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  • I was involved in a car accident caused by the other driver. I have a tear in the labrum in my hip that may require surgery

    If the pain doesn't get resolved with the cortisone shot I may need surgery, then I'll be out of work for at least 3 months, my PiP coverages only up to 10000, and I don't have underinsured policy. Can the other drivers insures pay for my medical...

    James’s Answer

    you need to hire an attorney ASAP, a demand for the policy limits needs to go out and hopefully its substantial, you need to schedule your surgery during the pendency of this demand if the limits are sufficient to put as much pressure on the insurance company as possible. if the limits are not enough then a demand needs to go out immediately and hopefully they do not pay the limits and thus putting them in a bad faith situation

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  • I was visiting my mom and my sisters dog bit my face they bandaged it up I'm home now in pain, but dont want my sister upset

    Or put down and they recently relocated from ny and rent here in fl. I dont want to bankrupt my family or have the dog a rat terrier mix put down but I'm in pain now afraid of it and it bit my cheek now rather swollen and open

    James’s Answer

    you will need to know if your sister has homeowners insurance. if she does most of them have medical payments coverage that can help offset your medical expenses. it is important that a lawyer review your sisters homeowners policy if she has one to determine if the dog and dog bites are excluded.

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  • Is it mandatory your attorney hold a portion of your settled bodily injury claim funds to pay for the 20% unpaid medical bills?

    I was rear ended with the other driver being total at fault. The impact resulted me with 3 herniated disk and other various pain. Injury claim has already been settled while still receiving treatment. Attorney received their pecentage and fees, I ...

    James’s Answer

    it is important to keep the outstanding medical expenses in trust pending the outcome of the UM claim. your lawyer should be in position to submit the same. make sure that your UM company has waived subrogation and is allowing you and your attorney to accept the Bodily injury settlement

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  • Settlement for a herniated disc?. How much worth?.

    I am 21 years old and I was in a car accident , I was in the rear right seat when we were hit. (The driver at fault ran a red light and she admitted it, also her insurance is State Farm). I had a microdisectomy (L5-S1) October 14th and the ac...

    James’s Answer

    the question is how much bodily injury insurance does the at fault party carry. you are very young and a disc extrusion is more likely caused by trauma in a 21yr old. the next question to determine is do you have uninsured/underinsured motorist coverage available to you either through your own insurance company, if you live with your parents there insurance company or the insurance company of the car you were a passenger in. this can be a significant case do to your young age. you should seek counsel immediately.

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  • Can insurance company suspend your driver's license?

    Daughter hit into rear bumper of a car causing $500.00 damage. She only had liability coverage for her vehicle. Now 1and a half years later she is getting calls from the other insurance company wanting her to pay $7,500.00 in medical bills that t...

    James’s Answer

    the insurance company cannot suspend, however what they do is report to the DMV that your daughter was not driving with Bodily injury coverage and since it sounds like the injured persons insurance company paid out under there uninsured motorist coverage then the DMV can suspend your daughters license until she makes restitution.

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  • Slip and fall with pain and suffering, do I have a case at all? if so how do I go about it?

    fallen sign that was the same as stickers used on the floor, I stepped around a corner and took a hard fall on my knee and wrist and jarred my prior injured neck that was just fixed with surgery, now I have a lot more pain and cant walk or go up a...

    James’s Answer

    it is important that you contact a lawyer immediately. a spoliation of evidence letter must be sent out to the store preserving any and all video evidence of your fall. it is important to know whether there were any witnesses and whether or not you have there contact information. you need to see medical specialist for your injuries. contacting a board certified civil trial lawyer that specializes in personal injury claims is what you need to do

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  • In Florida, if you have a um case only and no tortfeasor, Florida Statue Section 768.76 appears that no subrogation occurs?

    By Florida Statue Section 768.76,I read a few lawyers blogs who stated that um claims only where health insurance was involved requires no subrogation(pay back)to the health insurance company because there was no tortfeasor and was a first person...

    James’s Answer

    under florida law your um company steps in the shoes of the tortfeasor and you will have to pay. the subrogation rights apply when you are being compensated for your injuries and the medical bills paid by your health carrier. it is my opinion you have to reimburse your health insurance company if they have asserted their right of subrogation. you must also be careful to determine if this is an ERISA plan it is important that you contact an attorney

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  • My daughter had a car accident two years ago. I had full coverage but no liability cover, what I need to do.? I'm being sued

    My daughter had a car accident 2 years ago in Fl. We had full coverage on the car but we didn't had liability coverage. There was NO damage at all to both vehicles, now we are being sued for personal damages in the amount of 11, 500. We are low ...

    James’s Answer

    your biggest problem will be this, if the person bringing a claim against you has uninsured motorist coverage and that company settles with their insured they may report you to the department of financial responsibility to which your license may be suspended for failure to carry bodily injury insurance. i would contact the injured parties attorney to see if they have UM coverage. if they don't i would try and make some type of small settlement so that they don't go and get a judgment against you

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  • If a settlement offer is turned down dose the person who says no to the offer, will that person have to pay the legal bills of

    slip and fall case -settlement offered person turn down. will this person have to pay the other sides legal bills if the jury offers not more than 25% of the last offer?

    James’s Answer

    that would be accurate if the defendant made the offer through what is called a Proposal for Settlement. your attorney should provide you with all of this information and the amount of money you would have to net in order to beat that proposal

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  • Do I have any recourse with Optimum medical insurance who I believe cost me my eyesight in my left eye?

    Would not pay for out of state surgery, forced to return to Fl, situation caused 5 days to pass and I did not recover my eyesight due to detached retina.

    James’s Answer

    • Selected as best answer

    you may have a cause of action depending on what type of plan you have. you need to immediately contact an attorney in florida. our office handles these matters, in my office Attorney Sam Newman handles these types of cases

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