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05-27-2009, 03:15 PM
| | Junior Member | | Join Date: Sep 2008
Posts: 6
| | | car ran over me
What is the name of your state (only U.S. law)? i live in florida. while in a shopping center i was crossing to the parking lot in the the pedestrian crosswalk and was ran over by a car that didnt stop for people in the walkway.the driver was issued a ticket for failure to yeild to a pedestrian in a crosswalk.my laywer says i'll be lucky to recieve anything for my injuries from the drivers insurence company. what other recourse(s) do i have. |
05-27-2009, 03:33 PM
| | Senior Member | | Join Date: Feb 2005
Posts: 3,336
| | | Well since the driver was issued a ticket for hitting you, it would seem that you have a strong case for showing that he was the driver and that he was at fault.
But since your lawyer says you are unlikely to get any money, I am suspecting that your injuries are minimal. What were your actual damages (medical bills, lost income, rehabilitiaiton costs, etc)?
Generally, if the insurance company is not willing to pay you, then your recourse is to file a lawsuit. It would seem as though your lawyer is saying it is not worth HIS time to sue since he will likely receive little from a contingency fee and his fees may be more than the entire judgment if your lawyer is getting paid by the hour. |
05-27-2009, 04:02 PM
| | Junior Member | | Join Date: Sep 2008
Posts: 6
| | | car ran over me
the doctor reports 2 broken toes and a "reasonable degree of medical probability of permanent injury". |
05-27-2009, 04:18 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,309
| | | So what is the reason your lawyer doesn't think you will get any money? Obviously you will have to wait and see how you heal, but if you DO have permanent injury, then you would be able to get compensation. FL is a no fault state with a fairly high threshold that needs to be met before compensation can be sought (medical bills are covered by PIP) but a broken bone, even if only a toe, is pretty noteworthy.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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05-27-2009, 04:22 PM
| | Senior Member | | Join Date: Feb 2005
Posts: 3,336
| | | Well since you have a lawyer, he probably knows more about the case than I, but with actual broken bones and a permanent injury, you should at least try to get the insurance company to settle out of court for a reasonable sum that would cover your medical costs and any lost income. |
05-27-2009, 04:47 PM
| | Junior Member | | Join Date: Sep 2008
Posts: 6
| | | car ran over me
of course its about money but im guessing the lawyer isnt happy with the 10,000.00 pip cap so im looking for a not so greedy lawyer if there is such a thing. all i was trying to convey is this lawyers advice of its not worth it which i agree with the random guys post of its not worth his time to fool with such a sad amount. thanks for the replies. |
05-27-2009, 06:01 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,309
| | | The lawyer wouldn't get anything from PIP anyway, that's just for medical bills. I would get a second opinion from another lawyer.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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