Legal Question in Personal Injury in Florida

i was in a car wreck and i am suing both the driver and the company he works for. i have letters of protection and a pre suit funding lien. the drivers insurance company settled with the policy limits can those liens be assigned to suit against the company


Asked on 2/13/12, 2:56 am

2 Answers from Attorneys

Jason Neufeld Neufeld, Kleinberg & Pinkiert, PA, a personal-injury and elder law firm

I'm not sure I 100% understand your question. If you have LOPs and pre-suit funding liens (generally a bad a idea as those companies charge near usurious interest rates) those are automatically secured by any recovery you get from your claim/law suit.

If the driver's insurance company settled for the policy limits; then unless you have uninsured motorists coverage (do you?) or the company (that the driver worked for) has exposure, you are done. Very few lawyers will want to go after the driver personally.

As you can see, there are questions within questions. If you have an attorney, please contact him or her. If not, please give me a call at 800-379-8326 (TEAM).

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Answered on 2/13/12, 6:53 am
Ruth Elizabeth Johnson Law Office of Ruth E. Johnson

Car accident lawyer may be of great value in explaining exactly what avenues you have available to you for compensation for your damages.

From the language of your question, it appears that other parties have a lien on any settlement proceeds you are obtaining. This creates a difficult situation if the amounts are much greater than the policy limits of the at fault party.

Again, you should consider sitting with an attorney to discuss.

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Answered on 2/13/12, 2:05 pm


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