This is a question you should be asking your attorney or the adjuster assigned to your case if an attorney has not been appointed. The issue has to do with your individual liability (which is not limited by available insurance) for the plaintiff's damages and your co-defendants right of contribution, indemnity, and apportionment.
The issue is extremely complicated and cannot be answered without reference to the specific facts of the case. However, some general statements can be made....
Probate fees are statutory and depend on the size of the estate. See Probate Code section 10810. Fees for non-statutory extraordinary services are as determined by the court after application. If you are an interested party, you will have an opportunity to object to any extraordinary fees. Except for statutory fees, there is no "customary flat-fee charge." Good luck.
IMO, your remedy is in the bankruptcy court. I do not see this as a “personal injury” case. You should speak to your BK attorney about this situation. If you can show a willful violation AND damage you will be able to recover your damages and attorney fees from the BK court.
I doubt, however, you can prove damages because you filed a Chapter 7 and foreclosure would be the inevitable result in nearly all cases once the stay was lifted or your case closed. Your "equity" is a red herring...
As guardian ad litem, you want to consult an elder law attorney. A special needs trust is an excellent idea. It will protect your father's right to receive government benefits whereas a lump sum payment will not.
It is extremely important that you consult counsel before the settlement is accepted and paid so that you an obtain the necessary court approval and the order can contain necessary language.
You can find a qualified Elder Law attorney using the "Find a Lawyer" function here on...
If you have responded to defendant's motion for summary judgment there is nothing more for you to do except to attend the hearing. If the judge provides tentative rulings be certain you are familiar with CRC Rule 3.1308 and follow it as applicable.
The statute of limitations on a subrogation claim is 3 years in CA. The statute of limitations on a property damage claim is also 3 years. You can, therefore, have a very long tail before the carrier might seek reimbursement from you. Good luck.
Personally, I don't like your skimpy version of the facts because you have not specified what "play games with settlement issues" mean. Dishonesty is frequently nothing more than a different interpretation or understanding of the facts. In my experience, clients are substantially more likely to be dishonest than their lawyer.
You are free to discharge your attorney at any time, for any reason. In that event, irrespective of the reason, your attorney is entitled to a reasonable fee from...
It seems to me that you want to make a claim against the driver of the vehicle. Unless your injuries are substantial such that the driver’s liability insurance will not cover it, why would you want to bring in the city as a defendant? I agree that if you suffered personal injuries you should seek the services of a personal injury attorney. Let a professional worry about who and when you should sue. Good luck.
It can take awhile. I agree with your attorney -- you should receive it soon. Then, of course, the draft needs to clear before your attorney releases funds to you.
In the meantime, ask your attorney to forward to you a disbursal agreement so you will know exactly how much you will be receiving from the settlement so there will be no further delay than necessary.
You should receive notice directly from the insurance company when the draft is forwarded to your attorney. Good luck.