Can I sue someone who caused an injury to my husband and has now reneged on a promise to pay his medical bills?

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Can I sue someone who caused an injury to my husband and has now reneged on a promise to pay his medical bills?

Friend injured my husband. We have medical bills totalling $1,202.55 with no health insurance. Friend said he would help pay for it but paid only $200 and now cannot be reached anywhere. Need to be reimbursed. Husband cannot work. I’m unemployed and have bills.

Asked on August 29, 2011 Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there was a settlement agreement and it has been vioalated, you may sue the "friend" for breach of contract; a settlement agreement is enforceable like any other contract.

If there was no actual agreement, just a promise to pay, you may still sue the "friend" for the fact the he, from what you write, either intentionally or negligently (i.e. carelessly) caused injury to your husband.

Therefore, you would seem to have grounds to sue, but have to be able to locate the friend, and you need also to be able to collect--so if this person has little money, income, etc., it may be impossible to get the money from him, even if you sue him and win.

You may wish to look into whether your husband, if he can't work, qualifies for either state disability or SSI. Good luck.


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