This is about my friends mother. She has been in a lawsuit for about 2 and a half years due to a car accident by a woman who has numerous reckless driving records. My friends mother's lawyer offered the other side 50,000 to settle inclusive of all costs and attorney fees. He did not even consult her to see if she agrees with that amount, I don't know if he had to.
She would like to take it to court with a jury but she's afraid of what if they judge her an amount less. She has no income right now and how are fees and costs paid if she gets less and has no way to pay?
Also, what are the chances of the jury awarding her more? Her doctors have said she needs back and jaw surgery due to this accident as well??
This is in florida.
Answer by rare2findd
Your 'friends mothers' lawyer would not "offer[ed] the other side $ 50,000." The 'other side' would have offered the 50,000 to your friends mother.
And she does not have to accept the offer and her lawyer has no right to accept any offer without the mothers approval.
We don't know enough about this case. If she needs back and jaw surgery, that is something that should have been discussed With her lawyer.
added ~~ perhaps your friends mother needs a new lawyer. AND the information here is not legal advice. It is merely guessing.
Answer by maxmom56
The problem is, how much insurance does the defendant have and how much property does the defendant have? In many personal injury cases, the only real money available is the amount of insurance available. While you may go to trial and get a higher verdict, where's the money going to come from? If the defendant is working you can garnish his wages but it will take a long time to collect the amount of the judgment. If the defendant isn't working, you have to wait until he is. If the defendant has a house, you can place a lien on it, but the mortgage takes priority and, even if there's no mortgage, most courts will not let you take the house and toss the defendant out.
Your friend's mother really needs to sit down with her attorney and find these things out in order to have realistic expectations about this case.
Answer by thebarberlawfirm
I practice in Texas, and a Florida lawyer would need to answer the specifics on a Florida case.
However, in general, I can say that settlement values of cases are not easy to determine from the outside looking in. The value of a case not only depends on the extent of the medical injuries, but can also vary dramatically depending on other factors, such as liability facts, insurance coverage, assets of the defendant, and the history of similar jury verdicts in the area. These factors should be weighed by the attorney and discussed with the client during any settlement negotiations.
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