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Can you sue for property damage separately from medical stemming from a car accident? In other words sue in small claims for the

Orlando, FL |

property damage for $5,000 and then turn around and sue for another $5,000 in medical in a separate suit? I'm in the state of Florida

Attorney Answers 8


  1. You could but it would not make sense: two filing fees and duplicate other expenses- I am not sure what the 5000 in medical is about- is that out of pocket bills after pip pays?


  2. The at fault party should have a property damage policy and a bodily injury policy for you damage and pain and suffering claim. Pip should have paid the medical bills up to ten thousand dollars if you had a Florida policy. Why would you want to sue this at fault yourself unless there were uninsured. In that case you would make a um claim under your policy if you have it. Bottom line is that you need to run this by a lawyer and let them handle this for you so you maximize your recovery and uncover all possible insurance policies to go after.


  3. You could but it would benefit you to bring them both together as my colleague advised. You should consult an attorney for representation as you only get one opportunity to get it right.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  4. Your personal injury lawyer would be able to resolve everything together. Not a good idea to try to handle it yourself.


  5. You should discuss the best approach with an attorney who is familiar with all of the facts in your situation.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  6. If you have an attorney, talk to your attorney about these issues.


  7. You should file one suit for all damages stemming from this accident, including property damage. You don't want to have to double your costs. It's in your best interest to speak to a Personal Injury attorney before you file suit.


  8. Yes, but that isn't efficient. Plus, many injury lawyers will essentially assist you with your property damage as apart of the injury claim- without charge for property damage negotiation.

    It really depends on your injuries. Even in soft tissue injuries, those tissues stretch and scar, or cause corresponding pressure on nerves in the spinal cord, leaving behind permanent problems for some. I have had clients need surgeries years later because of a bulging disk and have their entire world collapse for what seemed inconsequential at the time. Insurance companies want you to settle as soon as possible and treat as little as possible. Attorneys matter. They change their gameplan when a lawyer is involved. It seems like your injuries are more serious- pain is a sign of a problem, probably neurological.

    For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Further, other firms are taking every case they can to be able to spend millions on advertising to get even more cases. Find a lawyer who offers personal attention and, with it, accountability. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim. If you have any further questions, feel free to email me- jmp@knowthelawyer.com. Check out our website- www.knowthelawyer.com. We'd love to help you. Our number is 800-6-know-law.

    Please CLICK the button if I HELPED or was BEST ANSWER. No attorney-client relationship is established and responses here are general first impressions. You should consult with a lawyer about your problems. More about our firm is located at www.knowthelawyer.com.

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