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SheilaT

(23,156 posts)
10. The amount of settlement a person can
Thu Feb 23, 2012, 11:48 PM
Feb 2012

receive is generally limited by the policy limits in place.

Since the accident, have medical bills been paid by insurance? That will eat into the final settlement. Does your friend know what the policy limits are, her own and the driver's? It's pretty much impossible, I believe, to get any more than those limits.

Trying to hold the driver personally responsible isn't really much of a possibility, unless the driver is very wealthy and therefore has the financial ability to pay more. Even then, I'm not sure your friend could get much of a settlement.

But having the attorney suddenly call with a "final settlement" is a bit disturbing. He ought to have been in touch at various times along the way, but a lot of attorneys are incredibly bad about doing this. At the very, very least your friend needs to make sure she absolutely understands what is covered, and why the amount offered is what it is. Get it in writing. Someone else needs to accompany her to the attorney's office.

Some of the other advice given, such as perhaps trying to get another attorney is going to be of limited usefulness, since a settlement has been reached. The attorney got the check, took his share, as already pointed out, and the remainder is now your friend's.

Too many people think that they can get a huge settlement after accidents like this, and the reality is, they often get very little beyond getting medical bills covered. I was for a while a paralegal for an attorney who handled small cases like this and the clients were lucky if they walked away with even a few hundred dollars above their medical bills being covered.

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