A friend of mine was recently in an auto accident. The emergency doctor stated that he is suffering from an orbital eye fracture, similar to one incurring when hit with a baseball. How much can my friend obtain if he sued the at fault defendant. The defendant's policy limit is only 15k. My friend is 30 yrs old and the defendant has assets.
Your friend needs a personal injury attorney.
Value is determined based on so many factors, to include ultimate injuries. None of us have the crystal ball that tells us how your friend will do, nor can we predict the amount of are ultimately needed. Your friend needs to accept no dollars until counsell has exhausted every possible avenue of recovery.
Best of luck to each of you.
Your friend needs to continue his medical treatment and consult with a personal injury attorney as soon as possible to handle the case for him. I have over 20 years of experience handling countless cases for my clients; there is no way to give your friend a fair estimate on how much his claim is worth without reviewing the medical records and a variety of other factors. I would be more than happy to review his case and help him with his case. If he is looking for legal representation, feel free to give him my number: (310) 479-1439.
If the at fault party's policy limit is only $15K that is all you will be able to recover from his insurance company. If you sue him you may be able to recover the $15K plus additional monies from the Defendant, if he has money, assets, a job, etc..
The alternative is to pursue an underinsured claim against his own insurance company. What are his uninsured/undersinured limits ?
You can call me at 310 927 2252 or email at firstname.lastname@example.org. I would be happy to help.
If a person suffers harm because of the negligence of another, said victim needs to do the following: First - immediately get medical attention. Second - hire a personal injury attorney. We personal injury type lawyers offer free consultations and take cases on a contingent (meaning our client does not pay unless he or she "wins" money).
When someone is injured, he or she should only be concerned with getting better, attending doctor visits, attending physical therapy, etc. The lawyer will handle the rest... Figuring out who to sue, whether insurance covers the accident, whose insurance should cover, how much money one can and should get, etc.
A good personal injury attorney should not only understand the law applying to the claim/lawsuit but fully understand the medical damages associated with the injury. Trauma can affect many body parts, vary in severity, vary in long term complications and sequelae. To better one’s chances for a full and fair recovery, one must have an attorney who knows what to ask for from the defendant – compensation for all bodily harms and future medical care that will be needed.
Fortunately, most of us personal injury types offer free consultations and take such cases on contingency, so there is nothing to fear in calling us.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
I would like to address the issue of whether your friend's lawyer will really go after the individual assets of the defendant with minimal policy limits and "assets."
Many lawyers practice their entire careers without ever refusing a policy limits offer. It IS very difficult to get personal assets out of a defendant because typically this means filing suit and going to trial and hoping that the defendant doesn't spend or lose or hide his or her assets before you get a judgment.
I have actually collected in excess of policy limits from a defendant and I suspect not many attorneys have.
It depends on a number of things, too lengthy to list here. Is there underinsured motorist coverage available? Your friend should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Recovery depends on many factors in addition to the insurance policy. For instance was the at fault driver driving a vehicle belonging to his employer? does your friend have a high Uninsured/underinsured policy? I recommend a minimum of $300-$500 k to all my clients. Finally, does the other driver have any substantial assets? I suggest you contact a PI lawyer in your area. best of luck.
As mentioned by many others, it depends on a number of factors. Obtaining a high quality attorney will definitely increase your friend's monetary recovery. An insurance company looks at an injured party with an aggressive attorney in a much different light than they do an injured party without one. An attorney would be able to advise your friend further once they have been retained and they have more information on the details of the accident. Keep in mind, most personal injury attorneys would take the case on a contingency basis, meaning they only charge you if they receive a settlement from the other party.
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