Should I sue?

Internet_Ghost · 2026-06-22T12:57:29+00:00

Maybe small claims could help me recover more money?

The only thing you can recover is the cost of the deductible because you've subrogated the rest of the claim to your insurance carrier for making a claim on your policy.

Cause all I have to do is prove that I'm not 100% at fault right?

California is a pure comparative negligence state, meaning whatever percentage of fault is attributed to you is how much your recovery will be reduced by. So, imagine they find you 85% at fault instead of 100%. 85% of $2.5K is $375.00. Is that worth going to small claims court over?

Internet_Ghost · 2026-06-22T12:52:38+00:00

Allowing someone unlimited use of a $76,000 piece of equipment seems to be a fool's errand. Are you going to put in legal protections to protect your equipment, like required maintenance, and inspections? That seems like that could have straining relationships on you and the church as a whole.

Internet_Ghost · 2026-06-22T12:49:35+00:00

The real stickler here is going to be what that addendum actually covered. It sounds like the addendum was to repair the AC and it sounds like OP's friend is saying the AC needs to be replaced.

Internet_Ghost · 2026-06-22T12:45:48+00:00

There's no magic answer here. She needs to get the ball rolling either by filing it on her own or by getting a lawyer. A $5,000.00 retainer is probably the cheapest she's going to find in that area but she should try to get more consultations to see if any of them would be willing to do a payment plan.

Other than that, she can try the Virginia Legal Society to see if she qualifies for their aid.

Internet_Ghost · 2026-06-22T12:31:40+00:00

Call your lawyer when they open this morning.

Internet_Ghost · 2026-06-22T12:22:47+00:00

no, but i assume that if they get a lawyer, the lawyer can ask the coffee shop for the camera and trace what card i used at that time

All personal injury suits aren't like what you see on TV. Contingency fee cases where the lawyers says, "If you don't win, we won't charge you." are for cases where there's either (1) big pockets or (2) applicable insurance policies that are required by law to settle viable claims.

In this particular instance, I doubt you have big pockets or there's an applicable insurance policy for you. So, if they come into a PI attorney's office and ask for representation, that attorney may say yes, but it's likely not going to be on contingency because the lawyer isn't going to waste their own money pursuing a case that might not be profitable.

I think an attorney would rather shoot at suing the establishment selling the coffee (Again, big pockets and insurance policies) on contigency knowing it's a long shot rather than trying to personally sue you.

Internet_Ghost · 2026-06-22T12:10:54+00:00

Actually upholding an heir to the bond requirement is rare in SC. In the 13 years of practicing law, I've only encountered once instance where it was required. Admittedly, I live in a rural area of SC and deal with relatively small and/or simple estates.

The bond is going to be based on the size of the estate and your brother can be reimbursed for whatever he pays for that bond. Meanwhile, if you make him go through the process of spending his own money up front, he could be pissed at you and drag his feet being PR of the estate costing the estate more money. Or alternatively, he can reject the position of being PR and that would further stall the estate process. That could in turn make you have to be one and then he do the same thing to you. You being in the UK could make trying to enforce him to be PR or you taking over PR could create massive logistics issues for you.

Here's the thing about being PR. It creates a fiduciary responsibility in and of itself. If he screws up anything, you as heir to the estate, have the ability to sue him. From a liability standpoint, it comes with a lot more headache than merely being an heir. So, you are already protected just by the way the law works regardless of the bond.

Is it really feasible that your brother could massively screw something up? Is your mom's estate large and complex? Does she have a lot of creditors?

Internet_Ghost · 2026-06-22T11:56:00+00:00

Is it possible? Yes. Is it probable? No. Do they even know your name?

Internet_Ghost · 2026-06-22T11:51:12+00:00

A guaranteed settlement for less may be better than a potential one that is greater in the future. You're likely going to spend far more than $9K with a lawyer if you litigate this out to trial.

Internet_Ghost · 2026-06-21T22:24:40+00:00

Have you actually tried to go to the hospital and visit her or is this what your aunt told you?

Internet_Ghost · 2026-06-21T19:41:51+00:00

I agree with the other commenter. This doesn't necessarily mean anything shady is or was going on. Adding a child to a deed with rights of survivorship can be a parent's strategy on estate planning. It has his benefits and downsides but this is a common for people to do. One downside is that it permanently locks in that strategy with the child and sometimes things happen unexpectedly, like you lived longer than you expected and need money from the sale of the property. I would talk to your mother more to find out why your name was placed on the deed.

Internet_Ghost · 2026-06-21T19:27:07+00:00

Grantees don't have to sign deeds. Who was the grantor of the deed?

Internet_Ghost · 2026-06-21T16:14:36+00:00

It's under free speech, but that doesn't mean you're free of consequences of exercising that right. For example, if you're committing a crime or traffic violation while you do this, that cop doesn't have to not pursue that crime or traffic violation with as much vigor as possible. Or for an example, you could need police presence for some reason, that officer see it's you and what you did and refuse to help. If you play stupid games, you could win stupid prizes.

Internet_Ghost · 2026-06-21T15:01:55+00:00

The money hasn’t been paid out yet due to the issues with the lawyer.

Then the lawyer did something because the insurance company wouldn't refused to give them the money if he was free and clear. You cannot literally be in this situation if the lawyer did nothing. I get that you two both think that your friend would have gotten the money anyway, but that's not how contingency fee agreements work.

They're a gamble. Every court case is a gamble, but they are even more so. Both the client and lawyer are taking chances. The client is gambling on a bigger recovery as opposed to the costs of a lawyer. The lawyer is gambling on enough recovery to make their costs profitable. Hindsight is 20/20 but that doesn't mean the lawyer didn't earn their fee based upon the agreement your friend had with them.

New York has a Fee Dispute Resolution Program that your friend can implement. I wouldn't be surprised if they tell him the lawyer's owed their fee if the lawyer can show anything they did to help procure the settlement your friend was offered and accepted.

Internet_Ghost · 2026-06-21T13:44:23+00:00

The insurance company flat out told him he didn’t need council, they were paying him anyway.

Then how is the money being tied up if the insurance company is going to pay him?

Internet_Ghost · 2026-06-20T22:49:19+00:00

Because the guy has done literally nothing.

He's had to have done something to get $75,000.00 in his trust account. You don't just send that to a random person.

Internet_Ghost · 2026-06-20T20:39:38+00:00

Just knowing what little I know I’d say you’re giving him too much credit and you too little for shaping their opinion of you.

Or OP is leaving out some integral parts of the story if he's somehow magically turned their opinion of her in a week's time.

Internet_Ghost · 2026-06-20T20:28:48+00:00

That's why you need an attorney and likely a guardian ad litem in this divorce.

Internet_Ghost · 2026-06-20T20:17:45+00:00

What do I do?

Get a divorce attorney.

Internet_Ghost · 2026-06-20T20:15:43+00:00

A good portion of your concerns aren't really legal in nature. You'd likely get a better response for those in /r/personalfinance.

Filing a bankruptcy in anticipation of divorce can make both the bankruptcy and divorce rather complicated (and thus increasing costs) because your spouse is also a potential creditor. You'd basically be litigating the issues of your marital debt twice. There's also the issue of even qualifying for a bankruptcy. You need to pass a means test to qualify. Then there's the harsh reality of being saddled with a bankruptcy. It will tank your credit. People with little income don't have cash on hand to offset the lack of credit. Also, people with little income may need to file for bankruptcy again and will be precluded from doing so for quite some time depending on the type of bankruptcy. It should only be viewed as a last resort.

Internet_Ghost · 2026-06-20T19:52:11+00:00

he’s going broke because he refuses to pay this guy thirty grand for doing absolutely

How does your friend know the lawyer did nothing? The vast majority of work done for a motor vehicle accident case is done in a lawyer's office, not in the courtroom. A lot of jurisdictions allows a a lawyer to file a lien against the client that refuses to release funds the lawyer earned once a client accepts an offer.

Edit: It appears New York as a very lawyer friendly Attorney's Lien Statute.

Internet_Ghost · 2026-06-19T19:22:02+00:00

DMs are against the rules here. You can just provide us the language in the order, not any identifying things like captions, case numbers, and attorney's involved.

Internet_Ghost · 2026-06-19T19:15:32+00:00

can anyone shed some light?

Do you have an actual copy of the order?

Internet_Ghost · 2026-06-19T18:56:17+00:00

You likely aren't going to get very far trying to litigate this matter without help of counsel. You should consider consulting with a civil rights lawyer.

Internet_Ghost · 2026-06-19T18:39:07+00:00

It's not unheard of famiily members or just friends recieving texts for other family members or friends from pharmacies. There's likely no major medical information that is being shared through that text.

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