Constable, NY Personal Injury Law Firms & Lawyers

At a first glance, there seem to be three issues in this case. First, the issue of liability: while it is likely that the group home can be held liable in this case, "likely" is not enough, and the determination will depend on many details - what is the mental problem the boy has, why was he placed in a group home, was he ever adjudged a danger to other, what were the terms of his placement to the group home, etc. Second issue is whether the group home can be sued: if it is a municipal or a state institution, it might be immune from a civil suit (for instance, in New York, a municipal corporation cannot be sued unless a notice of claim is filed with in 90 days from the event giving rise to the claim). Third issue is whether it will be possible to collect on the judgment: if the group home is (or belongs to) a private organization that has neither adequate liability insurance nor sufficient assets, suing it might be not worth the financial and the emotional costs of the litigation. Talking to an attorney would, probably, be the most reasonable step to take at this point.

If you are referring to a Worker's Compensation lien on a settlement against a third party, then you pay back the comp carrier whatever it is that they paid on your claim. If you are talking about a schedule award, they will get a credit for what they have paid against whatever it is they have to pay you as your lump-sum amount. If you are referring to a Medicare/Medicaid lien, it is whatever amount that they paid on your behalf arising out of the injury for which you are getting a settlement.

You ask if it is too late, but you don't tell us when the injury was. You can't sue your employer anyway. In NY you have two years to file a comp claim.