19 Million Jury verdict

[abondi]

I received a jury verdict on Monday in New York Supreme Court against a Drunk Driver in the amount of 18 million dollars. 11 million was for compensatory damages and 7 million was for punitive damages. Believe it or not, the lawyers just said we"ll call you and left the court leaving me dumbfounded and lost. The New York papers and television news have picked up the story and the lawyers don't want me to talk to them. My question is, the drunk driver only had 100,000 dollars insurance, so that means I only get 100,000 right? Also, what should I be asking my lawyers. I really am confused here!!

 

[racer72]

The lawyers have the potential to make millions of dollars off your settlement, I would be on the phone to them asking these questions. They owe it to you.

 

[I AM ALWAYS LIABLE]

I received a jury verdict on Monday in New York Supreme Court against a Drunk Driver in the amount of 18 million dollars. 11 million was for compensatory damages and 7 million was for punitive damages. Believe it or not, the lawyers just said we"ll call you and left the court leaving me dumbfounded and lost. The New York papers and television news have picked up the story and the lawyers don't want me to talk to them. My question is, the drunk driver only had 100,000 dollars insurance, so that means I only get 100,000 right? Also, what should I be asking my lawyers. I really am confused here!!

My response:

First, it's unbelievable if this is, in fact, the way your own attorneys are treating you - - unless you've been the proverbial "pain in the ass" throughout this case. Then it might be understandable.

However, under normal circumstances, such a verdict would be appealed. The insurance carrier has a duty to protect it's insured, despite the fact that the limits of liability are only $100,000.00. It is a sure bet that the verdict of the jury will either be vastly reduced or overturned on appeal, depending upon the facts in the trial transcript; e.g. evidence was allowed that should not have been allowed, or objections were sustained that should not have been sustained, etc., etc., etc. In other words, if there was judicial error, the case could be remanded for re-trial or reduction in verdict.

Now, one more item to discuss. While there was only $100,000.00 in Limits, there is only one scenario that I can think of whereby the insurance company could, themselves, be "on the hook" for the entire judgment. That is, if your attorneys filed and served an "Offer to Compromise" prior to trial, and the insurance company rejected the same, and the verdict was higher than the "Offer", then the insurance company may, in fact, be liable to you for the whole enchillada (notwithstanding any eventual appeal and remittitur of the verdict amount).

I imagine, some heads are going to roll in this matter - - and it's probably going to be the heads of the defense attorneys.

Good luck to you.

IAAL

 

[abondi]

19 million dollar verdict in NY

first let me say many thanks to you for answering my questions. The verdict was run on the AP NewsWires and in the News media. After waiting 2 days after the verdict my lawyers finally called me and it was only to tell me not to talk to the media. I told them I had no problem with talking to a reporter and he wouldnt give me the persons number he conferenced the reporter on. After that, no calls, I left 3 messages and finally got the lawyer & asked what happens now? All they said was that we had 21 days to wait for the other side to file motions and then I would be able to do a asset check on the drunk driver. Thats it. They were only concerned about whether the insurance company would send them the 100,000. Obviously, because of their cut.
I have no other options, unless someone out there can think of something. By the way, the day of the trial Rite-Aid was also a defendent because the driver bought his last beer from them, the lawyers said the the Judge took them in consol and told them it didnt look like I had any case against Rite-Aid and therefore they told me I should take their offer before the trial begins. Believe me it was practically nothing. Was this ethical? Or should I see if the judge would tell me if she actually said this? I am very depressed!!