Legal Question in Personal Injury in Florida
Car accident with injuries - what goes for Florida?
Bear with my poor English. Case: A 20 year old Swedish girl got injured in a car accident - serial crash - in Miami during January 2005. She is back in Sweden now, and the insurance company in Florida have agreed to *debate* the litigation/settlement parts. By the insurance company's person, she was *offered* $1500, and the person also kept asking if the girl had signed contract with a lawyer or not. This is not how we do this in Sweden, it is laws and regulations and the car insurance company always pay for one's lawyer costs. Young persons are also settled in a long term perspective way, and we have never heard of so low *offers* as $1500. My question: What are the laws in Florida concerning this? Any help and insight is appreciated. Thank you.
3 Answers from Attorneys
Re: Car accident with injuries - what goes for Florida?
Hello,
I am sorry to hear that you were injured while on vacation in Florida. I was recently in Sweden. The insurance company is making a settlement offer based on what it believes are the severity of the injuries. They also know that it will be difficult for you to come to court in Florida, so they are making a low offer. I would be happy to discuss the situation with you. You can e-mail me at [email protected]
Re: Car accident with injuries - what goes for Florida?
1. To be compensated for pain and suffering you must prove a "serious injury". You failed to indicate the nature of her injury.
2. If she has a viable claim, she can go it alone, or retain an attorney who should take the matter on a contingent fee basis out of the final award or settlement.
3. To recover a fair award, she may have to be willing to come back to Florida. Good luck.
Re: Car accident with injuries - what goes for Florida?
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I am sorry to hear of your friend's injuries received while in Florida. Unfortunately, the insurance company may try to take advantage of the fact that the young lady lives outside of the United States by hoping she will settle for a nominal amount.
You stated that she was in a "severe accident" but failed to mention the extent of her injuries. The insurance company will calculate the true value of a case by the severity of her injuries and her expenses for treatment as well as any lost income as a result of the accident.
It is not unusual for an insurance company to offer an extremely low amount when they think that the injured person will be unable to contest their offer. They are hoping for a quick and easy settlement without any attorney representing her. They also know that if this matter should be litigated, she will incur expenses for coming back to Florida for depositions and trial.
She may have a serious problem trying to get a reasonable offer without being represented by an attorney in Florida. She should consult an attorney immediately to safeguard her legal rights. Generally, cases of this nature are handled on a contingency basis wherein the client is only obligated to pay a fee from any settlement or damages received. If you have further questions, please feel free to call my office or send me an email directly.
Scott R. Jay, Esq., 305-249-8000