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Thursday, March 21, 2013

Legal Update

Yesterday, I got word from our attorney that the hospital has denied our claim and will admit to no wrongdoing in our case.

This week, our attorney will formally file the lawsuit at the court house. He told me it could take "two years" to get this to court. Though, there is still the possibility of an out-of-court settlement before then. And he thinks he can "expedite" the case.

Of course, this news is disappointing to me. I had hoped for a quick settlement, and I certainly can't believe that the legal team looking at the nurses notes from that night can say, and/or believe, that there was "no wrongdoing" on their part...

Our attorney, however, was absolutely excited by the news. He told me that he "almost sent them a thank you note". Because now, he says, we can get/go for an even larger settlement. He told me that he's been doing this for 40 some years and this is a "BIG BIG case" (his words).

His law firm, by the way, only takes "catastrophic" personal injury cases. I guess that means, we are "BIG BIG" even for a catastrophic personal injury case...


I guess I should send them a thank you note too.


kdstentzel said...

I hope you get BILLIONS of dollars. Enough to afford a fancy vacation and a home health aid. And wheelchair transport van of your own. And maybe other stuff too.

Good luck :)

Barb Polan said...

I agree w kdstentzel. AND I hope you get it soon.

Anonymous said...

It's too bad this has to be drug out for so long even before a trial can begin. Like you, I'd had hoped for a quick but "smaller" settlement just to get yourself back on your feet. Unfortunately, I suspect even if the hospital loses the fight, they'll drag it out even more with appeals. I hope the hospital has a great insurance policy, because they're going to need one by the time you get done with them. I wish you all the best in this suit. You and Bob deserve the millions of dollars for both past and future care.

Hugs and prayers, Dan

Susan said...

You know what they say, "the best things come to those who wait"...

You will win the lawsuit!

Sending you & Bob love and light :)

J.L. Murphey said...

Diane, Denial is the first step in any lawsuit. Expect them to deny until they have to settle. Your lawyer is correct. The longer this goes on the bigger the check because even more time has passed.

How long have you been doing this? Does it really seem that long? In reality it has not been that long because you are going through the motions of day to day living. At times it seems like forever and at others it whizzed by.

Think. What another two years when there is a light of a brighter future and hope at the end. Bob's recovery will take years because he does have catastrophic loss. Your lawyer can see the dollar signs in his pocket and you're just getting a glimpse at it. The punative damages alone can be upwards of multi- millions...think double digits.

Even with a lower settlement amount, help is on the way. Hang tight darling. It's hard I know. Been there...done that and going through it again. But you and Bob deserve it.