You can put pressure on your attorney to commence an action against the defendant. Being that the insurance carrier for the defendant is Allstate, they tend to be very very slow in settling cases even in cases like yours where your injuries are quite serious and you may have good liability. You can give it more time if you want or you can move forward.
Whether or not Allstate decides to settle quickly will also depend on how much insurance coverage the other driver has. The more insurance...
Based on the facts that you presented, I don't think that there is much of a case, if any, unless there is some sort of deliberate conduct by the other side.
Mental distress is extremely difficult to prove
Consult with a local personal injury attorney in the area if you and your boyfriend were injured in the accident and wish to pursue a claim.
Also place your insurance carrier on notice of the accident. You will need to provide a statement as to how the accident happened and what damage was sustained to the vehicle and the person's home. This may be a situation where you carrier and the other driver's insurance carrier resolve this amongst themselves.
In order to succeed you will need to prove that there was a defect because on the stairs. She will have to identify the defect. Then it becomes a case of proving notice of the defect. This will require an expert to show that the step(s) was defective.
There is no cause of action for intoxication. NY does not permit recovery for first person dram shop act violations.
Consult with an attorney to see if you have a case
I am very sorry for your loss.
You may have a claim. The first thing that you need to do is obtain all of your son's medicals records and autopsy report. You need to know what medications your son was taking and you need to know all the contraindications associated with each medicine. Sometimes mixing two drugs in an infant will have an adverse affect as opposed to an adult. Once you have all those records you need to have those records reviewed by a pediatric expert to opine as to...
You can always carry excess insurance protection to protect you.
If you are involved in a litigation and there is a possibility that plaintiff will be seeking money in excess of your insurance protection, your counsel must advise you that your assets may be at risk and to retain personal counsel.
Notify the police. Turnover the partial recording of everything that happened. Contact your insurance carrier and let the know what happened. Have them guide you about applying for no fault benefits under the other guy's policy. You and your family should seek the appropriate medical treatment.
Depending on the police investigation and your injuries, you may have a cause of action against the owner of the vehicle (and possibly the driver if ever identified). At that point, I recommend...