Well the the fact that its kinda hard to hold a deer responsible yet alone attempt to litigate compensation from a dead plate of venison.....
Yet you may have a point...however silly to contemplate in real time.
I am learning much about the fine art of winning as much of an award as possible from the at fault party as well as drawing UIM from my own policy. (Uninsured motorists underinsured et al).....
Make sure if at all possible the at fault driver has lots of insurance ...not the minimum allowed in your state. Also make sure the driver is not a Deer. (LOL) You will need a lawyer even if no suit is necessary to help you deal with Hospital liens and any subrogation efforts that might be coming from your HMO/PPO .
I have learned that hospitals and insurance companies (HMO etc) will try to get your award even after the med bills are all paid....their reasoning being that insurance does not pay full retail for med services but typically about 50%
So they will try to garner your third party award to get some back.
When you are the one hospitalized for four months ya sorta kinda want to get that money for your own devices.
We can tell lawyer jokes all night long but a good ambulance chaser can and will help you keep as much of the award as possible.