Alford, FL Personal Injury Law Firms & Lawyers

When you say "sue" you are talking about filing a Complaint in Superior (or Small Claims Court up to $10,000)? Superior Court is too expensive, complicated and time-consuming. You would fill out online a Small Claims Court Complaint BUT, it may be too late if a year has passed. Renters' insurance must have gotten you to sign a release so, on that score, you have no claim. And a judge would need hard evidence for your claim which is really subjective and speculative anyway. Anyway, you don't get "pain and suffering" money unless it is part of a physical injury claim. It would cost you only a forty-four cent postage stamp to write neatly and coherently to the insurance company saying you want whatever for pain and suffering.

Sounds like you picked a surgeon that the lawyer did not send you to and made a mess of the claim.  Common sense would have dictated not getting surgery that exceeded the insurance coverage until after the settlement. You need to sit down with the lawyer and sort this out.

Your insurance company would not have settled with the injured party without obtaining a full and complete release for you. The wording of the release, without actually seeing the release, sounds to me that it releases only YOU and not someone else who might have been responsible for causing the injuries.