Legal Question in Personal Injury in Florida
Bodily Injury Value
Auto acc 4/01. Hern. disc(L1)Sciatica, etc. Neuro gave 5% imp. rat/perm inj. Med exp almost $11,000. Dr says injections & NCS, am holding off. Pip/med pay almost exhausted. At fault party insd with Allstate/$10,000 Bi limits. Offered $3,000, will not accept. No attorney yet, would rather not due to low limit. Have been told claim has higher value than $10,000. If have to hire atty want to go before Judge & ask for Allstate's limits plus all exp & costs, I pocket $10,000. Is this possible & would a Judge grant my request? Have sent all med docs & info to prove claim to Allstate. Condition progressively gets worse involving whole body, predominately left side affected, pain in back goes down into legs, left leg numb to some degree all the time, pain goes up to left shoulder & down into left arm & hand which also has tingly numbness & much discomfort, also goes up left side of neck into head & have headache all the time. Much pain & discomfort in left sciatic region. Would like to get Allstate off high horse & get them surrender $10,000 limit.
3 Answers from Attorneys
Re: Bodily Injury Value
Perhaps you should consider hiring an attorney on an hourly basis to negotiate with Allstate. They may be able to obtain a settlement for less than 33 and 1/3 percent.
Re: Bodily Injury Value
From what little you state your case may be worth more than the policy depending upon what the medical say. You may want to spell everything out in a letter to Allstate & employ a bad faith settlement claim. No one can guarantee what a judge will do in the future.
Re: Bodily Injury Value
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Before a judge gets involved, you would need to file a lawsuit, and even then the judge cannot force the defendant to settle no matter what the medical records indicate. Try to work out a deal with a personal injury attorney that may be willing to take less than 33.3% pre-suit fee, otherwise, you may not have much success in pushing Allstate into increasing its offer. It appears you have a claim that's worth more than the policy limits. Good luck.
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