Auto accident information needed.

Insidious Von

Insidious Von

My head is my home
Sep 12, 2007
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I have a personal injury lawsuit ongoing I was injured in an auto-accident through no fault my own. The colliding driver's insurance company had to pay the deductible for my car's damages. Since then I got a lump sum from my employer putting me on medical retirement. Should I return to work I have to refund that money.

From the accident I received a multitude of injuries the most serious being a severe concussion. My personal injury lawyer has filed three lawsuits, first against my auto insurance for terminating my replacement income, second against my health plan for denying me Long Term Disability and third damages against the reckless driver.

My question is: Now that I have access to my medical benefits again and can sell off my company shares, I want to drop the law suit against auto insurance provider. Will it hurt my overall claim if I follow through on that decision?
 
He might want to drop the suit against his insurer because he has no damages, having already been compensated for lost wages. And probably also for other reasons. (Though his employer might want to be subrogated and therefore not want that claim to be dropped.)

And yes, if the cause of action is sufficently focused you should be able to drop one suit without affecting the others.

But why ask us? Ask your lawyer. He is (or will be) paid to know this stuff.
 
If the guy has no damages, the lawyer will want to drop the insurer suit anyway, since he won't be paid in any event. And you can find lawyers to play the fees either ways. If the case is strong and there are megadamages they tend to like contingency.
 
I'm asking since there are lawyers on this board, a second opinion would be helpful.

Having experience in hammering out collective agreements, it wasn't a stretch for me to negotiate one to look after my medical needs. A Labour Relations Lawyer from the firm accompanied me. He dealt with the details but I had the final say. No provisions that would affect my standing with the company if I dropped the suit against my insurer were typed into the contract.

At this point with my medical retirement kicking in I don't see the point in a suit against my insurer. They did what they were obligated to do under the policy. The case for my Long Term Disability and my claim for damages is ironclad, I prefer that the PI Lawyer focuses his talents on those.
 
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