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I'm being sued over a dog bite I have no insurance and can't afford a Lawyer??

Port Charlotte, FL |

The letter asked for my insurance info or call their office. I called and told them I had no insurance. They were doubtful and said something about an asset investigation. am I at risk of losing my home?

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Attorney answers 9

Posted

That is a very loaded question and its generally not that simple. You really should talk to an attorney in your area.

Posted

Generally, if you only have your primary residence in Florida, then Florida's Homestead law would protect your home from a judgement. However, you may have other attachable assets that should the individual sue you, then you may be at risk of losing. You should seek the advice of a local attorney for further guidance regarding the specifics of your case and your assets, etc.

Asker

Posted

I am unemployed I can not afford an attorney. My only assets are my home and an 8 yr old car. No savings not investments no retirement nothing. So I'm guessing I shouldn't worry too much. The lawyer is a familiar TV Face lol I'm guessing they won't persue the case once they check me out I literally have nothing

Posted

Get a local pro bono lawyer to defend

Posted

Try to work out a settlement whereby you pay a small amount of money every month in exchange for the victim's promise not to sue you.

Posted

You may not have known this when you called the folks who sent you the letter back, but if you have a homeowner's policy, it would likely cover it the costs of defending you and settling the claim.

If you don't have a policy and really have no money to hire a lawyer, then consider the options that Ms. Kadetskaya and Mr. Lassen have provided.

Posted

If you cannot get a pro bono lawyer, you need to try and resolve this with a payment plan. Your other option would be to consider bankruptcy.

Posted

Likely not. Under Florida law most homeowners have a homestead exemption which can not be attached by creditors. I suspect once the injured person's attorney discovers you have no insurance or any assets that could be used to satisfy a judgment they will simply go away. Worse case situation may require you to file bankruptcy and you would still likely keep your home in that case as well.

This response is to provide general legal information and does not constitute legal advice nor should it be considered or viewed as forming any sort of attorney-client relationship and such information provided is viewable by the general public.

Posted

In Florida there generally is strict liability for dog bite incidents. Do you own a home, but do not have homeowners insurance? It is unwise to have a home with no insurance on it. Homeowners insurance will pay for fire damage, as well as for your own personal liability.

If you are sued in court, it will be desirable for you to hire a civil defense attorney to defend you.

If you don't have homeowners insurance, I suggest you speak with an independent insurance agent ASAP and secure some. It will not protect you for the past bite, but can give you some peace of mind for the future. Make sure that any policy you purchase provides for dog bite coverage. Many do not.

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.

Posted

It's very odd for you to own a home but have no homeowners ins. Go buy some asap. Your homestead is generally protected under Fl. law. however they can sue you and seek a judgment for damages caused by the bite. You would need to hire an attorney to defend you in that case. You could then try to work out some form of settlement. Ultimately, if they get a Judgment against you they could take steps to collect however, again so long as the house is your "homestead", it is exempt.

Christopher Robert Dillingham II

Christopher Robert Dillingham II

Posted

Michael, long time, no negotiating! I haven't heard your name since I left Progressive in 2012!

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