Asked 5 months ago - Orlando, FLFlag
he was jailed - i went to ER- he will not give homeowner info - idk what to do
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Consult with an experienced Fl personal injury attorney. There is a statute requiring him to give insurance info ( most people just send it on to their carrier when they receive a letter from an attorney)there are also companies that can run down the existence of insurance.
there is a large potential problem. every insurance policy has some type of exclusion for intentional acts. you need the consult as soon as possible to see if the incident can be characterized as "negligence"
I agree with Mr. Altman, you should contact a personal injury lawyer who deals with negligent security. An attorney will be able to place the homeowner on notice. With regard to the association, the attorney will also be able to tell you if you have a case. An association's liability depends on the previous history associated with your neighbor. For example: were there prior violent incident associated with this neighbor? How had the association handled it in the past? did they have any security safeguards such as roving guards and/or security cameras. Speak to a local attorney to help preserve rights and evidence.
Generally speaking homeowner's insurance will not cover an intentional act. However, if the neighbor's conduct can somehow be framed as "negligence" there may be coverage. Whether you can sue the homeowner's association or landlord will probably depend on whehter they knew or should have known of the neighbor's propensity for violence. You should consult a good Orlando personal injury attorney.
If the assault occurred on his property, you should find out about his homeowner's insurance and make a Medical Payments claim for your medical bills. This coverage will pay regardless of fault. His liability coverage will not cover you because it was an intentional act.
You may also wish to contact the prosecutor's office and provide them with information about your medical expenses and other losses so that they might be able to include a restitution order against this defendant if and when he is convicted.
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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.
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