Legal Question in Personal Injury in Texas

injury
injured at a local hospital by a mechanical door that either by stricking me or me trying to avoid , caused me to fall breaking my coccyx bone. my question is should i sue, and if i win moneys do i have to pay back my insurance for the monies that has been payed by them, them being medi-care @ my supplement carrier. i;ve had two major surgerys @six steroid injections,ben seen by seven doctors not counting dc, that i went to first thinking it was something simple// bill

Asked on 3/20/07, 8:51 am

3 Answers from Attorneys

Roger Merrill Merrill & Associates

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Re: injury

If you make a recovery, you have to reimburse Medicare and probably your supplemental carrier. The hospital may have a policy which pays a small amount of $ for injuries on the premises regardless of liability. To win on liability grounds, you must show that the door malfunctioned and/or was faulty. What proof do you have of that? Keep in mind that you only have 2 years to bring an action for personal injury in Texas.

Answered on 3/20/07, 10:15 am

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Dan Street Street Law Firm

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Re: injury

I recently settled a case almost identical to yours (in my case an elderly woman struck by a mechanical sliding door) and I can tell you that these cases are very difficult to prove and win. However, if handled properly there is certainly potential if the facts are right. You do have to reimburse Medicare for what they paid on your behalf. This is known as a "lien." We have been successful in getting Medicare to reduce their lien in some cases.

Answered on 3/20/07, 8:01 pm

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