you should have another attorney look at this case. if the statute did in deed expire, i'm surprised they offered anything. it's possible the statute is tolled (for example if criminal charges were pending against the other driver) and your lawyer does not recognize the statute has not expired.
you need to speak to an attorney and do not give any statements (recorded or otherwise) to the claims department prior to speaking with a lawyer. make no mistake about it, the claim representatives will do what they can to find a basis not to pay on a claim and in georgia, slip and fall cases routinely get dismissed by the court on summary judgment. focus on your health and getting the medical treatment that you need. let the lawyer handle the liability aspects with walmart.
yes, you can find out the coverage but you are not doing yourself or the case any favors by trying to handle this alone. even if the insurer provides you with the primary auto insurance information, there could be additional policies or claims that you may overlook. personal injury lawyers almost always give free initial consultations and i'm sure most of the lawyers responsive to your inquiry would find out the insurance coverage available with no charge. a disc injury can cause a lifetime...
what a terrible experience, but i am glad to hear it doesn't appear that your daughter will have any permanent physical injuries. Sounds like there could be multiple parties liable, from the HOA , the management group or a product liability case. do not let your daughter speak to any insurance adjuster or claim rep; let the attorney you hire take care of everything and focus on her health.
Yes you can change attorneys. As others have pointed out, expect your current lawyer to try and collect either his applicable fee percentage on the offer or an hourly rate. Get a copy of your complete file, including all correspondence, demands, offers, medical records and bills, case expenses, and your contract if you do not have a copy already. Then I would at least have another lawyer review your case. PI consultations are generally free and while it may be difficult finding another...
You need to immediately contact an attorney in Atlanta that regularly handles personal injury cases (and perhaps legal malpractice cases). If I understand you correctly, your current lawyer settled with the liability carrier (hopefully for a limited liability release) and the lawyer did not properly proceed with the um claim. Again, speak to another lawyer right away and try and get a copy of the dismissal. It may be possible to re-file the case.
Yes, you can sue for more but your issue is the total available insurance coverage and how much money you can actually collect. The insurance carrier is typically only responsible for payment up to policy limits. Your attorney needs to ensure there is no additional or excess coverage. (We've had several cases where the insurer initially represented a $100k policy and later disclosed $1M+ excess policies.