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Posted: 2/24/2016 10:16:43 AM EDT
[#1]
Quoted:
Now if this isn't a load of horseshit, I just don't know what is... Fort Bend County is suing the widow and children of a sheriff's deputy who died five years ago in the line of duty. Deputy J.D. Norsworthy was critically injured December 27, 2010, after swerving to avoid traffic on his way to back up a fellow officer. He hit a tree on FM 762 near Benton Road and flipped his patrol car. Days later, he died. Prepare for your blood to absolutely boil... My blood isn't boiling. The county is suing to recover their payments for the accident. The suit would not have been filed had the deputy's family not been awarded damages from a third party. I am not sure that the county is entitled to the entire sum that was awarded, but I am sure they are allowed to try to recover what the county paid [non-insurance paid]for the accident. |
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Posted: 2/24/2016 10:20:55 AM EDT
[#2]
Quote HistoryQuoted:
The county is self insured. The county paid his expenses. The county is *required* to recover reasonable costs from the judgement. Quote HistoryQuoted:
Quoted:
His medical bills should have gone thru worker's comp. IF anyone sues for recovery it should be them. (Yes, it's been done in the past) The county is self insured. The county paid his expenses. The county is *required* to recover reasonable costs from the judgement. Correct, but what is strange to me is that the county did not subrogate the liable party after indemnifying the victims family. why the family tried to recover medical bills they didn't pay for in a lawsuit is kinda bizzare to me. The family would have to present proof of damages. Suing for mental anguish, future loss income, etc. yeah, that makes sense. But if the family didn't pay for medical bills, and the county did, the family should have never beenoffered that as settlement |
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Posted: 2/24/2016 10:21:35 AM EDT
[#3]
Quote HistoryQuoted:
I don't understand how the family would be liable for anything being's that it happened while he was on the job. their not. county paid for all the medical treatment. family sued whom ever they did. family got paid for lost wages and medical treatment. family didn't reimburse the county for medical treatment. county sues to get their money. pretty open and shut, family is emotional and think they deserve to be paid for medical bills they didn't pay. some would say they are FSA. |
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Posted: 2/24/2016 10:24:13 AM EDT
[#4]
Quote HistoryQuoted: My blood isn't boiling. |
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Posted: 2/24/2016 10:35:43 AM EDT
[#5]
Quote HistoryQuoted:
Is Jessie Ventura a county commissioner? burrrrrnnnn... |
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Posted: 2/24/2016 10:38:08 AM EDT
[#6]
Bit short on info.
That said, it reads like one of those 'just because you can, doesn't mean you should' scenarios. |
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Posted: 2/24/2016 10:38:19 AM EDT
[#7]
Quote History.. |
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Posted: 2/24/2016 10:41:15 AM EDT
[#8]
Quote HistoryQuoted: Yeah, insurance should have covered medical........I don't get that part........even if self insured Quote HistoryQuoted: Quoted: His medical bills should have gone thru worker's comp. IF anyone sues for recovery it should be them. (Yes, it's been done in the past) Yeah, insurance should have covered medical........I don't get that part........even if self insured  |
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Posted: 2/24/2016 10:46:19 AM EDT
[#9]
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Posted: 2/24/2016 10:52:24 AM EDT
[#10]
Quote HistoryQuoted:
The blue-haired daughter claims to have PTSD. Maybe she can hook up with Palin's son. So she can have a blue eye to match? That's pretty harsh, even for GD. |
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Posted: 2/24/2016 10:53:26 AM EDT
[#11]
Quote HistoryQuoted:
This. Boy. That's kind a dickish thing to say Quantico. You ever lose a parent at a young age and come across the wreck? Quote HistoryQuoted:
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The blue-haired daughter claims to have PTSD. Maybe she can hook up with Palin's son. This. Boy. That's kind a dickish thing to say Quantico. You ever lose a parent at a young age and come across the wreck? |
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Posted: 2/24/2016 10:54:40 AM EDT
[#12]
Quote HistoryQuote HistoryQuoted:
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The blue-haired daughter claims to have PTSD. Maybe she can hook up with Palin's son. This. Boy. That's kind a dickish thing to say Quantico. You ever lose a parent at a young age and come across the wreck? And then he wonders why Arfcommers buy stuff from his competitors instead of from him. Definitely not generating any new customers here. |
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Posted: 2/24/2016 10:55:11 AM EDT
[#13]
There is nowhere near enough facts here to determine whether or not this lawsuit is legitimate. As to the basic narrative though, this is not uncommon at all. Blood boiling? Not over this.
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Posted: 2/24/2016 10:56:18 AM EDT
[#14]
Isn't their a flaw in the lawsuit? Sounds like there was another driver found at fault in the accident. Should the county have sued them? The Deputy was covered under workman's comp, now they are basically suing their deceased deputy for his workmans comp benefits...
Stupid Stupid Stupid. Family has a good counter lawsuit I would think for emotional distress. |
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Posted: 2/24/2016 11:01:56 AM EDT
[#15]
Quote HistoryQuoted:
Bit short on info. That said, it reads like one of those 'just because you can, doesn't mean you should' scenarios. Here is where I break out my "you get the government you pay for" line. I'm sure the county commission approved self-insurance as a bid to keep costs low, to keep taxes low. I'm pretty sure this came up before the commission, almost certainly before the community (at least, the few people who bother to go to county commission meetings). I would also guess that the commission took a look at how much the family recovered, plus death benefits, life insurance, etc that was paid, and figured being reimbursed medical expenses from the settlement wasn't going to leave the family in poverty. |
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Posted: 2/24/2016 11:06:58 AM EDT
[#16]
Welcome to the world of subrogation. Get money from a lawsuit/settlement? You have to reimburse Medicare/Medicaid/Private health insurance/worker's comp/med pay benefits for payments they made for your medical bills. The lawyer is always supposed to be in communication with these entities prior to settlement of any claim. You make a deal with them prior to settling the case. Usually they will at least lower the amount by 1/3 - even medicare/medicaid, and sometimes give credit for litigation expenses. Sometimes you can lower them by more if the settlement is insufficient and liability was disputed.
Plaintiffs' lawyers are supposed to be paying these directly before the client gets any money. It's not fair in that the client and the lawyer do all the work, and the insurance company/government entity sits back and collects their money - with no risk or expense on their part. But that's the way it is. |
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Posted: 2/24/2016 11:08:31 AM EDT
[#17]
Quote HistoryQuoted:
Here is where I break out my "you get the government you pay for" line. I'm sure the county commission approved self-insurance as a bid to keep costs low, to keep taxes low. I'm pretty sure this came up before the commission, almost certainly before the community (at least, the few people who bother to go to county commission meetings). I would also guess that the commission took a look at how much the family recovered, plus death benefits, life insurance, etc that was paid, and figured being reimbursed medical expenses from the settlement wasn't going to leave the family in poverty. Quote HistoryQuoted:
Quoted:
Bit short on info. That said, it reads like one of those 'just because you can, doesn't mean you should' scenarios. Here is where I break out my "you get the government you pay for" line. I'm sure the county commission approved self-insurance as a bid to keep costs low, to keep taxes low. I'm pretty sure this came up before the commission, almost certainly before the community (at least, the few people who bother to go to county commission meetings). I would also guess that the commission took a look at how much the family recovered, plus death benefits, life insurance, etc that was paid, and figured being reimbursed medical expenses from the settlement wasn't going to leave the family in poverty. Even after you typed all of that, a private insurance company would have filed the very same subrogation suit after the family won their settlement. Nothing would have been different except that the private insurance company would be the plaintiff instead of the county. |
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Posted: 2/24/2016 11:09:04 AM EDT
[#18]
John was my close friend and I was there with him when he finally passed.
Whole situation sucks. |
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Posted: 2/24/2016 11:10:29 AM EDT
[#19]
Quote HistoryQuoted:
Correct, but what is strange to me is that the county did not subrogate the liable party after indemnifying the victims family. why the family tried to recover medical bills they didn't pay for in a lawsuit is kinda bizzare to me. The family would have to present proof of damages. Suing for mental anguish, future loss income, etc. yeah, that makes sense. But if the family didn't pay for medical bills, and the county did, the family should have never beenoffered that as settlement Quote HistoryQuoted:
Quoted:
Quoted:
His medical bills should have gone thru worker's comp. IF anyone sues for recovery it should be them. (Yes, it's been done in the past) The county is self insured. The county paid his expenses. The county is *required* to recover reasonable costs from the judgement. Correct, but what is strange to me is that the county did not subrogate the liable party after indemnifying the victims family. why the family tried to recover medical bills they didn't pay for in a lawsuit is kinda bizzare to me. The family would have to present proof of damages. Suing for mental anguish, future loss income, etc. yeah, that makes sense. But if the family didn't pay for medical bills, and the county did, the family should have never beenoffered that as settlement The lawyer probably filed it for the family, possibly in hopes that the county wouldn't file for subrogation on the claim and the County probably said "well, there's already a claim in court for this money, now I guess we have to wait." |
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Posted: 2/24/2016 11:18:27 AM EDT
[#20]
Quote HistoryQuoted:
John was my close friend and I was there with him when he finally passed. Whole situation sucks. It does indeed. |
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Posted: 2/24/2016 11:23:00 AM EDT
[#21]
Quote HistoryQuoted:
But if the family didn't pay for medical bills, and the county did, the family should have never beenoffered that as settlement The system is designed so that the victim's family recovers from the person who caused the crash and in turn is responsible for reimbursing the entity which paid the bills. That usually reduces the number of suits (because the victim's family is aware of the obligation to reimburse and does so without being sued) and eliminates the potential for different outcomes. In addition "soft" damages (like those for for pain and suffering) are sometimes computed as a multiple of the "hard" damages (like medical bills and lost wages). Excluding the medical bills would reduce the pain and suffering award. Good for insurers, not so good for victims (or survivors). |
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Posted: 2/24/2016 11:25:47 AM EDT
[#22]
Quote HistoryQuoted: This. Boy. That's kind a dickish thing to say Quantico. You ever lose a parent at a young age and come across the wreck? Quote HistoryQuoted: Quoted: Quoted: The blue-haired daughter claims to have PTSD. Maybe she can hook up with Palin's son. This. Boy. That's kind a dickish thing to say Quantico. You ever lose a parent at a young age and come across the wreck? I am just tired of everyone claiming to have PTSD. Police killed in the line of duty is a very personal issue to me. Over the past several years, Quantico Tactical has donated over $250,000 to Concerns of Police Survivors.  |
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Posted: 2/24/2016 11:28:26 AM EDT
[#23]
Quote HistoryQuoted:
It's not fair in that the client and the lawyer do all the work, and the insurance company/government entity sits back and collects their money - with no risk or expense on their part. But that's the way it is. The entity asserting such a claim always paid it's proportional share of my fees (by agreeing to a deduction of that amount from it's part of the recovery). I always obtained such an agreement in writing when a claim was made. |
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Posted: 2/24/2016 11:31:05 AM EDT
[#24]
Quote HistoryQuoted:
Seems to me they should be suing the same people the family sued, not the family who lost their husband and father The county doesn't have standing for that. The widow was double paid, so the suit is correct. They mention at the end the statute of limitations for recovery has passed, so that may be an issue. Think of it this way--someone drives a car into your home. Your homeowners insurance will quickly pay to fix things up. A year later the driver's car insurance pays. That money goes back to the homeowners insurance company, as you can't double collect. This is just like that. |
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Posted: 2/24/2016 11:31:55 AM EDT
[#25]
Quote HistoryQuoted:
In the time since Norsworthy's death the county has never tried to recover reimbursement for his medical bills or lost wages. Killed in the line of duty and your family is on the hook for lost wages and medical bills?? I've never heard of such a thing. What am I missing? The liability of the one who caused the accident, and subsequent payment by their insurance. The video doesn't make this very clear though. |
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Posted: 2/24/2016 11:34:37 AM EDT
[#26]
I can tell you that one of the biggest concerns among those close to John was how Kaitlyn was going to handle John's death. She was at a critical age and they were very close.
I don't know what PTSD is, but she's definitely not the same girl she would have been if John was still around. As an aside, he was one of us, a gun guy. 
EDIT: Don't read this thinking that I'm against the county's lawsuit. Just remembering a great friend. |
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Posted: 2/24/2016 11:38:46 AM EDT
[#27]
Quote HistoryQuoted:
Yeah, insurance should have covered medical........I don't get that part........even if self insured Quote HistoryQuoted:
Quoted:
His medical bills should have gone thru worker's comp. IF anyone sues for recovery it should be them. (Yes, it's been done in the past) Yeah, insurance should have covered medical........I don't get that part........even if self insured I punch you in the face and break your nose. Your insurance pays your medical bills so you can get your nose fixed now. You sue me for the cost of your medical bills, win and some years later you collect from me. Who do you think should get the proceeds of the lawsuit, you or your insurer? |
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Posted: 2/24/2016 11:44:42 AM EDT
[#28]
Quote HistoryQuoted:
County went after them for medical pay after they got money from a lawsuit. That kind of lien would be fairly common here and was probably something they knew was coming if their lawyer was competent This. Folks, the greedy county isn't "suing" the grieving family. They're basically asserting a workers comp lien on any recovery made from a third party. In other words, if the family recovers money from a lawsuit or liability insurance payout, it goes first toward paying his $300K in medical bills that the county covered. |
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Posted: 2/24/2016 11:45:41 AM EDT
[#29]
Quote HistoryQuoted:
The lawyer claims that in the article Funny how the article does not mention how much they got in the lawsuit Quote HistoryQuoted:
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After 5 years, I'd think the statute of limitations would be long expired. Funny how the article does not mention how much they got in the lawsuit Nullum Tempus SOLs are for proles, not the government. |
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Posted: 2/24/2016 11:48:47 AM EDT
[#30]
Quote HistoryQuoted:
Yeah, insurance should have covered medical........I don't get that part........even if self insured Quote HistoryQuoted:
Quoted:
His medical bills should have gone thru worker's comp. IF anyone sues for recovery it should be them. (Yes, it's been done in the past) Yeah, insurance should have covered medical........I don't get that part........even if self insured Workers' comp paid his medicals and wage loss, required by law. Could have been county directly, could have been their insurer. Whichever one paid it has a legal right to recoup those amounts from any third party liability proceeds. Very simple, works that way everywhere. |
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Posted: 2/24/2016 11:50:35 AM EDT
[#31]
Quote HistoryQuoted:
Quote HistoryQuoted:
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My blood isn't boiling. |
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Posted: 2/24/2016 11:51:01 AM EDT
[#32]
Quote HistoryQuoted:
The entity asserting such a claim always paid it's proportional share of my fees (by agreeing to a deduction of that amount from it's part of the recovery). I always obtained such an agreement in writing when a claim was made. Quote HistoryQuoted:
Quoted:
It's not fair in that the client and the lawyer do all the work, and the insurance company/government entity sits back and collects their money - with no risk or expense on their part. But that's the way it is. The entity asserting such a claim always paid it's proportional share of my fees (by agreeing to a deduction of that amount from it's part of the recovery). I always obtained such an agreement in writing when a claim was made. They usually do, but not always. I just got a letter from an insurance company a few minutes ago to the effect that, don't get reimbursement for our interests or waive our claim, we are proceeding ourselves. Yeah, okay. Kind of hard to do that without a plaintiff you scum bags. |
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Posted: 2/24/2016 11:52:57 AM EDT
[#33]
Quote HistoryQuoted:
They usually do, but not always. I just got a letter from an insurance company a few minutes ago to the effect that, don't get reimbursement for our interests or waive our claim, we are proceeding ourselves. Yeah, okay. Kind of hard to do that without a plaintiff you scum bags. There's a circuit court procedure in my state to "fix" that. The comp carriers that won't pay attorney's fees lose and usually cave once you file it. |
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Posted: 2/24/2016 12:48:38 PM EDT
[#34]
It didn't say how much the family was awarded in their suit. Seems if part of that settlement was for medical expenses then they should have to pay back that portion of that moneys.
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Posted: 2/24/2016 12:52:05 PM EDT
[#35]
Quote HistoryQuoted:
In the time since Norsworthy's death the county has never tried to recover reimbursement for his medical bills or lost wages. Killed in the line of duty and your family is on the hook for lost wages and medical bills?? I've never heard of such a thing. What am I missing? This. Horribly written article is horribly written. I might be pissed off if I could tell what the hell was actually happening. Of course, I might not be pissed off if I could tell what the hell was actually happening... which might be the point of the article. |
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Posted: 2/24/2016 12:57:05 PM EDT
[#36]
Quote HistoryQuoted:
I am just tired of everyone claiming to have PTSD. Police killed in the line of duty is a very personal issue to me. Over the past several years, Quantico Tactical has donated over $250,000 to Concerns of Police Survivors. http://www.quanticotactical.com/COPSCheckPresentation.jpg Quote HistoryQuoted:
Quoted:
Quoted:
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The blue-haired daughter claims to have PTSD. Maybe she can hook up with Palin's son. This. Boy. That's kind a dickish thing to say Quantico. You ever lose a parent at a young age and come across the wreck? I am just tired of everyone claiming to have PTSD. Police killed in the line of duty is a very personal issue to me. Over the past several years, Quantico Tactical has donated over $250,000 to Concerns of Police Survivors. http://www.quanticotactical.com/COPSCheckPresentation.jpg PTSD is very common. Many people don't understand the difference between PTSD and other anxiety disorders. Can I believe a 13 year old girl has PTSD from watching her father die after a week in the hospital after an accident, though? Yeah. Absolutely. |
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Posted: 2/24/2016 12:57:55 PM EDT
[#37]
Quote HistoryQuoted:
Sounds like you know how insurance works. Quote HistoryQuoted:
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My blood isn't boiling. Sounds like you know how insurance works. Yep |
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Posted: 2/24/2016 1:04:51 PM EDT
[#38]
Quote HistoryQuoted: The blue-haired daughter claims to have PTSD. Maybe she can hook up with Palin's son. Minutes after his crash, his wife and daughter drove past the scene, not knowing what had occurred. She saw her dad in the mangled remains of his patrol vehicle. She also endured the pain of watching her dad die over the course of several days. They live minutes away from the crash scene, and drive past it daily. |
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Posted: 2/24/2016 1:08:09 PM EDT
[#39]
Sounds like something along these lines happened:
Cop Crashes County pays medical bills/wages to the family for undisclosed time. Family sues Motorist X for Medical/Wages etc. X Settles. County says "Yo, we already paid the medical/wages so reimburse us what we paid since you just got $$$$ for exactly what we already paid for..." Family says "NOO!" FEELS all around. |
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Posted: 2/24/2016 1:11:39 PM EDT
[#40]
Sounds like there is some sort of policy obligation forcing the county to sue. he correct thing for the county to do in the place is figure out a way to change that.
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Posted: 2/24/2016 1:12:16 PM EDT
[#41]
Quote HistoryQuoted:
Sounds like something along these lines happened: Cop Crashes County pays medical bills/wages to the family for undisclosed time. Family sues Motorist X for Medical/Wages etc. X Settles. County says "Yo, we already paid the medical/wages so reimburse us what we paid since you just got $$$$ for exactly what we already paid for..." Family says "NOO!" FEELS all around. Yup. Can't ignore the feels. |
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Posted: 2/24/2016 1:13:40 PM EDT
[#42]
Quote HistoryQuoted:
Sounds like there is some sort of policy obligation forcing the county to sue. he correct thing for the county to do in the place is figure out a way to change that. So the taxpayers get to foot the bill for an accident where someone was clearly at fault and therefore financially responsible? Comrade, I think you haven't thought about this enough. |
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Posted: 2/24/2016 1:13:44 PM EDT
[#43]
Quote HistoryQuoted:
In the time since Norsworthy's death the county has never tried to recover reimbursement for his medical bills or lost wages. Killed in the line of duty and your family is on the hook for lost wages and medical bills?? I've never heard of such a thing. What am I missing? I think the people they could expect to recover that from were the people deemed responsible for the accident. Which is why the county is suing the family for their winnings. |
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Posted: 2/24/2016 1:15:44 PM EDT
[#44]
Quote HistoryQuoted:
I think the people they could expect to recover that from were the people deemed responsible for the accident. Which is why the county is suing the family for their winnings. Quote HistoryQuoted:
Quoted:
In the time since Norsworthy's death the county has never tried to recover reimbursement for his medical bills or lost wages. Killed in the line of duty and your family is on the hook for lost wages and medical bills?? I've never heard of such a thing. What am I missing? I think the people they could expect to recover that from were the people deemed responsible for the accident. Which is why the county is suing the family for their winnings. They did recover it from the person responsible. It just ended up in the family's hands first. That fact doesn't change *who* the money actually belongs to. |
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Posted: 2/24/2016 1:21:22 PM EDT
[#45]
Quote HistoryQuoted: Welcome to the world of subrogation. Get money from a lawsuit/settlement? You have to reimburse Medicare/Medicaid/Private health insurance/worker's comp/med pay benefits for payments they made for your medical bills. The lawyer is always supposed to be in communication with these entities prior to settlement of any claim. You make a deal with them prior to settling the case. Usually they will at least lower the amount by 1/3 - even medicare/medicaid, and sometimes give credit for litigation expenses. Sometimes you can lower them by more if the settlement is insufficient and liability was disputed. Plaintiffs' lawyers are supposed to be paying these directly before the client gets any money. It's not fair in that the client and the lawyer do all the work, and the insurance company/government entity sits back and collects their money - with no risk or expense on their part. But that's the way it is. |
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Posted: 2/24/2016 1:33:37 PM EDT
[#46]
I'd like to hear more about the wreck and resulting lawsuit before I decide if I feel bad for the widow or not. More specifically was the "responsible" party actually responsible or only responsible because it was a cop that plowed into them. I've seen that happen more than a time or two.
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Posted: 2/24/2016 1:55:31 PM EDT
[#47]
If i am reading this correctly, the family thinks they should get paid twice for the same damages? if so, how is that different than the proverbial pressure washer?
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Posted: 2/24/2016 1:57:10 PM EDT
[#48]
Quote HistoryQuoted:
PTSD is very common. Many people don't understand the difference between PTSD and other anxiety disorders. Can I believe a 13 year old girl has PTSD from watching her father die after a week in the hospital after an accident, though? Yeah. Absolutely. Quote HistoryQuoted:
Quoted:
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The blue-haired daughter claims to have PTSD. Maybe she can hook up with Palin's son. This. Boy. That's kind a dickish thing to say Quantico. You ever lose a parent at a young age and come across the wreck? I am just tired of everyone claiming to have PTSD. Police killed in the line of duty is a very personal issue to me. Over the past several years, Quantico Tactical has donated over $250,000 to Concerns of Police Survivors. http://www.quanticotactical.com/COPSCheckPresentation.jpg PTSD is very common. Many people don't understand the difference between PTSD and other anxiety disorders. Can I believe a 13 year old girl has PTSD from watching her father die after a week in the hospital after an accident, though? Yeah. Absolutely. you left out the part where she was at the accident scene just after, so most likely saw him in the wrecked car... I can see it also. |
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Posted: 2/24/2016 1:58:52 PM EDT
[#49]
Quote HistoryQuoted:
Sounds like something along these lines happened: Cop Crashes County pays medical bills/wages to the family for undisclosed time. Family sues Motorist X for Medical/Wages etc. X Settles. County says "Yo, we already paid the medical/wages so reimburse us what we paid since you just got $$$$ for exactly what we already paid for..." Family says "NOO!" FEELS all around. pretty good summary. also, quantico tactical is now officially on my "douchebags to avoid and never give money to" list. |
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Posted: 2/24/2016 1:59:41 PM EDT
[#50]
So shouldn't they get it from the guy responsible just like the family did?
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