Legal Question in Personal Injury in Florida

Autoaccident, now given 3% disability rate

Accident 5/1/00, other driver was at fault, I was on the job driving (home health nurse). MRI (+) for herniated anulas. 4wks of therapy & medication did not resolve the numbness in my left thigh area. Workmans comp did take care of medical costs & Auto Ins did fix my car (14 thousand) but My leg problem is not resolved. MD says sorry I cant help you any more & says 3% disability. Ijumped thru all the hoops & still have a problem. Am I able to start legal action against the person and/or his insurance co.??


Asked on 9/19/00, 6:04 pm

3 Answers from Attorneys

Robert McCall Law Office of Robert McCall

Re: Autoaccident, now given 3% disability rate

Our statute requires you to be at the point of maximum medical improvement before you may proced against the person causinmg the crash. If your doctor has released you you are at that point. You may negotiate direct with the carrier for the person who struck you but be aware that the WC carrier has a lien of 100% for what they paid on your behalf. If you settle with the person who struck you you must coordinate with the WC carrier. Also you may be eligible to claim against thge PIP policy for the amount of any lien paid to the WC carrier. Good luck. Bob McCall

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Answered on 10/20/00, 8:36 am
Christopher Wigand Fenster & Faerber

Re: Autoaccident, now given 3% disability rate

Yes you can. What area are you in perhaps I can recommend someone to take your case.

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Answered on 10/20/00, 9:04 am
Joel Cohen Joel M. Cohen,P.A.

Re: Autoaccident, now given 3% disability rate

By all means you should bring your claim now.

The law allows you to recover dollar damages if you have an injuy that is permanent within a reasonable degree of medical probability. I would be happy to discuss the details with you. We accept cases like yours from all over Florida. JMC

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Answered on 10/20/00, 9:04 am


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