hit by a drunk drive
Posted 06 August 2012 - 05:21 PM
Posted 07 August 2012 - 11:17 AM
my lawyer is trying to tell me to settle for 150,000.00 and thats about all that i will receive..I may not ever get to go back to work and im still going to doctors its like he doesnt even want to try.
Ok, so when your lawyer recommended settling for $150k and you said, "gosh, Bob, that's not enough to cover all of my past and future medical expenses and past and future lost earnings (especially after you take your 1/3)," what was his response? When you asked where the $150k number came from, what did he say?
I have two eye witnesses and he was arrested for dui what should i do?
I'm guessing that liability isn't disputed or seriously disputed.
what should i do? consult another attorney i dont feel like im being treated fairly. Can you give me any advice?
What makes you think you aren't being "treated fairly"?
Here's my advice: Talk to your lawyer and get as much information as you can about why he believes you should settle for $150k. You said that the other driver was "on the job," which means that, not only is he liable (assuming liability isn't disputed), but his employer is also liable. Whereas the other driver may not have any signficant assets to pay a judgment, his employer might. His employer likely also has insurance that is much more substantial than the driver's personal auto liability coverage. It may be that the driver only $15k in coverage. If he had not been "on the job" at the time of the accident, it might be the case that you couldn't reasonably expect to recover much beyond the limits of his policy. However, if, in fact, his employer is on the hook, then the employer may have coverage that goes well beyond $150k. ON THE OTHER HAND, many big rig truck drivers are self-employed. Therefore, it may very well be the case that there is no more than $150k in insurance coverage and that the driver has no ability to pay anything beyond his coverage. As you can see, there are lots of possibilities here. Accordingly, again, you need to get as much information as possible regarding why your attorney is recommending $150k.
You said that you feel like your lawyer "doesn't even want to try," but you didn't say what it is that you think he doesn't want to try doing. If, in fact, the available insurance is limited to $150k, and if, in fact, there appears to be no reasonable prospect that the driver could satisfy a judgment in excess of his insurance coverage, what do you want your lawyer to do? Yes, you could sue the driver (maybe you already have) and get a judgment against him. Let's say your lawyer busts his ass and gets you a judgment for $150 billion. How will you collect that? Certainly you'll get the $150k from the driver's insurance. But then what? Maybe you can garnish his wages for the rest of his life and get $500 per month or something like that. And maybe you seize and sell all of his non-exempt assets, and may be that nets you another $5k. See where I'm going here? It would be great if there were a pot of gold at the end of every rainbow, but that's not always the case.
Posted 08 August 2012 - 12:09 PM
0 user(s) are reading this topic
0 members, 0 guests, 0 anonymous users