The prior advice is correct. I just need to add that you may need to seek the assistance of a local attorney. Keep in mind, that while the insurance carrier is under a contractual duty to you and the other driver, they will always act in their own best interest.
I agree with Mr. Doland. Although the other side is/may be lying, the court usually does everything it can to avoid a he said, she said debate. Instead, they let the issues be heard instead of enabling finger pointing. I suggest you hire an attorney.
Appeals are very tricky as the grounds depend on so many things that occurred during the trial. If you had an attorney during the trial, I strongly suggest you speak with him or her about this issue. If not, I suggest you contact an appellate attorney. AVVO is a great forum for simple questions. Yours is too complex. I am sorry.
It would be best to file a response, and seek a waiver of the filing fee. This document would be available in the court's office. The reason a response is best is because it is a "partial settlement." Why can't it be a full settlement. You could also try to have the Plaintiff's attorney sign an agreement that the Plaintiff agrees to not seek a default judgment against you without providing you at least 30 days to file an answer. The problem with this is that the court could get annoyed and...
I suggest you schedule an appointment with your defense attorney. However, if your husband has a public defender, then their time is very limited. Unfortunately, they often have too many cases and no time.
If you believe there is a medical malpractice case, you would need a malpractice attorney who are usually hired on contingency. You can contact your local bar association for a referal to one who could provide a free initial consulation.
the chemical balance of blood can change over time, unless a product is placed in the blood to stop or freeze the process. If you have ever had your blood drawn, you may have noticed the vials from the phlebotomist. They have a product in the bottom of the vial. These will usually freeze whatever process is occurring in the blood. Additionally, refrigeration also slows down any chemical reactions.
In California, the court will be reviewing the entire settlement and case. The judge will review the facts of the case, whether the settlement was proper, the current and future injury of the child, the costs and fees collected by attorneys, and the distribution to other plaintiffs. It is impossible to answer your question without knowing the facts of the entire case.
you do not need to prove that the other party doesn't have insurance for the purposes of your case. However, it may be something to use as evidence to establish that the driver was not following California law at the time.