Civil Suit

[litltexas]

What is the name of your state?Ohio

I was hit by a drunk driver and have medical bills over her policy limits of $100K. I have been told I can file a civil suit but I have no idea if she has anything to sue for. She doesn't own the home she lives in and I've been told by different attorneys that it isn't worth it. I want to file a civil suit but I don't know how or where to start. I of course am finanically strapped with what I've been thru. It's been almost two years and I'm running out of time. I have worked with her insurance company and have sent a Demand Letter for the full extent of her policy. Almost everything is going to be paid to my health insurance because of subrogation so there is little to help me be put back the way I was before the MVA. I also am now on disability because of this accident and it's hard to make ends meet. I will probably have another surgery soon and it's a mess. There is NO help out there when your hurt by another person and you can no longer work. If not for family I would have lost my home and everything I have worked so hard for. I live alone and this person has ruined my life as I knew it. She on the other hand has not suffered as I have and it's not fair that our system didn't even give her anything but a class to attend and a fine. Do I settle with the insurance company first or the civil suit first? I'm confused and attorneys don't seem to think that it's worth going after her.

 

[freespeech]

Sorry the advice here would be to consult an Atty to go over everything and since you already have and they all say it is not worth it then my suspicion is it may not be worth it.

First, you may have to pay upfront for some of the work an Atty will have to do, you are broke, and secondly you may indeed win a judgment but if there is nothing to get, then there is nothing to get and you have mounting bills to the Atty that will have to be paid.

Did you not have any health insurance of your own?

In addition if you did get a judgment you want to collect in the future, I am sure she will have an Atty to advise her how to prevent this or she can file BK after you get the judgment.

 

[litltexas]

Ohio
The only part I was told wasn't worth it was the civil suit. She can't by law file bankruptcy against this type of suit.

The part that's in subrogation is the health insurance of my own that has the right to be paid back since this was a MVA. That leaves me with my General damages not paid back to me.....my out of pocket expenses and lost wages.

There must be some way she can be held accountable for what she's cost me. It would be one thing....accidents happen but she was drunk. I really don't want to hurt her but she's ruined my life. I just think she should have some out of pocket payments to put it back together.

I'm not married so that leaves me all alone with all the bills and a disability retirement check that won't pay all my living expenses let alone anything I might have in repairs to my home down the road. I'm only 57 and I feel like I have nothing to live for anymore. She cost me a job I had for 22 years driving a school bus and pain everyday for the last two years.

Attorneys don't want to help unless there's enough money in it for them. I guess that figures because they have a lot invested with school and training but there should be someone who could help me since I've already done all the work.

I'm having a hard time getting her insurance company to answer any questions and I think their playing the waiting game. I am prepared to go to court though with Victims of Crimes help. They will also help pay for an attorney if I have to go to court. I can file on my own and that's what I'll do in October if I don't have some answers.

Thanks for any advise you can give me. I do appreciate it.