Say somebody hurts me through negligence and I am hospitalized.  Will I lose my right to sue simply because my own insurance has my medical bills covered? Or if I can still sue, will my damages be limited simply because I am insured? But in that case, won't the tortfeasor be the one who is reaping the benefits of my insurance?
123761
It depends on your state law or the law of the state where the accident happened, and if it was a motor vehicle accident.\nIf the latter, and you are in a "no-fault" state, you cannot sue unless your damages are over a certain amount.\n\nIf it was not a mv accident, you can sue, but in many states, your insurance company will be subrogated, meaning they get back what they paid out and you keep the rest. This law and the customs vary so much from state to state, you really need to talk to a local lawyer about it.
557028
Good Samaratin laws should protect you, unless you have training as a qualified medical profesional.  They could sue you , shoot, if a woman can sue McDonolds for spilling coffee on her own lap you can sue for pretty much anything, but if you hired a decent lawyer, I doubt it would go anywere.
292734
I think you first must try to resolve the matter directly with the restaurant before you can pursue suing them.  Most businesses would be responsive and would pay your medical bills, maybe a little more.  But in order to sue, your injury must have been significant, or no lawyer would take the case on a contingency basis (for about 1/3 of your award.)  If you sued via paying the lawyer an hourly rate, you would be chancing losing that amount of money.
630325
If the cause of the injury is a result of the negligence of the home owner, then you might have a claim.  You would make a claim to the home owner's insurance or, in the alternative, you'd file a lawsuit against the homeowner.\n\nHowever, if the home owner is not liable for the child's injuries, the insurance carrier will simply deny your claim.  It depends on the circumstances surrounding what caused the accident.\n\nI would ask a personal injury attorney if your case has merit.
315446
You can definitely sue them for this.It was a complete violation of your patient rights and the law gives you the space to do so.I would contact a personal injury attorney first to see if they can help you if not they should be able to recommend one for u.\n\nGood luck with this and I'm sorry this happened to you.
264619
Technically, it is possible to sue almost anyone, but that's not your question, really.  Your question is whether it is worth the filing fee; can you win?  And for that, you need to tell the details to a liability attorney and see if they are willing to take the case on contingency fee.  If you have a complaint but can't find a lawyer willing to gamble his time and expertise to winning it, then it's probably because none of the ones you spoke to think it has much chance of winning.\n\nOne thing is in order to win a liability case, you have to be able to prove damages.  What, exactly, did you lose?  You will need documentation, of course.\n\nSo go ahead and try.  Visit with several plaintiffs' attorneys and see if they will take you up on it.
471049
Every state has there own version of workers comp laws which in my opinion is utterly ridiculous however, most seem to have a common guideline.\nIn NYS, you are entitled to your own physician and his/her decisions and treatment generally prevail. However, the state permits IME's for the insurance companies to which they have abused the privilage beyond comprehension! In most instances, the judges will rule in favor of your physician but we do have a couple of "insurance" judges hearing cases and filling their pockets as we all know how the system works!\nI would complain LOUDLY to my own doctor and request an MRI and possibly a second opinion from a neurologist who specializes in that field.\nDO NOT LET THE INSURANCE COMPANY DOCTOR TAKE YOU FOR A RIDE!!!!! He gets paid by the insurance company so he is naturally going to write what they would like to hear! It is his "bread and butter" to which he could care less about you! It's sort of the "American" way---MONEY FIRST-MORALS LATER!!!!Keep in mind you are putting your future in someone elses hands that has one thought and one thought only---MONEY!!!!!!\nYou have an entire life ahead of you that this injury may come back to haunt you in the future so make darn sure you take that in to account NOW!!!! STAND YOUR GROUND! GET A COMP ATTORNEY ASAP!!!!!!
306893
Unfortunately, no.  It varies.  I say unfortunately because the tort system is the best system in the world. It assigns responsibility to those who cause harm.  In a perfect world each person would be responsible for their own actions. If they caused harm they would pay for the harm caused and then some.  However in some states the insurance industry has lobbied to do away with such laws and call it "no fault."  However in "no fault" states, individuals get less compensation and have no where else to turn.  The law takes away their individual rights.  This is the same in states that have limits on how much you can sue a doctor for when he causes death or injury.  \n\nSome states and many Republicans believe that limits of 250,000 is enough to compensate for the death of a child, stay at home mom, young single adult or elderly person - essentially a non-bread winner.  This places the accent of the law in a group of people who the law sets above everyone else - doctors and their insurance companies guaranteeing them a profit rather than allowing the individual to seek full justice.  Placing the accent on the group (the doctors) means that the government has decided "the greatest good for the greatest number."  \n\nThis is not our American system, but that of Jeramey Bentham. Our County was founded upon Lockes the two tresises of Government, upon Jefferson and Adams - the individual matters.  These days, the individual is only worth 250,000 and unless you help change that then your auto case will be worth nothing too.  \n\nSo sit on juries and make sure that you don't just blame the poor sole who was injuried for suing some company - place the responsibility on the company or person who is the defendant - they are denying responsibility and trying to play you for a fool by blaming the injured party or claiming that he wasn't injured too badly or that his medical costs were too high - rather than accepting responsibility.  As a juror - you are Karma - you make justice.  So vote and serve on a jury and find for the plaintiff.  When awarding damages don't be shy to give full justice not half justice as money is inferior - so give a lot.
558398
Our legal system is based in English law, My question to you is how do you differentiate between a frivolous lawsuit and one that has merit. If a Dr. cuts off the wrong leg shouldn't he be held responsible for it. I know that is extreme, but some company's put out dangerous products and without a warning some people would get hurt. How do you best decide who is responsible if not in a court of law. I admit some lawsuits are just plain wrong, but how would you suppose that it be decided.
306392
Although in general a person is not liable for accidental injuries when that person was not careless or reckless, husbands and wives have special obligations to each other, including legal obligations of support; and a husband may  very well be liable for his wife's medical expenses no matter how they were caused. It comes under the rule of "necessities"--food, clothing, shelter, etc.
299907
Perhaps:\n\nYes you are covered by the institutions liability insurance, but this is also true of MD's and PharmD.  They get there own because they want someone fighting in their corner fighting for there best interests and not the hospital or pharmacy.\n\nTechs have liability when they make a mistake regardless of who checks it, however it is doubtful a lawyer would sue because they do not have the deep pockets a MD, PharmD, Hospital, Chain pharmacy have.\n\nSo theoretically Yes they should, in reality I doubt it is necessary.  The profession is changing as techs gain more and more responsibilities so this could change in a few years.
657262
Hmmm..might want to talk to a lawyer.  All insurance companies will do whatever they can do to pass the buck onto someone else so they can save money.\n\nRealistically though, that's why people have homeowner's insurance - to cover accidents that happen at their home.  Whether or not your friend wants to make an insurance claim or pay you out of their own pocket is their choice, but either way, your FRIEND should be covering your medical costs as well as any lost work income you had.\n\nIn fact, they should be grateful that you are not suing for more, because you could legally get pain and suffering too!\n\nNot all insurance companies drop on one claim.  I had State Farm and had two $5K claims in the first 9 months I had the house and they didn't drop me or raise my rates (to my surprise).\n\nIn any case, your insurance company does have the right to go after your friend (if the friend doesn't turn over the insurance info) and you probably ARE legally compelled to cooperate.  Check your own insurance contract.  Otherwise your ins co might be able to refuse the claim.\n\nPlus you are still out a week or more's income.\n\nJeez..you sound like a great and caring friend, but your friend is more concerned with his own pocket than your welfare.   I'd ditch the friend and hire a lawyer to sue them!
448684
I am a paramedic and have to deal with Malpractice lawsuits from patients on a regular basis.  This is not due to a lack of patient care on my part, but more that the individual is looking to make a quick buck.  The health care system is here to help and I promise you that the medical professionals that work in the system are not making a fraction of what your insurance pays.  The small private clinics, like the one you went to, are a gray area.  You should talk with the Podiatrist and share your concerns with them and find out why he provided you with the care that they did.  If in the long run, you decide to sue, make sure the money your asking for is appropriate and dont pull that "mental anguish" crap.  Medical professionals are only human and cannot be expected to be perfect.
574022
maybe not sue but they should pay for any medical expenses if  their neglect caused the problem.  if you know for a fact the several people have tripped over the same area and the business knows about the hazard and refuses to do anything about it yes you might have a case.\n\nBUT\n\nIf you tripped over you own two feet the business could not have prevented that , you might think about suing your parents though.  you probable inherited big feet or being clumsy from them.  So they are more at fault then the business is especially if you are always tripping over things even when there is nothing there to trip over.
194301
I agree, get a lawyer. Too many posibilities and not enough clarification with your question. Most Doctors practicing medicine today carry  malpractice insurance. If the Doctor is clearly at fault you may have an easier time finding representation via a lawyer as they can expect a payout even if you can't afford one now.
200474
Please don't quote me, as I'm not a lawyer, but just giving general advice based on what I have learned.\n\nWhile you do have the right to seek medical care for your son that is satisfactory to you, your son's health comes before your satisfaction as far as the state is concerned. It is possible that the doctors at the hospital that you signed him out of assumed that you hadn't taken him elsewhere for treatment, and instead just decided to forgo treatment, in which case they would have called the state with a complaint of neglect. That to me seems the most likely possibility. It is also possible that the state decided that wherever you took your son wasn't giving him a quality level of treatment.\n\nThe best thing you can do is to consult with a lawyer if you haven't already. There are many lawyers who won't charge you unless they take the case and go to court, and some still that will only charge you if you win your case. If you can't find a lawyer who will help you, ask one for a reference to someone who can. \n\nI wish you the best of luck, and hope you get this issue resolved.
101848
Ha Ha Ha, there isn't any Workman's comp. I was hurt for over a year, and I filed for Workman's comp because you have that right to, but they wouldn't pay for anything. The Deal is now since the president made the new you can't sue any one law. This was at the top of the list. The provisions only protect the companies from you the employee from suing them. You would only receive 2/3 of your original wages anyway. You will have to get a lawyer to pursue it, and they are going to take part of the recovery. This was the plan to keep people from filing. You would end up with nothing in the end, and most likely sued by someone over medical bills. I had to go on Medicaid to be able to seek medical help for my injuries, and not be sued by the hospitals and doctors. Crazy "HUH", I still haven't gotten anything from Workman's comp today. It has been almost 2 years.