Legal Question in Personal Injury in Florida
Florida HIT and run question
Hello , I'm asking this question cause I have been in a case for 3 years now , it was a hit and run with me and 2 other people, I was in the back seat. We were in a rent a car , my lawyer said that the insurance company wants to pay us the policy limit which is 100k/300k I'm wondering since my surgeon said the operation would be 60,000 dollars alone and after medical and my lawyer takes out I do not have enough for surgery. They are pushing to settle out of court I have never been injured in my life at 22 years old and now I am faced with not being able to walk and house ridden for 3 years. There were 2 insurance companies involved the rent a car insurance and the drivers insurance. My question is,Would it be worth pushing to go to court considering I have never been in an accident and what they are paying would'nt cover my surgery at all. My lawyers assistants said florida is the NO FAULT state and pain and suffering does not exist. To me this is the only reason I am really posting here cause it sounded so wrong.
Thank you
3 Answers from Attorneys
Re: Florida HIT and run question
You desperately need to talk to your attorney and not an assistant or paralegal. While Florida is a No Fault state you are still entitled to compensation for pain and suffering.Potentially you have coverage available from the driver, the rental car company and any uninsured motorists insurance. Impacting these facts are where the accident happened, where the car was rented, the drivers coverage, your own insurance and any medical coverage. Your attorney should explain these to you. Read the Statement of Clients Rights showing that the final decision is yours.Your decision should be with a complete understanding of your options. You may be able to obtain a reduction of the medical bills and a reduction of the attorneys fees if he has done a minimum amount of work. Personally I make it a practice to not charge a fee in excess of the client's net recovery as do many other attorneys. We also ask the hospitals and doctors to reduce their bills when the policy limits are inadequate.
Re: Florida HIT and run question
You need to have a serious meeting with your lawyer and pose every question you may have to him or her so you can make an informed decision. Since you already have a lawyer it would be inappropriate for me to communicate with you directly without your lawyer's prior knowledge and written consent. Good luck.
Re: Florida HIT and run question
A legal assistant cannot give you legal advise, speak directly to the attorney. The victim of an automobile accident in Florida "may be" entitled to collect for their pain and suffering, loss of capacity for the enjoyment of life, disability, inconvenience, medical bills and lost wages ... ask your attorney. Also, the final decision to settle is yours alone ... make an appointment and have your attorney go over the all the details of your case.
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