How do I get money from punitive damages?

Question

Insurance company from another state already called me back saying they'll take care of medical bills and whatever related to that.

but i need to get back to them.. how do i bring up punitive damages and getting money for it? workmans comp was already filed, and im assuming they said something to the insurance company (AIG).. and they got a hold of me.

what do i do or say on the phone? i have all proof/evidence. (scarring). anything that i could possibly need.

from what im told i can get "up to" 10 x's what my medical reimbursement is?

pain and suffering is part of punitive damages too, correct?

ps -- situation was basically.. assaulted by another homeowners pet, their fault.

hmm.. if the hospital sent the bill to a collection agency.. what does that fall under?

oh yes.. and this is all ONE situation not 2 lol.

Answer 1

You're talking about two different issues. Worker's Comp is about an injury that occurred on the job and one's employer's responsibility.

If a neighbor's pet injured you, that would require a civil suit to seek damages from the responsible party. You would have to sue the owner of the animal. Pain and suffering could be charged in civil court. Your work records and medical records could be used as evidence but it doesn't have a thing to do with your employer!

I'm not a lawyer and this is NOT legal advice! I would suggest you hire an attorney and sue the owner of the animal for a claim against his insurance. You would have to demonstrate medical costs and lost time from work, in court. If that caused you to get behind on bills, deal with creditors and go without groceries, you could ask for compensation.

I'm fairly certain worker's comp would be denied, considering the injury did not result due to your job. Just for your info, I had a clear-cut worker's comp injury, paid my doctors and it took two years to get it to court for a settlement.

You can sue the pet owner and the insurance company. Just be prepared to hire an attorney, wait many months, fill out pages of forms, affidavits, queries, be watched by the insurance company and anything else.

You can tell the insurance company the amount of your medical bills and lost time from work.

You want TEN times the actual amount? You'll have to wait and work for it. If the owner was not negligent and it was an accident, you might be lucky to get anything.

Make copies of your hospital and doctors bills. Make copies of your work statements equal to the amount of time lost from work, and give that amount to the insurance company. They might just pay and you can pay your bills.

Leave your employer out of it, if you were not injured on the job. You've filed a claim against your employer, now they have the state to contend with, because you want money from everyone.

Now you've gone on the Internet and declared your intentions.

You just seem greedy to me. If you want to sue, hire an attorney and hush. Otherwise, tell them the amount, fax or mail the documents, and you can still sue if they refuse to pay.

Once again, this is NOT legal advice! Just a little common sense and experience.

Answer 2

Thats a tough question because I dont know the all the details but from what you have provided its just aweful that you should have to be on hold for being attacked by an animal for which the owner has acknowledged damage. Punitive damages are separate from from physical and you should be compensated for all. You should consult with people close to you. Ask your parents, grandparents, a sibling, and/or a business minded person known for being fair and reasonable that won't sell you out. I say this because its so easy to get sold out by people without them even being aware that they are selling you out from being worn and tired out. Stay firm and adement. Face your fears of the party that hurt you they are your best witness'. Let them know that repeated apologies are not enough you want to know why they hurt you so they can understand why its so important to compensate you so you can move on with your life and they can too. Be determined and dont ever give up. Remember YOU are the victim. Don't let them take the position of posing to be inconvienced and solicit conspirators like you are the problem. Dont let people critisize you on your rate of recovery.

Answer 3

You have to have the courts adjudicate punitive damages, since those are a punishment.

NO, pain and suffering are NOT punitive.