About three months ago i was injured (wrist)due to someone negligence but the doctors wanted to see if my injury would go away on its own. And put me in physical therapy as well because my hand was weak. they didnt want to resort to having to do surgery, but they have to do it now, because im in to much pain. The guy know it was clearly his fault and he wants to settle. But we have to wait until everything is out of the way including surgery. Now if his insurance policy dont cover the whole settlement. How will he come up with the rest will he sell some of his apartment buildings or will he take out a loan or something?Also if both sides agree including the insurance to the settlement how long would it take for me and my lawyer to receive the money?
2007-07-16 20:28:37 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If your lawyer doesn't know the answers to all of your questions, you should get a new lawyer. Are you in the US?
2007-07-16 20:45:10 · answer #1 · answered by ArRo 6 · 1⤊ 0⤋
Years to never. If a settlement agreement cannot be reached, your lawyer will file suit in Court against both the insurance company and individual. It would then depend on the verdict of the Judge or Jury as the amount of the award. If the award would be more than the insurance amount, your attorney would have to file against all assets of the individual and what he could attach would depend on what the assets are and the laws in the state where the injury occurred.
An insurance company will not settle until at least you are healed from the surgery and they are satified there will be no further claims (and neither will your lawyer, because when you sign, you waive rights to any further amount). Once a settlement is signed it could be as little as 5 bus. days or as long a 2-3 weeks for the check to be cut to your attorney, who will take their share according to the contract you sign with them (usually 30% plus any expenses if settled out of Court, 40% or more plus any expenses if it goes to Trial).
2007-07-17 05:27:30 · answer #2 · answered by bottleblondemama 7 · 0⤊ 0⤋
When he files a claim, his insurance company is going to investigate all the evaluations and all the treatments that you had been receiving. More than likely, they have already done so and they have been watching you for quite some time now. If they show in court the evidence that is quite contrary to what you claim as to the condition of your hand, you can go to prison for insurance fraud. If I were you, I wouldn't be worried much of where he is going to obtain the funds. The kind of evidence that might be shown against you such as video and photos of your daily life while injured is more of an issue.
2007-07-17 04:04:56 · answer #3 · answered by OC 7 · 1⤊ 0⤋
these questions should be directed to your attorney.
2007-07-17 10:50:43 · answer #4 · answered by howard1820 1 · 1⤊ 0⤋