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RECKLESS IMPRUDENCE RESULTING TO PHYSICAL INJURIES

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micy07


Arresto Menor
Hi,

Just a brief background po kung anong nangyari, yung asawa ko eh nakabangga dahil napapikit sya sa sobrang antok at pagod from work and he admitted that sa police station. Yung guy po na nabangga eh sinugod naman sa hospital at yung asawa ko ang nagbayad ng expenses. Pero after that day hindi na po sila nagkita at napag-usapan nila na babayaran na lang yung mga nagastos sa pagpapagamot. According dun sa doctor daw nya eh napunit yun litid nya so he would need a number of therapies. The guy was texting him para samahan pa sya para magpagamot and also asking kung kelan nya pwedeng i-deposit yung pera sa account nya. They were initially asking for about 60K to cover all the expenses including those na walang resibo kasi na-cover ng health card nya. Pwede po ba yun? Hindi po ba parang double insurance yun? They met 2x para i-try i-settle to pero we think they were asking too much. Now, it's already in court.

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micy07


Arresto Menor
Saka, paano po ba ma-categorize as slight or serious physical injury?

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attyLLL


moderator
in court or with the prosecutor?

it depends on the number of days to heal or the nature or effect of the injury. in his med cert, how many days to heal?

in negotiating a settlement, anything goes. try to wear him down over time.


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micy07


Arresto Menor
Thanks po for your reply.

I guess it's with the prosecutor. They had a mediation last week and they didn't agree to settle since they're pretty firm on getting 60+K. The med cert only shows that he had this injury and that he needed 18 therapies.Initially, when that happened he was advised to rest for 3-5 days only. He also had this cert from their HR saying that he wasn't able to go to work for 2 months but we actually doubt that... They can't present payslips to support that claim. Also, when that happened he was on duty and the car was really slow. Can we also file a counter case against them since we believe that they're asking too much and that they cannot present enough documents to support their claims? They had only a list of charges (consultation, therapies, transpo, medicines) without a single receipt since I think those were covered by the health card. Even the mediator thinks that the amount was too high. We actually offered to pay the full salary for 2 months even though we think that he was able to get some benefits from the company while he was out sick... We really don't have 60K+ to pay them off...

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