I need some Legal assistance, please help

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Sadaiyappan

Sadaiyappan

Golden Member
Nov 29, 2007
1,120
4
81
Hello. My father was crossing a one way street in Houston Texas. A drunk driver who was being chased by the police was going the wrong way down that one way street. He hit and killed my father. His insurance company offered us a settlement of $50,000 and our insurance company offered us $300,000. Should we take the settlements or should we file a Civil case against him? He is in criminal case right now against the state of Texas. As I understand, if the police are chasing him then they are responsible? How much will we get if we file a civil case and lets say we go after the police and other parties such as the bar owners etc? I live in Illinois.
 
X

xSauronx

Lifer
Jul 14, 2000
19,582
4
81
Sorry for the loss of your father.

do you mean you want to file a civil suit against the police chasing the drunk driver and the bar owner and....pretty much anyone you can? Dont forget to sue the city council that made that street a one-way street. And find out what he drank from the bar owner before you sue them so you can sue the distributor and manufacturers of the alcohol.

Take the settlements...you cant replace a loved one with money, but at a certain point youre just being an asshole to other people to fuck them and that kinda sounds like what you were asking about.
 
S

santz

Golden Member
Feb 21, 2006
1,190
0
76
Sorry for your loss, but you are sounding like a gold digger!

Are you upset or happy at your father's loss? whats wrong with you, why the hell would you want to sue the cops? Civil case against the Perp understandable, but the cops too? why?
 
Sadaiyappan

Sadaiyappan

Golden Member
Nov 29, 2007
1,120
4
81
Well, okay now. If we take the settlement then the insurance companies will end up suing those parties anyways. Better that my family gets the money then some insurance company that did not lose a family member.
 
IndyColtsFan

IndyColtsFan

Lifer
Sep 22, 2007
33,655
688
126
OP, sorry for your loss.

You need to consult with a lawyer to hear your options. Do not take any settlement until you do.
 
rcpratt

rcpratt

Lifer
Jul 2, 2009
10,433
110
116
You absolutely need to talk to a lawyer. Don't take any settlements until you do.
 
sixone

sixone

Lifer
May 3, 2004
25,030
5
61
Sadaiyappan said:
Hello. My father was crossing a one way street in Houston Texas. A drunk driver who was being chased by the police was going the wrong way down that one way street. He hit and killed my father. His insurance company offered us a settlement of $50,000 and our insurance company offered us $300,000. Should we take the settlements or should we file a Civil case against him? He is in criminal case right now against the state of Texas. As I understand, if the police are chasing him then they are responsible? How much will we get if we file a civil case and lets say we go after the police and other parties such as the bar owners etc? I live in Illinois.
Click to expand...

Get a lawyer, and go after the drunk driver. He's the one who decided to drink and drive.

Get a lawyer, who can go over the facts with a fine-tooth comb and give you informed opinions on how to proceed. It's going to cost you some money. You aren't going to get good, free legal advice on a tech forum where no one knows all the facts.
 
MJinZ

MJinZ

Diamond Member
Nov 4, 2009
8,192
0
0
Lawyers don't exist.
Lawyers don't exist.
Lawyers don't exist.
Lawyers don't exist.
Lawyers don't exist.
Lawyers don't exist.
Lawyers don't exist.

If we repeat it enough, it will be truth.
 
C

Corporate Thug

Lifer
Apr 17, 2003
37,622
0
76
sixone said:
Get a lawyer, and go after the drunk driver. He's the one who decided to drink and drive.

Get a lawyer, who can go over the facts with a fine-tooth comb and give you informed opinions on how to proceed. It's going to cost you some money. You aren't going to get good, free legal advice on a tech forum where no one knows all the facts.
Click to expand...

What are the odds that the drunk driver has $ to pay the judgment? Probably pretty low.

I'm not sure what state you are in OP but you should consult a lawyer. However, odds are suing the driver is not going to get you much money, if any.
 
C

Corporate Thug

Lifer
Apr 17, 2003
37,622
0
76
santz said:
Sorry for your loss, but you are sounding like a gold digger!

Are you upset or happy at your father's loss? whats wrong with you, why the hell would you want to sue the cops? Civil case against the Perp understandable, but the cops too? why?
Click to expand...

The cops/county are the "deep pockets"...pretty easy to see why he would go after the cops rather than the driver.
 
Nik

Nik

Lifer
Jun 5, 2006
16,101
3
56
Going to a love & relationship sub-forum on a computer-related forum on the internet seeking legal advice...

Sheesh.

The only legal advice you need is "Go talk to a lawyer."
 
W

wantedSpidy

Senior member
Nov 16, 2006
557
0
0
Sorry for your loss. Like others have mentioned, you should talk to a lawyer before agreeing to any settlement.

While the money is always good, you need to make sure you don't lose sight of the real issue, which is remembering and honoring your father.
 
T

thepd7

Diamond Member
Jan 2, 2005
9,423
0
0
Corporate Thug said:
What are the odds that the drunk driver has $ to pay the judgment? Probably pretty low.

I'm not sure what state you are in OP but you should consult a lawyer. However, odds are suing the driver is not going to get you much money, if any.
Click to expand...

It's his insurance company that will pay, read the OP carefully.


OP, I would talk to a lawyer and definitely settle for $300k with your insurance company, no way in hell I would take $50k from his. My dad was paralyed and then passed away (medical malpractice) and the total outcome was ~$1M (trust for me, brother, and sister since we were kids, money for my mom, money to take care of my dad).
 
C

Corporate Thug

Lifer
Apr 17, 2003
37,622
0
76
thepd7 said:
It's his insurance company that will pay, read the OP carefully.


OP, I would talk to a lawyer and definitely settle for $300k with your insurance company, no way in hell I would take $50k from his. My dad was paralyed and then passed away (medical malpractice) and the total outcome was ~$1M (trust for me, brother, and sister since we were kids, money for my mom, money to take care of my dad).
Click to expand...

I did read the OP...

I'm saying it makes more sense for him to file suit against the County than the driver, contrary to what some have suggested in this thread.
 
Nik

Nik

Lifer
Jun 5, 2006
16,101
3
56
It's not the county's fault that the driver chose to drink and drive like an idiot, so why file charges against them?
 
C

Corporate Thug

Lifer
Apr 17, 2003
37,622
0
76
Nik said:
It's not the county's fault that the driver chose to drink and drive like an idiot, so why file charges against them?
Click to expand...

Sorry, the reality of it isn't whose fault it is, it's which party is going to give you the best odds of recovery/settlement...and this is coming from a defense attorney. I don't like it myself, but it is what it is.
 
I

ichy

Diamond Member
Oct 5, 2006
6,940
8
81
Is this for real? I'd be much more concerned about the drunk driver getting a substantial prison sentence for what he did. If it were up to me drunks who kill while behind the wheel would get the death penalty.
 
C

Corporate Thug

Lifer
Apr 17, 2003
37,622
0
76
ichy said:
Is this for real? I'd be much more concerned about the drunk driver getting a substantial prison sentence for what he did. If it were up to me drunks who kill while behind the wheel would get the death penalty.
Click to expand...

again, OP likely has very little control over what going to happen to the drunk driver criminally.
 
sixone

sixone

Lifer
May 3, 2004
25,030
5
61
Corporate Thug said:
Sorry, the reality of it isn't whose fault it is, it's which party is going to give you the best odds of recovery/settlement...and this is coming from a defense attorney. I don't like it myself, but it is what it is.
Click to expand...

And this is why our legal system is in the shambles that it's in, and why our healthcare system is so expensive.

OP, I strongly urge you to keep your eye on who was at fault, and not who can pay. Money isn't going to bring your dad back, nor will it stop this from happening to someone else.
 
BD231

BD231

Lifer
Feb 26, 2001
10,568
138
106
Hmmmmm. Sit around in a court for a year to a year and a half while paying an attorney out of pocket with a strong chance you'll loose the case being that it's against the state and law enforcement will likely *NOT* be found reckless unless you have undeniable proof ....

.... or take a settlement from a multi-billion dollar agency. Tough choice.
 
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