Legal Question in Personal Injury in Texas

''Friendly Lawsuit''

Single car hydroplane accident. Stepfather driving (minor injuries), wife in passenger seat(minor injuries), step-daughter in rear seat with lap belt buckled but shoulder harness behind her back. Hit fence post at 60mph and step-daughter suffers severe intestine and hence in hospital for 29 days with severe internal injuries.

State Farm initiates ''friendly lawsuit'' and offers the $20K limit of the policy to be paid to step-daughter for pain, suffering, etc. Now the ''Benefits Recovery'' people claim to be entitled to this money since they paid out in excess of $60K in claims that were result of step-fathers negligence.

How do we make sure the victim (step-daughter) keeps the settlement money and not the Benefits Recovery people?

Is the step-fathers/State Farms maximum liablity truly the $20K limit of the poslicy or can they be sued for more?


Asked on 12/06/04, 10:34 am

1 Answer from Attorneys
Dan Street Street Law Firm

Re: ''Friendly Lawsuit''

The "benefits recovery people" should not be entitled to a dime because your step-daughter was not "made-whole" by her settlement. Contact a competent personal injury lawyer to negotiate this for you. It will be money well-spent.

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Answered on 12/06/04, 11:59 am


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