QUESTION
Is there any way I can go sue the woman for the difference I am losing being out of work?
Asked on Mar 13th, 2014 on Personal Injury - Michigan
More details to this question:
I am an OTR truck driver and while working a woman pulled out in front of me claiming all fault for the accident. My hand was broke in the accident and I have been receiving worker’s compensation. I have had to sell most of my stuff just to pay my bills to make up the difference.
10 ANSWERS
You have to sue your employer under worker's compensation and the other driver in a third party civil lawsuit. You can do both but you need an attorney to maximize your recovery.
Answered on Mar 17th, 2014 at 4:15 AM
Edwin K. Niles
Question unclear. Pulled out? Claiming all fault? If the woman is at fault, of course you can make a claim. See an injury lawyer.
Answered on Mar 14th, 2014 at 6:19 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Sure, that is a typical personal injury claim. Talk with a local personal injury attorney about the situation.
Answered on Mar 14th, 2014 at 10:28 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You need one good lawyer. you can sue the lady for all your injuries, your bills and your income loss (you will have to document it however). If you recover against her insurer you will have to make some reimbursement for any bills the comp carrier has paid (your lawyer can negotiate this)
Answered on Mar 14th, 2014 at 8:46 AM
James Eugene Hasser
Yes. Your comp carrier will want it's money back, though, which can get complicated. Consider consulting an experienced injury lawyer familiar with comp cases.
Answered on Mar 14th, 2014 at 8:23 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
If it's not too late, you can get no-fault which will help fill in some of the gap depending on what state you are in. If you haven't started up a lawsuite yet, hire a lawyer and do so.
Answered on Mar 14th, 2014 at 7:35 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Engage an attorney in the state of the accident.
Answered on Mar 14th, 2014 at 6:20 AM
4 Awards
Yes you can sue her. However, no, you cannot limit what you sue her for to the difference between your workers comp and your regular pay. It is somewhat complex to explain what you should do in this kind of forum. I suggest that you contact an injury attorney directly.
Answered on Mar 13th, 2014 at 7:27 PM
1 Award
You can sue the woman and her automobile liability insurance company for all of your damages. Your workers compensation insurer will have to be a party to the case. If you win the case, your workers compensation insurer will recover money it paid on your behalf from the damages that are recovered in the case.
Answered on Mar 13th, 2014 at 6:36 PM
Ronald A. Steinberg
Sure. You can go for pain and suffering.
Answered on Mar 13th, 2014 at 6:33 PM