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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116773
Experience:  Attorney experienced in commercial litigation.
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I was struck by a drunk driver on October 1,2015 he was from

Customer Question

I was struck by a drunk driver on October 1,2015 he was from out of state, uninsured, didn't have a real drivers license for California, gave false statements to a police officer, tried to depart the scene, and physically left me with lingering problems. I lost hope for any kind of justice, my first attorney became sick and dropped the case, my second attempt to find representation wasn't anywhere near what I expected, will anyone represent me without duplicity or taking most of any judgment and leave me with almost nothing? Or saying that I am not worth anything?,depressed Darrell. Thx.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Here is the issue, if the person who hit you has no assets from which you can recover on a judgment, there is little the court system can do to get you compensation. If you have uninsured motorist coverage, then this would be your recourse to seek damages on your claim. If your first attorney dropped your case, then you need to seek a new attorney and you are entitled to all of your files from the first attorney to give to the second attorney. As far as attorney's fees, on these cases the attorneys typically charge between 33% and 40% plus costs, those are standard rates in personal injury cases. However, attorney's fees are negotiable and you can negotiate with the attorney you hire to continue pursuing your case.
As I said at the outset though, if the person who hit you has no insurance and no assets that you can seize to pay any judgment you receive, it is not that your case has no value it is that when you get a judgment there is nothing to collect the judgment from and that is something an attorney will have to look into and consider when pursuing your case unless you have uninsured motorist coverage and in that case you would pursue your uninsured motorist coverage.