My daugther was killed by a drunk driver March 2012. How can I get more than $31,000? She left a young son behind. He was 2 years old at the time.

First let me start by saying I'm sorry for your loss. While no amount of money will ever be sufficient, is important to make sure that all possibilities for additional insurance coverage are exhausted. I'm assuming that this is a North Carolina accident involving a minimum limits insurance policy on the vehicle being operated by the defendant. I'm also assuming that the $1000 medical payments came from the vehicle which your daughter was a passenger in or under a policy of insurance which she was an insured. Before agreeing to settle the case I would want to make sure that your attorney investigated the following:  If the vehicle the defendant was driving had a minimum limits policy, was the driver if different from the owner and insured under another stackable liability policy? For example, if the driver was not the owner and at his own liability insurance or was uninsured under a policy for another vehicle and household, it could stack on the liability coverage of vehicle. Second, what your daughter covered by any policy that provided underinsured motorist coverage. Did she on her own vehicle? Was she an insured under a policy in the household? If so, an underinsured motorist claim could be made. These are the pretty obvious things to look for in your attorney is probably already investigated this. I would require written confirmation from the insurance carrier that there is no other insurance available and the policy is a minimum limits policy. I have had in the past where an insurance company has made a mistake as to what coverage was in place at the time of the accident and only after a request was made for written confirmation did they find the error. Third, where did the driver obtain the alcohol prior to the accident? Was he drinking in a bar? If so, there is a potential dram shop action that could be brought against the establishment who sold the defendant the alcohol if they served someone they knew or should have known was intoxicated. Fourth, was there an asset search performed? Just because the defendant did not have much insurance doesn't mean the lawsuit cannot be brought against him in the judgment entered in excess of the insurance coverage. It is possible to collect any excess judgment against personal assets of the defendant. Generally speaking, most attorneys are not going to file suit, get a judgment and try to execute it if the defendant is judgment proof. The defendant has real property, land etc. that would make a lawsuit worth pursuing. Without knowing the specific facts of your case it is impossible for me to give a complete list of things that should be done before throwing in the towel and taking the minimum limits. What I mentioned above simply the most common issues that arise in these types of cases. If your attorney is experienced in personal injury he or she will likely have already considered these things.