Legal Question in Personal Injury in Florida
Is there a cap on the amount of money I can expect in a personal injury case (ca
I was in a car accident & it was the other driver's fault. My PIP is maxed and I now need back surgery and possibly neck surgery. Is it true that the most I can receive is what the other driver's policy limits ($25K) or are they required to cover all of my expenses?
3 Answers from Attorneys
Re: Is there a cap on the amount of money I can expect in a personal injury case
There is no cap as you are refering to. There is a difference between a cap and likelyhood of recovery. You should see if you have um/ininsured covereage on your auto policy. Also consult an attorney to see if the other has assets
which you could recvery from.
Re: Is there a cap on the amount of money I can expect in a personal injury case
Generally an insurance company is only responsible for the maximum of the liability limit purchased by the insured. The insured can still be held for any judgment in excess of policy limits. You must ask if the other party has any substantial assets to make it worthwhile to pursue him or if your own auto insurance and that of resident relatives of your household has a policy which includes Uninsured Motorist Coverage.
Re: Is there a cap on the amount of money I can expect in a personal injury case
If that is all the insurance coverage available, then it is likely all you will obtain. Assuming you win a court award in excess of the 25g coverage, you would theoretically be entitled to go after the wrongdoer's assets, but if he isn't judgment proof, he will likely declare bankruptcy.
At the time of the mva was the wrongdoer intoxicated. If so, punitive damages might be awarded. They are not dischargable in bankruptcy.
Are you sure that you aren't covered by underinsured coverage (under your own policy, or that of a resident relative)?
You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee.
Good Luck, Elliot Jay Goldstein (offices in Tampa and St. Petersburg)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.