Legal Question in Personal Injury in Louisiana

question regarding a wrongful death lawsuit

my dad is a truck driver .he lives in michigan.a couple of months ago he had an accident in louisiana and the other man died as a result of the accident.i figured a lawsuit would come and it has.the company he works for is only insured for a million dollars.he had heard that the lawsuit could be for as much as 2.5 million.he basically has nothing.how will this family get the remaining 1.5 million(if that is the case).my dad has no equity in his home.living paycheck to paycheck.a car not paid for.one that is but it is about 12 years old.a motorcycle paid for worth about 3,000.can they take his paycheck for the rest of his life?what about his social security?he is not drawing it yet but he is 63 and can at any time.he has not spoken with an attorny yet.please help.thank you .


Asked on 8/13/06, 6:49 pm

1 Answer from Attorneys
William Poland Law Offices of William H. Poland

Re: question regarding a wrongful death lawsuit

If your father was not at fault in causing the accident, the insurance for the company will probably defend the case. IF the defense wins the case, your father will not owe anything. If the plaintiff wins, the insurance company will have to pay the judgment up to the amount of the policy limits and your father and his company could become liable to the plaintiff for the remaining part of the judgment. If your father is in fact sued, he needs to insist that the insurance company settle the case as soon as possible for the policy limits and get a dismissal of the claim as to your father. If all else fails, it would appear that your father could take bankruptcy and dishcarge any financial liability he may have for the accident.

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Answered on 8/13/06, 7:07 pm


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