Legal Question in Personal Injury in Texas

spouses injury

We had a family gathering on May 19 @ my fathers house.We were building a bon fire and some of ''the guys'' were stacking pallets in the pickup to bring to the fire.My spouse got his foot caught in one of the pallets and twisted his knee. He was hurt but continued to go to work for a week or so until he could not stand the pain any longer. He went to his Dr and he had an x/ray,Ct, and an MRI and among other things he has a torn miniscus and strained ligaments.He has other problems with the same knee,degenerative arthritus,severe loss of cartilage and I know these things were NOT caused by the accident.Only the tear and strained ligaments. I called my father and told him that my husband of 26 yrs was going to have to have surgery and physical therapy and possibly be out of wk for 6-8 wks and since the accident happened @ his house could we file the claim on his home owners ins.{he just filed a claim for his delapitated barn being destroyed in a storm about 9 mos ago} He completely went off on me and said he would not file a DAM thing on his insurance and made me feel like a piece of trash,like I was trying to scam his insurance. We got into a huge argument.We are a close family atleast I thought we were. what can we do ?


Asked on 6/07/07, 11:20 pm

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: spouses injury

You should contact a good PI lawyer in your area..generally a letter to the insurer will obtain a settlement but your father will be notified. Most lawyers will not accept the case if you and your husband are not willing to sue in the event your parents tell the insurer a different story. But most personal injury lawyers would work with you.

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Answered on 6/08/07, 8:51 am
James Grissom Law Office of James P. Grissom

Re: spouses injury

Isn't it funny how some people have a double standard about recovery for losses. Maybe your father doesn't like your husband for some reason, but it was OK for him to receive compensation from his insurance co. for his "loss", but didn't want you to have anything. You could file a lawsuit against him, but this is one of those "iffy" cases that could go either way. Good Luck.

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Answered on 6/07/07, 11:27 pm


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