Hernando, FL Personal Injury Law Firms & Lawyers

No, there is not. This amount is what the insurance company might be willing to pay. One-third of it might also coincide with the amount your attorney is willing to accept for working out a settlement, without litigating the case in court. But your claim is against the person or the business liable for your injury, and the size of the judgment depends on your actual damages: the costs of treatment and rehab, already incurred and reasonably expected in the future; the income lost due to the injury; the loss of future earnings due to the injury; and compensation for pain and suffering. What part of the judgment will be paid by the defendant's insurer is, technically, does not concern you: the rest would have to be paid by the defendant. But that, unfortunately, only a theory. In practice, the insurer will pay what it agreed to pay; the defendant - well, it depends... Some defendants will claim that they don't have any assets against which the judgment can be enforced - and will fight you in court on this issue until hell freezes over. Many defendants are, actually, unable to satisfy the judgment; all you will get from such a defendant is a small portion of his paycheck until he retires. There are many other scenarios and considerations that can make litigating a particular case a proposition that you, yourself, will reject in favor of just accepting the settlement the insurance is offering: while the amount is insultingly small, it might still be better than the alternative. So, it appears that your attorney might not feel it worth spending time to explain to you all the reasons why you should accept the offered settlement, and, instead, tells you that $25000 is all you can get. As I tried to explain, it might be true - in practical sense; but there is no law that sets such a limit. What is important is that you understand all the facts and issues in your case, and make your decision rationally. It is also important for you to understand that, if you accept the settlement, you will have to sign a release from liability (which means that you will not be able to change your mind later and sue for a more adequate compensation, even if you find out that your injury was a lot more serious than the doctors realized at the time). Accepting a certain sum as a settlement "in satisfaction of all claims" is a decision that you will have to live with; don't make it lightly, or with an incomplete information. And, under any circumstances, don't let anyone make this decision for you.

Contact your automobile liability insurance company immediately and make arrangements to have the suit papers delivered to that insurer ASAP. The insurer will have to provide an attorney to represent you and your husband. I will leave it to that attorney to explain the specifics of your potential liability to you.