August 7, 2009

I am devastated, and need to know if this would even be worth pursuing…?

This is gonna be a little long, but you’ll need the back story. I really need to get some answers here…

My husband was involved in a near fatal motorcycle accident last year. He had a great deal of trauma to his groin area. The accident was NOT his fault and we settled with the other party’s insurance company. In the settlement, it states that we (my husband and I), and only we, release the other party from any other responsibilities that may arise from this accident. (Yes, we signed our life away…)

A year PRIOR to his accident, he had a sperm analysis done b/c we were trying to get pregnant. (I got my tubes UNtied and they made him get the analysis done before the surgery.) We actually got pregnant a couple of times, but both were ectopic.

Last week he had another analysis done so that we could see if there was any chance at all that we could still get pregnant. We got the results back yesterday and the answer wasn’t good. They said that his results were very abnormal and that it would be highly unlikely for us to get pregnant without some kind of artificial help. (Such as invitro)

My husband is an only child and doesn’t have any children of his own. (I have 2 from a previous marriage.) Would it be possible for his parents to sue the person who caused the accident for taking away his chance of giving them grandchildren? Would they be able to sue for the cost of at least one, if not two, rounds of invitrofertilization?

We can’t afford to pay for invitro, but we would if we could. (That is why we chose to pay, out of pocket, to get my tubes untied… it was less than half the cost of invitro.)

We are devastated by this news. We desperately wanted a child together. I just need to know if this is a valid case. Thanks in advance.
We really felt pressured by our lawyers to settle the way we did. We only settled because the lawyer told us that if we went on to sue the family, they would just file bankruptcy and we would get less than the settlement from the insurance company.

His parents WERE expecting to have grandchildren just as we were expecting to have a baby. That is why we went through all the trouble of the tubal reversal… so that we could try for a baby.
Thank you Eagle1 Fox2

You can usually sue for whatever you want, but in this case you gave away your right to do that when you settled. This person or couple that hit you on the motorcycle, as well as their insurance company, were probably surprised as heck when they saw that you signed the form. Often times people do not want to settle (unless it is a large amount) because they want to be able to reserve the right to sue.

As to grandchildren, your or his parents would not win that suit. No one has a right to have grandchildren as that right falls on the parents and not the would be "grandparents."

Also to Slappy. Your answer for her to cheat on him is rather deplorable really. If she didn’t care about having a kid with him, then they would just settle for the two children she already had. The whole purpose for each of them is to have a child TOGETHER. This couple is having a hard enough time financially and emotionally without some idiotic comment from a teenager home alone for the summer with nothing to do.

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