Legal Question in Personal Injury in Florida

I was walking in a crosswalk and was hit by a car. The driver was cited for "failure to yeild to a pedastrian in a crosswalk"lk and there is a witness. I have suffered sever head trauma and whold body lacerations. I was helicopter medi vac'd to a trauma center. I am at home with a Dr. order not to work for at least 8-12 weeks with no prognosis for a full recovery. My personal PIP insurance is capped at $10,000 and the driver is capped at that as well. They did an asset check on the driver and he is 31, owns his house ($100,00) but has no other identifieable assets. I am completely out of work and my lawyer says that the insurance company offerred $10,000 and the driver isnt worth suing. There is NO way that is enough to even pay the medical bills let alone my pain a suffering, permamant facial scaring and yet to be determined head issues. I need money NOW and wont be able to work the way I need to pay my bills. I don't have medical insurance and I make approximately $1000/week as a salesman.

Asked on 5/17/11, 11:12 am

2 Answers from Attorneys

Nicholas Dorsten Blake & Dorsten, P.A.

I am sorry to hear about your accident. A tragedy like yours shows why everyone should have un/underinsured motorists insurance to protect themselves. It looks like the only money available is the $10,000. The man who hit you may not have any assets that are worth going after. You shouls schedule an appointment with your lawyer who will be able to discuss this in more detail.

Good luck,

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Answered on 5/17/11, 2:06 pm
Angelo Marino Angelo Marino Jr. PA

This is a story I hear about at least 5 times a week. Just not enough insurance. Your attorney is probably correct. However, if you are willing to risk the little you will get from the 10K and tell your lawyer that you will pay all of the cost of litigation, he may take you up on you. But I suspect most if not all of the 10K above his fees will be spent without satisfaction. The fellow who hit you has homestead. He may even file for bankruptcy after the judgement. This has happened to a client of mine who would not take the offer. Sometimes bad things happen and there just isn't anything we can do about it.

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Answered on 5/18/11, 1:00 pm

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