Alejandro Fiol's Answers

Wrongful death

First of all I am sorry for your loss. If I am correct in reading your email, your father is either not alive or was not married to your mother at the time of the accident. Accordingly, the only persons entitled to recover for your mother"s death are you and your siblings. Each of you has a claim for pain and suffering, lost parental consortium and the value of lost economic support if any of your were dependent on her for that type of support. Unfortunately, without knowing more about about...

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RE UM/UIM Coverage.

Your passengers may be able to pursue their claim against your insurance company directly for the UM/UIM coverage. You will not be responsible personally for anything beyond the limits of your coverage, even if your passengers expenses are greater than your coverage limits.

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Who gets "deposed" in auto crash?

In most cases the plaintiff and the defendant driver are deposed. Aside from the parties, whether or not other winesses are deposed is a matter of strategy on the part of the lawyers. Generally, if a case is going to trial, most defense attorneys are going to depose treating physicians that are expected to testify. The plaintiff's lawyer may choose to depose the treating physician if the physician will not appear live at trial. There are many factors that go into deciding whether a treating...

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Can a fiancee file a wrongful death suit in the State of Florida?

Unfortunately, there is no cause of action permitted under Flolrida law for a fiancee. The only individuals permitted to sue for wrongful death are the decedent's spouse, children, parents and other blood relatives if they are in some way financially dependent on the deceased for support or services. I am sorry for you and your mother's loss.

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Is a transmission shop liable for unnecessary misdiagnosed repairs?

If the work was unnecessary you could send them a letter asking them to refund your money based on what the subsequent mechanic told you and the results of the new work. If that gets you nowhere, I would recommend you sue him in Small Claims Court to recover your money. You would have to bring the new mechanic into court to have him testify about the unnecessary work. Here is the website in Hillsborough County for Small Claims questions. http://www.hillsclerk.com/publicweb/CountyCivil.aspx....

Who should i sue

Your best bet will be to sue the owner of that vehicle in small claims court. The expense of hiring a lawyer will be greater than the damage you'll recover from the owner of the car. See the previous lawyers link to the courthouse. Thanks. Alejandro FIol

I was involved in a car accident, four cars total. I would like to know who is at fault.

There is a presumption in Florida that if you strike the rear of another vehicle, you are at fault. However, you can overcome that presumption by proving that you were forced to make an unpredictable sudden stop. Accordingly, you may not be found to be responsible for the accident. However, overcoming the presumption is going to be based on all of the circumstances of the accident and not just by you saying that you were forced to suddenly stop. your inurance company will be able to gather the...

What's my right for this car accident?

I'm sorry for what has happened to you and your family. First thing you should do is make sure that both of your loved ones are getting the appropriate care and treatment they need. If you decide you need the services of a law firm, a complete investigation of the facts and circumstances of the accident should take place to preserve evidence and to talk to all potential witnesses while their memories are fresh. If you receive a phone call from an insurance company before hiring an atttorney,...

Can the insurance company go after the co-owner of a vehicle that was involved in a uninsured accident, if the co-owner was..

Yes. The owner of a vehicle, even if she is not driving the vehicle,. can be held responsible for the negligence of the driver who had her permission to drive the car. If you were the co owner, then there is no need for permision from your grandmother. As to the viability of the claim, if your mother owns her house in Folrida, it is exempt from a judgment. However, if she owns any securities, bonds, etc. those could be subject to colllection from a judgment. Hopefully this answers your...

I was in a auto accident and i wasnt under the insurance policy wat do i do?

As to your statement that you are not on the insurance, it is hard to determine what you mean by that. Even if you are not an insured on that vehicle's policy but you are an insured on another vehicle, that insurance will provide you with medical coverage up to $10,000.00 assuming no deductibles. If you are not an insured under any motor vehicle policy, but the vehicle you were in was being driven with the owner's permission and the vehicle is insured, then you will have medical coverage up...