You need to talk to a criminal lawyer, and a family law lawyer. You could be prosecuted for statutory rape or more, depending upon what story the girl has given. You also need family law advice as you may become a father and have all sorts of issues to deal with.
Yes it could be discharged. There are certain claims that are non dischargeable (sec 523). You should consult with local BK atty. If you are going to get a judgment, there are certain key elements to try to prove and have included in your judgment, so you can try to prevent it from being discharged. If you have the right facts and findings in the judgment, you can win in BK court.
Get all appropriate treatment, physically and psychologically. I wouldnt suggest you solely see an acupuncturist. Please have an md also seeing and monitoring. The driving anxiety could also be PTSD. Like other injuries, your psych issues could resolve shortly if you are lucky. I have had clients where that has occurred. I have also had clients where it became disabling and chronic. The value of the case is tied to the extent of injuries, length of time it takes to recover, permanency of...
Who was driving, your mother or boyfriend? Whose car were they in? If the car was owned by your mother, and driven by her, then boyfriend is passenger and isnt subject to Prop 213. if BF was driving and it was his car, then mother was passenger and isnt subject to Prop 213.
if deft is convicted of dui, then Prop 213 doesnt apply.
Talk to your atty. You want to be sure there is enough room in the hearing room. Also, if any are going to testify, they typically would not be inside the hearing room except when they are testifying. They will need to be quiet and not say anything, unless they are testifying.
You have a case if you can prove he gave you the herpes without warning you he had the virus. The fact that he is bisexual isnt enough. people can spread herpes with hetero sex. If you knew he was having unprotected sex at all and didnt insist on taking precautions or not having sex with him, you could be held to have assumed the risk. Locate and talk to some local injury lawyers. Does he have homeowners or renters ins? Does he have a lot of personal assets?
you could get a verdict for a million dollars, but the ins co will only have to pay the policy limit. You would have to try to collect the rest from the deft personally. Sometimes the deft may have a claim against its own ins co for bad faith failure to settle or not trying to settle within the policy limits. Your atty needs to give the carrier the chance to settle for policy limits, in order for this to be a possibility later. If the deft has a bad faith case due to an excess verdict, you may...
Ins settlement checks are normally made payable to the atty and the client jointly. The atty usually deposits the funds in the client trust account the bar requires, and then when it clears, disbursements can be made. Out of stae checks are normally used by ins cos, so they take longer to clear. If there are liens etc that must be negiptiated and or paid, that can hold up disbursements.
The facts of the case makes a difference on the answers to your questions. I like to hear from my client periodically about the health and treatment status. If I dont hear from a client I will normally try to contact them every 2-3 mos, assuming we are not close to any statute of limitations.
#3- Id ask the atty what the concern is. Sometimes in contested liability cases, I will have to discuss liability issues with the client several times.
#4- depends. If you have no med pay or health...