I was getting out of the water wakeboarding and my leg shattered, my uncle was driving the boat. I want to get compensation but only if it will NOT personally hold my uncle responsible and make him pay. That same night I was supposed to have surgery, but there was a tornado warning and the anesthesiologist refused to come in. By the time he came in, my leg was too swollen to perform normal surgery, so they did an alternate version, which in turn destroyed my knee, now i have severe knee pain and permanent damage. The screws put into my knee also damaged the tendon connection my handtring and calf muscle. Accidents happen, I wanted to just move on from it but now I'm left with permanent leg damage forcing me to life my life a different way, missing out on many things. I know someone who broke their hand while her friend was driving a go cart and received compensation through the Insurance company, am I entitled to the same?
You should consult with a lawyer. The lawyer can go over the facts of your case, and give you options. It is possible that you would make a claim against your uncle's insurance company and get paid by them without your uncle paying anything. A lawyer who practices in this area should be able to explain your options. Normally there is no charge for the consultation.
Replies are based upon general information. Attorney answers to posted questions are for general purposes only and do not establish an attorney-client relationship.
If your Uncle did something negligent that caused your original accident, then you could sue your uncle, but suing him would mean HE was responsible for the injury and for payment of the damages.
I suppose you could consider a medical malpractice lawsuit against the hospital and the doctors who were involved (including the anesthesiologist) but that would require proving that they deviated from the required standard of care.
Your best bet is to talk to a personal injury attorney about your situation and get definitive advice.
I'm licensed to practice law only in Indiana, so if you're in another state, I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
You can pursue a claim against your uncle with a personal injury attorney. Of course that can cause some family problems, but you would really be pursuing his insurance company, not him. I have seen family members agree in advance that this is the right course of action, but absent a discussion with him in advance that you are going to do this there can be a lot of hard feelings because you are alleging that he was negligent.
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
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