Legal Question in Personal Injury in California

In many instances it is not feasible to collect more than the defendant's insurance policy limits. The insurer will not pay more than this amount, since the defendant did not pay for more coverage. In theory the defendant can be held liable for additional damages, but most defendants can't afford to pay a large judgment. Proceeding to trial against such a defendant will usually cost more than you can hope to collect beyond the policy limits.

Your lawyers presumably evaluated the defendant's ability to pay before recommending that you settle. You may want to ask them about this to be on the safe side.

Bear in mind that, even if little of the settlement will end up in your pocket, much of it will presumably go toward medical and legal expenses that would otherwise have been your responsibility. In other words, the settlement will reduce the amount that must come *out* of your pocket even if it doesn't put a lot of money in.

Good luck.

You never have to accept a settlement offer. However, if your attorneys are experienced personal injury attorneys and feel this is all the case is worth, you may want to rely upon their advice. If you decide to reject the offer and go to trial, which is your other option, you may end up with less than $75,000. Even if there is a verdict of a higher amount, you may end up with less after payment of attorneys fees and costs of going to trial.

Just make sure your attorneys are trial attorneys and have tried cases and are not afraid to try cases. Don't accept a settlement that you feel is not fair without getting a second opinion from another trial lawyer.