A significant factor in our Firm's decision to not handle certain medical malpractice cases is the current and past effort of the malpractice insurance industry and certain Florida legislators to pass new laws that would limit damage awards and which would otherwise greatly restrict the ability of injured patients to hold healthcare providers accountable. These proposals, and the publicity surrounding them, have created an unfair playing field in Court for victims of medical negligence....
This is a fairly complex analysis. If your insurance carrier did not tender the limits of your Bodily Injury coverage properly or timely, it may be in "Bad Faith". If so, it may be responsible to satisfy any judgement above your limits.
If the tender was made properly and timely, and the Plaintiff has still rejected it and proceeds with suit, your insurer still has a duty to provide you with a defense.
Tender the defense of this suit to your insurer, and cooperate with them pursuant to...
Of course. There is no legal prohibition to consulting with another lawyer. I would suggest you first meet with your current lawyer and address your concerns to him/her, however.
You absolutely do not need to discharge your current lawyer before seeking another opinion. Why would you do that? What if the second (or third) lawyer you consult advise you that, in their opinion(s) your current lawyer is doing a good job and you should stay the course?
Unfortunately, if there is legitimate damage to her car (to be ascertained by a paint and body shop), she can bring a claim.
The insurance policy that covers the vehicle you were driving will cover this loss, as you were a "permissive driver" of a "dangerous instrumentality" (the car).
Have your friend submit this loss to his carrier.
If you were injured in this horrible accident, contact a lawyer who will represent you on a contingent-fee basis (no recovery for you, no fee for the lawyer). Many firms will assist their personal injury clients with their property damage claims free of charge.
Contact the police, have them meet your son at the scene of the accident to complete a traffic crash report. Advise them about Target's position regarding the security tape and request they obtain the information from Target.
Also, you should send a letter to Target demanding they preserve the video tape and disclose the identity of the person who damaged your son's car. Send it certified, return receipt requested.
It sounds like you should fight the ticket. Remember, the police officer or public safety officer that issued the citation was probably not a witness to the accident. Try contacting a skilled, experienced traffic lawyer to fight the ticket, as he/she should be able to point out to the Judge or Magistrate your version of the facts.
Additionally, you should consider making a claim for your property damage (and personal injuries, if any). Contact a firm that specializes in insurance claims...
In Florida, unlike some other jurisdictions, you need not sue for an amount certain. Instead, you must allege a minimum damages amount. For instance, you must allege your damages exceed $15,000.00 to trigger the jurisdiction of the Civil Circuit Court, the highest trial court level in the state.
If you have actual damages, those are quantifiable. Often, damages to reputation are difficult to quantify. Accordingly, if the defamation has damaged your business or profession, you may be able...
I agree with the prior two answers. Florida is a "comparative negligence" state, meaning fault will be apportioned between all parties (and most non-parties) involved in an incident.
In this situation, it certainly sounds like your neighbor is partly responsible, and you may be partly responsible.
Make a claim, but try to be realistic about apportioning fault.