Victim of stabbing and now a victim of bill collectors.
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Crime, a victim and a load of debt. On a quick shopping trip to Wal-Mart she was stabbed by a would-be purse snatcher. Reportedly she had insurance that paid many of her medical bills, but still has $10,000.00 of debt that isn't going away and has been put further out of reach by the assault. What should she do?
Cheryl Larsen-Kear was preparing for a funeral trip when she was stabbed. On a quick shopping trip to Wal-Mart she was stabbed by a would-be purse snatcher. Reportedly she had insurance that paid many of her medical bills, but still has $10,000.00 of debt that isn't going away and has been put further out of reach by the assault.
A woman who tried to steal Larsen's purse, stabbed her in the arm, neck and back. Store workers rushed to help her and get her to the hospital. But even with doctors pumping pain medicine into her, it wasn't enough, the knife punctured her lung. 7 months later, Larsen sees a doctor once a month and takes morphine twice a day. But it's not just the physical pain she's struggling with; it's the mental anguish of bills piling up. Insurance handled most of the bills, but she still owes 10,000 dollars and can't work to pay them. Her husband has come out of retirement to try and help but it's not enough.
What should she do or if this were a lawyer's client what advice should they give to her?
First of all this story is reported out of Omaha, Nebraska so Iowa law doesn't apply. But Nebraska law may apply and they may have laws very similar to Iowa's. This woman needs assistance and usually that calls for good legal advice. Perhaps the first thing she should do is see an attorney.
If in Iowa a lawyer would have to do a complete interview to find out the facts about the debt, the stabbing and the situation surrounding the stabbing.
In Iowa we have a victim reparation program. Victims of crime can make application to the fund to help pay medical expenses and wage losses while recuperating from being the victim of a crime. She should download the application, fill it out and file it with the Fund.
There is a National Center for Victims of Crime. That program does have a list of the types of benefits available to victims. The linked website is a clearinghouse linking to all state reparation programs. The available benefits include the following:
Benefits - Crime victim compensation programs will generally pay for: 1. medical and dental expenses, 2. counseling costs, 3. funeral or burial expenses, and 4. lost wages or support. Some states also cover such costs as financial counseling, crime scene cleanup, travel for medical treatment or court proceedings, or relocation expenses for victims who must move for their physical safety.
IOWA - Provides on the first page a downloadable application in Word format.
Crime Victim Assistance Division
Department of Justice
321 E. 12th Street, Room 018
Des Moines, IA 50319
(515) 281-5044 FAX: (515) 281-8199
1-800-373-5044
NEBRASKA
Crime Victim Reparations Program
Commission on Law Enforcement
P.O. Box 94946
Lincoln, NE 68509
(402) 471-2828 FAX: (402) 471-2837
The National Crime Victims website has an information page just for victims.
Next a letter to all bill collectors would be in order. Some kind of orderly payback needs to occur. But right now this poor lady needs breathing room so she can get better. The report shows she is a resident of Iowa and Iowa's Debt Collection Statute as well as the federal statute would assist in stopping any harassment by bill collectors.
In order to avoid worsening the debt situation a credit counselor may be able to help and that option would need to be evaluated.
Wal-Mart may have some type of premise liability insurance that carries with it a medical pay provision where a person need only show they were injured on Wal-Mart property to be eligible for benefits. This type of coverage is very helpful to cover co-insurance or deductibles that medical insurance doesn't cover.
Wal-Mart's premise liability insurance may also be a consideration based on a lack of security. I'm not saying there is a lack of security and this type of claim can be tough to prove. But if criminal attacks have occurred with any frequency a lawyer would have to consider such a claim on this woman's behalf.
The source and timing of her debts is unknown and would have to be explored. If her income is low and the bills are high there may be no other choice than bankruptcy. This is the type of situation that the bankruptcy laws were intended to remedy. There is no shame in using these laws for what they were intended. This may be a complete solution to her debt problems.
Rosalind Fuller, the woman who stabbed Larsen, will be sentenced in April. Larsen needs to file a claim with the Court for reparation to be a part of any sentencing order by the Court. It's a long shot but she deserves every chance that exists. And lastly, she should sue Fuller for money damages. They would never be dischargeable in bankruptcy and you never know, Fuller may actually pay any award.