Sinton, TX Personal Injury Law Firms & Lawyers

Just reviewing the facts you have discussed in the Question Detail, I think you have good reason to suspect medical negligence or error. What is determinative in your case is whether the surgeon failed to live up to the standard of care in his profession. Many more details are needed before a lawyer is able to discuss the prospects of a lawsuit.

In Michigan your husband is covered for No Fault Benefits, which includes life time medical care, under his own policy so it is irrelevant whether the other vehicle/driver are/aren't insured. So your husband does have lifetime medical benefits for conditions that are caused by the crash. You/your attorney will want to see if there was any umbrella/excess coverage available to the other parties in addition to the primary liability limit. The likely problem with your uninsured claim against your own carrier is that it won't apply if indeed there is insurance on the other vehicle/driver. If you also have underinsured coverage, it would apply, but usually offsets the policy limit you collect ($100k per your question) against the coverage you purchased, so there may not be a full, or any, benefit due from your insurer for the uninsured/underinsured coverage, but you'll need to read your policy to see what the terms of coverage are.

Ordinarily the driver who was negligent or the employer on whose business the driver was engaged is responsible. So, was the person driving on trust business? The trust could be liable. Also, there is a concept of negligent entrustment. That means that if the person who was driving the car was known to be irresponsible but she let them drive the vehicle anyway, she and the trust could be liable. The simple fact that the truck is owned by a trust is not protection from liability.