Legal Question in Personal Injury in California

Re: Worngful death case

If you accept the settlement from the insurance company, you will have to sign a release. The release means you cannot sue the other driver. I have discussed this in detail at my blog, www.calpiblog.com

I would suggest you retain an attorney to conduct an asset check on the other party. They may have assets, and if so, you may not want to settle the case. An attorney should be willing to do the asset check on an hourly basis for you.

Re: Worngful death case

DO NOT SETTLE without consulting an attorney. You will waive away your rights to pursue more than $30,000. You want to know everything about him -- whether he's married, what his assets were, etc. before you settle the case. This should be done by an attorney -- and you might find someone who won't charge you an hourly rate to do that.

Re: Worngful death case

The driver's insurance company will not pay you unless you release the driver from further suit in exchange for that money. They would be committing bad faith if they didn't do everything they could to protect their client. What does the police report say about fault? You may have your attorney(and you should get one) undertake some investigation to be sure there are no other assets, and have the driver sign a declaration to that effect, but if you figure out that's all the money there is, you have to seriously consider taking it, particularly since the alternative is chasing a person into bankruptcy, in which case the debt would be discharged, unless you have drunk driving or some willful misconduct. If the driver was driving while working, then theoretically his employer could be responsible, so you should look at this. Point blank, you can't squeeze blood out of a turnip. The other issue is, did your father have underinsured motorist coverage? If so, there's a possiblity that could be used. In short, find out what's out there (other person's assets, other insurance, etc.), and make a decision based on that. As an attorney, I am not particularly interested in turning regular people upside down if there is little insurance. And I'm not in the collection business. A paper judgment will probably do you no good if the individual is willing to file bankruptcy. So, assuming the driver is liable, get at what you can and then contemplate moving on.

Re: Worngful death case

NO. Settlement is final. The insurance company merely represents the driver as an agent. If you already settled with them, it is over. If you haven't agreed or signed anything yet, you should consult with an attorney that knows how these cases are properly handled to see if the offered settlement is reasonable. If not you will have to sue. Contact me if interested in doing this right.

Re: Worngful death case

I have not read the other attorney responses. If you settled your case with the insurance company, you most likely did a full settlement and release of all claims related to the accident. You may go to my wrongful death website at wrongful-death-lawyer.biz for more information on these cases. You may call me for a free consultation on this matter.