How to recover lost wages and pain and suffering from car wreck

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Sparkandy

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I am looking into everything I can think of to help our situation. On April 17th of 2012 my husband had open heart surgery to replace a defective valve and aortic arch. On July 21st 2012 a teenage girl in a pickup slammed into us, T boning the car on my husband's side. She was either texting or talking on the phone and went through a red light at 35 or 40 miles an hour. Tomorrow, August 6th, 2012, my husband has to undergo ANOTHER valve replacement. The impact caused the stitches in the original surgery to come loose. I'm afraid that this girl's mother's insurance is 25/50/25. The insurance company already settled on the car and was very fair. Now my husband's portion of the 50 is going to be eaten up by his surgery. We're both missing work - me about three weeks and him about six to ten weeks. My injuries were minor, although the Xray found something unusual in my neck and I have an MRI coming up.

My question is, how can we recover what we're actually losing. We make around $1000 a week after taxes and don't have much in savings. As soon as I informed the other party's insurance company of the damage, they stopped talking to me. I have not retained a lawyer - I called one in Tulsa and was told that it wouldn't be worth his time because the guilty party probably has minimum insurance and it's not going to make him any money.

Is there ANY recourse? Can I sue the girl or her mother in small claims court? If my husband and I each sued for the maximum, it would just about get us out of the hole we're in financially due to the loss of work. Our pain and suffering are totally beside the point due to the laws of Oklahoma. If anyone has ANY ideas of how to get more from the perpetrator PLEASE let me know.
 
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You can sue the owner of the car. But, that is often futile, even if you prevail. These creatures sound like low class trash. Assuming you get a two million dollar judgment, where will vermin like these get even a $100. You might want to discuss your options with a local attorney or two. They can advise you as to the likelihood of any substantial recovery. Your husband is a compelling plaintiff and victim, but the defendants are penniless bums.

If your state has a crime victims fund, try investigating what the state could do for you.

If you have under-insured motorist coverage on your policy, your insurance might be able to help with part of the delta.

Good luck.


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