Wrongful death case evaluation scheduled

Asked 10 months ago - Utica, MI

wrongful death of my spouse was killed last year by a negligence driver. did not yield at intersection and t-boned my spouse.
suspect has 500k insurance policy and has no assect or savings. lives in apartment one child and his spouse divorced. i am representing myself

what happens in case evaluation hearing, scheduled october 7 in macomb county court. do i have to be present have a meeting with suspect attorney.with the court appointed represtative. if i receive 400k offer and if i take it and suspect attorney dont take and goes to trial and i get more. or

if i receive 100k offer and i reject and goes to trialand in trial i get 85k do i have to pay other lawyer fee?

what are the calculation?

Attorney answers (10)

  1. Jeffrey Mark Adams

    Contributor Level 20

    14

    Lawyers agree

    Answered . Truly sorry for your loss. However, you asked for legal advise so I will be direct. Even if you had a legal background, a person should not represent themselves. The exceptions are almost nil. Common and erroneous fact - you will not net more by cutting out an attorney. Again, the exceptions to this rule are extremely few and far between. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. John F. Brennan

    Contributor Level 19

    11

    Lawyers agree

    Answered . Hire an attorney, you are about to compound the tragedy you suffered. In your case an hourly engagement might be considered.

    To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an... more
  3. James Otto Heiting

    Pro

    Contributor Level 14

    12

    Lawyers agree

    Answered . You are in way over your head. Get a lawyer who can get you the very best settlement or trial result possible. Don't lose out by trying to do this yourself.

  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . I am sorry for your loss. You may not wish to hear this, but I do believe that you are in over your head trying to represent your wife's estate in a wrongful death claim.

    Your questions indicate that you do not know the hurdles you are facing.

    At a bare minimum you should schedule a free consultation with an experienced personal injury/wrongful death attorney in your area.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    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.

    This ans. does not create an attorney/client relationship.
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . I'm not sure what your contingency fee is, but if you are paying more than 20%, you should have lawyer reduce fee, or you can not sign off on the agreement.

  6. Christopher Michael Davis

    Pro

    Contributor Level 17

    8

    Lawyers agree

    Answered . First off, I want to say that I am sorry for your loss. If you are going to trial against the 3rd party insurance companies counsel, then you should have representation yourself. With such a large amount of money at risk, it is important to hire an expert to advocate for you. Please consult with a few personal injury attorneys in your area to go over your rights. Best of luck with resolving your claim.

    Any accident and legal information provided by Davis Law Group to non-clients is for general information purposes... more
  7. Josh P Tolin

    Contributor Level 19

    7

    Lawyers agree

    Answered . I am sorry to hear of your loss. Do not make this any harder on yourself by trying to represent yourself. It doesn't sound like anything has been offered, and if liability is clear, why would you not demand policy limits. You should be able to hire counsel and request a low contingency fee. The reason you need counsel is to attend court hearings, file appropriate motions, and see if you have underinsured coverage. If your wife had a job, you may have substantial lost wages and it is possible to make an underinsured claim, and I think to remove the emotions from the case, you really should hire an attorney. Good luck to you.

  8. David B. Carter Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . The 10% Rule would apply.

  9. Julie A Butcher

    Contributor Level 9

    6

    Lawyers agree

    Answered . I am sorry for your loss and hope you do not compound it by failing to protect yourself and your family. If you do not hire an experienced, compassionate and competent attorney, you are at great risk of doing that. For instance, you only mentioned the at-fault driver's insurance, but do you know whether there is other insurance like your own underinsured motorists' coverage or the at-fault driver's umbrella coverage? While no amount of money can bring your loved one back, you need to be sure you maximize your family's recovery. And, to answer your question about paying fees--you should be able to hire an attorney on a contingency fee basis. You do not pay the other side's attorney fees under any circumstances presented here. Please get counsel. A good place to look is by going to the American Association for Justice website.

    Information provided here is not a substitute for consultation with an attorney. This website does not create an... more
  10. Gerald R Stahl

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . Sorry for your loss. There is a common theme here, do not try to this yourself. Even if there is clear liability, there is a lot of work that should be done. The background of the defendant should be investigated. Your attorney will present the argument for the policy limits I would think. You cannot guess at how this process works. Get the help you need from a personal injury lawyer.

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