Your case has significant value. With a drunk driver accident comes the threat of punitive damages. Ask your attorney if he did a statutory offer to compromise (pursuant to section 998) for the policy limit of 500k. This gives the insurnace company 30 days to accept that demand. If they let it expire they expose their company to paying above their policy limit should your verdict be in excess of that amount. This really puts the pressure on the insurance company. Further, your son is...
2 people marked this answer as helpful
I think you should go to court. I believe your case to be worth a lot more than 150k. I get 150k for shoulder surgery cases from car accident. Yours had a lot more value.
1 person marked this answer as helpful
You should speak with a lawyer and at least find out the full value of your case. Your wife should get into an orthopedic specialist to take an MRI and MAKE SURE that nothing is wrong. Once you settle with the insurance company you cannot come back after them. Even if she needs surgery in the future. Play it safe, get her looked at by a specailist, get a full medical report, and then decide what to do. I specialize in personal injury and get have you seen by a specialist with or without...
1 person marked this answer as helpful
You may want to sue him small claims court. These are for cases $7,500 and under. You represent yourself in front of the Judge and he or she will give you a judgment. It is very easy and you will previal. You will also get a quick trial date. Go to your closest court house and they will walk you through the process!
Yes you can sue. This sounds like a very good premises liability case. The owner new about the problem and refused to fix it. I would be happy to give you a free consultation and let you know what I think your case is worth.
I have sued Home Depot on at least 5 different occasions. I am familiar with their attorneys and their tactics. You have two years from the date of your acciden to sue. You are still okay. It sounds like liability is an issue. A lot of attorneys are afraid of these types of cases because they are expensive and cost a lot of money to pursue. Feel free to call me and I will give you a little more insight.
You can collect on the personal injury case. I have handled several cases just like yours. Your doctor will need to differentiate what is a "new" injury caused by the second the accident, and what injuries were worsened by the second accident. Any of your bills paid by your workers compensation will have to be repaid when you settle with the responsible third party however. Call me and we can discuss this further. (310) 866-7497.
It is illegal for them to fire you because you were injured on the job.
A CMC is a case management conference and in the hundreds of them that I have done the client has never been there nor have I ever seen a client at one. There are mearly calendar setting conferences between the attorneys and the Court. It is not necessary for you to appear and your attorney does not have to inform you of them. He or she SHOULD however let you know what dates the court set. He or she should also contact you before the CMC and simply ask what dates in the future are not good...
Your injuries and lost wages are certainly not worth 15K. But you have to think big picture and factor in the liability of the landlord and what a jury may deem to be your own negligence. Juries are tough on these cases. There is a chance you could go to jury trial and get nothing. This seems like a safe play to get something back. The other person has to be legally responsible before they have to pay anything.