Legal Question in Personal Injury in Mississippi

Wrongful Death & Bodily Injury

On 11/20/01 My ex-wife ran a red light doing in excess if 75 Mph (speed limit 45). A truck who had the green light hit her. My oldest daughter who was in the front seat (no seat belt) was thrown from the car and died at the scene. My younger daughter was in the back seat (seat belt on) was airlifted to La Bhoner Trama center and spent two weeks there.

I have contacted an Attorney to file a judgment for wrongful death and bodily injury. We just received the insurance coverages. They only have 25k/50k (Allstate) on BI. Does this mean I'll only get 50k less the 3rd the attorney keeps? Can I go for more and win? I have read that I can go after her personally for another 300k and probably win.

Please Help, Thank you


Asked on 3/29/02, 4:54 pm

4 Answers from Attorneys
Fred Wood Fred Wood & Associates LLC

Re: Wrongful Death & Bodily Injury

I agree with the other reply that you should take your questions and concerns to the atty you have retained.If you are not satisfied with that atty you should dismiss him or her before seeking advice from others.I cannot tell what state you are in however I assume it is Miss. or Tenn. with your reference to Le Bohner. I have handled serious injury cases throughout the South for twenty years.

Fred Wood Attorney At Law

P.O.Box 606

Hamilton,Al. 35570

205-921-0202

[email protected]

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Answered on 3/30/02, 1:12 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Wrongful Death & Bodily Injury

I agree with the advice provided by Ms. Halpin and Mr. Tobin. Without learning more facts surrounding the accident, the parties involved in the accident, all applicable insurance coverages and whether there may be third parties with liability exposure, I cannot give you any meaningful advice. My heart and prayers go out to you for your unspeakable loss. Seek the information requested from your lawyer, and if you are unhappy with your lawyer or learn that he/she is not experienced in wrongful death and serious personal injury matters, seek another attorney.

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Answered on 3/31/02, 11:30 pm
Michael Tobin Michael M. Tobin, P.A.

Re: Wrongful Death & Bodily Injury

Since you already have an attorney who is familiar with the facts of your case you should look to him for answers. It is considered improper for me to advise a person who is already represented. I suggest you arrange for an in person appointment and consult your attorney to respond to your questions. Be certain that your attorney is experienced in wrongfull death and serious injury claims.

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Answered on 3/29/02, 6:52 pm
Mary Halpin

Re: Wrongful Death & Bodily Injury

First, let me offer my sincerest condolences for this loss of your children. Your attorney is the best source of advice on maximizing your recovery. I have a few questions: Did your x-wife survive the accident? Do you have uninsured motorist coverage? did your former wife have uninsured motorist coverage? These two coverages may be sources of additonal sums. the insurance coverage you mention (25/50) means that the maximum a person could receive in this accident is $25,000 with a maximum of $50,000 for the entire accident which would include injuries to both daughters so you should have $50,000 at least in insurance recovery. hope this helps

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Answered on 3/31/02, 11:30 am


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