QUESTION

What is the average settlement amount if my son was killed by a drunk driver?

Asked on Oct 28th, 2015 on Personal Injury - Illinois
More details to this question:
My son was killed by a wrong way driver. She was drunk with a .213 alcohol level. I'm being told the settlement would be 1.2 million. Is this right? Is there a cap on the insurance?
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2 ANSWERS

Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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There is no set amount for the case you are asking about. The final amount would be determined after reviewing all of the factors in the case. To determine the limits of insurance available for the case, it would be necessary to investigate the limits of the responsible party and see if any other insurance would be available. Thank you for your email.
Answered on Oct 30th, 2015 at 7:04 AM

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General Practice Attorney serving Belvidere, IL at Law Offices of Henry Repay
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I am sorry for your tragic loss. I know financial remuneration can never compensate for a life lost and, as such, a discussion of limits, "value" and such are somewhat out of place. Unfortunately, these determinations do come into play and must be addressed. I have to tell you that there are far too many factual details that would have to be covered, insurance contracts to look at, defendant's circumstances to consider, etc., to be able to give you an idea of what may be payable in the circumstances. Yes, there are typically maximums in coverage and reaching those maximums then leads to other questions. Assuming you have an attorney, I suggest a scheduled, sit-down consultation with your attorney, to review the insurance coverage, any other likely source of funds or liability (such as other insurance coverage), the strengths of the case and, if any, the weaknesses, the possible risks and advantages of going to trial, etc. A polite, calm discussion should provide you the reassurance you need (as often good attorneys nevertheless assume you understand the enough about advice being given and need some prompting to communicate more effectively about the case). If you meet with the attorney and remain concerned about the advice, then you should consider a second opinion, but understand that changing attorneys can create new issues (legal work already done by someone else, time constraints of preparing the case, fee splitting, etc.). So, you will find attorneys cautious in taking over a case. If you are working without an attorney, you should immediately reconsider.
Answered on Oct 30th, 2015 at 7:04 AM

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