"If I was sued as a sole proprietorship , is it too late to incorporate to gain liability protection?" -- For this incident, yes.
"Does it make a difference that he is a contractor vs employee?" -- If he was an employee you should have had workers' compensation insurance and your liability would have been limited in most cases. Depending on the nature of the work, your exact relationship, and the cause of the injury a truly independent contractor may be 100% responsible for his injuries.
Your attorney is correct. Your appearance is not necessary. However, if you wish to appear and wait in the wings, it could be of benefit. For example, if a favorable plea bargain is achieved it could be entered that day without the necessity for another appearance. In some cases, this could save you $s and further angst. Your attorney is the best one to advise you on this issue. Good luck.
"I did not give the court jurisdiction on these matters." -- Jurisdiction is usually not a matter of consent. If what you write is true I agree with my colleagues that you should immediately seek the services of a different attorney.
"After I sign everything, he tells me that my insurance company is taking 9K of the 10K leaving me with only 1K. Is this customary?"
Your insurance company has a subrogation claim against any money you have a right to receive if they have paid out for that claim under the terms of your policy.
So, to use your facts as an example, your insurance company must have paid out to you $9K in property damage and since they did it is their right – not yours – to receive the first $9K from the...
I have added the Practice Area: Income Tax. You only have to pay income tax on money you receive as income when it is received.
You cannot, however, delay receipt by refusing to transfer it from your trust account to your general account once your right to the income has become fixed.
Whether your right has become fixed would depend on your retainer agreement, any disbursal agreement, and whether you must wait to pay yourself before the other liens are satisfied.
If plaintiff has offered to settle the case for policy limits, i.e., has made a policy limits demand, you will not be on the hook for a judgment in excess of policy limits -- your insurance company will be obligated to pay the excess amount.
Should you hire your own attorney? It is always wise to have your own, independent attorney. Your attorney might be able to force the issue with a letter. At the very least your attorney could document the policy limits demand and make certain the...
Why would you want to file bankruptcy? You have nothing to protect. If you are homeless your creditors cannot contact or harass you. You're judgment proof. Wait until you have something to protect. You can only obtain a discharge once every 8 years. So, it makes sense to wait until you have assets to protect. Good luck.
A D.O. has the same surgical rights as an M.D. The licenses are equivalent. There is no requirement that a physician be board certified before he can perform plastic surgery. If you wife is unhappy, she could consult a Board Certified plastic surgeon for a second opinion. Good luck.
Any damage claim for "disfigurement" would be subsumed in the negligence and premises liability causes of action. Disfigurement would be part of the damages resulting from the injury. There is no necessity to amend the complaint. However, you may wish to review your discovery responses and supplement those if necessary.
If you have been offered only $2K, it's hard to imagine how the case could get worse.
You do not mention insurance limits, availability of your own health insurance and underinsured motorist coverage, or any expert medical. The issues affect not only the value of your case, but also your bottom line after medical expenses are considered. If the impact was minimal, or if you failed to wear an available seatbelt, that could be the reason for the low offer.
You do not mention where the...