Legal Question in Personal Injury in Florida

I'm being sued - Someone fell in my home

A person fell in my home. I own it outright and had no homeowners insurance at the time. I'm told that now I am personally going to be sued. Do they have to prove negligence? In the mean time should I mortgage the home? This property is not homestead, it is not my primary residence. Are transfers of property void for up to 1 year after the incident? Can they take ALL my assets? Should I wait until I hear from their Atty? I feel I should be working to protecting myself now. The property IS insured now. Please help.


Asked on 2/03/04, 11:17 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: I'm being sued - Someone fell in my home

I have handled many of these uninsured cases. You need counsel to protect your interests. None of your ides will work. Suggest you contact me. Good luck.

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Answered on 2/03/04, 11:56 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: I'm being sued - Someone fell in my home

If you are the owner of the home then the claim for personal injury will be against you personally. Naturally, making a claim does not a final judgment make. The plaintiff would still be required to prove both liability and damages, and obtain a final judgment against you, before being able to pursue any of your assets. You may have strong defenses to any claim that may be made, but you will need to retain counsel experienced in defending these types of matters. Had you been insured at the time of the incident, then the insurance carrier would have paid for defending your interests (minus any deductible), including attorneys' fees and costs. That cost will now come out of your pocket. Obtaining insurance after the fact will not cover it unless you disclosed the incident to the carrier and paid a larger premium to commence coverage retroactively, but it's unlikely that's the case. If you wish to discuss this matter in more detail, please contact my office at 305-424-0236.

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Answered on 2/03/04, 12:10 pm


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