QUESTION
Should my daughter settle or go to trial for an auto accident lawsuit and what do you think her chances are?
Asked on Sep 08th, 2012 on Personal Injury - California
More details to this question:
My daughter was rear ended by a lady who was on her cell (says using earpiece).Lady was sited for reckless driving. She only has $30,000 in coverage.My daughter has had back surgery to repair a herniated disk.And has had therapy both before and since the surgery. Before we hired attorney my daughter had asked for $20,000 when the insurance company for the lady offered $9,300.They refused and after hiring attorney he said that insurance co opened themselves up to take care of the now much higher medical bills etc.My daughter through her attorney had submitted an amount of $180,000 to settle.The insurance co. had offered $30,000. Through negotiations the insurance co has increased to $50,000 and my daughter's attorney has gone down to $110,000.Should she settle or go to trail.If she should settle approx how much should she settle for What are her chances with going to trail?Her medical bills are approx $70,000, however her attorney says that she can only claim approx $25,000 as her insurance company already paid part on her husbands insurance.Hope you can give me some direction as my daughter is only 25 and may require future medical per her dr.
2 ANSWERS
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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You have to depend on your daughter's attorney to advise you on this.
Answered on Sep 16th, 2012 at 2:36 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Liability is clear. So, it seems, at trial the defendant would lose; the insurance company would pay the $30,000 policy amount and the attorney fees to defend her. Offering $50,000 to settle? The insurance company is putting nothing at risk. As for the medical bills her husband's insurance has paid, the defendant's insurance reimburses that company !00% and does not pay a compromise amount as it might have done. Insurance companies always offer ridiculously low amounts to settle, to test the intelligence and will-power of the injured person and to test the competence of the injured person's attorney and whether he/she is lazy. Her attorney should revoke the $110,000 settlement offer until he explains to her thoroughly why she should settle at any amount. The attorney should explain if he has found a way to hold the insurance company liable to pay beyond the policy limits. If he has, a good tactic is to prepare for trial. On or about the day for trial the insurance company often offers a much bigger amount to settle.
Answered on Sep 16th, 2012 at 12:41 PM