How can we get in-house care while personal injury case is pursued?

by Mara
(New York)

My grandmother fell and broke her leg getting off of an Amtrack (I believe) train. She had to step down to a pedestal and though she said she didn't think she could do it the person insisted. She fell and broke her leg. This happened in Virginia but she lives in New Jersey.

Almost a year later, after my mother has taken most of her vacation days to take care of my grandmother (whose husband passed away), and slept at her house for countless nights, she just found out she may need to have her leg re-broken or all of the hardware taken out and put back in because it is not healing properly.

This will be another year of care that my poor mother, who is only a single child and not wealthy, will have to do all over again. She can not seem to keep up, with her own job (12 hours a day +) a son in college and a husband.

My mother really needs help. I live too far away to help and my brother is in college. My poor grandmother and mother might have to start this all over again after 1 full year of trying to fix this.

Is there any way, while they are still trying to figure out liability, that we can get her help with doctors or in-house care? Who would pay for this? I don't know what else to do. Please let me know what I can do or who I should talk to. I know my mother has a lawyer for the case but they don't seem to be doing anything helpful. Thanks!

Visitor Question:
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ANSWER for "How can we get in-house care while personal injury case is pursued?":

Mara (New York):

It is our policy here at InjuryClaimCoach.com not to interfere with the attorney-client relationship. To do so would be inappropriate. Your grandmother's best interests will continue to be served by listening to the advice and counsel of her attorney.

Generally speaking, when a person voluntarily boards a bus, train, or taxi, it is reasonable to presume that same person is also able to voluntarily deboard. In the case of a train, it's common for there to be a pedestal available for passengers to use when deboarding.

It is reasonable to presume a person traveling on a train knows, or should know they will eventually have to deboard, and more often than not, using a pedestal to do so.

The use of a pedestal is customary for Amtrak trains. Pedestals are required, because without them trains would not be able to move without striking objects. Train passengers know they have two choices. They can deboard using a pedestal, or remain on the train. Moreover, on most trains, other than using a pedestal, there is no other way to deboard.

Unless there is proof an employee purposely pulled or pushed a passenger, a mere perception by a passenger they were being forced to deboard will not be sufficient to prove the existence of negligence.

It is rare for a client to receive funds while a lawsuit is pending. Attorneys normally have substantial expenses to meet when pursuing a personal injury lawsuit on behalf of a client. In most cases, attorneys can not, and will not "loan' funds to clients against the outcome of the pending case.

Clients who need interim funding may have to borrow from banks, family, or friends. There are also "lawsuit funding" companies that provide cash advances, but their fees vary, and you will end up with less total compensation than if you had waited until settlement.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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PERSONAL INJURY
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MEDICAL ERROR
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