Obviously, the best person to ask is your lawyer.
First goal is get info on defendant insurance policies and, if inadequate, go after your own carrier in Underinsured Motorist (UIM) coverage.
Again, ask your lawyer. It is his job, and all of ours as lawyers, to explain the process to the client.
A wrongful death suit in Illinois has a specific breakdown of who takes what pursuant to the statute. In addition, the court order by the judge specifies precisely what goes to whom, and this is based upon connection to the deceased.
Assuming you had some connection to your adult child (and my condolences on this tragic loss), you should have been entitled to something.
The fact that you were not aware of the suit means you may have a chance to reopen the matter, assuming it is still...
In the real world, no, I don't see any realistic options.
The only possible options might be if anyone in your household owned a car and had insurance on it, that would qualify you under Unisured Motorist Coverage.
Suing the driver is almost never worthwhile, since you will never collect money from a regular person.
Unfortunately, I don't see anything to do. Bad situation. I'm sorry.
If you are not injured, then your choice is between taking the money and fixing it and taking the money and not fixing it.
In your case, with a car you don't want to repair, as long as it is not a total loss, you can take the money and not repair it. This is common.
If you were hurt, then definitely see a lawyer right away and get medical treatment. Keep in mind that accepting the property damage money may end all rights, especially if you sign a release.
If it is settled, you signed a document called a release, which ends all claims against any parties who may be liable, their insurance companies, and anyone else from whom you accepted money designated in the release.
You are done if you are already settled. Once a settlement is agreed to, a release signed, and money disbursed, you have no remedies against that party or his insurer.
This is a textbook example of why you should almost always have a lawyer handle your injury case rather...
Well, that's certainly a unique and unusual work illness and yet another downside of business travel.
Illnesses or injuries occurring while working are generally covered under workers' compensation, which is your sole remedy against your employer, especialky if you were at an increased risk for injury or illness yhan the general public.
No lawsuit is possible versus your employer.
I suggest you consult with a workers compensation lawyer ASAP, as I find the longer people wait to get...
No one can force you to accept a settlement.
Don't sign if you aren't happy. But, be aware that many of the issues of your case probably prevent a better settlement, including attorney's fees, medical liens, and difficulties proving your case.
Have a sit down with your lawyer to better understand all ramifications of settlement as well as the risks of trial.
Sometimes a bad settlement is better than taking a difficult case to trial.
Stephen L. Hoffman
Law Office of Stephen L....
Why aren't you asking your lawyer?
Each case is unique.
In your case, once it's certified for trial it should be assigned within months.
That said, whether it goes to verdict, settles, or wha have you, depends on the specifics of each case. As to PRETRIAL, many judges try to settle cases before beginning trials, but not always. It may even be where this doesn't occur unless the parties agree
No for several reasons.
First, tubal ligation is not foolproof or a guarantee. Even if it is performed properly, it is not a guarantee that you will not become pregnant.
Second, even if this were considered malpractice, your "damages" are not likely to be taken terribly seriously by a jury. Most view unwanted pregnancies with less than sympathetic light.
Third, the surgery occurred in April 2007 and you became pregnant in 2012. The limit for filing is generally 2 years. The most...
The very fact that you are asking this proves the point that you should retain a lawyer.
Unless you are an expert in understanding the following (at least): how insurance companies work, how cases are valued, the claims process, what you can recover for, how to prove pain and suffering, and the mechanics of head injuries, you should not even think about doing this yourself.
The simple fact is, attorneys "add value" to cases because of our experience in handling this type of matter, but...