Legal Question in Personal Injury in Florida

My young son tripped on exposed wires in a retail store, causing interior lacerations to his mouth, bruising and blunt force trauma on a the concrete floor. retailers insurance offered to pay medical cost only and pain and suffering ratio of 0.67% of overall cost. I rejected the offer provided further explanation regarding why the offer was unacceptable and they could care less. How do increase this insurance company settlement offer and file suit against the retailer directly?


Asked on 10/30/14, 4:40 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Hire an attorney. Permanent injury is required to maximize the value of such a case. You don't mention whether your young son was injured and it wont go away. Resolution of a claim for a minor in excess of $15,000 must be placed in a guardianship account. You need an attorney to maximize the recovery.

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Answered on 10/30/14, 6:20 am
Joseph Lipsky Law Offices of Joseph I. Lipsky, P.A.

We are sorry to hear about your son's injury. Our best advice is that you consult with an experienced personal injury attorney, rather than continuing to deal with the insurance company yourself. We offer free no obligation consulations, so feel free to contact us on our toll-free hotline 1-888-352-5298. And to answer your question, if a lawsuit is required it may only be against the retailer, not their insurance company. In Florida, injured victims must sue the "real party in interest," here the retailer. We look forward to hearin from you.

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Answered on 10/30/14, 8:16 am


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