noshenanigans
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Thu Dec-09-04 10:04 AM
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Personal Injury settlements? |
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Edited on Thu Dec-09-04 10:20 AM by noshenanigans
I was wondering if some of the more legal-eagle-y DUers could help me out here. It's a long story but here's the short of it:
Last August in Los Angeles I was driving home through Bel-Air and was hit head-on by an SUV that had flown out of control. None of the witnesses knew what heppen- he just flew over across the line. I was very badly injured, in wheelchair for a few months, numerous surgeries, all that stuff.
My parents moved me to their place in North Carolina since I couldn't do anything for myself. Now, a year and change later, I'm *still* in North Carolina and am out about $80,000 in medical bills. I got a lawyer in California and am pursuing litigation. It's been taking forever because there's a bunch of defendants now (the guy's car was in his dad's name and was leased, so apparently that opens up a bunch of stuff. Plus the family is quite wealthy so there's been a whole rig-a-ma-role).
I'm desperate for this to be over so I can have money to actually re-start my life (I'm 25 now, I was 23 when this happened.) I'm really scared, though, that after the case is settled it won't result in me actually getting any money. Like, they'll just have to give me $1,000 a year or something, like I'd just won the lottery from Hell.
So, can anyone help me find some resources about how settlements work, time-frame wise or anything? I really appreciate the help, I'm going crazy here in the reddest part of NC, and really miss my life. I would just try to do it without the settlement but I'm knee deep in medical leins and stuff.
Edited because I didn't mean to upset anyone with my caustic attempt at a joke, I just need some advice. :)
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ret5hd
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Thu Dec-09-04 10:12 AM
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1. One...hire a personal protection lawyer... |
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not one of those hacks that you seee on tv...a real one, the best you can find that will work on contingency.
Two...rethink your position on the rarity of justified litigation
Three...thank your parents for me. you are fortunate.
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Dogmudgeon
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Thu Dec-09-04 10:16 AM
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2. Justified litigation is RARE? |
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Do you even feel you deserve to litigate?
Don't believe the lies you see on the TV. You really should talk to your attorney, and if necessary, get a local attorney to keep in touch with the one in California.
You were injured, and no matter how loud the "frivolous lawsuit" flacks talk, you have a right to sue for damages. Even if some right-winger takes personal offense to it.
After all, it's in the Constitution.
Good luck!
--p!
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AngryAmish
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Thu Dec-09-04 10:19 AM
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Here are some hints.
1) Make sure the suit in your case is filed. Nothing is ever settled out of Court for real money.
2) Find out how much insurance the guy had. Make sure you at least get it all.
3) Make sure your attorney actually has tried PI cases to verdict before. I would say more than half of the people who claim that they are experts in this field never try a thing. They are hacks.
4) Sometimes there is a structured settlement (payments over time). However, look at the initial cost of the structure to see if it is a good deal. PM me and I'll explain this more.
Actually, PM at any time during the process if you have any questions. I'm not in California (I'm in IL) but I know the business.
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Debbi801
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Thu Dec-09-04 10:21 AM
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4. Hugs to you. I don't know anything about the laws in CA, but... |
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Here in MD, all medical bills would be getting submitted through your car insurance which would in turn be billing the driver's car insurance. There is no way that you should be responsible for the medical bills.
You need to get a really good lawyer and you need to talk to your car insurance company about the medical bills.
I know that when I was in a car accident a few years ago, I never saw a single medical bill. And, the check for my vehicle (my car was totaled) came very quickly. But, the litigation and settlement took a couple of years before that came through.
I hope this all works out for you, the stress dealing with something like this can be very difficult.
Take care, Debbi
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Fri Apr 19th 2024, 11:14 AM
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