Legal Question in Personal Injury in Alabama
pesonal injury
my husband was riding a motorcycle,
this guy was cutting a tree close to the road, on his proprety,the tree fell on my husband. there telling us we can only sue for the amount of his liabilaty.witch is 100.000.the doctor bills are 60,000 and now he may have brin injury. is there any thing we can do.
3 Answers from Attorneys
Re: pesonal injury
Without reviewing the tree-cutter's insurance policy, it is difficult to say what his potential liability may be. Also, your husband may have coverage under his policy. Additionally, you may be able to sue the tree-cutter and obtain a lien for the value of the judgment if one is rendered on your behalf. You should contact a lawyer to discuss your options. I would be happy to discuss your case with you if you would like to email or phone me.
Re: pesonal injury
There are a lot of factors to consider. Normally you sue the guy cutting the tree, his company (if any), etc. Some attorneys limit themselves to the $100,000 limits because it is a "sure thing" and the defendant may have no other assets or be able to file bankruptcy. You choose Alabama as a listing but it appears you also choose Michigan. State laws can vary.
Re: pesonal injury
You can sue for any amount. If the tree cutter's liability limits were only $100,000 then that is all his insurance company would pay toward liability. The tree cutter may have other assets with which to satisfy a judgment beyond $100,000. In addition, if your husband had insurance on the motorcycle he was riding he should look to see if he had underinsured motorist coverage. Looks like you may be posting from MI. If so I can't speak to their laws.