personal injury claim

[jhave]

jane havel, ny
injured right hand by putting it through an untempared glass pane accidentally while trying to stop a door from closing at a friends house. severed flexor tendon & digital nerve both 100%. admitted into hospital for plastic surgery to reatach tendon and nerve. follow up required special cast and hand physical therapy 3 times a week for up to 10-12 wks. i used my hmo to cover this emergency and i'm able to take time off from work with a std plan. wondering if i should file a personal injury claim with the homeowner even though i think most of the procedures except the hand therapy -which is an out of network practioner. the amount of time required from the accident to recover, plus disruption of daily life, not being able to drive or do anything with my right hand and being right handed is an extreme inconvenience. and not being able to return to work for the duration was depressing. am i entitled in this case to expect more than what my own insurance covers, but filing a personal injury claim?

 

[ALawyer]

This is one to go and see a personal injury or accident lawyer about. That lawyer will be in the very best position to assess your claim and the likelihood and extent of any recovery beyond medical expenses (that your health insurance covers) and loss of income for pain, suffering and any disfigurement or permanent residual damages.

Nearly always a significant recovery requires some finding of fault on the part of someone. It may be that the builder or door manufacturer, or a later repairman used a type of glass that was inappropriate, and thus would be liable. It may be that the placement of the door invites stoppping with one's hands, etc.

If your friend has homeowners insurance it likely will cover his or her exposure, and unlike your medical insurance (which pays for covered medical care only) pay for th loss of income and more than your health insurer.

BUT first see a lawyer NOW. That lawyer can assess the case and if there is a chance of a decent recovery, would take the case on a contingency fee basis, being paid out of any recovery he or she gets on your behalf.

Also, as your health insurance company may have "subrogation" rights to recover from the others, and could mess up your right to recovery, you'd be best off having a lawyer of your own handling things.