HerCleverName
Junior Member
What is the name of your state?California
I was the passenger in a vehicle broadsided by an 18 wheel semi truck. I was airlifted to the trauma center with severe injuries necessitating a stay in the intensive care unit for five days. Those injuries included nine broken ribs, one puncturing through my liver, a laceration to my head which required several staples, etc..
The vehicle in which I was riding was insured for $100,000.00 and the trucking company for $1,000,000.00. This should have been an open and shut case, for at least policy limits for my driver. I was the innocent passenger.
After attempting to accept settlement without my knowledge or consent, my lawyer was removed as my counsel by the court. I found an attorney to represent me on the eve of trial, and he was not granted a continuace, "...even upon showing of good cause."
In lieu of filing a "Non-suit" the oppositions insurance lawyers offered $28,000, half the amount of my medical bills! Without even a muinute to consider the new attorney said to accept it as a 'partial settlement." There was a hearing set for about three weeks later, for a confirmation of settlement, (where I would have opposed it) but no one appeared...it was taken off calendar (vacated) and no judgment was ever entered.
I called the clerk of the court today who told me my case was still active.
How can I ask for a new trial or a re-evaluation or something?..I have never seen a penny of the $28,000 either.
I was the passenger in a vehicle broadsided by an 18 wheel semi truck. I was airlifted to the trauma center with severe injuries necessitating a stay in the intensive care unit for five days. Those injuries included nine broken ribs, one puncturing through my liver, a laceration to my head which required several staples, etc..
The vehicle in which I was riding was insured for $100,000.00 and the trucking company for $1,000,000.00. This should have been an open and shut case, for at least policy limits for my driver. I was the innocent passenger.
After attempting to accept settlement without my knowledge or consent, my lawyer was removed as my counsel by the court. I found an attorney to represent me on the eve of trial, and he was not granted a continuace, "...even upon showing of good cause."
In lieu of filing a "Non-suit" the oppositions insurance lawyers offered $28,000, half the amount of my medical bills! Without even a muinute to consider the new attorney said to accept it as a 'partial settlement." There was a hearing set for about three weeks later, for a confirmation of settlement, (where I would have opposed it) but no one appeared...it was taken off calendar (vacated) and no judgment was ever entered.
I called the clerk of the court today who told me my case was still active.
How can I ask for a new trial or a re-evaluation or something?..I have never seen a penny of the $28,000 either.
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