"Affluenza" civil suit settled

[Adam]

First liability settlement approved for injured teen in Couch case

FORT WORTH — The family of a seriously injured teenage boy has reached a settlement of more than $2 million with the family of a teenager who was driving a speeding pickup last year when it started a chain reaction of collisions, killing four people and injuring 12.

Maria Lemus and Sergio Molina sued the family of Ethan Couch of Fort Worth on behalf of their son, Sergio Molina, saying that his injuries from the wreck have left him unable to do anything more than blink his eyes.

[....]

In the settlement reached Friday in 96th state District Court, Fred and Tonya Couch’s liability insurer agreed to pay $1.638 million cash to the Sergio E. Molina Special Needs Trust. The Couches’ insurer also agreed to purchase two sets of annuities to provide payments to the trust, beginning in July, of $1,515 monthly and of $1,837 monthly, both for life and guaranteed for 25 years.

I have no idea what the real-world monetary costs of what I can only guess is round-the-clock care of a person paralyzed like this is, but I'm willing to bet it's a lot more than $3350 per month.

Personally, if I were the Molinas, I would have insisted upon holding out for more: bleed the insurer completely dry on the policy and then start in on taking a big chunk of the parents' estate. I would also have pushed for mandating that a sizable portion of Ethan Couch's paychecks from now until eternity go to maintaining the trust.

One family is holding out for a jury trial. I suspect that they're probably wise to do so.

[Novaheart]

I have no idea what the real-world monetary costs of what I can only guess is round-the-clock care of a person paralyzed like this is, but I'm willing to bet it's a lot more than $3350 per month.

Personally, if I were the Molinas, I would have insisted upon holding out for more: bleed the insurer completely dry on the policy and then start in on taking a big chunk of the parents' estate. I would also have pushed for mandating that a sizable portion of Ethan Couch's paychecks from now until eternity go to maintaining the trust.

One family is holding out for a jury trial. I suspect that they're probably wise to do so.

The settlement would provide 24/7 care for about 12 years according to my math. Perhaps longer if you put him in a nursing home.

I don't play a lawyer on TV, but it's my understanding that the insurance company only has to pay to the limits of their liability. The victim can sue the parents, but they have probably stashed all of their assets by now, and are ready to file bankruptcy. A judgement against Couch, assuming he's old enough to be sued, would only result in an immediate bankruptcy.

No disrespect to the victim, but if I were at fault in a traffic accident like that, I would have hidden my assets immediately so that when a bankruptcy commissioner asks "Have you given away or (whatever) assets in the last 2 years?" I could truthfully say, "No." I'm also not sure I would have stuck around for the court date if I were that guy. He got really lucky. Spending 12 years in prison in Florida or Texas is not my idea of rehabilitation. I think I would change my name to Mo Schilovitz and go pick fruit on a kibbutz after backpacking through Asia.

[Novaheart]

Some average costs for long-term care in the United States (in 2010) were: $205 per day or $6,235 per month for a semi-private room in a nursing home. $229 per day or $6,965 per month for a private room in a nursing home. $3,293 per month for care in an assisted living facility (for a one-bedroom unit)