QUESTION
Would it be best for my daughter and her boyfriend to have separate representation for pursuing compensation?
Asked on Jun 14th, 2016 on Personal Injury - California
More details to this question:
My daughter and her boyfriend were involved in a serious car accident. The at-fault driver ran a red light causing a collision with my daughter's vehicle and another vehicle. My daughter appears to be the most seriously injured. She has a fractured tibia and has already had 2 surgeries (within 10 days of accident) and may need more. Her boyfriend suffered a ruptured bladder that required emergency surgery. We have contacted personal injury lawyers and they are reviewing the case.
5 ANSWERS
Edwin K. Niles
You don't say who was driving your daughter's car, so it's a bit hard to respond. By having the same lawyer, daughter and boy-friend would be precluded from making any claim against the other. But if it is CLEAR that 100% of the fault lies with the other driver, no harm, no foul.
Answered on Jul 19th, 2016 at 6:55 AM
That depends upon what the at-fault driver's insurance limits are. If they are more than adequate to pay for both of their damages, the same attorney could represent both, but your daughter might get less in a settlement as the insurance carrier will offer one sum to settle both claims and if the boy friend is more aggressive he may demand more than his fair share. If there is inadequate coverage and she does not have under-insured coverage, she might get less than she should.
Answered on Jul 19th, 2016 at 6:55 AM
1 Award
No need for separate representation unless insurance limits are low and at fault party has assets to go after.
Answered on Jul 18th, 2016 at 5:51 PM
Personal Injury Attorney serving Irvine, CA
at
Woods Williford Personal Injury Attorneys
Update Your Profile
There could be a potential conflict of interest for the same law firm to represent both. We need additional information to make this determination.
Answered on Jul 18th, 2016 at 5:51 PM
Car Accidents Attorney serving Newport Beach, CA
at
Russell & Lazarus
Update Your Profile
Because there are potentially multiple (i.e. at least 3) claimants (your daughter, her boyfriend, driver of third vehicle, and any passengers in third vehicle) against the same policy or policies for bodily injury damages, there is a potential conflict if one attorney is representing both your daughter and her boyfriend. If there is insufficient policy limits to cover all parties' damages, then the claimants may be arguing over their fair share of the policy(ies). At this juncture, they would each benefit greatly good representation by an attorney or attorneys.
Answered on Jul 18th, 2016 at 5:50 PM