Florence, TX Personal Injury Law Firms & Lawyers

In Michigan your husband is covered for No Fault Benefits, which includes life time medical care, under his own policy so it is irrelevant whether the other vehicle/driver are/aren't insured. So your husband does have lifetime medical benefits for conditions that are caused by the crash. You/your attorney will want to see if there was any umbrella/excess coverage available to the other parties in addition to the primary liability limit. The likely problem with your uninsured claim against your own carrier is that it won't apply if indeed there is insurance on the other vehicle/driver. If you also have underinsured coverage, it would apply, but usually offsets the policy limit you collect ($100k per your question) against the coverage you purchased, so there may not be a full, or any, benefit due from your insurer for the uninsured/underinsured coverage, but you'll need to read your policy to see what the terms of coverage are.

Yes you can sue the surgeon. I would recommend finding a good medical malpractice attorney in your area. Medical malpractice cases are very difficult to win as you bear the burden of proof which means you will have to hire experts to prove your case. Find a good attorney and move forward.

Your answer depends on many factors. If you were legally parked on the side of the road with flashes on, then I would say you cannot collect from your driver for pain and suffering. What did he do wrong? You would only have a potential claim against the drunk driver. You did not describe your injuries in any way or your out of pocket costs, lost wages, medical bill amounts, etc. These factors determine the potential value of your claim.