Legal Question in Personal Injury in Florida
crash
Dear sirs:
Today my mother was injured in an automobile accident that was determined on site to be the fault of the other driver..This particular driver was 87 years of age and said he just did not see her..She has been to the hospital and has whiplash as well as serveral other areas of pain and discomfort..My mother is an old fashioned gal not familiar with the rights and legalities of this matter.. If you could refer her to and or advise her on this matter i would greatly appreciate it..Her e-mail address is [email protected] Thanks for you time --name removed--Pierce
2 Answers from Attorneys
Re: crash
It is not proper to call your Mother directly but she may call us for free advice. I am in Coral Gables (Miami) at 305-445-5475 or I can refer her to an atty in her city. Generally the Florida No-Fault law requires a serious permanent injury or scar to justify litigation.
Re: crash
Your mother has the right to be compensated for her injuries.
She should be able to make a claim for her medical treatment through her own automobile insurance (p.i.p. coverage).
I suggest making certain that your mother doesn't sign any release until her doctor has advised her that she has fully recovered, or that she has reached her maximum medical improvement. She should only release her liability claim (against the other driver/owner of the car)if she is satisfied with the settlement offer. This depends on the art of negotiation.
Generally, if she retains an attorney, assuming the legal liability is as represented, then she will probably achieve a higher recovery, but the anticipated higher recovery may or may not be worth it. It all depends on her case specifics. An attorney can better advise her after a formal in-office consultation.
I suggest having her schedule a consultation with a reputable attorney that doesn't take every case that walks through his/her door.
Good Luck, Elliot Jay Goldstein (Attorney with offices in Tampa and St. Petersburg)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.