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Would the three be financially better off to file separately or together?

Asked over 2 years ago - Alpharetta, GA

9 people injured in deck collapse. Libiility limits are $100,000 per occurance. Money would be divided between the 9 injuried people How is it usually divided? A Mother, son and female partner were injured. Would they be better off financially to file separately, or as a group (family). One of the injuries was much greater than the other two and we are concerned that if they file as a group and it is equally divided they would only get one part in spite of their being three of them.

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Attorney answers (3)

Thomas Gerad Lewellyn

Reputation Level 13

Answered over 2 years ago. Personal Injury Lawyer in Alameda, CA.

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Filing as a group or in individual cases won't matter, because most likely the court will consolidate all of the cases together anyway. Once all cases have been consolidate, i.e. all 9, the funds should be divided according to the severity of the injuries, not on an equal basis.

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Robert S. Windholz

Reputation Level 8

Answered over 2 years ago. Personal Injury Lawyer in Alpharetta, GA.

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Probably does not matter how you file. If there is negligence the insurance company may likely pay the $100,000 into court and name all the claimant to the pool of money in the suit. If the nine cannot agree on a split, a Judge or Jury will decide what is the $$ allocation.

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Paula Jeanette Mcgill

Reputation Level 16

Answered over 2 years ago. Personal Injury Lawyer in New York, NY.

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Simply because the insurance limit is $100,000 does not mean you cannot recover from other assets of the responsibile party(ies). Remember, there may be multiple parties who are liable for the collapse. Therefore, you would have to consider all of their insurance coverages and assets.

If the matter goes through to trial, it may be cheaper (experts, depositions) to sue as joint plaintiffs. The best thing to do is to take advantage of free consultations with several attorneys. They will be able to review the facts to determine what is better in your case.

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