Most important, communicate with your insurance company in writing and note every employee and extension number you speak with by phone. That's why you have insurance. Cooperate fully with any attorney the insurance company assigned to your case. Insist in writing that the facts are wrong.
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First, very sorry for your loss.
Second, you did the correct thing by hiring a lawyer.
Third, your question/issue boils down to one of "proof", not "law". If there is no proof, you may be stuck with a personal lawsuit against the driver. I must assume there has already been a deposition of the driver, and other discovery regarding proof of insurance.
Your suggested formula is not the law or practice in California (1/2 remaining amount). Some liens can be negotiated, some not. The attorney fees are normally on gross recovery, not on net after liens. You need to speak with your lawyer on this matter.
- Delaware does not require corporations or LLCs to file a corporate income tax form unless it conducts business or receives income from Delaware (so if you did services for a Delaware company you would have to file
1) You should have a USA CPA (or tax attorney) answer this but income "effective connected with a US trade or business" are taxed by the US.
2) Income tax, and possibly an annual minimum state Franchise Tax to maintain the status of your corporation.
3) Since 1989 there is a Tax...
You now understand the challenge of an attorny who takes a case on a contingnt fee. The lawyer not only has to win the case but collect to receive any money.
You could take a "judgment debtor exam" and compel them under oath to disclose where his bank accounts are. Then you need a writ of execution to execute on that/those accounts.
An investment is not a guaranty of repayment or a right to demand repayment at a time of the investors choosing (in the absense of a written partnership apreement.
However, a "statutory" partnership is still governed by rules. To highlight the considerations (and without an in depth inverview) is not possible, but your returning "partner" probably has the right to an accounting for 50% of the distributions since he diappeared (less some defenses you might have) and probably has a statutory...
My colleague makes a good point about consideration but it is not the "end of the world." You could either issue shares to yourself alone with payment. If you"insisst" that shares were issued then you have a few options: your partner endorses his share certificates to you and you become 100 percent owner or surrenders his shares to the corporation and you become a 100 percent owner of what is left. The peril of forming your own corporation is that almost no "pro per" knows how to do it...