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IAAL...Personal Injury(death) lawsuit

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gowest

Member
IAAL...

I would greatly appreciate your advice.

Alabama Lawsuit filed in November 2000 following auto accident-death occurred 6 months later (traumatic brain injury). I am the executrix and sole beneficiary of the estate.

The lawyer (in upstate NY were I live) has informed me that depositions have once again been delayed and are now scheduled for February 2003. There are 5 other lawyers involved (workmen's comp, decedent's mother, trucking company, driver's, and the Estate's Alabama lawyer).

There is $3M in insurance "available". Dump truck driver ran a red light. There are several witnesses. Lawyer says it's a strong case.

I really like the PI lawyer and assume he is capable of winning this lawsuit. He says, "It will never go to trial"... but as it drags out I wonder if it will ever "go anywhere"?

As the executrix what important questions should I be asking? Should I ask the judge to step in and order all the lawyers to get the depositions done? Also, is going to trial necessarily something that we want to avoid?

Thanks IAAL... your knowledge and straightforward answers are always appreciated.
 


I AM ALWAYS LIABLE

Senior Member
My response:

You said - -

"I really like the PI lawyer and assume he is capable of winning this lawsuit. He says, "It will never go to trial"... but as it drags out I wonder if it will ever "go anywhere"?

As the executrix what important questions should I be asking? Should I ask the judge to step in and order all the lawyers to get the depositions done? Also, is going to trial necessarily something that we want to avoid?"

=====================================

I really don't know what to tell you, because I'm not privy to the case file. From what you have said, it appears that the litigation is following a logical course. Since there are so many parties and attorneys it also makes sense that, due to scheduling concerns for all of the attorneys, that obtaining a consensus for deposition schedules is difficult, at best. But no, you can't contact the judge directly - - you must go through your attorney.

As for trial, again, since I haven't seen the file, I can't tell you whether or not trial is in your best interests. However, inherent in all of the various States' laws is that courts always encourage settlement prior to trial; e.g., your State may require arbitration or Mandatory Settlement Conferences.

I'm sorry I couldn't be more specific, but I do believe I've given my best opinion based upon what you've stated.

Good luck to you - - I'll send you my bill.

IAAL
 

gowest

Member
Thanks IAAL...

I'd send you the case file but the medical records from one hospital alone are 16" thick. Your quick response will be rewarded with a "check in the mail" following the lawsuit settlement. :)

I was aware that I personally couldn't ask the judge... In trying to keep it brief I omitted: "should I ask the lawyer to ask the judge?".

As for the jury trial, I guess my main concern is: If we can't get all the lawyers to agree on a deposition date...how will they ever come to an agreement on "who get's how much"?

Thanks for your time. I will remain patient.
 

I AM ALWAYS LIABLE

Senior Member
gowest said:
Thanks IAAL...

I'd send you the case file but the medical records from one hospital alone are 16" thick. Your quick response will be rewarded with a "check in the mail" following the lawsuit settlement. :)

I was aware that I personally couldn't ask the judge... In trying to keep it brief I omitted: "should I ask the lawyer to ask the judge?".

As for the jury trial, I guess my main concern is: If we can't get all the lawyers to agree on a deposition date...how will they ever come to an agreement on "who get's how much"?

Thanks for your time. I will remain patient.

My response:

Unless there is a discovery problem, your attorney won't ask the judge for anything - - unless your attorney feels that a "discovery referee" is warranted, and that can be expensive.

At trial, settlement offers will probably be bantered about, and some people will like it, and others won't. That's what trials and juries are for. Most likely, your case will go to a jury trial and it will be up to the jury to "split the pie" based upon each plaintiff's damages or contributory negligence.

IAAL
 

gowest

Member
Thanks once again...

I hope my attorney is going to be as "assertive" as you were in your last lawsuit. Congratulations.
 
A

aahlee

Guest
Go West:

Thats why i beleive it is very important to interview a lawyer first.

If you have a good case that is complicated, that looks like it could go to trial, you really need to find a lawyer who Likes, i mean LOVES being in a court room, those are hard to find and expensive.

Or if the other party has tons of money and you dont of course, a serious trial laywer will help balance the odds.
 

I AM ALWAYS LIABLE

Senior Member
stephenk said:
"also make sure they drive a cool car like IAALs yellow t-bird."

==================================

My response:

Why, thank you, my dear fellow!

IAAL


P.S. Even though I really like the T-Bird, and it's new "retro" styling, I have to admit I still would rather drive my '67 Chevy lowrider, affectionately named "I Wanna Be Like You". It has far more "bells and whistles", like electric seats that swivel out when the doors are open, and little dingle balls around the windows, a pair of dice hanging from the rearview, and white leather "tuck and roll". Oh, and a chain steering wheel, and gold trim (not the cheap stuff, but 23 caret gold).

You can take the man out of Pacoima, but you can't take Pacoima out of the man (or San Fernando for that matter).

IAAL
 
A

aahlee

Guest
di di di di di di da da da da....lowww rider geting a little hotter.....(begin sax solo)
 

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