Civil suit

1 Answers. Asked on Nov 20th, 2013 on Automobile Accidents - Florida
More details to this question:
I was the victim of a hit and run (pedestrian) and the man's insurance only covers up to $10,000 over all. Is there a way to go after this guy personally if so how because my attorney is saying there is nothing else I can do and I have long term documented damage to my rotor cuff and herniation. The guy is a Piolet and owns 2 homes there must be a way, if I get the two surgeries I need it will cost up to $42,000. Now I'm not apposing my attorney I just want to make sure there is nothing else I can do.
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Answered on Nov 21st, 2013 at 1:47 PM

You should speak with your lawyer for clarification. I think the problem is not what you "can do" but rather what is "practical to do." The guy that hit you is responsible for ALL of your damages if it was his fault. However, absent a pile of money or assets that can easily be collected via a judgment, most cases are limited to the amount of insurance coverage the guy has. What I assume your lawyer is trying to explain is that HE will not spend money out of HIS pocket to sue the guy individually because of concerns that there wont be any actual money recovered or the cost and risk of getting it is too high. BY example, you look at a guy with 2 houses and say "he's rich ....he can pay" where as a lawyer, who you are asking to spend thousands or tens of thousands of his own dollars out of pocket to put on a trial, may think "but those houses are in foreclosure and he will simply file bankruptcy" as too high of a risk.

If you truly want the lawyer to file suit, get a judgment for full value, etc., its your right to do that, BUT you may have to fund that litigation, because you DONT have the right to make others spend thier money to do so. Many times, if you are willing to pay the expenses, the lawyer WILL file suit and try your case. The one thing you should consider BEFORE you do this though, is that when a professional won't invest in your case because of concerns about getting value back, you should be equally reluctant and take a hard look at the decision. Much like deciding to bet on a horse your bookie tells you is a bad play vs. betting on a horse your bookie recommends and which he has bet his own personal money.


All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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Automobile Accidents
Automobile accidents can be costly. Depending on your insurance, you may have to pay for some or all of your car repairs, plus the cost to rent an auto while yours is in the shop. And if your car crash was serious, you may also be hit with big medical bills and other expenses. But if the accident was someone else's fault, you may not have to pay for accident-related expenses. Under many states' personal injury laws, the person or company at fault in your accident can be sued for damages. Talk to an experienced automobile accident attorney or personal injury law firm to learn whether you have a valid case against the other driver. Auto accident lawyers can also help you pursue products liability claims against the vehicle manufacturer if your accident was the result of a problem or defect with your motor vehicle.
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