Would it be best for my daughter and her boyfriend to have separate representation for pursuing compensation? 5 Answers as of July 19, 2016

My daughter and her boyfriend were involved in a serious car accident. The at-fault driver ran a red light causing a collision with my daughter's vehicle and another vehicle. My daughter appears to be the most seriously injured. She has a fractured tibia and has already had 2 surgeries (within 10 days of accident) and may need more. Her boyfriend suffered a ruptured bladder that required emergency surgery. We have contacted personal injury lawyers and they are reviewing the case.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of George H. Shers | George H. Shers
That depends upon what the at-fault driver's insurance limits are. If they are more than adequate to pay for both of their damages, the same attorney could represent both, but your daughter might get less in a settlement as the insurance carrier will offer one sum to settle both claims and if the boy friend is more aggressive he may demand more than his fair share. If there is inadequate coverage and she does not have under-insured coverage, she might get less than she should.
Answer Applies to: California
Replied: 7/19/2016
Law Ofices of Edwin K. Niles | Edwin K. Niles
You don't say who was driving your daughter's car, so it's a bit hard to respond. By having the same lawyer, daughter and boy-friend would be precluded from making any claim against the other. But if it is CLEAR that 100% of the fault lies with the other driver, no harm, no foul.
Answer Applies to: California
Replied: 7/19/2016
Russell and Lazarus
Russell and Lazarus | Marc Lazarus
Because there are potentially multiple (i.e. at least 3) claimants (your daughter, her boyfriend, driver of third vehicle, and any passengers in third vehicle) against the same policy or policies for bodily injury damages, there is a potential conflict if one attorney is representing both your daughter and her boyfriend. If there is insufficient policy limits to cover all parties' damages, then the claimants may be arguing over their fair share of the policy(ies). At this juncture, they would each benefit greatly good representation by an attorney or attorneys.
Answer Applies to: California
Replied: 7/18/2016
Briny Woods
Briny Woods | Briny Woods
There could be a potential conflict of interest for the same law firm to represent both. We need additional information to make this determination.
Answer Applies to: California
Replied: 7/18/2016
Frank Law Group, P.C.
Frank Law Group, P.C. | David E. Frank
No need for separate representation unless insurance limits are low and at fault party has assets to go after.
Answer Applies to: California
Replied: 7/18/2016
Click to View More Answers: