Cape Coral, FL asked in Car Accidents and Personal Injury for Florida

Q: Can a personal injury case be filed in Florida if a case was already settled but only PIP from both ins was received?

The responsible party’s PIP was received, my PIP was fought for (only to be finally given the full amount due to a surgery being deemed necessary), but then my case was settled by my attorney. No further compensation was fought for or received. I had to have more surgeries after that and haven’t been able to return to work since just before the first surgery which was almost 3 years ago. I’ve read that I could/should be compensated for lost wages, pain & suffering, medical bills & so on. Any information would be greatly appreciated!!

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: No, if it was settled you cannot recover twice.

Charles M.  Baron
Charles M. Baron
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You inquiry is a bit vague regarding the phrase "settled by my attorney". If you mean settled your entire case including completely releasing the wrongdoer from liability, and you signed off on that, then you're done. If you mean settled the PIP issue ONLY, then you can still make a claim, and bring suit if necessary, for unpaid medical bills, pain & suffering, and lost wages. Your inquiry is a bit mystifying because your attorney should have communicated to you what type of settlement you had, and you should have been aware of what you were signing (if you did sign). If, somehow, the wool was pulled over your eyes, you should have an attorney review the matter (which would cost you reasonable fees).

1 user found this answer helpful

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