Alloway, NJ Personal Injury Law Firms & Lawyers

You cannot take legal action if you "could have been injured".  You can only take legal action if you suffered an injury as a result of the negligence of some one else.  Inducing labor was probably within the normal medical practice.  If you and the infant were both healthy, then there is no way to measure your "pain and suffering".  I understand your claim was that labor was more painful than it should have been, but that is going to be very difficult to measure.  

Based on the limited information you provided, I do not believe there is anything your husband can do to receive money for his injury. Because he was working, he would have a workers' compensation case. The statute of limitations for workers' compensation cases is two (2) years from either the date of injury or the date of the last payment by the employer or the employer's insurer, which is later. There are a couple of exceptions to this 2 year statute of limitations. However, I cannot answer whether they would apply based on the information provided. If a third party, not affiliated with your husband's employer at the time, is at fault, the statute of limitations against the third party is four (4) years from the date of the injury. Unfortunately, if 21 years has passed since your husband's injury, the statute of limitations has expired on both a workers' compensation case and any case against a third party. Even if it has only been 4 years, as mentioned in the Question Detail, that is still beyond the statute of limitations. Your husband may be entitled to Social Security Disability although his eligibility would depend on information not provided. It does not seem fair that your husband will likely not be able to receive any money, either in workers' compensation or from a third-party. However, statute of limitations, while they can lead to harsh results, do serve a purpose. You husband may want to consult with a workers compensation attorney to determine if there is any exception that may permit him to receive money for his devastating injuries.

Yes you can pursue a case against a driver that caused the accident. Whether he or she was arrested and charged really does not matter as those are criminal and/or traffic matters. Your case against the driver is a "civil" case. All that really matters is that the other driver was at fault for the accident. As long as he or she was, you can pursue your case and collect money for the damage to you vehicle, your injuries and other damages.