's too young for a replacement, as they are only good for 10 - 15 years and can only be done once.

 

[fcobarr]

Just curious, will you be in the same bedroom after the addition, or will she be downstairs and you be upstairs? Why not sell the cape and buy a ranch, seems like that would solve a lot of problems. If she is so disabled, it shouldn't be a problem to get the insurance to pay for home modification to accomodate her permanent disability?

Also, I don't understand what the knee has to do with having a family. You almost make it sound like she's wheel chair bound for the rest of her life and can't do a single thing any more. I just find that hard to believe as a result of a knee injury.

From the limited information you shared, I would conclude that you're trying to maximize your claim and benefits any way you can. Sorry, it just doesn't make all that much sense. At least to me. Good luck.

 

[seagoing]

Permanent Total for a bad knee is a reach for anyone ,yet alone a 30 yr old.Not trying to be a wisea** but,there are many people with no legs making big bucks,and having been in management will likely be a good candidate for a good paying desk job.W/c will go to ANY length to avoid perm /tot,including following her every move with a private eye.They will als require periodic reviews which means the she can have her benefits removed or lessened in the future.Unlees she is a quadrapelegic,with ision loss,its a tough fight,as said they can prove people with larger disabilities with good jobs.That all said,your atty.is wise to threaten with the perm.tot.thats what mine did.I happen to have 2 BAD knees(4 surgeries and need more)3 herniated disks,bad wrist and was LUCKY to get a settlement a bit over $100,000.I was awarded SSDI due to my disabilities and I'm in my 50's.My suggestion is,don't count your chickens**************. and think low,anything above is a plus.

 

[ecmst12]

If the problem is nerve and not bone, then a replacement won't help. I thought I'd heard of people having repeat knee replacements if they are young enough and healthy enough to tolerate the surgery, but I could be mistaken.