What is acceptable settlement ?

Asked about 1 year ago - Saint Petersburg, FL

I was passenger in car crash in Florida. A horse crashed our rental Hertz car at passenger side.This was on a interstate crossing and state troopers witnessed the crash. I am suffering physical and psychological trauma. Back/neck pain, nightmares, fear of driving. Have laid a claim at hertz, now awaiting their reply. I was fully insured via Hertz at the time of the crash. Am I entitled to compensation and how much is acceptable ? Thank you.

Attorney answers (11)

  1. Don Paul Harvey

    Pro

    Contributor Level 15

    10

    Lawyers agree

    Answered . I am sorry to hear about situation. There is way too much information missing here to give any good advice. Best advice I can give you is to call a personal injury attorney so they can gather what's needed to give you proper advice. Many of my clients want to know about "pain and suffering" and the like, and in order to obtain non-economic damages in FL you must prove a permanent injury or severe disfigurement. Do yourself today a favor, call some attorneys or contact my office even to chat more about the specifics of your case.

  2. Jeffrey Robert Davis

    Contributor Level 14

    9

    Lawyers agree

    Answered . Your question is way too complicated for a simple answer-a lawyer would need to look at the fault of the horse owner/adjacent land-owner,review the insurance you purchased,the accident facts,speak with the police and other witnesses,review your medical records and bills,coordinate insurance benifits,possibly conference with your doctor(s)-after that is done,then your question can be answered. If you were injured,hire counsel now-don't wait.

  3. Josh P Tolin

    Contributor Level 19

    7

    Lawyers agree

    Answered . You did not say exactly what happened. Was the horse not properly fenced? There are more questions than answers based on the limited facts. Hire a local personal injury attorney. There are just too many variables, and factors that go into what is reasonable. That is why you need to retain counsel.

  4. Daniel Nelson Deasy

    Contributor Level 20

    6

    Lawyers agree

    Answered . Short answer -- what you think is fair.

    Long answer? You can't possibly know that without speaking with a respected and experienced personal injury attorney. Assuming that someone's negligence led to your injuries, you may have a claim against the blameworthy, negligent partiy(ies). An attorney will help you identify such potential claims and help you maximize your recovery.

    Good luck. Don't delay in retaining counsel.

    DD

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  5. Bradley D. Harville

    Contributor Level 13

    6

    Lawyers agree

    Answered . You need to follow the advice of these attorneys and hire a personal injury attorney.

  6. Todd J Stabinski

    Pro

    Contributor Level 9

    4

    Lawyers agree

    Answered . You've got a lot of issues that need to be analyzed before any competent attorney can answer your questions. Besides your injuries, I would be curious to know what your claim is against Hertz. Normally a rental car company is not liable for the negligence of the driver of their vehicle. Again, there are a lot of facts that must be explored. You should discuss these issues with your attorney. If you don't have one, I recommend you get one immediately. Good luck and I hope you feel better soon!

    Todd is a partner at the law firm of Stabinski & Funt, P.A., specializing in accident and insurance claims.... more
  7. Lars A. Lundeen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Why is Hertz responsible for the horse? 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.
  8. Clifford M. Miller

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . If you were injured in the crash, some compensation is warranted. But, from whom and how much depends on the details of your case. So, hire a lawyer and discuss those details with that lawyer.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  9. David A. Papa

    Contributor Level 16

    2

    Lawyers agree

    Answered . Agreed -the issues as to who owned the horse-why was it in the street- all need to be investigated. Hire a personal injury attorney asap

  10. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Don't know why you are trying to play lawyer. Best bet is to retain one.

  11. David Ian Schoen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . There is no way to answer this question, especially with the limited information provided. Consult with a local personal injury lawyer.

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