Henry James Graham II's Answers

I was in a car accident in 1999, the other party insurance company sued me years later, so now I have no Florida Dl,

You need to speak with an independent attorney not retained by and being paid by an insurance company. In trying to translate what you have written, I can assume you had an excess judgment entered against you? By that I mean a judgment greater than any bodily injury (BI) coverage you may have had. There is plenty here that does not sound kosher. I strongly urge you to contact a plaintiff's firm (that is, lawyers who represent injured persons and NOT insurance companies) in the Tampa area to...

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Accident

I concur with my colleagues' excellent observations. I especially agree that you should immediately consult a top plaintiff's lawyer in Tampa who actually tries cases against insurance companies. No matter how cordial an adjuster may be personally, you are immediately in an adversarial relationship with any insurance company as soon as you file a claim, including your own company. That is irrespective of whether you have been a loyal, premium paying customer for decades who has never before...

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How many days??

Hit and run suspects are often never found. It is probably the exception when they are. This is yet another reason why everyone should buy UNINSURED/UNDERINSURED MOTORIST (UM/UIM) coverage. We have had clients seriously injured or killed by hit and run drivers, and have successfully recovered for them or surviving families because they purchased this non-mandatory coverage. And, likewise, we have had to decline cases from catastrophically injured clients or surviving family members because...

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MY RIGHT EYE WAS HURT WHILE SERVING IN THE mILITARY. i KNOW HAVE A DEACHED RETINA WHICH LIMITS MY ABILITY TO WORK DRIVE .

My colleagues have given you good advice and I just want to add several points. By way of full disclosure, I am a former Air Force Reserve JAG. Because of the Feres doctrine, you cannot directly sue any military unit for injuries incurred while on active duty, even if someone's negligence caused your injury. Now, if there is a third party involved, such as a civilian contractor, there may be a ray of hope on that point. Either way, there are almost certainly a number of former (and reserve)...

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What is the number 1 way of defeating a Motion for Summary Judgment in a Medical Malpractice case?

Please do not tell me your are trying your own medical malpractice case. If you have an attorney, you should be consulting him/her. If not, I strongly urge you to consult a top plaintiff's firm such as the Levin firm in Pensacola immediately. Medical malpractice cases are among the most complex and expensive in Florida. If without counsel, you literally have no chance against the skilled and experienced defense attorneys employed by the medical malpractice insurance companies to defend...

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The homeowner's insurance refused to take a claim for a dog bite; they said that they dont cover that. Whats the next step?

First, I concur with my colleagues that you should retain a top plaintiff's lawyer who will get a copy of the policy per the Florida insurance disclosure statute, section 627.4137. Second, even if there is a specific exclusion for dog bites, almost every homeowners policy includes "medical payments" coverage that is extended for any injury on the premises, irrespective of fault. I am very sorry to hear about your little girl's injury. Do not lose hope and go forward as discussed. Good luck

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How is a accident final settlement determined? I'm just curious as to get an idea of what I should be expecting.

First and foremost, you should be discussing all this with your attorney where your communications are shielded by attorney-client confidentiality, rather than this public, open forum. Second, if your wreck occurred in December, 2011, you are only two months out which is not a long time at all for a personal injury claim. The average claim period is usually 4-6 months, and often longer. Third, no settlement can or will occur without your full input and approval. Your attorney will give you...

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In 3 car rear end accident (3rd car hits middle causing a "Double Tap" of Double hit bc/the middle is too close) Whose @ fault?

In Florida, there is a well-settled rebuttable presumption of negligence that the rear driver is at fault in any rear-end collision, because of course the rear driver has a superior view of the scene, he/she should always stay far enough back to stop suddently if need be, and the fact that it is entirely foreseeable that cars will stop suddenly on a roadway. The presumption can only be rebutted in a very narrow set of circumstances enunciated by the Florida Supreme Court fairly recently....

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My attorney advised me he has recd. a verbal offer from the defendant in my auto accident case.

I agree with Mr. Marshall that there is some miscommunication here and second his proposed course of action. But, remember, a verbal offer may be all he has received. And, keep your eye on the ball and don't get wrapped around the axle on these trivialities. Your lawyer's job is to get you the best settlement or verdict he or she can. That is what is important, rather than how this information is conveyed. Trust your lawyer but stay informed on your case as you have. Good luck.

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If a letter of demand was sent to insurance and they pay, is that the end of the case?

If the insurance company complied with all the terms in the demand letter and timely tendered the policy limits, yes, that claim is over. It does not exclude bringing an underinsured motorist claim v. your own insurer if you have been wise enough to purchase that insurance. But, as we have all said, you should be asking your attorney these questions within confidential attorney-client communications. You should have approved the demand letter, so all of this should have been discussed with...

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