Legal Question in Personal Injury in Florida
i hired a law firm to to sue for bodily injury and property damages after a car accident in 2005.
my husband was driving my car , a 2001 ford crown vic,when he was hit head on by a wrong way driver. the man who hit my husband died on impact and had minimum insurance policy. we resigned to the fact that we would only be getting the min 25,0000 for my husbands injuries and were told that the property damage(the car value) is separate from that.
its is going on four years now.we spoke to the lawyers every few months to get updates on our case always asking about the money for the car as well. we were told it was being handled by a seperate dept in the firm and is also being worked on.
i spoke to one of the senior partners yesterday who now informs me that they "made a mistake" and it is now too late to sue for the car. Further he says i would have only gotten $500 because it was"all smashed up"...well of course it was! ...after the accident.AND he says we would have to have called in expert witnesses and took it before a judge to prove the car value...i thought they go by blue book value( which was, at the the over $5k) from BEFORE the accident? He said "oh no...they dont go by that"
our lawyers dropped the ball , big time and dont even care.....what is my recourse?
4 Answers from Attorneys
You raise several issues that I would need to talk to you about on the phone or in person. Please call my office for a free consultation. 561-266-9191.
You may have a legal malpractice claim against the attorneys. While there is a general 4 year statute of limitations for personal injury claims there is a 2 year limit in suing a deceased driver. They are wrong claiming a need for an expert to testify to the value of your car. An owner is permitted by law to testify to the value of his own property. Was a lawsuit filed within 2 years of the date of death? Was property damage requested? What was the value of the deceased's estate? Those assets can be claimed in addition to the insurance policy limits. You need a second opinon reviewing their conduct. Call me at 305-305-3351.
Did you have underinsured liability insurance coverage? You would certainly be entitled to the value of the 2001 vehicle in 2005. You have the right to file a claim against your attorney.
Rereading your question raises several points. You state the other party had minimum coverage. . In Florida it is 10/20 not $25,000. Did the lawyers file suit.? Why wouldn,t a 2005 case be set for trial long before now? Did you have collision insurance on your policy which would have paid you immediately? Did you have uninsured motorists coverage on your or other family cars? Car damage claims are usually settled within a few weeks after an accident without experts needed. Blue book prices are a good guide. Did the deceased have money or assets in his estate and did your lawyers file a claim against the estate for injury or property damage within 2 years.? Have your lawyers acknowledged a mistake causing forfeiture of your claims suggesting obtaining representation for a malpractice claim against them?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
