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socrateaser
socrateaser, Attorney
Category: Personal Injury Law
Satisfied Customers: 37972
Experience:  Retired (mostly)
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My daughter had a slip and fall at our rental. The LL was

Customer Question

My daughter had a slip and fall at our rental. The LL was notified about the entranceway needing repairs a month before accident. LL never did anything. My daughter injured her back. She was in PT 12 times. I got a lawyer but after 6 months I was told my lawyer the LL dosen't have insurance. I was advised to either talk to LL about working reducing or eliminating my rent until June 2016 (I'm Moving to out of state in June). OR take LL to small claims. The medical bills are about 6K and her insurance paid it. I spoke with the LL and mentioned about rent and she said she will discuss it with her sister who is co- LL. I wanted to know if the bills have been paid what should I ask for in pain and suffering for my daughter. This way when LL gets back to me I can properly negotiate with her
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  socrateaser replied 1 year ago.

Hello,

Florida recognizes what is known as the "collateral source doctrine," which prohibits recovery of damages for bills paid by insurance -- but only for injuries arising out of the operation of a motor vehicle.

Your damages in small claims are exactly equal to the health care costs paid by insurance. Florida small claims maximum recovery is $5,000, so even if your bills are $6,000, you can only recover $5,000 in small claims. But, if you can prove those bills were paid by your insurer/health care plan, then you are entitled to the recovery.

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