Legal Question in Personal Injury in Florida
ins settlement/sue for balance
I was rearended and received a 4% cervical spine impairment rating from chiro.My lawyer says the best he can do is $7500.Does this sound about average for this case.Also can I take the at-fault driver to small claims court and sue them for the medical balances that I'm having to pay from my settlement??
2 Answers from Attorneys
Re: ins settlement/sue for balance
Your settlement depends on several factors, including your out of pocket expenses, the severity of your injuries, whether you had any fault that contributed to the accident, among other things. Your settlement value also depends on the defendant's insurance carrier. Some carriers pay more than others. As a practice, our office tries to make sure our clients have no out of pocket expenses left to pay once the case is resolved. The lawyers many times try and negotiate your medical bills to make sure everything is covered before the case is completely closed out so you shouldn't have to worry about additional bills. Also, once you sign the release, you generally release the defendant from any further liability and therefore you may not sue them for any more money.
Re: ins settlement/sue for balance
IT depends on the nature of the injury, medical limitations, the MRI results, future meds, etc.
Since I dont have benefit I can't advise. You can go to small claims to recover some out of pocket expenses.