Legal Question in Personal Injury in Florida

My friend was struck by a car walking from the movie theater. She was in critical condition for 2 days and in the hospital for more than a week. The accident has left here with damaged nerves on her right side. Her 10 year old daughter was also injured. My friend was told that that she could only be compensated up to $20,000, is this really the personnal injury limit in Florida.

Asked on 12/02/09, 1:16 pm

8 Answers from Attorneys

David Slater David P. Slater, Esq.

No but that may be all the insurance coverage the offending vehicle had. Does she have underinsured insurance coverage with her family car?

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Answered on 12/07/09, 1:24 pm
Tami Diebel The Plaintiffs Law Firm

It could be. There are limits to auto insurance as low as $10,000. However, there are also other things that we may be able to do. Have her call my office at 407-637-5890. I will speak with her about her options.

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Answered on 12/07/09, 1:24 pm
Jensen Grant Kanner & Pintaluga, P.A.

It truly depends. It sounds like your friend my be confusing personal injury protection with other liability coverage such as bodily injury. Your friend and her daughter should seek an attorney.

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Answered on 12/07/09, 1:25 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No, but that may be all the available insurance.

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Answered on 12/07/09, 1:25 pm
Steven Meyer CPLS, P.A.

There is probably no limit on your friend's recovery under Florida law. It sounds as if your friend was told that there's only $20,000 in available insurance coverage. There may be other insurance policies available that your friend has not considered or been told about. We would be happy to discuss the situation with her. We offer a free intitial consultation.

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Answered on 12/07/09, 1:50 pm
Michael Tobin Michael M. Tobin, P.A.

Life nd the law is not simple. There is no limit to the available damages in Florida. Your example seems to indicate the car that struck them may only have a 10/20 liability policy. But if she or any resident family member has uninsured motorist coverage that policy would "stack" to provide additional coverage. Divers with minimum limits may have substantial property ownership. If the driver was on a mission for an employer his company insurance would also be available. Was there any defect in the road design or lighting that would make the City or State responsible? The possibilities are endless. Only an experienced personal injury lawyer can investigater and review the facts to provide a proper answer. A consult is free.

You may call me at 305-305-3351. A good lawyer would waive his percentage fee on the first $10,000 if that is all that is available.

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Answered on 12/07/09, 2:08 pm
Jacob Lieberman Lieberman Law Company

I agree with answers above. There may also be issues of whether 'bad faith' occurred. Was the 10,000.00 already tendered? Were there conditions for you to receive the policy limits?

In any event, my firm waives a percentage of the fee on the insurance that is available and would only seek a fee on any additional money received beyond the 10,000 or 20,000.00. Feel free to contact us at 772-332-1689.

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Answered on 12/07/09, 3:00 pm
Lesly Longa Longa Law P.A.

I am so sorry to hear about this. As the others have mentioned, it depends if your friend was referring to the policy limits. Your friend and her daughter should definitely contact an attorney right away. Regards,

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Answered on 12/07/09, 6:09 pm

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