Freeport, FL Personal Injury Law Firms & Lawyers

In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. In your situation, I can't tell if the failure to take the MRI made you any the worse off than you would have been otherwise. You mention that "litigation is pending" against the other driver. If you are using that technical term correctly, that means you have a lawyer, and any personal injury lawyer worth his salt would have looked into the malpractice question. So, are you trying to second-guess your lawyer? Yes, your wife has what is called a "derrivative" cause of action, meaning that it derrives from your cause of action. The law recognizes that when one spouse is injured, both are affected. The damages are not exactly "pain and suffering" though, there are three elements: 1) Loss of society and companionship (her life has been disrupted by your injuries); 2) Loss of value of household services (you couldn't pack the boxes or help with 101 other things involved in moving, and that has a financial measure) and 3) Loss of consortium (sex). Theoretically, your wife's cause of action could be sued seperately, but it is rarely a good idea.

I don't handle creditor/debtor law, but it's my understanding that a judgment creditor cannot levy on or attach a retirement account. Don't take my word for it, though; I would pay $100 or so to get correct advice from an attorney who does handle creditor/debtor law.