I don't practice in your state but I would think so. If the treatment you received was covered, they should pay. The insurance company can't really complain that you left considering that your departure from the hospital limited further treatment and therefore saved the insurance company money.
Medical Malpractice cases come down to a 'standard of care". In other words, did the doctor give you an acceptable level of care as compared to the rest of the medical community. If a medical mistake was made in an elective surgery, the standard of care still applies. Therefore, you may want to speak with a local medical malpractice attorney.
In general there is a 6 year statute of limitations on insurance contracts and your disability insurance is a contract. If you are talking about worker's compensation benefits, that may be an entirely different matter. You should contact a Worker's Comp attorney in your area.
New York has a 2.5 year statute of limitations for medical malpractice and a 3 year statute of limitations for negligence. If a case has not yet been filed, it would appear that it might be too late.
Still, you should consult with a local personal injury attorney to confirm this.
New York has the worst wrongful death laws in the nation. As mentioned in another answer, the trial attorneys of New York have been trying to make a change in this law for many years.
There are two types of claim involved in any death case: The first is for economic damages (or was we call it "Wrongful Death") This is a claim brought by a survivor in which they alleged that the person who died provided some form of economic support to the surviving family members. Most people who reach...
Basic Personal Injury Protection (PIP) provides no fault insurance to cover your medical bills for as long as you need the treatment. But this amount is capped by how much coverage you purchased. If you have basic PIP, the coverage is $50,000.
Basic PIP covers up to 80% of your lost wages for a period of three (3) years.
PIP also covers mileage for travel to and from medical appointments for the first year. Additionally, there is a benefit of up to $25 per dat for household help.
You'll need to consult counsel in your state about the appeal issue. In many states the rule is that you must keep your vehicle under control and must drive at speeds that are proper for the prevailing conditions.
It sounds like your judge has decided liability and the jury will only hear about the damages. Once liability has been decided, it is not up to a jury to re-decide such issues. As a result the ice ascpect of the case has nothing to do with the level of injuries or resultant...