In theory, you should be able to settle the claims separately because the the driver and his insurance company are separate. However, you will be required to sign a release of claims against the driver, and every release of claims includes a release of claims against the driver's insurance company. So, you will need to have the company agree to amend the release so you can pursue your claims against the company.
I would encourage you to use the same attorney for both accidents if you were injured in both. Having two accidents complicates both cases and you need a very careful lawyer to identify and separate the injuries you received from each accident. Defense lawyers and insurance adjusters from the second accident will blame the first accident for your injuries. Lawyers and adjusters opposing you on the first accident will blame the second. It is very important that you have a unified approach to...
In theory, the school district may be responsible. Schools do not have insurance which pays this when you submit a bill. Utah law requires you to file a governmental claim with the school district within one year after the injury, and give the district sixty days to approve or deny the claim. Most such claims are denied, so you might be required to file a lawsuit to prove negligence against the school district and to have the bill paid.
In practice, you will probably have to pay the bill and...
Two sections of the Utah Code apply to your question.
1. Under Utah Code Ann. section 75-5-503, an agent under a power of attorney cannot create a revocable trust or make a gift of the principal's property into any type of trust. That section was effective May 5, 2003. I do not have access in my office to earlier laws, but I suspect the same law applied earlier under Utah common law. To go back earlier, we will need to research the issue in a law library which keeps very old versions of the...
Unless your injury was a work related injury (you likely don't work while on disability) you will have to prove the injury was someone's fault before you have a claim insurance will pay. If you think your injury was caused by another person's carelessness, you should see a lawyer.
Yes, a child can file a Utah probate action for a mother who was married. The more important question is whether your mother owned anything in her own name. If she did, you should be entitled to a share.
You should call a lawyer to discuss your situation. Many Utah lawyers like those in our firm will meet with you without a fee and evaluate your case.
A $25,000 liability insurance policy is the minimum policy required by Utah law, and it is not a fair amount in cases like yours. Before you settle for $25,000, you need to do the following:
1. Make sure your health insurance pays all the medical bills before you discuss settlement.
2. Look at your own under-insured insurance coverage on the car you were driving. This coverage is intended to pay you money when the insurance on the bad driver is inadequate.
3. Do your best to determine...
The short answer is that you cannot give your portion of the trust away without a penalty.
Under federal and Utah Medicaid laws, you are required to report to Medicaid all transfers you or your husband have made in the five years prior to the date your husband applies for Medicaid. If you have an interest in the trust now and you give it away, your husband will be penalized by a denial of benefits until the sum of your gift is "spent down" on his medical expenses.
You should talk to a Utah...
Every court in the United States requires guardian reports to be truthful. Since you filed the motion, you should complain to the court that allegations in the report were false. You should also contact an elder law attorney in Michigan and ask for a free consultation to discuss the possibility of elder abuse.