Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Business litigation attorney. Thanks for your question. I'll be glad to assist you.
Kirk Adams : As for the insurance coverage, the insurance company will only provide coverage up to policy limits. Anything awarded over and above the policy limits would not be covered - - and it would be your responsibility to pay.
Kirk Adams : The good news is that - most of the time - plaintiffs are not really seeking anything more than the policy limits as most people can't afford to pay a judgment over and above policy limits, so that's usually not even an issue in terms of settlement.
im worried about that because I don't want to pay....
Kirk Adams : Sure. I understand that!
Kirk Adams : As I said, it is not likely that the plaintiff would be seeking more than the policy limits because the insurance money is really the only guaranteed funds available.
the plantiff said, that it caused her physical injury, mental and emotional distress. you think the judge would award her more 100,000?
good to know but how sure are you? does all cases are like this?
Kirk Adams : The amount of damages would depend on the injuries sustained. The plaintiff would have to PROVE the damages via medical bills, therapy bills, etc.
Kirk Adams : IT takes a great deal of treatment in order to reach such an amount. So, I can't say what the court would grant or not, BUT the court will only grant what can be proven with evidence.
in criminal case, she got $14,000. that includes that medical bills
Kirk Adams : Ok. The plaintiff could not recover for the same damages twice. So, anything recovered previously should not be sought in the civil action.
if I appear in the court. do I have to sit at the front and asked by the plaintiff lawyer?
Kirk Adams : You would be subject to being questioned in court/deposed by the plaintiff's lawyer.
I am sorry, I am asking stupid questions. im kinna nervous.
Kirk Adams : No, you're fine. Feel free to ask whatever you like.
I should know what question should be asked
Kirk Adams : The good news is that you'll be provided an attorney to assis you through the case, so he/she can assist/advise you throughout the process.
my lawyer will debrief me, right?
Kirk Adams : Absolutely.
Kirk Adams : Your attorney will assist you in preparing for any testimony you may have to give.
I got a letter from the plaintiff lawyer today. it says about "notice of continuance of order to show cause and cmc" what is this?
Kirk Adams : Also, your attorney will advise you on the status of the case, and will help you try and resolve this matter within policy limits.
does this mean, I didn't show up the first time I was summoned?
Kirk Adams : I'm not sure what you mean. If you received a summons to appear, you should have done so.
i have not receive any. i moved to a new address after the civil case. my insurance agent said, the summon letter should be handed personally. then i got this letter with this order to show cause
Kirk Adams : If you never received a notice to appear ,then I don't see how there could be an order to show cause.
Kirk Adams : Usually, an order to show cause is issued as a result of failing to appear or abide by a court order. But, if you weren't served, then that would be your "cause" to show at the hearing.
maybe they did but lost on the mail?
Kirk Adams : Well, if you weren't personally served, then your were likely improperly served.
ok. good to know. if ever they served me then i have a reason why i didn't show up.
Kirk Adams : If you never knew that you were supposed to appear, it would be tough to be there!
then what is cmc (case management conference)?
what u mean, tough to be there?
Kirk Adams : If you didn't know that you were supposed to be there - - then there really would be no way to be there. You just need to discuss this issue with your attorney and develop a solid defense to a claim for failing to appear.
Kirk Adams : A case management conference is a meeting between the parties to discuss the deadlines for the case - - motion deadlines, discovery deadlines, the trial date, etc.
what is motion and discovery dealines?
Kirk Adams : During the course of the litigation, parties may want to file motions (which is the way to communicate with the court - - ask the court to rule on an issue, etc.). The court will set a date for ALL motions to be filed by.
Kirk Adams : Discovery is the procedure of exchanging documents, information, etc. between parties. The court will also place a deadline on completing this as well.
that's for now. i guess, i feel better after our conversation. but can i still contact u later if i need to?
Kirk Adams : Sure. if you need anything further, please let me know.
Kirk Adams : You can find me here: http://www.justanswer.com/law/expert-kirkadams/
Kirk Adams : OR
thanks for ur explainations
Kirk Adams : You can begin your next question with "For Kirk" and it will be directed to me.
Kirk Adams : Glad to help!
i really appreciate it