How can I sue a home health company for more money than their insurance policy allows?

Question Details:My mother received life changing injuries from a negligent care giver who worked for a home health care agency in Jefferson County, Alabama. The agency has an insurance policy for $1 million. However my mother's injuries were $700,000 just to Medicare and she is spending $250,000 a year trying to remain alive. Our lawyer says that the company can only pay 1 million and their insurance company only wants to settle for $600,000. The company is incorporated and has a sister company owned by the same people in a nearby town. My mother will lose her home soon, what can we do?

Asked 5 years ago under Personal Injury | 1561 Views | More Legal Topics

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MD, Member, California Bar | FreeAdvice Contributing Attorney Answered 5 years ago

There may not be much you can do with the insurance policy - most states have capped medical injuries to a very limited amount, much less than what you would get under the company's insurance policy.

Have you attempted to have your attorney negotiate out free medical care for her lifetime so that you are not out of pocket those monies and the company can not worry about capping the insurance policy? Further, insurance is one route but perhaps a separate action can be brought to encapsulate and cover the extended care above and beyond the actual injury.

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