Q: How to distribute settlement funds among a driver and two other passengers when medicals are higher than settlement?
A:
It would be unusual for the settlement to not allocate the sums to each party. There should be settlement agreements and releases for that purpose.
However, if the sums are not allocated, calculate the total damages of each party. Calculate each party's percentage of the total damages. Multiply that percentage times the settlement. Each party will received a pro rata share.
If the driver and two passengers are represented by the same attorney, there is an inherent conflict of interest. Rule of Professional Responsibility 1.7. If you have not executed a waiver of that conflict of interest, the attorney should be prohibited from representing all of you at the same time.
Theodore Allan Greene agrees with this answer
A:
more info needed.
not sure if this is lawyer asking or non atty.
when there is more than one party making a claim, there is almost always a conflict of interest and different lawyers should be advocating for each victim.
the allocation will be a percentage of the total by looking at what their soft tissue meds are in relationship to the total meds.
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