Legal Question in Personal Injury in Florida

hit by a drunk driver

on 11/9/07 i was in an automobile accident. the other driver was totally at fault. as a result of the accident i suffered a Lisfranc fracture of my right foot which resulted in surgery. my lawyer settled the case for the maximum the insurance would pay. the doctor told me today that my foot is pretty much screwed for the rest of my life. he prescribed me custom molded shoes(which i cant even get because the insurance didnt pay for the walking boot i already got from them). so my question is am i gonna have to be responsible for payng for these shoes and all the ones im gonna have to buy? why cant the drunk woman that hit me be responsible for it?


Asked on 3/19/08, 1:56 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: hit by a drunk driver

The drunk does not have to pay because you settled the case against her by accepting the insurance proceeds. When you did that you executed a release of the drunk so that you cannot sue her.

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Answered on 3/19/08, 2:31 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: hit by a drunk driver

Your attorney probably advised you correctly that to go after the defendant personally was either not worth it because she has nothing (determined by an asset search) or the case simply was not worth more than the policy. Unfortunately it seems like you will have to pay for additional expenses. That is what you give up when you settle, you release the defendant from all claims. If you would like to speak to me in more detail please feel free to call me, Pasquale Calcagno, Esq. of Calcagno & Associates toll free at 1(800)WE-FIGHT or visit us on the web at www.ny-injurylawyer.com. Good luck.

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Answered on 3/20/08, 1:22 am


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