S. David Rosenthal Esquire’s Answers

Yes you can hire a new attorney. There are many variables that can affect the value of a case, but keep in mind that many attorneys do not want to litigate cases like you have described because generally juries do not give big verdicts on these facts and therefore insurance companies low ball and push these cases to trial. The reality is that in a case like this, you the insurance companies force an attorney to spend a lot of time and money litigating a case without much prospective upside....

You need to contact your insurance company immediately and notify them that you have been served with a lawsuit. It will hire an attorney to defend you in the case. It's important to act quickly because you must file a response with the court within 30 days or you will be in "default". Portions of the police report may be helpful to your case but the conclusions of the police officer as to who was at fault are generally inadmissible in a civil case. Ultimately it would be up to jury to...

It's difficult to know the likelihood that a judgment would exceed your policy limit without knowning more facts. Here are a couple things to think about: 1. Nothing is absolute in the law, but its possible that if a jury verdict were to exceed $250k, your insurance company would be determined to be in "bad faith" for failing to settle within the policy limits. In this scenario, it is likely that your insurance company would either pay the full amount of the judgment, or the other party...

Assuming the offer was the liability policy limit, that is the most the insurance policy will pay to cover the other driver's "liability" which, for bodily injury, includes medical expenses, lost income and pain and suffering. So, if you accept the policy limit and sign a release, you cannot get any more money. If you have your own auto insurance policy with uninsured motorist coverage and that policy limit is higher than the other driver's liability limit, you can claim the difference...

If you were in the course and scope of your employment with the University, or if you were acting in some capacity to help the University, it's possible the University would be on the hook. However, just driving somewhere to conduct studies would not make the University liable. Good luck.

The contract controls, but typically contingency attorney fees are calculated on the gross recovery. If the fee is 33%, multiply the total recovery by 33% to determine the amount of the fee. Most contracts also provide for deduction of litigation or case costs incurred by the attorney, for instance the cost of obtaining medical records, court filing fees, depositions, etc. Then deductions are made for any medical expenses owed directly to providers or liens by health insurance companies for...

First, your mom should turn this matter over to her insurance company to defend her against the other driver's claims. Second, if either of you were injured, you should each talk to a good personal injury attorney about your rights, however, since your mom is potentially partially responsible, you should talk to different attorneys to avoid a conflict. Good luck.

If the other driver is convicted of DUI under V.C. §23152 or §23153, then the injured person is not precluded by Prop 213 from recovering non-economic damages, or pain and suffering. Good luck.

It means that the maximum the insurance company is obligated to pay for the at fault person's liability for injury claims is under the insurance contract is $30,000 per person and $60,000 per accident. If only two people were injured, the most that would be paid out would be $30k each. If you had "uninsured motorist" coverage in an amount higher than $30,000 per person, you can make a claim up to the difference in the policy amount once you accept the other guy's policy limit. For instance,...

I assume you are a medical provider or owner of the debt for the MRI's. I further assume the MRI's were done on a lien basis. Most liens set forth the obligation to pay for the medical services regardless of outcome of the case. If that is the case, you can bills the patient directly. I would just suggest that you keep in mind the case did not turn out well financially for the patient and when you provide lien services, you accept some amount of risk. Hopefully you will at a minimum offer...