Legal Question in Personal Injury in Florida
I was rear ended sitting at a stop light by a utility truck owned bythe county. I just bought my car, it had only 3000 miles brand new. The ticket was issued to the other driver. I went to the hospital a day later to find out I have 3 herninated disks in my neck. Went to therapy for about 6 months went to a spine surgeon and he suggested getting spinal fusion surgery. I declined, after all said and done I have a three percent disability in my neck. The countys insurance limit is 100,000.00. I have a lawyer but I'm begining to lose faith in him. April 15 will be four years later. March 20, I was suppose to go for questioning under oath and then mediation, my lawyer calls me and says the county has a new lawyer and he wants to get this over with and not go through mediation and so on. My lawyer said if he could get 10,000 in my pocket would I will be willing to settle. I was very upset, I told him I would discuss this with my wife. My question is do I stand a better chance of taking this to trial or try and settle? What is the amount you would concider fair? On my MRI this is no space where the spinal cord runs through the channel. One more good accident and I'm looking at some major problems. I still work and I don't show any loss of income. I don't like taking pain killers so I just deal with. please give me you honest opinion.
2 Answers from Attorneys
You may seek a second opinion from another attorney; however, a new attorney will want to review all of your medical records and material information to be comprehensive.
It sounds like your case is in suit (as it should be at this point, as in Florida, the injured party has 3 years to issue the statutory tort claim notice and 4 years to file a lawsuit to prevent being barred from bringing a claim).
If you do proceed with another attorney, your current attorney would probably assert a lien for costs and time on the case, which may limit your recovery. So, talk to your current lawyer to see what is going on and why. Get a copy of your medical records from your attorney for your own review and then consult another attorney for a second opinion.
The County has limited liability no matter what your damages. Hard to assess your case without seeing the medicals and confirming that all damages are related to the accident and not associated with preexisting problems, which is the usual defense. I suggest you sit with your current attorney and discuss the positives and negatives of your case.
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