Posted by Mark H. on August 23, 2000, at 14:49:03
In reply to U.S. legal questions, posted by Cam W. on August 22, 2000, at 23:13:23
Dear Cam,
I've waited months to write this note.
I suggest letting go of the "justice" aspect completely, including a better-lighted crosswalk or any other logical remedy. The best thing you can do is to forgive the young man who killed your daughter. (The best thing for YOU, Cam.)
Compensation for such things is never adequate, despite the highly publicized (but rarely collected) mega-awards that make the news. Everyone gets their piece. Personal injury attorneys typically get 30% to 40% of an award, if collectible, which may or may not include certain expenses they incur.
From now on, there is nothing personal about what happens. The young man will not be affected in any external way, and there is nothing you can (or should) do about it. Likewise, whatever settlement you receive (or don't) will never compensate your loss, nor will it be in proportion to your loss, nor will it have much (if anything) to do with the circumstances of your loss.
If you can accept all that with equanimity, then there are a few avenues to explore.
First, YOUR automobile, homeowners or blanket (so-called "umbrella") insurance MAY cover losses caused by under-insured drivers. Your agent may not be excited about telling you about this possibility. Any local (Canadian) lawyer experienced in personal injury could give you more information in a consultation.
For instance, when my wife Sue was hit on her bicycle by an under-insured motorist, his insurance company immediately settled with our attorney for the maximum award ($10,000), but our attorney subsequently pursued State Farm (our carrier) for a final settlement of about $70,000. Our agent had told us that they could probably come up with "an extra $500" for her pain and suffering. After bills and attorney's fees were paid, Sue received about $35,000 net.
Second, HIS homeowners, renters, or other insurance, if any, MAY be able to compensate you. Any competent Florida attorney experienced in personal injury would/should check for that. Depending on the lay of the property and other local considerations, the hotel's insurance company MIGHT be willing to make a small settlement just to be kept out of any further litigation. Again, this usually takes an experienced attorney to negotiate. Pursuing a municipality in the United States is a fool's errand. Forget suing the city.
How did you pay for your tickets? Some credit card companies provide automatic travel insurance, that may or may not apply to your circumstances. Again, the carrier (if any) might be willing to settle, even if liability is less than crystal clear.
Third, if the most an attorney stands to gain is 30% of $10,000, some of the lawyers eager to represent you will be incompetent and/or dishonest. I hate saying that, but I've seen enough of it locally to know that it's true everywhere. And I don't particularly think of south Florida as a place where legal ethics are especially well practiced.
A case like yours will never go to court. There is a "universal attorney to attorney agreement" as one author put it whereby each makes sure the other saves face with his client by being better off for having hired an attorney. You would not be well served by a court judgment anyway; it's usually better to negotiate a settlement through your attorney (if there is any insurance company with a probable liability).
I don't mean to be discouraging, but instead to suggest you handle it as an independent matter of business, putting as much distance as possible between the reason for your action and any follow up from here on. Have no expectations whatsoever. To attach the outcome -- or lack of outcome -- to your daughter's death is to guarantee disappointment and bitterness that will only dishonor your daughter's memory and what her wishes for you would be. Money is just money.
I hope your family's healing continues well. I am so sorry for your loss.
With appreciation,
Mark H.
poster:Mark H.
thread:170
URL: http://www.dr-bob.org/babble/social/20000813/msgs/192.html