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I was in a accident and hit by a drunk driver over 3 years ago. going to trial. can her attorneys appeal and if so how long will
Anonymous2 views6 answers
it take before i settle and if they appeal is there a chance that i will not get as much? the offer amount so far is 87,500.00 i suffered greatly from this accident. broken pelvis, 7 broken ribs, c3 & c4 vertabrea, this was also her 2nd dui. she was charged that night with a dui and her level was a .18. i am very confused and being pressured by my attorneys to settle for this minemle amount.
Sorry for this major life trauma. However, "minimal" is a nebulous word, open to unlimited interpretations. If you have qualified personal injury litigation counsel, he/she knows what is in the best interest of the case (= your best interest). There is no magic formula as to what a case is worth; and no guarantee at trial. Good luck.
I agree with Mr. Adams. You need to discuss these issues with your attorney. is not a place to second guess your attorney. Set up a meeting with your attorney and discuss all of your concerns.
Manuel Alzamora JuarezCar / Auto Accident LawyerBerkeley, CA ·
i AM SORRY YOU ARE HAVING SO MUCH TROUBLE. SETTLEMENT IS LIMITED BY THE DEFENDANT'S INSURANCE AND BY YOUR INSURANCE. I KNOW YOUR INJURIES ARE EXTENSIVE SO LET'S TALK ABOUT THE LIMITS. IF THE DEFENDANT HAS A $100-300K LIMIT. YOU ARE ENTITLED TO THE MAX. IN THAT CASE, $100K. $87K IS LESS THAN THE MAX. THAT MEANS THE INSURANCE CO. IS LAWBALLING YOUR CASE. IN VIEW OF THE EXTENSIVE INJURIES, THEY SHOULD NOT EVEN BE EXPOSING THEIR OWN CLIENT. YOU SAY YOU ARE GOING TO TRIAL, THAT IS ALWAYS A RISK. YOU MAY WIN OR YOU MAY LOSE. ONLY YOUR ATTORNEY SHOULD ADVICE YOU REGARDING THAT ISSUE HOWEVER, YOU ARE ENTITLED TO KNOW HOW MUCH COVERAGE THERE IS IN THE DEFENDANT'S POLICY. ALSO, HOW MUCH INSURANCE DO YOU CARRY? YOU MAY BE ABLE OT CLAIM AGAINST YOUR OWN INSURANCE? DO YOU HAVE AN UMBRELLA POLICY THAT WOULD COVER YOUR MEDICAL LOSSES. MANY OF THESE EXCESS POLICIES DO NOT PAY UNLESS YOU HAVE RECOVERED THE MAX FROM THE DEFENDANT'S POLICY. HAVE A HEART TO HEART TALK WITH YOUR LAWYER AND LET HIM EXPLAIN TO YOU YOUR ALTERNATIVES. NEVER LET PRESSURE MAKE A DECISION. IF YOU KNOW WHAT THE LIMITS ARE, THAT SHOULD GUIDE YOU. THERE ARE ALSO MANY OTHER ISSUES THAT ARE TAKEN INTO CONSIDERATION SUCH AS WAGE LOSS, ECONOMIC LOSSES, OUT OF POCKET EXPENSES FOR CONVALESCENCE ETC. TALK TO YOUR LAWYER. BEST OF LUCK.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
You are the master of your destiny. Don't be pressured to settle by a desperate lawyer looking for a quick buck, as you have very serious injuries. You can switch lawyers at any time. If you do, retain a lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement or verdict, not the lawyer.
Christopher GilreathDefective and Dangerous Products AttorneyMemphis, TN ·
In any case, there is a difference between the proof of the harm caused, and collectability. In other words, your attorney may be advising you to take the money being offered to avoid the risk of recovering nothing. It is difficult to tell from your statement, since I would expect there to be more information and circumstances to consider. Most likely it is an insurance issue. Keep in mind in Tennessee that insurance does NOT cover intentional actions. You can argue that the other driver's conduct was punitive and should be worth a fortune, but that does not guarantee that the other person has resources to collect on those damages. That is also a very good reason why you should maximize the amount of uninsured motorist coverage, because it would provide for additional coverage in just this kind of situation. It is the least expensive auto coverage available, and it does you the most good. listen carefully to your counsel. You hired them for a reason. Ask questions, and make sure you understand. And as far as the appeal goes, yes there is a chance that a verdict reached at trial could be nullified on appeal, depening on what happens at trial, and what legal issues are involved. Settlement allows you to be in control of your fate. Trial does not.
I agree with some of these attorneys and disagree, in part, with others. If your injuries are, as you have stated, and liability is clear, this is a low offer. But, you haven't said what kind of insurance coverage the defendant has. This may be an offer above the policy with the defendant paying some portion out of pocket. Or, this may be an offer below the policy limits.
How far are you from trial? Have you mediated the case with a Tennessee certified mediator? Have your attorneys moved for punitive damages yet? How much are your medical bills and do you have health insurance or are the bills outstanding?
There are a lot of unknowns with the information you have provided so far. You decide the fate of your case and you should never feel pressured by your attorneys. You decide if you want to settle or have your case presented to a jury. The attorneys are only there to advise you and give you their best counsel on the situation based on the law, the facts, their experience, etc. But remember, if you go to trial, a jury now controls the outcome of your case.
Can you expand on any of the questions I've asked?
You really need to express your concerns with your attorney and make sure you are understanding why they may feel you should settle. Good luck to you. And, again, talk to your attorneys - I would hope they would want to do what is best for you.