First, all of this should be explained to you by your attorney--that is what you are paying him/her for!
Generally speaking, an injury settlement will be for a gross number out of which your medical bills and attorneys fees must be paid.
But, really, if you have a lawyer representing you, make an appointment to discuss this issue. If your lawyer doesn't want to make the time to discuss it with you, find another lawyer.
To make a claim against a government entity, you must present the claim within 6 months of the injury.
If the entity rejects your claim, you then have 6 months to file a lawsuit.
You should be careful, however, because there may be private (i.e., non-government) defendants who might be responsible for the dangerous condition.
I suggest consulting with an attorney for an evaluation of your claim.
Agree with the other responders -- if you've signed releases, there is not likely any other avenue of recourse.
I'd contact an attorney experienced in this area of law to discuss the facts of your case and see if there are any creative avenues to pursue.
Make sure your employer and your employer's insurance company are advised immediately of the fact that you've been served with a lawsuit.
I would also contact my personal automobile insurance company and advise them of the fact of the accident. Make them open a claim so that, in case there is any issue about whether your employer or your employer's insurance covers you, you can have your personal coverage defend you in this suit.
The case is in civil court. The remedies being sought are civil remedies; in other words: money.
Your previous posts have indicated that you have insurance. Call them. Tell them you've been served with a lawsuit. Do it immediately, as the response must be filed within a certain time.
Will the fact that you were drinking prior to the collision have an effect on the outcome of your civil case? Maybe yes, maybe no. It depends on if the fact is ultimately admitted, but that is...
You have all the rights anyone else does--you just don't have insurance. If she sues you, you have the right to defend yourself. The only difference is that you'll have to pay for the defense yourself, something you wouldn't have to do if you'd had insurance.
I agree, you'd be well served to pay for an hour of an attorney's time for a frank consultation.
We've advised you before that in a civil lawsuit for an auto accident, the only thing the Plaintiff can ask for is money. No jail time in a civil lawsuit.
The most interesting thing about your question is the last sentence: "i have contact my insurance after the accident. and they payed him whatever i had on the plan." Are you saying that your insurance company settled with the driver and he is now suing you? For most of us, that doesn't make sense. Usually, when an insurance company...