auto accident, how do we get compensations

My fiancee was involved in a car accident on Dec. 13, 1999.
The driver who hit him was driving a street sweeper for the town. He was sited for making an illegal u-turn and then we found out he tested positive for drug use. I talked to the man in charge of handling the accident, and he immediately got me a rental car until my car was fixed, the driver had admitted that it was his fault to the police officer at the scene. My fiancee has gone through over a year of physical therapy, chiropractic care, tests, and not to mention pain. He has 2 bulging discs and was told yesterday that he has to get surgery, no ands, ifs, or buts.
We have a lawyer, none of the bills have been paid, he is still working(although at an easier job that doesn't require any lifting). We feel that our lawyer hasn't done much because none of the bills have been paid, lawyers are calling demanding that we pay them! He has to go to surgery within the next month. We have a 9 month old he hasn't been aloud to lift, and after the surgery I have to stay home and help him out and watch the kids, he can't watch them! Also, when he gets his surgery, he wont be able to work for a couple of months. We don't want to go to settlement until we know how the surgery goes, how will we pay our bills? Can I also get compensation? This has almost ruined our marriage and it has been very hard on me mentally and stress wise. Please let me know as much as you can, I trully appreciate it. Thank You. Tracy
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[I AM ALWAYS LIABLE]

Originally posted by tracyhommel@freeadvice.co
My fiancee was involved in a car accident on Dec. 13, 1999.
The driver who hit him was driving a street sweeper for the town. He was sited for making an illegal u-turn and then we found out he tested positive for drug use. I talked to the man in charge of handling the accident, and he immediately got me a rental car until my car was fixed, the driver had admitted that it was his fault to the police officer at the scene. My fiancee has gone through over a year of physical therapy, chiropractic care, tests, and not to mention pain. He has 2 bulging discs and was told yesterday that he has to get surgery, no ands, ifs, or buts.
We have a lawyer, none of the bills have been paid, he is still working(although at an easier job that doesn't require any lifting). We feel that our lawyer hasn't done much because none of the bills have been paid, lawyers are calling demanding that we pay them! He has to go to surgery within the next month. We have a 9 month old he hasn't been aloud to lift, and after the surgery I have to stay home and help him out and watch the kids, he can't watch them! Also, when he gets his surgery, he wont be able to work for a couple of months. We don't want to go to settlement until we know how the surgery goes, how will we pay our bills? Can I also get compensation? This has almost ruined our marriage and it has been very hard on me mentally and stress wise. Please let me know as much as you can, I trully appreciate it. Thank You. Tracy
'

My response:

First, the easy part. Since you were not married to him at the time of the accident, you are not entitled to any damages (such as "Loss of Consortium"). The law encourages marriage and will protect a marriage. But, the law does not protect "live together" arrangements.

You've never mentioned whether your boyfriend had medical insurance - - either in his auto policy or insurance from work; and, perhaps the absence of which is where the problem lies. You see, even though the driver of the other vehicle admitted fault, that doesn't mean he is at fault. Until a judge drops his gavel, or a jury says he at fault, he's entitled to his lawful defenses and protections. In other words, the other driver's insurance company does not have to "roll over" and pay any medicals or anything else until they are required to do so.

IAAL

[JETX]

In addition to IAAL's reply, I add the following:

What does your attorney say when you relay these comments to him?? After all, he is the one that is supposed to be pursuing the PI (Personal Injury) claim on your behalf. And based on your comments, it sounds like it will be a substantial claim.

Either get your attorney to do his job, or get another attorney!! (Look for the meanest hungriest, most experienced one out there... they usually advertise on TV during Judge Judy or Mills programs!!).