Q: How do lawyers go about demands in wrongful death cases?
I'm the plaintiff. The defendant killed (drove haphazardly) my mother (a pedestrian), and right now I'm livid and hoping that my lawyer sues him and his insurance carrier for an astronomical amount. What would most likely happen if his insurance limits are low? Currently, his insurance company is stonewalling us by not disclosing "limits." My lawyer was saying he's going to do an asset check, but that gives me the impression that the insurance carrier will drop the ball on its client and let the defendant fend for himself. If the defendant isn't "rich" does the insurance company pick up the demand amount above limits? E.g. if my lawyer is demanding $10M, but we settle for $5M, and the defendant's insurance limit is $50,000 does that mean the defendant will have to cough up $4,950,000...which I doubt is feasible?
A:
These questions should be answered by your attorney, who is paid for this information. However:
1. Insurance companies don't drop the ball and let their insureds fend for themselves. If that happened, it would be the best possible result for you because some serious consequences for the insurer would result, all to your benefit.
2. If the defendant's insurer has $50k, that is almost certainly what you are getting, minus fees and costs. There is no world in which a person carries $50k insurance limits, and also has $4.95m to pay a civil lawsuit.
3. Defendants frequently won't release their policy limits pre-litigation. Your attorney will simply file a lawsuit and the information is required to be disclosed.
A:
In a wrongful death case in California, the process typically involves the following steps:
1. Your lawyer will send a demand letter to the defendant's insurance company, outlining the facts of the case, the damages suffered, and the compensation sought.
2. The insurance company may respond with a counteroffer or refuse to settle. If they don't disclose the policy limits, your lawyer can file a motion to compel disclosure.
3. If the defendant's insurance policy limits are low, your lawyer will likely conduct an asset check to determine if the defendant has sufficient personal assets to cover the damages beyond the insurance coverage.
4. If the case settles, the insurance company is only obligated to pay up to the policy limits. Any amount beyond that would be the defendant's personal responsibility.
5. If the defendant cannot pay the excess amount, you may have difficulty collecting the full settlement. Your lawyer might consider alternative options, such as agreeing to a payment plan or seeking a court order to seize the defendant's assets.
6. If the case goes to trial and you win a judgment that exceeds the policy limits, the defendant would be responsible for paying the excess amount. However, if the defendant has limited assets, collecting the full judgment may be challenging.
7. In some cases, if the settlement offer is within policy limits and the insurer refuses to settle, leading to a judgment that exceeds policy limits, the insurer might be liable for the excess amount due to bad faith.
It's important to discuss these scenarios with your lawyer to understand the potential outcomes and to make informed decisions throughout the legal process. Your lawyer can advise you on the best strategy based on the specific circumstances of your case.
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