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

UPDATED: Aug 29, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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