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2 Answers | Asked in Personal Injury for Florida on
Q: Me and my uncle was in store he was having an medical emergency i had to ask clerk 10 times to call 911 so i had to ask

Ask another costumer to please go and grab my phone from my car

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answered on Mar 20, 2023

It all depends on the type of store and their duty to you. If someone had a medical emergency in a pharmacy and the pharmacist did nothing, there may be a reasonable expectation that they should be able to help and failed to do so. It may also depend on what the store did prior to prepare for a... View More

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1 Answer | Asked in Family Law and Small Claims on
Q: Am I entitled to my father's insurance?

My late father passed away when I was around 14. I'm 23 and I never received any information about my father's life insurance. I don't even know what to do about it.

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answered on Mar 16, 2023

Sorry about the loss of your father. It's challenging to find lost life insurance policies, though not impossible. You can check the unclaimed funds in any State your father may have lived in and see if his name or your name appears. There are also services that can help locate lost policies.... View More

5 Answers | Asked in Consumer Law and Contracts for California on
Q: Will an unused Life Insurance Policy expire without monetary value? The company says it can't even be surrendered.

The policy is set to expire 3/20/23. It was purchased in 1981 and was never in arrears.

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answered on Mar 16, 2023

I concur with my colleagues. A term policy is generally for a term, meaning when the term expires you get nothing. The policy would have applied had the event (i.e., death) occurred during the term. Once the term expires, the policy generally has no more value and terminates. Some policies will... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Hello, Regarding a medical error claim, I had an attorney tell me that due to tort reform, the damages in our case

would need to exceed the cost of litigating them, in order to file...and he threw out example of $15,000 during our consultation. Is this accurate?

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answered on Mar 20, 2023

Costs to litigate medical error cases could be tens of thousands. It depends on what type of error it is. Generally, a medical malpractice case could cost quite a bit. That makes it more difficult to bring cases without significant damages unfortunately.

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4 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: Could you tell me what this means regarding my MSJ?

The Court is respectfully denying the relief sought as a matter of law. The parties are asked to confer on an order for submission to the Court through the order portal in CourtMap for review and consideration.

What does this mean? Thank you

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answered on Mar 20, 2023

The question is a bit ambiguous. It could be read as the court is denying the relief in the Complaint as sought, or the court is denying the relief sought in the Motion for Summary Judgment. We'd need more information on what the court said to provide a better answer.

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5 Answers | Asked in Personal Injury for Florida on
Q: Can I file a lawsuit against the company who's driver rear-ended the car that rear-ended me?

I was rear-ended in my car at a stop light last week. Neck and lower back are still bothering me. The car behind me was rear-end much worse by the semi-truck that hit them. I am in Florida

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answered on Apr 15, 2021

Hi - Yes. You should be able to file a claim against any vehicle or owner who caused or contributed to the accident or your injuries. Time may be of the essence as far as medical treatment goes, as any delay in treatment could impact how your medical bills get paid.

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1 Answer | Asked in Insurance Defense on
Q: Life insurance

I applied for my mother life insurance which she's aware of this but I'm paying this each month, what would I need to do

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answered on Oct 17, 2019

You should check with the insurance company to see what their requirements are. Usually, the policy or application set forth what you need to do. They may have to list her as the insured, and could require her to sign something, but that's up to the insurance company.

1 Answer | Asked in Personal Injury for Florida on
Q: I dated a chiropractor that is treating a woman who is suing me for personal injury, is this a conflict of interest?

The chiropractor knows me and knows the name of my business and yet went ahead and treated her and now is trying to get a crazy amount of money for treatment for life, when the emergency room said there was nothing wrong with her. I need to know if this is a conflict of interest?

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answered on Jan 15, 2019

This may raise an issue of credibility for the doctor if the case ever went to trial. The doctor may be subject to cross examination if he/she was brought in to trial to testify against you. It does not mean the person is not hurt per se, as injuries could manifest weeks after the accident.

3 Answers | Asked in Products Liability for New York on
Q: I never received a recall notice in the mail and then was injured as a result of not fixing the issue with my car. Can I

still sue over this?

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answered on Jan 15, 2019

Short answer is that it depends. Often, the recall notice does not impact whether they are responsible. Many states still allow you to bring a claim under product liability law and hold the manufacturer strictly liable. However, there are limitations as to when you can bring a claim, so you should... View More

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4 Answers | Asked in Products Liability for Florida on
Q: What's the difference between strict and regular liability for products liability cases?
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answered on Jan 15, 2019

Generally, Florida subscribes to strict liability for product liability cases. To give a fair answer, we may need to know more about the facts as to what concerns you or gives rise to the question here.

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2 Answers | Asked in Car Accidents for Florida on
Q: Can a uninsured motorcycle driver get a rental if they are not at fault but the other party is?

I was involved in a motorcycle accident where they were cited for being at fault. They have insurance, I do not. Is it possible for me to get a rental, as i have no vehicle, and the motorcycle is totaled?

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answered on Aug 26, 2018

Yes it is possible. Oftentimes, if liability is not an issue, the adjuster for the at-fault party may authorize a rental and pay it directly. However, if the vehicle is totaled, they may either not pay you for a rental, or could authorize a short rental term while they are negotiating with you or... View More

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Great-grandmas estate sold for $136k in FL. 1:4 benef.; her son, grandson, me and my brother. How much will I receive?
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answered on Aug 23, 2018

We would need more information to know how much you would get. We don't know if there are creditors, attorneys' fees, costs, how the property was titled, what the estate documents if any say, etc. Once an asset is available to an estate, there is an order of payment we would need to look... View More

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Florida on
Q: Can new evidence be introduced at mediation or no?

I have mediation soon and want to know if it's possible to introduce new evidence in the form of a video recording at mediation in an effort to help improve my case or does all evidence have to be entered into evidence before mediation so that the opposition can have time view it?

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answered on Aug 23, 2018

If it is mediation, you may be able to still introduce additional evidence, since mediation is confidential and for purposes of settlement typically. As to whether you can actually use the evidence if the case proceeded to trial, it depends on the case, and the status of it. If you want the other... View More

2 Answers | Asked in Wrongful Death for Florida on
Q: What's the statute of limitations for bringing a wrongful death suit in Florida?
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answered on Aug 23, 2018

I agree with my colleague. I would also add that the time may be limited further if the at-fault party is a federal or state government entity, which may also have pre-suit requirements. If the defendant is a cruise line, the statute of limitations may only be 1 year. It is definitely best to get... View More

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