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Forced to retire early

Discussion in 'Professional, Medical Malpractice' started by Marwan, Jun 5, 2020.

  1. Marwan

    Marwan Law Topic Starter New Member

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    Jurisdiction:
    California
    I was injured at my doctors office when a light felling on me. I have had surgery to both shoulders and broke my wrist. I am having pain in my wrist due to the injury and my doctor said that surgery will not fix it. My employer will not let me come back to work unless I am 100%. My disability company wants to place me on long term disability at which time I will loose 40% of my pay which will force me to have to file for BK. I may have to take my pension at 55 vs 65, can I sue for the loss if I take my pension 10 years early?
     
    Last edited: Jun 5, 2020
  2. Marwan

    Marwan Law Topic Starter New Member

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    I have a 2007 Dodge Magnum that's paid off worth around $3,000 and a motorcycle that's financed. The motorcycle payoff is almost what it's worth, assuming I can sell it. If I file chapter 7 will I have to sell both?
     
  3. cbg

    cbg Super Moderator

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    Well, you CAN. Anyone with a filing fee can sue. But whether you will win or not is up for grabs.
     
  4. Zigner

    Zigner Well-Known Member

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    What has your attorney told you about this matter? You DO have an attorney, right? If not, why not? This is a MAJOR injury that has had a serious impact on your ability to earn money.

    Having said that, I have to ask: Have you considered finding another field of work? I understand that these times are very difficult and that it might be near impossible to find other employment...but this is not going to last forever.
     
  5. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Is it safe to assume that you have an active workers' compensation claim?
     
  6. Zigner

    Zigner Well-Known Member

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    This isn't a WC matter. OP was at the doctor's office when the injury occurred. The employer won't let the OP work until he's 100% recovered from the non work-related injury.
     
    Marwan and PayrollHRGuy like this.
  7. adjusterjack

    adjusterjack Super Moderator

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    Consult a personal injury attorney. Depending on why the light fell, you might have a claim against the doctor, his practice, the installer, the manufacturer, or any combination of them. However, not necessarily specific to the pension, but a permanent injury settlement and award should take care of a lot of your loss. No guarantees, though.

    You might have to sell the Magnum. Florida's vehicle exemption is $1000 in equity. With no equity in the bike, you wouldn't have to sell it. Though it's probably a good idea to sell it to get out from under the payments.

    If you are a renter, and don't need the homestead exemption, you may be able to apply up to the $4000 exemption for any personal property to the Magnum.

    If you own your home, you'll want the home exemption, of course, so you wouldn't be able to take the $4000 exemption.

    See Florida statute 222.25:

    Statutes & Constitution :View Statutes : Online Sunshine

    Consult a bankruptcy attorney now so you can be prepared. Filling out all the schedules is complicated and time consuming.
     
  8. zddoodah

    zddoodah Well-Known Member

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    Anyone can sue anyone for anything, but your post provides no information that would allow anyone to opine intelligently about your likelihood of suing successfully.

    You might have to sell both. You might have to sell neither. You might have to sell one and not the other. We have no conceivable way of knowing what's most likely.

    Is of no relevance to a person in:

     
  9. justblue

    justblue Well-Known Member

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    Was the light a ceiling light fixture? If so, did it just come loose and fall or was it knocked into somehow? Have you hire a personal injury attorney?
     
  10. adjusterjack

    adjusterjack Super Moderator

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    I had a brain fart.

    California motor vehicle exemption is $4800 for one or more vehicles. See 703.140(b)(2):

    Codes Display Text.

    Might not have to sell either vehicle.
     
  11. Marwan

    Marwan Law Topic Starter New Member

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    Last November while I was at my doctors office for a biopsy I had an exam light fall on me. As soon as the nurse touched the light it fell straight down injuring both shoulders and breaking my wrist. The exam light was like the ones in the operating room, dual round lights with the handle in the middle.

    Originally I was contacted by there insurance company and was going to be treated as an accident but 2 weeks later I was contacted by there 2nd insurance company and was told that this falls under malpractice. I'm assuming that the reasoning is malpractice cap in CA is $250k.

    I had surgery on 1 shoulder and am going in next week for my other shoulder. My wrist still has issues and the surgeon said that there is nothing that can be done, I would have to wear a brace.

    I have a physical job and my employer will not let me go back to work unless I am 100% released by my doctor. My company does not offer any kind of work modification or accommodation. My disability company wants to place me on long term, the issue I am having is if I am placed on long term I loose 40% of my pay. If that happens I may be forced to file for chapter 7.

    I am looking at retirement from my employer at age 55 instead of 65. If I take my pension at 55 I am looking at a loss of $143k. My question is would I be able to sue for the $143k as future loss of earnings?

    I do have an attorney and have asked him that question but he is not sure. I just wanted to see what my options are. Yes I can find a job that I may be able to do but that's not an option at the present time.
     
  12. Zigner

    Zigner Well-Known Member

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    This definitely does NOT sounds like "malpractice", and you shouldn't take THEIR insurance company's word for it. Push your attorney.
     
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  13. Marwan

    Marwan Law Topic Starter New Member

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    I agree and my so does my attorney. I was told that he will have to go to the courts and convince the judge and with this COVAD shutdown it's going to take some time just to get into the courts.
     
  14. army judge

    army judge Super Moderator

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    If this is handled properly, you're sitting on $2.5-$3.00 MILLION, maybe more.

    It might be time to interview a few LARGE law firms.

    Brother, you're sitting on the mother lode.

    Good luck.
     
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  15. Marwan

    Marwan Law Topic Starter New Member

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    Thank you Sir. This all depends on whether or not the judge moves it out of malpractices
     
  16. army judge

    army judge Super Moderator

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    The case can be litigated in federal court.
    Based upon your recitation of events, the theory of the case wouldn't be Med Mal, it is a personal injury lawsuit.
     
  17. Zigner

    Zigner Well-Known Member

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    That doesn't make any sense at all. There is no "malpractices" division in court.
     
  18. Tax Counsel

    Tax Counsel Well-Known Member

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    I see nothing here that suggests a federal court would have jurisdiction. In order for there to be federal court jurisdiction it would have to be based on a federal cause of action (and there is none here), a claim against the federal government (and there is no indication that the OP was visiting a federal government medical facility here) or diversity jurisdiction. For diversity jurisdiction the claim must be in excess of $75,000 AND the plaintiff and defendant must be citizens of different states. I think it unlikely the OP was visiting a clinic in a state other than his own. In short, no facts given by the OP support federal court jurisdiction in this case.

    As for your assertion that the OP would easily be sitting on millions of dollars in damages, so far the facts given don't suggest it would be worth that much. Perhaps eventually there will be damages proven to get to that.

    I do agree it is an ordinary personal injury claim and not medical malpractice, so medical malpractice caps would not apply to this.
    Based upon your recitation of events, the theory of the case wouldn't be Med Mal, it is a personal injury lawsuit.
     
  19. Zigner

    Zigner Well-Known Member

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    To be clear (for the OP): The insurance company is trying to limit its exposure...that is all. Their decision on the matter is in no way final and actually seems like a hail-mary play.
     
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  20. adjusterjack

    adjusterjack Super Moderator

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    Might not have a choice. Might be required to accommodate your disability under the Americans With Disabilities Act. Have your lawyer check on that for you.
     

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