All cases are different and lawyers handle cases differently. Rather than talking about your case, let me tell you how my firm, which confronts such issues regularly, typically handles this sort of situation. First, we attempt to exhaust all potential sources of recovery. Second, we negotiate with health insurers to either completely wipe out their subrogation/reimbursement rights, which can be done sometimes in Wisconsin, or to reduce the pay back significantly. Third, depending on the...
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In order for her insurer to pay the $50,000, it will likely require that you release her completely, which would bar any lawsuit against her. In addition, if that truly is all the insurance she has, which would need to be investigated, the odds are that she is not worth suing, but that would have to be investigated too. With respect to medical bills, your health insurer, if you have one, may or may not need to be reimbursed for subrogation rights and the medical providers may have liens too....
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You absolutely have a claim and one that should be handled by an attorney since your injuries are so serious. Please feel free to call or email.
I would be happy to discuss this with you. Please feel free to contact me at 262-785-0802. See also my firm's web site at http://www.injurywisconsin.com/Wisconsin_Accidents_0021/Uninsured_Underinsured_Insurance_Wisconsin_0061.html
You absolutely have a potential claim. Please feel free to call me at 262-785-0802. You may want to see my firm's web site at http://www.injurywisconsin.com/Wisconsin_Asbestos_Mesothelioma_Cases_0022/Navy_Veterans_Asbestos_0030.html
You should talk to a lawyer right away. I say this because I do not know any facts other than those you present. And based on those, I'll tell you that the other driver's insurer owes no duty or obligation to you. You could be waiting forever if you are waiting on them.
Yes, you most definitely need to speak with an attorney. Also, if your wife was injured she should seek appropriate medical attention asap. Do not trust the other driver's insurer to look out for your interests.
I'm assuming this accident took place in Wisconsin. Your question is too broad to be answered in a paragraph. I suggest that you meet with 2-3 personal injury lawyers in your immediate area for free consultations, see who you like, and hire one of them. Statistics show that injured victims with a personal injury lawyer get 250%-500% MORE than those injured victims who don't have a lawyer. Also, that way your lawyer can look out for all your legal rights and obligations.