Legal Question in Personal Injury in Florida

I was in an car accident and I have full covereage except for uninsured motorist and the person at fault have no bodily injury. Will i have a good case to take them to court


Asked on 10/06/12, 11:19 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

No unless you were hit by someone who has obvious assets, you would need to get a judgment and then hope to collect it.

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Answered on 10/06/12, 2:44 pm
David Burns David H. Burns, P. A.

To have a good case you need 3 elements: 1- Damages (how badly you were injured and the associated cost for medical bills and lost income, if any), 2-Liability (whether the other party is clearly at-fault entirely or primarily) and 3- Collectibility (whether the at-fault party has liability insurance or other non-exempt assets from which to collect any judgment). It sounds like you have damages and liability, but collectibility is a big issue. Indicators (but not conclusive verification) would be the type of job the person has, what make and model year car they drive and the external appearance of the home they live in. To get a good idea of the person's assets you would need to retain an attorney or investigator to conduct a background and assets check on the at-fault party.

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Answered on 10/08/12, 10:34 am


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