Legal Question in Personal Injury in Florida

I was rear ended by a city work truck while sitting at a red light. They were at fault and not denying claim. I have three herniated disk in my neck and a sprained back. I just completed 3 months of theraphy. I have limited movement to the right when moving my neck which will sooner or later need spinal fusion therapy which I am declining at this time. The city has a $100,000 cap on lawsuits. Do I have a good chance to recover this amount? Also the car involved was a brand new 2010 ford fusion with 5,000 on it at the time. Damage was $5,500.

Asked on 11/04/10, 4:27 am

4 Answers from Attorneys

Shelly Schellenberg MI & FL private practice

You should have had an attorney right from the beginning, but it's not too late. You need a personal injury attorney, familiar with auto-law. You also need to have a full medical evaluation to determine your limitations and your chances for a full recovery. Your medical care, loss of property, loss of income, other intangible losses, and pain and suffering should all be considered part of your damages.

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Answered on 11/09/10, 5:22 am

Nicholas Dorsten Blake & Dorsten, P.A.

If you do not have a local personal injury lawyer, then get one! Studies have shown time after time how hiring an attorney results in a larger settlement, even after attorney fees are taken into account.

As far as your case, I would need more information. Have you had any prior accidents before? Can you prove that the herniations are a result of this accident? If so, it sounds like you have a good case and a good chance of recovering money for your pain and suffering.

Good Luck,

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Answered on 11/09/10, 5:31 am
David Slater David P. Slater, Esq.

There may be ways to get around the cap. Retain knowledgeable counsel.

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Answered on 11/10/10, 5:42 am
Angelo Marino Angelo Marino Jr. PA

Cities many times do not have a limitation on the cap as opposed to County and State claims. You need to see a lawyer.

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Answered on 11/10/10, 7:08 am

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