Yes, you could. This is not uncommon where an accident occurs and serious trauma results. The police on the scene do not have the ability to conduct the field sobriety tests because of the injuries. The police based on an examination of the scene, witness statements and observations of you could charge you with OUI and then the District Attorney could obtain the hospital records through subpeona. If you receive a summons contact this office or a qualified criminal defense lawyer.
If this happened at work or on the job then you would have a Workman's compensation claim. If it was your hammer and you were working on your own personal time then you may have a products liability claim. The intended use of a hammer is to strike objects. It ought not to shatter. Therefore, a good lawyer might argue that it was defective or under the UCC - not fit for a particular purpose. Keep the hammer parts, along with the receipt (as the store in which you purchased it from may be a...
You should consult a qualified personal injury attorney immediately to assist you in evaluating your case. The fractured sternum and the nerve issues are of primary concern. You as spouse also have a loss of consortium claim. Your lawyer should refer you to a specialist to determine long term prognosis and degree of permanency and disability.
If you are trying to relate the gallstones to your workmans compensation claim you will need an expert to do so. In other words a physician would have to give a medical opinion that it was related to the trauma. Talk to you lawyer again and see if your physicians agree with your diagnosis. If not, perhaps your lawyer can refer you to another Doctor for a second opinion. Last resort may be seeking a second legal opinion on the issue. Good luck.
It is always difficult to answer this type of question with out being fully apprised of all the facts and knowing the parties involved. Having said that you should speak to your lawyer. If the interview went well and you said nothing that was harmful to liability or damages then don't worry about it.
Sure, she can settle. Your friend has her claim and you have yours. No two claims are exactly alike with respect to injuries and representation and therefore they may follow different tracks toward settlement or litigation. In addition, policies generally have coverages that are per person and per accident. For instance, a 25/50 policy would mean that no one person involved in the accident could receive more than 25K and in no event would the payout be more than 50K. With only two people...
Your question seems premature in that it appears that your husband has not fully recuperated from his injuries. When he does you must consider medical expenses, lost wages, total disability, partial disability, loss of earning capacity, pain and suffering etc. You need to consult a qualified personal injury attorney to help you evaluate your husbands claims. Good luck.
If the insurance carrier has accepted full liability then it would be highly unlikely that you could obtain her medical records. No relevance and privacy issues. However, if the carrier defends by suggesting that their driver had a medical condition and therefore liability is in dispute Then yes, her medical history becomes relevant. You will only get those records if liability is denied and a lawsuit has been filed. Talk to a qualified personal injury attorney in your area.