Should I take the settlement or pursue further suit?

Question

My girlfriend and I were involved in a car accident several months ago. A woman ran a stop sign and t-boned us as we were crossing a two-way stop intersection. I was released from therapy a couple months ago, and the lawyer is trying to get the maximum 15k the other woman's insurance is willing to pay. My girlfriend recieved a release settlement letter from the lawyer of 15k (the maximum injury claim settlement the woman's insurance covers). My girlfriend, who is still in therapy, thinks it's practical to just take the settlement. But I think she should pursue further suit (personal suit) because of unforeseen damages and future injuries relating to the accident. So here's my question...

Should she settle or pursue a personal suit? And if she does pursue personal suit, what can she expect in terms of settlement, negotiations, time, etc?

Please share experiences. Any legal advice is appreciated. Thank You.

J

Answer 1

Yep talk to your lawyer.If the medical and lost earning is more than her insurance covers and you have underinsured motorists coverage you can probably put a claim in on your insurance.

Answer 2

You need to run this by a good lawyer. If he think he can get a better settlement hee will tell you.  But it is up to her. The other person is doing what best for them. If they thought they could get out of it. She would not be getting such a high offer. They think it will cost them more if it goes to court. The same goes for you as well.

Answer 3

If the woman does not own a pot to pee in.....then you are just waisting your money to sue her personally.  Sure, you can sue...you can even get a judgment. Collecting on that judgment .....whole different matter!  Odds are... that insurance money is all you're going to get.

You hired an attorney.

You are paying him for his legal knowledge and advice.

So listen to him.

That's what you pay him for.

Answer 4

If the at fault party only has what appears to be compulsory limits, it is very doubtful that you will recover anything more.  I  am sure that your attorney has already explained this to you.  If you file suit against her, she will refer the matter over to her insurance company, and they will do everything possible to settle the claim for no more than $15k.  I doubt your attorney will want to pursue this matter further if the at fault party does not have any assets.  If your GF is willing to accept the settlement let her.

If you and/or your girlfriend have underinsured coverage, then you should be filing a claim against that coverage.  

I really think you should be asking your attorney this question, not YA.

Answer 5

You should be asking this question of your lawyer and also of <  YOUR >  insurance company and THEIR lawyers.  Many people forget that often, their own insurance company is an excellent and free source for advice and information

Answer 6

Since you have an attorney that you are paying to answer your questions, who is taking probably a third of what you get, please direct your questions there, not here.