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I was assaultd by my neighbor and had injuries - he refuses yo give me ins info - can i sue him and the association ?

Orlando, FL |

he was jailed - i went to ER- he will not give homeowner info - idk what to do

Attorney Answers 11

Posted

If the state has pressed charges you can potentially get restitution. You should also consider discussing your case with a personal injury attorney. Call my office for more information as to both.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. To set up a free consultation, please call my office at 727-755-3476.

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Posted

Yes, you may sue him. Prevailing may be very difficult. There may be a claim against the homeowners association. But that, too, may be very difficult. Best course of action; contact local and qualified personal injury litigation counsel. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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13 lawyers agree

Posted

I am sorry you are going through this. There are ways that a qualified personal injury lawyer can investigate whether a homeowner has insurance. I suggest you contact a personal injury attorney for assistance.

DISCLAIMER - Any information provided is not legal advice. There is no attorney client relationship created in this group discussion. Do not rely on informal comminucation in this forum as legal advice. If you wish to obtain legal advice you should hire an attorney in your State.

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19 lawyers agree

Posted

You can sue him. Why do you think the assn is responsible? Id suggest you consult with a local injury lawyer asap.

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12 lawyers agree

Posted

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"

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17 lawyers agree

Posted

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.

Good luck.

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12 lawyers agree

Posted

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.

DISCLAIMER - Any information provided is not legal advice. There is no attorney client relationship created in this group discussion. Do not rely on informal comminucation in this forum as legal advice. If you wish to obtain legal advice you should hire an attorney in your State.

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14 lawyers agree

Posted

A personal injury lawyer would need to investigate. The policy likely excludes intentional acts.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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12 lawyers agree

Posted

It would be wise retain an attorney to investigate and handle your case while you recuperate.

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

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10 lawyers agree

Posted

Call a local attorney. May not be coverage.

Tim

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7 lawyers agree

Posted

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.

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.

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