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Question

my nephew was involved in a traffic accident 2 years ago, and after therapy and surgery, his back is permanently "disabled", no long standing, no lifting more than 15 pounds etc, and a permanent handicap placard. the vehicle at fault has $250000 insurance, and his attorney says to ask for $250k and if they refuse they can ask for more. my nephew says after the almost $110k in drs bills, and the attorney''s fees, there is no compensation that he will never play sports again, he is restricted from being a firefighter or a construction worker and will live with the pain and inconvienience all his life. are they telling him true?

Submitted: 487 days and 11 hours ago.
Category: Personal Injury Law
Value: $15
Status: CLOSED
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Posted by rvlaw 487 days and 10 hours ago.

Answer

Hi, and welcome to Just Answer. Thank you for entrusting me with your legal issue. I will do my best to assist you. During the course of our interaction , I may need some additional information.

1. One of the things that his lawyer should be doing is negotiating the medical bills down...He must tell the health care providers that they must reduce the amounts because there is 110K.......only 250K in insurance plus legal fees; that in light of the devastaing injuries....youur nephew needs more net dollars.

2. Regarding the 250K....if the matter is tried in court...the named defendant is the other driver not his insurance company. What you need to find out is what assets the other driver has...maybe a house...bank accounts..........stocks, etc. Suppose a jury awards him 500K..the insurance company will pay the 250K and your nephew would have a judgment for the other 250K against the defendant personally that could be collected from the driver's personal assets. If the driver really has nothing...then you have to take the 250K insurance, after the lawyer reduces the medical bills.

rich

487 days and 10 hours ago.

Reply

HIs attorney has told him, that if they make the demand now for 250k and the insurance company turns it down (which he expects to be a given) then they can ask for more money and the insurance will be liable for it. if they ask for more money now and the insurance company accepts they will pay the 250k and the reset would need to be collected from the driver. However once they turn it down and if it goes to court asking 1.2 is not unreasonable, but the attorney's fees go to 40% instead of 33%. We are under the impression the driver has a house of value, but with the market today...well u know    is this true as you know it? my nephew is afraid tat he will be in pain all his life with no further action available to him.

Posted by rvlaw 487 days and 10 hours ago.

Answer

I think you need to have a consultation with another local personal injury to confirm that procedure.

Please advise me of your state and nearest large city, and I will get you a link to a directory we lawyers use to find highly qualified legal specialists in various fields. These lawyers are in the directory because they are rated as QUALIFIED by other lawyers in their field of expertise and geographic area. Look through the websites and call a few firms you feel are appropriate for your case.

Rich

487 days and 10 hours ago.

Reply

san diego, ca

Accepted Answer

While I am a member of the NY bar and not CA...I live in Los Angeles and have worked for law offices here and the procedure sounds correct but I want you to consult a CA lawyer.

http://www.martindale.com/personal-injury/s-california/San-Diego-law-firms.htm

There are 120 personal injuy lawyers in SD....just lean toward the 2-9 person firms that do plaintiff personal injury work...read the websites

Hope your nephew is as good as can be expected under the difficult circumstances.

Rich

Expert: rvlaw
Pos. Feedback: 100.0 %
Accepts: 
Answered: 7/23/2008

Attorney

NYC Personal Injury Trial Attorney for 30+ years; Law professor; Arbitrator; Psychotherapist.

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