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.
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.