Auto accident in Florida

[tdiaz]

My Husband and son (7 years old) were involved in a car accident in Jan 2001 in Miami, florida.
They were both injured.
My son's face smached against the side window needing a rescue to come and emergency dentist visit and his safety belt went into his pelvic area (black & blue for over 3 weeks). These injuries were evident immediately.
My husband sustained a bulged disk as a result of the accident and was fired from his job becasue he can not bend down.
Our lawyer seems to be taking his time about the whole situation.
The lawyer's helper has given us different info every time we speak to them.
They recently told us the lady's insurance only had 10/20 coverage.
Both the therapist and the dentist (which my son had to see)say that the injuries to my husband and son are basically for life.
Is there any way that I can check to see if my lawyer is doing everything he can for us?

Thank you
Desperate

 

[Juan Rodriguez]

In most instances I would tell you to take a hard line with your attorney since he works for you and should keep you properly informed. Personal injury attornies in Miami are a dime a dozen and it's easy enough to fire one and hire a new one. My advise would be to go to the office and speak face to face. Don't call because it's to easy to get the brush off.

Your problem is that the adverse driver carried the minimum liability. Once you switch attornies the old will have a lien on the settlement. As it is, once you factor in his fees and costs plus any expert witness costs, you will get very little back in the form of compensation.

Just as a matter of interest, how much did your PIP pay on each of them? Do you carry Uninsured Motorist coverage?

For those of you reading this post, "rescue" is Miami Spanglish for "ambulance".

 

[tdiaz]

Thanks for your advise.
So far the PIP has paid $0.
The attorney just called and told us they will give our son the full $10,000 (which will leave around $5,600 after all the fees but they say that the money is going to be put in a trust fund).
The is kind of funny considering that it is such a small amount of money and he will continu to have doctors bills until he turns 18.
They are still fighting for the money for my husband which they do not want to give him the full $10,000.
Is there anywhere we can actually see if the lady actually had only this amount of coverage?

Thanks in advance for your help.
TDiaz

 

[Juan Rodriguez]

It is standard practice in Florida in personal injury cases for the attorney to request a disclosure from the sdverse carrier. By statute the carrier must respond by providing all of their insured's policy information. Your attorney's file is actually your file so ask for a copy of his request and their response.

The adverse insurance company can only pay up to their policy limits for for son's injuries. In your case the limits are small and the injuries are great. As far as your husband is concerned I can't and won't say how much his injury is worth. But I can tell you that in Miami a bulging disc brings about as much money as a hang nail.

I am very surprised that your PIP has paid $0. PIP carriers are required to pay with-in 30 days of their receipt of the medical bills barring any deductables. The most common insurance litigation in Miami are PIP suits. PI attornies, as a routine, have runners filing on the 31st day if the bills have not been paid. Attornies in Florida can recover up to 3X thier fees and cost if they win a PIP suit. This is a big money maker for them.

Good luck.