Legal Question in Personal Injury in Florida
My mother was hit 3 months ago while walking her dog on the sidewalk in our neighborhood. The girl that hit my mom was 18, speeding, and blew a stop-sign. We have been offered the girl's insurance maximum of $100,000. That is nowhere near the amount that my mom is due because of her 2 broken legs, shattered knee, broken arm, and 4 brain injuries. So far her medical bills are over $250,000. She currently cannot walk, and will be out of work for at least 3 more months (making it a total of 6 months). The police department took blood samples of the girl that hit her and DID NOT write any sort of citation or file any criminal suit against her. We have not received any answers from the police department since then. Is there another way to sue the girl that hit her... or can we sue the police department for negligence?
6 Answers from Attorneys
Was the girl driving someone elses car? The issue is not about liability or damages its about being able to collect on a Judgment it appears.
If the girl is charged and convicted you may be able to obtain a recovery under the Crime Victim Restitution Trust Fund.
I actually do pursue drivers without insurance or enough insurance throughout most of the state. If you have any further questions feel free to contact me.
The answer to this question depends on several factors, including the owner of the car, how quickly you were offered the limits of $100k and whether the girl or the owner of the car have any assets. Sometimes it is not a good idea to accept the policy limits just because they are offered. That may be the case in your mom's unfortunate situation. You can contact my firm if you'd like to discuss this further and determine whether you have any other avenues to pursue in this matter. I hope your mom has a speedy recovery from her injuries.
Jose A Negroni
Negroni Law Group, LLC
www.NegroniLaw.com
877-321-6115
7344 NW 5th ST
Plantation, FL 33315
Did your mother have her own underinsured coverage policy??
All of these attorneys are asking the right questions, there is just a lot of ways to look for additional coverage to cover the loss. With your medical bills that high, you will want to try and get them paid by pro rata share. I would be happy to answer your questions and point out some additional ways that you may be able to recover for your mother.
James Frazier, www.trulyinjured.com , 407-637-5890
You need to see if your Mom has underinsured motorist coverage as indicated above. This is insurance that provides additional protection if there is inadequate insurance from an at fault party. Unfortunately, if the party does not have collectable assets, most attorneys will not recommend suiing since the cost to your Mom would not be worth it. If you need an attorney in your area, please contact me. See www.FloridaPersonalInjuryTrialLawyer.com
I'm very sorry to hear about your mother's accident. If the girl who was diriving was only 18, then it is likely that her parents owned the car. This makes the parents equally as responsible as the driver. There may be good claims against the parents personally. Also, there may be additional claims against your mother's own auto insurance.
The issues can become quite complex. You really need to speak to an attorney who has a lot of experience with these types of claims. In particular, you should speak to an attorney who is board certified in civil trial law, as are the attorneys in our office. This indicates that one is an expert and specialist in this field. We offer a free initial consultation and would be happy to speak to you about the situation.
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