Q: I need to file personal injury suit against my insurance because was in auto accident hit by uninsured what form to file
I am 1 month away from 5 years limit. I have been to sick to do anything. There is a primary and secondary both stalling. Primary which has had case 2 months just made very low offer not even covering bills.
Then my secondary which is my insurer didn’t think it was worth much, so I told her
To look at over 20 studies and dr reports so evidently she and team went over my records
And was going to reach out to primary company to say they should pay full amount which isn’t much and then the secondary my insurance can step in and make offer. I have 30 days to file and I can’t wait because I believe both are stalling
A:
You should have contacted a member of the Florida Justice Association. They give free consults.
I can't give you legal advice on Florida pleadings but one way would be to go to your county court law library, ask them to help you look up a recent case involving uninsured motorist law, ask them if they have "Westlaw" which often has the pleadings in a case available, and can they pull the complaint. That should at least serve as a template.
You then need to do whatever is required for service.
Good luck!
A:
It's unclear from your question why you don't have an attorney to take your case - is it because you've unsuccessfully attempted to get a few attorneys to take your case, or simply because you wish to attempt to obtain a recovery without giving a percentage to an attorney? If it's the latter reason, you are being extremely foolish, and you can easily lose your case on technicalities that only attorneys know about. If it's the former reason, you need to obtain advice as to whether you have good factors that make it a worthwhile case and that puts you at little or no risk of losing plus getting hit for court costs (and possibly attorney's fees) that could be awarded to the other side. If it is worthwhile, you would either be able to get an attorney to file this case for you, or to take the case after you have filed it yourself.
For filing it yourself, I agree with Mr. Munsing that you should look for a template pleading that you would work with by re-writing with your own facts of the case - because THERE IS NO FORM that you can simply fill out and file!! Perhaps the Clerk of the Court can guide you on finding another one of these cases that have been filed, and you could then see the PDF complaint in that case. Perhaps the Court law librarian can direct you to a resource that contains sample pleadings.
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