In medical malpractice the Attorney's fees are governed pursuant to California Business & Professions Code section 6146, which covers limitations of Attorneys fees that may be charged in claims such as these, and which states in pertinent part:
“(a) AN ATTORNEY SHALL NOT CONTRACT FOR OR COLLECT A CONTINGENCY FEE FOR REPRESENTING A PERSON SEEKING DAMAGES IN CONNECTION WITH AN ACTION FOR INJURY OR DAMAGE AGAINST A HEALTH CARE PROVIDER BASED UPON SUCH PERSON'S ALLEGED PROFESSIONAL NEGLIGENCE,...
If I understand your facts correctly, your insurance company paid for the damage to your car, which was $18K. Your insurance company also paid you additional $4K to make up the difference between the fair market value ($18K) and what you owed to the bank. Your insurance company also paid you $2K for renting another while your car was inoperable.
Am I correct thus far? I hope I am.
So, you are asking for the $10K that was recovered from the 3rd party should go to you. Am I correct? If so,...
While it is a legitimate concern, there are ways of dealing with your situation, including reducing the felony to misdemeanor and getting it expunged. However, not every felony can be reduced into misdemeanor. So, a review of your criminal background is required in order to know for sure if it is doable. Also, some felonies can be kept out based on the date and circumstances, depending to the judge of course.
As for you removing yourself from the case, I don't recommend it. Your grief and...
This is a truly devastating situation. However, your first obligation is the protection and safety of your children. So, you must act accordingly.
Get a lawyer to help you. I wish you and your family the best of luck.
First, report this and other incidents to your local animal control as well as file a police report. It seems like these people do not know how to control their dog.
Second, if your wife was hurt as a result of her fall, she can sue for her personal injuries.
You can also sue for the vet bill.
If your infection was caused from improper injection you will have a case. However, the infection could have occurred as a result of you leaving the injected area open and getting bacteria under the skin. Also, if you are diabetic or have weak immune system you will be more prone to these types of infections. So, it is not clear cut by any means. Your records should be reviewed in order to make a determination.
If the other party is seriously hurt and you refuse to release the information, you are leaving them no choice but to sur you. Once you're sued they'll easily find out the limits by sending form interrogatories. Let them know the limits and tell your insurance company to settle your case within your policy limits. If they refuse to settle and your daughter gets an excess judgment, your insurer has to pay the excess or face a bad faith suit.
You should definitely see an experienced personal injury lawyer. Check avvo.com find a lawyer feature for highly rated lawyers. Feel free to contact me if you'd like a free consultation or have more questions.