QBall QBall:
$1:
While he may seem the most obvious target for a lawsuit, Squillaciotti -- who was convicted of two counts of attempted murder and weapons charges and is currently serving a 13- to 26-year jail term -- has no assets, and his insurance would actually not apply because the shooting was intentional. The former Marine has also been diagnosed wtih schizophrenia.
The suit does name his wife and passenger, Chastity Squillaciotti. as a defendant, climing that she bears some responsibility because she knew about her husband's mental health issues, but neglected to prevent him getting behind the wheel while aggravated.
Wow, the lawyer for the kid has some balls. Not only is he suing the dad but the passenger of the other vehicle? After the weasel takes his cut of any settlement, assuming there is one, the kid is going to be left with very little as I doubt any judge/jury is going to hold the dad or other guy's wife liable, or if they are their liability is going to be very small.
If they find dad liable, it will be dad's insurance company that will have to pay. That's the whole point, since dad has no assets and is brain damaged so can't work. We've seen this sort of thing before, where a kid sues a parent with the parent's full collusion because it's the only way to get the insurance company to pay up.
One thing the weasel lawyer understands that you don't seem to is that if there's only a very small award made, his cut of that small award will also be very small (since they take a percentage of the award) and not worth his time. So he's obviously decided that it's worth the risk for a big payout by dad's insurance company. If there was no weasel lawyer involved in this case, the girl would get diddly squat. If you were involved in an accident, good bet you'd be running to a weasel lawyer too - the more weaselly the better.
The only reason the shooter isn't being sued is that he has no insurance and no assets.
This is a Hail Mary shot by the lawyer. The law schools are churning out so many lawyers every year that many of them will take any case. Better a piece of a small pie than no pie at all. The lawyer is hoping for an out-of-court settlement, period. Why else would you sue the passenger of the other vehicle?