Apartment complex used toxic concrete sealant at 10:30 pm w/o ventilation in my hallway. P/M rushed me to hospital with shortness of breath due to chemical exposure. Diagnosed & treated for bronchospasm, & basilar airspace disease, costo-chondritis ; Medical bills exceed $14K. Adjuster stated his client did not feel they where responsible for my exposure to concrete fumes/subsequent injuries. The adjuster stated the contractor performing the work was the responsible party and that he forwarded a tender letter to vendor to process my claim. The adjuster stated med pay was available up to $10K.
Don't let anyone tell you who is responsible. Get a local personal injury lawyer today. Avvo has a great lawyer finder tool to locate an attorney. Good luck.
You can accept the Med Pay without releasing the party, but you should really consider hiring a lawyer before you do anything. A lawyer will get all available insurance policies, and if necessary, file a lawsuit. It sounds like one potential defendant is already contesting liability and blaming the contractor. A lawyer will help sort out the liability, send a demand to the at fault parties, file suit if necessary, and eventually negotiate your medical bills. Until you are able to retain counsel, focus on getting better!
Although I am happy to give my opinion freely based on my knowledge, experience, and training as a personal injury attorney, the opinions I give in response to questions posed on AVVO should not be construed as legal advice and should not be relied on to make legal decisions.
Do not trust the insurance company. This case has multiple issues and responsibility may be allocated to more than one party. I strongly recommend that you contact an attorney. "Med Pay" is a loosely defined term. The true nature of any payment from a potential defendant depends on the terms of the insurance policy and also may be affected by state statutes.
The information that I am providing is general information based on my understanding of your question. You cannot and should not rely on this general advice in making legal decisions. There may be important information that you did not include in your question that could drastically change the advice an attorney that was fully informed would give you. I am not your attorney. My response does not create an attorney client relationship.
You were damaged enough that you need to go see a lawyer. You are a lamb going to slaughter if you deal with an insurance company on your own.
Typically medical payment coverage, or med pay, is available regardless of fault. Therefore, when offered, the party providing it is not assuming responsibility nor accepting liability for the incident. There should not be a release presented in exchange for med pay. Any claims you may have against any party would survive regardless of your acceptance of med pay. However, I strongly suggest you contact an attorney to properly evaluate your potential claim, particularly if any party is asking you to sign a release.
The answer submitted by the above attorney is not intended to be, nor shall it be, deemed to be legal advice. The response is based solely on the information provided, which is insufficient to render proper legal advice. The answers shall not be construed as creating any attorney-client relationship. The questioner has the responsibility of obtaining legal advice from an attorney of their choosing and is encouraged to do so. You should consult an attorney who can further inquire on your legal matter and give you proper legal advice, according to the specific facts of your potential case.
This is a VERY complicated issue that can only be addressed with proper retention and review by a lawyer. For example, basilar airspace disease and chostocondritis are unlikely to result from a minor toxicity event as you described and may be at the point of the insurers rejection of your claim for what I presume was some "pain and suffering", wages or additional value beyond med pay. I suspect you will find the battleground over claims of "pre-existing condition" and this really calls for a proper legal and medical opinion such that you should retain a lawyer immediately.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
You can certainly accept the med pay without waiving any future rights in your case. Considering that their are multiple parties that could potentially be at fault and they are already doing the blame game it would be best to consult an attorney.
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