California  |  Civil Litigation

Legal Question

Asked on: 11/09/11, 3:50 pm

Hi, 4 years ago, a young driver driving fast and recklessly hit and landed on top of my friend's Lexus, totaling it and requiring the jaws of life to extract her. She sustained multiple injuries including closed head injury significantly lowering her IQ and disabling her from taking care of herself re daily functions of life. She also sustained injuries to her body leading to her living in chronic pain and an inability to use one of her hands/arms, Because of these, she's unable to work. The guy who hit her ran away for a year, harbored by his relatives. Approx. 3-5 months in, she hired a personal injury attorney. Since then, basically nothing has been done other than a settlement conference with a very low ball offer that would not cover treatment physical and psychological treatment, forced retirement instead of being able to retire with a full pension after working for years, all money in savings used up and a caregiver needed (older mom has to do everything for her). Settlement dates keep changing. She and her family would like to take this to Court but her attorney keeps scheduling settlement conference dates.

1. Does she have to do any more settlement conferences? She's living on oatmeal and peanut butter.

2. What responsibility does her atty. have in bringing this to Court? Again, it's been 4 years.

3. Can she fire this attorney and hire one who will go to Court without her having to compensate the first attorney?

4. Can the relatives who harbored him for the year he fled be sued for damages?

5. Can she sue for the wages she would have earned had she been able to continue working and for the additional pension money she would and should have received after a few more years. Can she sue for all the outflow of money for services related to treatment and for additional treatment needed?

Thank you.

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