Thanks for the website Karamazov
Anyone know a good auto accident Defense Attorney?
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Thanks for the website Karamazov
BadMoon
Demi G0D Overseer
Doesn't sound good at all.
Thanks for the recommendation Centurion, but Larry H Parker I think only works and helps the side of the Plaintiff, and not on the side of the defense.
Thanks cozzie, but unfortunately I don't have one. Hopefully soon. But if I'm bankrupt, I think I'll have a really tough time finding one
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thenammagazine
Super Freak
Thanks cozzie, but unfortunately I don't have one. Hopefully soon. But if I'm bankrupt, I think I'll have a really tough time finding one
He was referring to the TV show.
ali032373
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If all you have is a $15k policy, trust me, you're not the target defendant in the suit. The $1.1M demand may be global to other defendants in the case, such as the municipality, or the manufacturer of the bike or your car.
Here's what's going to happen- Your carrier will offer its $15k, the pl. will take it, and you will be released from the suit. No pl. atty is going to spend a bunch of money and time getting a judgment from an uncollectible source. It's like getting blood from a stone.
So you don't have $1.1M (or whatever is the fair value of the case). So what? They can't put you in jail. And as I said, no one will go through the process of time and money just to put an uncollectible judgment on you and mess up your credit or put a lien on your house. Because that's really the worst case scenario.
The only possible wrinkle is if the pl. doesn't take the $15k. He may keep you in the case for strategic reasons like defeating diversity or joint and several or something like that. (This is in his case against the defendants mentioned above) Then, your carrier gets pissed because it has a continuing defense obligation that will run up legal bills with only a $15k exposure. Then your atty might not bust his ass per the instructions of the carrier.
But you can cross that bridge when/if you get to it.
Here's what's going to happen- Your carrier will offer its $15k, the pl. will take it, and you will be released from the suit. No pl. atty is going to spend a bunch of money and time getting a judgment from an uncollectible source. It's like getting blood from a stone.
So you don't have $1.1M (or whatever is the fair value of the case). So what? They can't put you in jail. And as I said, no one will go through the process of time and money just to put an uncollectible judgment on you and mess up your credit or put a lien on your house. Because that's really the worst case scenario.
The only possible wrinkle is if the pl. doesn't take the $15k. He may keep you in the case for strategic reasons like defeating diversity or joint and several or something like that. (This is in his case against the defendants mentioned above) Then, your carrier gets pissed because it has a continuing defense obligation that will run up legal bills with only a $15k exposure. Then your atty might not bust his ass per the instructions of the carrier.
But you can cross that bridge when/if you get to it.
ali032373
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And just because he asks for $1.1M doesn't mean it's worth that. In fact there's a 98% chance it's not. If his atty asks for that, it's probably worth ~$500k. Pl. attys. get to be divorced from reality in making demands. They get to make up whatever number they want and start negotiating from there.
People believe this crap all the time. That's why people file $100M lawsuits- it gets attention because it looks like the damages in their case are so bad.
People believe this crap all the time. That's why people file $100M lawsuits- it gets attention because it looks like the damages in their case are so bad.
thanks for the response ali032373. The issue right now is that the plaintiff is not taking the 15,000(highlighted in bold in your post above) which is why a "summons and complaint" was filed against me(I am the only defendant). So I guess I'm playing the waiting game right now. My case was just escalated today and was assigned a new legal claims agent. My insurance company's attorney hopefully will be contacting me shortly. We'll see what happens...The plaintiffs attorney is pretty experienced in motorcycle cases(35 years experience) so he may be dragging this out like how you mentioned above, but I'm not sure what you mean by
"defeating diversity and joint or several..."
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ashkanls
Super Freak
It would really help to know what happened in full but summarized. Was he in your blind spot going 65? You didnt stop at a stop sign? Did he play dead when he got hit?
The reason I ask is because of what happened to me below. I took 25-30 blows to the head and everyone that witnessed it thought I was ok but 20 min later till the present I still have issues.
On 8/24/11 6 what I thought were kids came to my car wash and I saw 2 of them steal for the store inside. I watched the security right after they left to make sure. I went after them and found them at their car that was parked in front of the bank. I came to call the cops after they BSd and the driver knocked my cell out of my hand. I got him in a bear hug from behind and held him for 4 minutes until his friends started punching me in the back of the head. Being right handed I let go and made a backhanded punch to one of their faces and then a 2 hit combo I didn't know I hand in me. That person ended up with a busted nose. They jumped into the Yukon and started to back out. I opened the drivers door and reached for the the keys. It took me 8-10 seconds to get it as they punched me in the head. I got the key and this lady that I know took the keys from me.
8-12 cop cars showed up and all six were arrested. The 2 that hit me in the back of the head were 20 and 17 and the guy I was holding was 18. Funny thing is I knew 80% of those cops and a majority of the witnesses know me too. One of them is a Fire Chief so she called her friend that is dispatch at the station and that's why the cops all came.
20 min after it all ended I was jacked up. I couldnt stand, I couldnt speak, I was talking 3 different languages in the same sentence. I went to the hospital and then it got worse.
Entire thing took 6 minutes (I left out a few things) , I took 25-30 blows to my head, chipped 2 teeth, messed up my left wrist, scratched my overpriced sunglasses, phone gone, faint black eye, missed a week from work, had to pay another guy to make up for my lose, I still get headaches 4 months later, the first month my coordination was way off, My wrist is still jacked.
I will be pursuing 4 of the 6 bastards in court and all of it started for $6.00 worth of crap
willocrew
Super Freak
Incidentally, what stage of the proceedings are you at now?
Has the PF filed any writ documents in court and has there already been a service of process? (I.e. has a process server come knocking on your door?)
If they have then you will be on a strict time limit... Failure to comply with certain procedural requirements within the stipulated time limits (I.e. actual court procedural requirements and not merely just what the PF lawyer is telling you to do in their letter) may result in a default judgment being awarded against you.
Has the PF filed any writ documents in court and has there already been a service of process? (I.e. has a process server come knocking on your door?)
If they have then you will be on a strict time limit... Failure to comply with certain procedural requirements within the stipulated time limits (I.e. actual court procedural requirements and not merely just what the PF lawyer is telling you to do in their letter) may result in a default judgment being awarded against you.
Yes, the Plaintiff has served me the papers, and my insurance companies attorney should have formally answered the served papers. We are in litigation now. So my insurance company's attorney should be contacting me soon.
Wow, you are one brave soul. I'm sorry to hear about the injuries that you sustained. I'm not sure about how badly injured the plaintiff is in terms of head trauma, but I don't have 1. million, 500,000 or 50,000. Maybe I can muster up 10,000 if that. Times are tough for everyone. I don't blame him for what he's asking for, it's just that there is no way in hell I can afford anywhere close to what he is asking for.
ProgMatinee
circlesendwheretheybegin
I'm sorry this is happening to ya, whether or not you were at fault. ____ happens and it sucks. Feel bad for the biker too. Working in the transportation industry, I read articles and memos about accidents all too often. Wish all around that driving was just safer.
No need to be sorry bro, but thanks. When sh#t happens, we just have to move forward and take the punches as they come. It's part of life. For everyone out there who has the minimum 15grand policy, I suggest you change it and try and get the maximum policy coverage your insurance company allows. I know this may increase your auto insurance payments a little, but it maybe worth it in the end. All it takes is a few secs for everything in your life to change.
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Not sure what that means. But my insurance carrier knows that I was served the papers. I let them know right away and faxed over the papers to them. I think they are in the process of assigning me an attorney to formally answer the complaint. They have already assigned me to a new claims adjuster from the Legal team. Whether or not they offically assigned me the actual attorney yet, I'm not sure but the process is underway I think.
thanks ali032373. I just hope my insurance company didn't piss off the plaintiffs attorney during this whole process. The original demand letter before litigation was for around 100,000, then about a month later the plaintiff's attorney served me the papers for around 1 million. My insurance company has left me in the dark for almost the entire process until now(after I've been formally served). I'm just a little upset with my insurance company to say the least, and I'm not very confident that they will fight very hard for me for an affordable settlement given that my policy limit is for only 15 grand.
