Legal Question in Personal Injury in Florida

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Hello,

I'm sorry to hear about your husband's accident. If you accepted the $10,000 insurance payment from the motorcyclist's insurance company, you probably signed a release giving up all right to make a claim against her. If you did not release all claims against her, then you could certainly sue her. However, if she has no assets that you can collect against, it may be difficult to ever collect anything from her. Also, she might be able to go into bankruptcy and wipe out any judgment that you and your husband obtain against her. You have to make the decision about whether it's worth pursuing her any longer. There are strict deadlines for filing a case in court. You should consult an attorney about the exact deadlines in your case.

I am so sorry to hear about your husband's injuries and lifetime problems. There is no way a lawyer can give you a decent response to your situation without knowing all of the details. It is obvious that the injuries suffered by your husband are catastrophic and require lifetime care possibly involving professional nursing services from time to time, not to mention physical therapy, voice therapy, swallowing therapy, etc. Many of these services are provided in large urban areas especially at teaching hospitals such as Gainesville's Shands Hospital or Jacksonville's Mayo Clinic. When you first hired your attorney, he or she must have been aware that the recovery against the wrongdoer's insurance as well as your insurance would be minimal and inadequate to cover lifetime care. This is a case worth well over a million dollars and so I would hope that your lawyer investigated the circumstances of the accident thoroughly, especially to look for other factors that may have contributed to the accident. For example, if there was something wrong with your husband's motorcycle that prevented him from avoiding the accident such as brakes, steering, etc., then you may have had a claim against the motorcycle manufacturer, distributor or dealer based on products liability. Or, perhaps the intersection was inadequately lit up if it was nightime, or perhaps the stop sign was obscured by bushes, tree limbs, etc. If so, there may be a way to sue the City, County or State of Florida where the accident occured based on negligence. Since your husband was on his way home from work, I would want to know what kind of work he does and whether his work involves using his motorcycle for trips to see customers or to pick up parts, etc. If he used his motorcyle with the knowledge of his employer, he may be able to make a workers compensation claim although this is probably going to be a stretch. I assume your husband is eligible for Social Security and that he applied for disability benefits which includes Medicare and possibly Medicaid. As far as going after the wrongdoer, it usually is unproductive unless you locate non-homestead real estate or other valuable property to levy on. You should check to make sure that the general release you signed to get the insurance money didn't release the wrongdoer as well. If so, you may be prevented from going after the driver. All of these matters and more should be addressed by your attorney, and perhaps a second opinion is in order.