QUESTION
Do I sue or just take the insurance money?
Asked on Jul 13th, 2013 on Personal Injury - California
More details to this question:
I was struck by a car going 70 mph crossing the highway. The end result of that I had my right leg amputated all the way up to my hip. My Daughter hired an attorney while I was still fighting for my life in the hospital. Now that I am getting better I saw the settlement papers the attorney drew up. I just don't agree with them. The settlement was for a little over 4 million dollars or the combine policy limits, whichever is less. Plus they want me to sign a release agreement from all liability against the insured. I just do not think this is right. I lost my job of ten years; I have to build myself another house because now I am confined to a wheelchair. And the driver just walks away and lets the insurance company handle it. And the money I am getting doesn't even touch for what I have to do. So my question to you what do I do?
12 ANSWERS
Ronald A. Steinberg
Do you trust your lawyer? Well, from what you have said, it seems that he has done a proper and professional job for you. Whether you got $4 million or $40 million, you lost your leg. That can never be replaced. Your life has been permanently changed. However, your recovery (money wise) is controlled by the amount of insurance against which to make your claim. Be glad that there was that much. Many times, the world's biggest jerks who cause the most damage to people have little or no insurance.
Answered on Aug 15th, 2013 at 8:15 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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I am incredibly sorry to read about your injury. Nothing is ever going to make you the same as you were pre-crash. $4 million is a lot of money (despite your tragic loss). Unless the at fault party is independently wealthy or there is some other person or company responsible, then that is probably all you will receive.
Answered on Jul 24th, 2013 at 2:07 AM
4 Awards
I am sorry to read about this very tragic event in your life. This is a prime example that money cannot make you whole. That being said, you already have counsel familiar with the situation and should consult with him. My guess is that he has an idea of what assets there are to pay any damages and has a reason for recommending that amount.
Answered on Jul 24th, 2013 at 2:06 AM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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You should have your attorney tell you what you could reasonably expect a jury to award you, if you we're to take your case to trial. If it is more than the available insurance, then you should determine whether the defendant(s) are collectible. Your attorney should be discussing all of this with you.
Answered on Jul 24th, 2013 at 2:06 AM
James Eugene Hasser
If I were you I would talk to an experienced personal injury lawyer.
Answered on Jul 24th, 2013 at 2:06 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You should be asking your retained lawyer for your options, and his/her opinions on what they think is best for you. Then you must make up your own mind on what to do. If you need a 2nd opinion from another lawyer, you should feel free to get one. In general you do not need to release the negligent party, but in order to collect money over and above the policy limits, you must go to Trial and get a Judgment in excess of those limits. Then the other party would be responsible for paying the verdict, if any, in excess of their insurance limits. Of course, there is the very real question about whether the negligent party is collectible or how much time, effort and cost would be involved in trying to collect any excess judgment vs. the negligent party.
Answered on Jul 24th, 2013 at 2:06 AM
NA richard@jandjlaw.com
The other vehicle was a car (not a truck)? Was it a business vehicle? Your note says 4 mil in settlement. That means to me that there is a commercial insurance policy somewhere, or that you have a lot of UIM coverage yourself. I think the issue comes down to how much insurance coverage is available to you for the subject accident for the other vehicle and for your vehicle - because, generally, you are probably not going to get any money out of the at-fault driver, other than what insurance that person had available at the time.
Answered on Jul 24th, 2013 at 2:06 AM
Thomas Edward Gates
The settlement being proposed is a very good offer. While I can understand how you feel about the driver getting off free, however, that is why we carry insurance.
Answered on Jul 24th, 2013 at 2:06 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have got to start thinking instead of reacting emotionally. Does the defendant have assets? Are you sure of the policy limits, and is the offer for the policy limits? Then you have to consider with your lawyers help what a jury might do with this case in your county. Has anyone ever received a 4 mill verdict for losing a leg? Probably not. 4 mill is a lot of bucks, and it is certain sure. If you go to a jury you have 12 people who don't know you and don t care about you deciding what is fair. You might wind up with far far less if you roll the dice. Thin k, man, think instead of reacting emotionally.
Answered on Jul 24th, 2013 at 2:06 AM
What is the maximum you can recover? Does the driver of the? vehicle have any assets aside from the insurance policies [maybe since the limits are very high]? Is there any public entity or anyone else who is at fault for the accident and do they have assets? Did you agree to the attorney fees before the settlement occurred? Can you get the attorney to reduce his charges since they probably had to do little work on the matter and a fee of 33% or more would seem unconscionable [you might want to complete to the State Bar about the fee if the attorney did little work for a high fee]. Was the other deriver cited for the accident? Any criminal actions taken against him? If they were convicted of a felony for the accident then technically they can be held liable for your attorney fees, but that only helps if there are other assets you can go after. Has your attorney made a reasonable settlement with the medical providers? Nothing will bring your leg back. All you can get is money. If your are getting all the money that you can, then there really is nothing more than can be done.
Answered on Jul 24th, 2013 at 2:06 AM
Medical Malpractice Attorney serving Valparaiso, IN
Partner at
Langer & Langer Attorneys at Law
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If you settle a case for policy limits, you need to know the policy limits of all available liability, excess and umbrella policies providing coverage. If the at fault driver was acting as an employee of someone else and within the course and scope of his employment, you need the same information for the employer. You have a serious injury and need this information.
Answered on Jul 24th, 2013 at 2:06 AM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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Without more specific information and the ability to review the paperwork, I am unable to provide you with an answer. You should take the papers to an attorney who specializes in personal injury litigation. Allow this attorney to review the documents and the facts. At the completion of this review, an attorney should be able to provide you with useful advice.
Answered on Jul 24th, 2013 at 1:37 AM