Category Archives: Personal Injury Law and Tort Law

Personal Injury and Tort Laws are broken when an individual harms another due to failure to use reasonable care. Many personal injury cases involve auto or industrial accidents and recovery for damages in such cases may include lost or future earnings, as well as medical expenses.

Release and Indemnity Agreement I was involved in a MVA 8 months ago.

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Release and Indemnity Agreement
I was involved in a MVA 8 months ago. The other driver ran a stop light and hit my car. They were given a citation for the accident and admitted fault. There insurance company has accepted totally fault and liability for the accident including medical expenses. My car was totaled and I have already been compensated for that. I have also reached the point where I am satisfied with the offer from the insurance company to settle medical claims and pain and suffering.

When I received the Release and Indemnity Agreement from the Insurance company there were some paragraphs and statements that I was not comfortable with. One of the paragraphs were stated as if I was releasing the driver and the insured from any liability as well as any fault in the accident.
1. What can I do if I am not satisfied with the Indemnity Agreement? How should I approach the legal department of the insurance company to change the verbage in the agreement?
I would post the Indemnity Agreement, but that exceeds the 1250 limit.

contribution and indemnity cross-complaint in defamation my defendants filed a…

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contribution and indemnity cross-complaint in defamation
my defendants filed a cross-complaint against me for contribution and indemnity in a defamation, intent and negli interference with advantage, intent and negl emotion distress action. I can find no cases where a defendant has utilized a cross on this theory. Any suggestions?

Property Damage Release Wife met with auto accident – both property damage and…

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Property Damage Release
Wife met with auto accident – both property damage and personal injury:
1. Should we wait until we are ready to settle personal injury ? Or can I settle property damage independently of personal injury ?

2. If I want to get the property damage settled first, I want to make sure I am not signing everything they send blindly. They sent the following documents for me to sign:
(i) Bill of sale (it seems like a sale document from us to the insurance company and to be notarized as well)
(ii) Property damage release – this has all sorts of legal wording on it that I want to be careful before signing. Just want to know is it normal. It has wording like ”release, acquit and forever discharge from any and all claims, actions, causes of action, demands, rights, damages,costs, loss of service, expenses and compensation whatsoever … It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim and that the payment is not be construed as an admission of liability on the part of the party .. said release intend merely to avoid litigation and buy peace. To be notarized
(iii)Motor vehicle Power of Attorney/Odometer disclosure form
(iv)original car title to be enclosed

Auto Negligence by purchaser Purchaser and seller of auto executed Bill of…

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Auto Negligence by purchaser
Purchaser and seller of auto executed Bill of Sale, with both signing agreement that Florida title thereto would be transferred at time of completion of payments on 12/2007. Verbal agreement not to drive car until transfer complete was violated, and purchaser experienced heart attack and injured another driver. Isn’t there Florida case law to protect the seller? If so, what is the case cite, please.

I recently bought a car and it turned out to be a lemon so I stopped payment on…

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I recently bought a car and it turned out to be a lemon so I stopped payment on the check. I have talked to the previous owner of the car and let him know and he is willing to re-sell the car. I want to be as fair to them as possible and I don’t know how to go about the title. If I let him sell the car and I make the title out to the new owner am I still legally bound to the car. For instance it was the transmission in the car that is bad if the previous owner sells the car and doesn’t tell the new owner that is is going to come back and bite me in the butt? Or am I clear as long as the bill of sale says “as is”?