Very possibly. If you mother was a fall risk, which it sounds like she was, the hospital needed to implement fall prevention measures to protect your mother. I think you definitely have a case that deserves further investigation.
Mr. Briggs response is exactly right. There's no such claim under workers' comp. If you are married to the claimant, then you can pursue that claim -- it's called a loss of consortium claim -- in the personal injury case against the at-fault driver and his insurance company.
Here are a few suggestions. First, continue getting medical treatment for your injuries. This will accomplish a couple of things -- it will help you heal quicker and it will document the extent and nature of your injuries. Second, because the collision was caused by a drunk driver, your case has a higher settlement value than a regular case. Because of this, you should speak with an attorney right away -- most attorneys offer free consultations. Third, insurance companies will negotiate a...
No. Don't go to small claims court. The case has more value than that. When the at fault driver is drunk, most cases should yield a higher settlement. Contact a skilled and experienced lawyer to help and do not settle the case until you have done so.
If you have a new injury, a re-injury, or an aggravation of the injury you already have, it should be covered by workers' comp. The key for you is to remain within your work restrictions. Exceeding the work restrictions could cause further injury to your shoulder. If your employer can't provide light-duty work within your restrictions, you will be entitled to workers' comp benefits while you are out of work.
Without knowing more, I don't think any lawyer could fairly estimate the settlement value of your case. Evaluating a case is involved. The conduct of the other driver and the property damage to your vehicles are positives for your case. As for your injuries, a lot will depend on how bad your disc is. If you have a permanent injury, that would increase the value of your case. Similarly, if you need surgery to treat the disc, that would increase the value. No two cases are alike.
If you were injured, you have a personal injury claim that can entitle you to several types of damages, including money for lost wages, medical bills, pain, suffering, and permanent injury. Since the at-fault driver was drunk, this likely increases the value of a potential personal injury claim. I'm guessing that the at-fault driver's identity is known since you know he/she was drunk. Assuming he/she has insurance, the claim should be pursued against his/her insurance company. If the at-...
You should contact an experienced personal injury attorney and get a free consultation. Case involving drunk drivers are valued higher than other cases, so you might want to protect yourself and discuss your case with a lawyer before settling.