Cases like yours can vary. You have a lawyer and you need to talk it over with him or her.
Some lawyers build cases from the bottom up- meaning they start with the amount of bills and expenses. Or start from the top down- focusing on those intangible losses you have suffered such as loss of enjoyment of life, mental anguish and pain. No calculator will add those up. We've seen people who have given up active play with their children, gardening, motorcycles and many other things that make a...
While you have contractual obligations to cooperate with the claims process, that authorization is over broad and puts them in control of your claim. You should be in control of your claim. It is bad enough insurance carriers routinely underestimate and take advantage of victims, but the manner of negotiation and resolution should be left up to you. Call a lawyer- soon. One of us would be happy to give you further information and help.
The primary answer is their is a right to medpay subrogation, but whether the insurance carrier will waive it all depends on a number of factors- your bills, injury, etc. if you are doing this on your own and quoting "the made whole doctrine" trying to save money, I've often seen insurance carriers take advantage. We'd recommend you hire a personal injury lawyer.
The first priority is getting medical care you want and need by doctors you trust. There are lawyers who would send you in for a spinal fusion if it would put more money in their pockets. There is a lot more to it than running up medical bills and attorney's fees. This all depends on insurance limits, offers, bad faith and causation of those injuries and cannot be answered quickly and easily here.
My deepest condolences. The key to suing a sovereign (government) entity is often a product of patience and perseverance. The path to justice can be very frustrating and choosing a lawyer who is interested in more than the "last offer" is key.
As governmental liability is limited to $200,000/$300,000 in ordinary instances and the value of a life is immeasurable, the process may require legislative approval of a judgment- a process known as a claims bill.
We are involved in a few high...
Certainly hire a lawyer. They can help with steering you through the complicated hurdles insurance companies put up and punitive damages may be available against the drunk driver.
Your question is based on the status of someone under 25 as a minor. Is need more details, but essentially you get the benefits that would apply at the particular age and they change as ages change. There are several factors which need to be discussed and the statute of limitations and evidentiary issues in death cases are extremely fragile. Call a local wrongful death lawyer as soon as possible.