Ingram, TX Personal Injury Law Firms & Lawyers

Let me say I am very sorry to read about your husband's injuries. They sound very serious and should be treated that way. As far as compensation goes, the Under Insured Motorist policy might be all there is to collect unless you can establish the driver's father somehow new what his daughter was doing and should have stopped her. This would help if she is on his policy and lives with him. Otherwise she is an adult responsible for her own actions. There is the small possibility to recover from the vehicle owner if there are some assets. Your PIP /UIM coverage will only pay the medical up to the amount of the contract your policy states you have. They will not pay your bills for life. You will have to rely on your health insurance at that point.

The general answer is yes, you can sue someone for this. The practical consideration, however, would be did you have resulting damages from the fraudulent reporting that you were holding someone hostage? The resulting damage would determine the actual worth of your lawsuit, if any. You would then have to evaluate if the value of your lawsuit is worth the time and effort associated with litigating the case.

Assuming that this incident occurred within the applicable statute of limitations (2 years in Indiana), you can sue. You will have the burden of proving by a preponderance of the evidence that your sister was negligent in some way that caused your son's injuries. You can recover on your son's behalf his medical bills and pain and suffering. However, before suing your sister, I would check to see if her homeowner's insurance has any med pay coverage. If all you want is the medical bills paid, that might take care of it.