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Leeba · May 19, 2011, 06:24 PM

I have had to travel a great deal in order to get my leg fixed properly which involved trips nearly 600 miles away. My attorney says, "No, that I would have to eat anyway." That does not appear very fair since it costs a lot more to eat out than it does at home.

excon · May 19, 2011, 06:53 PM

Hello L:

Listen to your attorney.

excon

JudyKayTee · May 20, 2011, 08:05 AM

I don't understand the question. You have a medical malpractice lawsuit because something was done improperly. You have to travel in order to get the problem corrected. You presumably have travel costs (including lodging, food, auto expenses) as part of this treatment.

These costs are part of your damages, your out of pocket loss.

I don't understand your Attorney's advice UNLESS the lawsuit is for a certain amount of money with no breakdown of expenses. That is not uncommon in medical malpractice lawsuits.

Is that the case?

AK lawyer · May 20, 2011, 08:41 AM

Originally Posted by JudyKayTee

...
I don't understand your Attorney's advice UNLESS the lawsuit is for a certain amount of money with no breakdown of expenses. That is not uncommon in medical malpractice lawsuits.
...

My supposition is that they are negotiating damages. The attorney probably feels that nitpicking this item is a bad negotiating strategy. If this is the case I agree with excon. Don't try to micromanage.

Sure, a case can be made that home cooked meals, if done frugally, cost less than restaurant (even fast-food) meals. But, in the grand scheme of things, the attorney may feel that it just isn't worthwhile to make what seems to be a petty argument. And perhaps he/she doesn't know how to cook anyway.

JudyKayTee · May 20, 2011, 08:43 AM

I agree - that's why I said that the Attorney is suing for a set amount, no breakdown.

Leeba · May 20, 2011, 09:29 AM

Actually it is against the person who caused the accident. My attorney says that you usually get 3X what your expenses are. The attorney takes his expenses out and then takes a third of what is left. Then I have to pay all of the expenses out of my pocket. Unfortunately, there have been 4 operations over a 2 year period and the pain and permanent disability should be much more, I would think. My tibia was split right down the middle and came apart. My leg had to be restructured and I have a new knee now. Thanks for replying!

Leeba · May 20, 2011, 09:37 AM

My attorney said that you usually get 3 times the amount of expenses incurred. He then takes his expenses off the top and then a third after that. I get what is left and have to pay all of the expenses with that. Another issue is that I lost wages during that time and probably will not get the job back. And that has not been included because I didn't request it in my interrogatory from over a year ago. The lawsuit is against the person causing the accident. Additionally, I am limited as to physical activity. My tibia was split down the middle and came apart. The last of 4 surgeries restructured my leg and my knee was replaced. Thanks for taking the time to give your advice!

JudyKayTee · May 20, 2011, 09:48 AM

In my State the three X rule is folklore. Obviously it's not folklore in your State.

Doesn't no fault cover all of your medical and medical-related expenses?

You have an Attorney familiar with your State law and your particular case. He/she should be suing for your lost wages (not including losing your job).

Leeba · May 20, 2011, 10:26 AM

Medicare took a great portion of the expenses. The problem on the lost wages is that I filled out an interrogatory a year or so ago and said I didn't want to be reimbursed for wages. My attorney did not change that and supposedly I'm locked in now. I did not realize that it was going to take this long and now it doesn't look like I'll get the job back. Oh well, it was just a part-time job. Thanks again!

JudyKayTee · May 20, 2011, 10:33 AM

Wow - sounds like you've taken a real hit due to the accident.

In NY (where I am) wages are automatically paid until you return to work (or are able to return to work) OR go on permanent disability OR reach the policy limits.

I'm sorry you're going through this. You seem to be in good spirits. I don't think I would be!

AK lawyer · May 20, 2011, 10:57 AM

Originally Posted by JudyKayTee

In my State the three X rule is folklore. Obviously it's not folklore in your State. ...

It's a rule-of-thumb in any case. It isn't the law. Its just a guess as to what the jury might award. Perhaps more accurate in some states than in New York, evidently.

Originally Posted by Leeba

... The problem on the lost wages is that I filled out an interrogatory a year or so ago and said I didn't want to be reimbursed for wages. My attorney did not change that and supposedly I'm locked in now. I did not realize that it was going to take this long and now it doesn't look like I'll get the job back. Oh well, it was just a part-time job. Thanks again!

"Supposedly" you're "locked in"? Is that what your attorney says? Because normally you can supplement or change your discovery responses (such as answers to interrogatories), as known facts change, until the time of trial.

Leeba · May 24, 2011, 08:45 AM

Judy, Thanks again! It has been a long ordeal and it doesn't seem like it's going to end anytime soon. I'm hoping and praying that we'll get to mediation next month but there are several other problems due to the injuries - varicose veins on my other leg from strain as well as a hernia (also from strain caused by drugs). But God has been with me! Blessings! Lee

JudyKayTee · May 24, 2011, 08:49 AM

Keep smiling and let us know how it works out - sounds like a very long ordeal for you.

Medical problems are rough and then legal problems on top of that...