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Florida Personal Injury Questions & Answers
0 Answers | Asked in Personal Injury for Florida on
Q: IN FLORIDA i "won" my PI case and 3 causes for sanctions. NOW the defendant is offering 50K more or threatening to appeI

I do not accept the offer and asked my attorney to submit the 3 sanctions, he stated "They will file the notice of appeal next week and we will see how it goes" QUESTION, DONT I HAVE THE RIGHT TO SUBMIT THE 3 SANCTIONS? The first one is because we offered a settlement a year before our... View More

1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for Florida on
Q: Need citation precedent establishing that a pharmacy negligence governed by 3-4 years Statute of limitations in Florida

A chain pharmacy dispensed a prescription medication with the wrong dosage that resulted in permanent heart injury. My former lawyer told me it's a personal injury case governed by 3-4 years Statute of limitations. I need a precedent case law establishing that a pharmacy negligence incident... View More

Charles M.  Baron
Charles M. Baron
answered on May 15, 2024

Sorry to hear about your ordeal. There's no such thing as a "3-4 years statute of limitations" for any kind of claim. Was your former lawyer guessing that the limitations period would be somewhere between 3 and 4 years, being not sure if it was 3 or 4? The limitations period for a... View More

1 Answer | Asked in Contracts, Personal Injury, Insurance Bad Faith and Legal Malpractice for Florida on
Q: I have a roof claim that was settled through mediation in Jan, it is now May with no release or money, what can I do?

My attorney claims he has been "hounding" the insurance company, the insurance company tells me they have not received payment instructions, my attorney says he sent them. Lots of finger-pointing while my family and I are being financially harmed because we can't get homeowner's... View More

Joel Gary Selik
Joel Gary Selik
answered on May 10, 2024

What you are going through is not uncommon. I now add to agreements a date certain, where possible. Your attorney can threaten to pull the settlement or make a motion to enforce.

5 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: HEEEEELP!!! I am an anxious wreck. Being sued for a minor car accident driver claims bodily injury

I am an anxious wreck. I got into a minor accident. Police report stated that it was less than $5000 and that there were no injuries. Now the other driver is suing me for $80,000 my coverage is $100,000. I am so scared that this will ruin my life. My insurance company All state is paying for... View More

John Michael Frick
John Michael Frick
answered on May 9, 2024

This is exactly why it is important to have insurance. Let Allstate, and the attorneys it has hired and is paying, defend you. As long as you cooperate with your attorney's reasonable requests for information and cooperation, you should be in good hands.

Motor vehicle accident...
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3 Answers | Asked in Personal Injury for Florida on
Q: Can I relinquish my lawyer without penalty?

In a car accident case where a lawsuit has not been filed, can I relinquish my lawyer and come to an agreed settlement amount with my insurance company myself? Is there any penalty for this if I don’t want to sue?

Charles M.  Baron
Charles M. Baron
answered on May 7, 2024

You always have a right to fire your lawyer, but there likely is a big downside for doing so in your situation. See your retainer agreement. It probably indicates that if you terminate the representation any time after the first 3 business days, you are obligated to the firm for fees incurred,... View More

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2 Answers | Asked in Personal Injury for Florida on
Q: My fiancé's accident lawyer is telling him he needs a criminal defense attorney. The accident was caused by other driver

The accident attorney told him this after he was told that my fiance got paperwork from at fault drivers lawyer

Charles M.  Baron
Charles M. Baron
answered on May 1, 2024

You didn't ask a question. Is your question, "How does my fiancé find a criminal defense attorney?" One way is by using the Find a Lawyer tab at the top of this page. Another way is by contacting the Florida Bar Lawyer Referral Service. Another is by simply doing an online... View More

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0 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Can I sue my Primary care physician for Malpractice or Negligence? What are my options?

I have been a new patient with the Doctor since January 2024. It's not been easy to get the necessary referrals to the specialists I needed because he would rather handle it himself. I'm suffering from bad gut bacteria & he placed me on the FODMAP Diet but restricted where most of... View More

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out

I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out of work for 10 months, but now, six months after separating from the company, I have a significant lump where the surgery was performed, and the pain has returned. Since I no... View More

Angelo "Tony" Marino Jr.
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answered on Apr 15, 2024

The answer depends on a lot of factors. There are too many to list here. There is a 2-year statute of limitations to file a workers' compensation claim. Therefore, it is important to determine if your claim is still viable after 5 years. You need to determine if your case is still open or... View More

3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 2, 2024

A school has a legal duty to make sure their premises is safe for students that attend. If the school was on actual/constructive notice that a rattlesnake was crawling around the property, (and failed to take corrective action), then the school would be liable. This would depend on the unique facts... View More

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2 Answers | Asked in Legal Malpractice and Personal Injury for Florida on
Q: Can I sue for legal malpractice if my attorney accepts an offer without my consent and/or negligence?
Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

If your attorney accepts a settlement offer without your consent, your first move should be to determine if the settlement can be revoked, either with the opposing party's consent or instead via a motion to the Court. First speak to your attorney who's been representing you in the case... View More

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1 Answer | Asked in Consumer Law, Personal Injury, Real Estate Law and Elder Law for Florida on
Q: Checked into a hotel after major surgery on my foot and now I'm being told I have to move rooms every 21 days

I moved into this hotel after major surgery on my foot because of medications that I was going to be on and didn't think it was safe for me to be alone at home I ended up staying here because I lost my apartment and so now they're making me move every 21 days and I have pins and screws in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2024

A hotel is not a rehabilitative facility. Nobody knows what this lease says; you need to take it to a lawyer.

1 Answer | Asked in Products Liability and Personal Injury for Florida on
Q: I used Stinger Detox last month and now I have a skin rash? this product contains Red 40 so i need some legal help

I purchased the procduct on Amazon and we I contacted me they suggested that I throw the product in the trash. This rash has been present since I took the product for the first time February. Could someone call me to discuss my next steps please?

Thank you

Tim Akpinar
Tim Akpinar
answered on Apr 5, 2024

A Florida attorney could advise best, but your question remains open for two weeks. You ask for someone to call you. No one here can call you. There is no attorney solicitation here, as in attorney referral sites - things are limited to a short Q & A format here. You'd need to reach out to... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Florida on
Q: I replied to claim in a civil case with answer & affirmativedefenses to deny all claims. Opposing council wants to talk

The opposing council has not replied to my answer and affirmative defense yet and has not filed any pre-trial motions to the court either. I believe they have 20 days to reply to my affirmative defenses with a reply. However the council is requesting a phone call separately via email to discuss my... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 19, 2024

How many times are.you going to.ask basically the same question? The answer is no, he doesn't have to do any of those things and you are not required to.talk to him.

1 Answer | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: I do not speak fluent English & require an interpreter. What do I do if opposing attorney wants conference call?

I cannot have a conversation as defendant with plaintiff opposing council as I do not understand English in full or legal terminology spoken in English at all. The opposing attorney is aware of this and I cannot afford attorney and cannot fine any lawyer to help me who is bilingual based on small... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 19, 2024

You can file anything you like, but the conversation with the attorney is not part of a court proceeding, and the Court is not going to order an interpreter. You can ask the Court for an interpreter for a Court hearing. Otherwise, this is your issue that you need to solve. It's not opposing... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Florida on
Q: Is it a valid Premise Liability case in Florida if a alleged dog claim attack did not occur on the rented premises?

Pending lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks. There was no dog attack and no injury to 3rd party alleged in ident off premises. There was no injury and claims full of lies and no evidence. Landlord already dismissed from this... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

You state that this is a "lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks." If there happens to be evidence to support that claim (including the alleged injury), it may be a valid claim regardless of whether a co-defendant is... View More

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

I agree with Mr. Kaufman except would add but that for issues in which the Court requires an effort to confer in good faith before attending a hearing, if the opposing attorney were to tell the Judge that he requested to confer with you, and you refused to speak to him, the Judge will probably not... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Circumcision Consent Form did not specify risk of death.

My mother consented to have me circumcised as a baby, later down the line at age 24 I realize I was circumcised, an entire 24 years not knowing that I was circumcised, can I file a lawsuit against the doctor or hospital? The consent form did not specify "risk of death," had my mother... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 16, 2024

Did you die from the operation? Did your mother know that there is a risk of death in any operation? If the answer to the first question is no, and the answer to the second question is yes, there are no damages and you don't have a right to sue, whether or not the SOL has tolled.

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1 Answer | Asked in Personal Injury for Florida on
Q: Circumcision Consent Form did not specify risk of death.

My mother consented to have me circumcised as a baby, later down the line at age 24 I realize I was circumcised, an entire 24 years not knowing that I was circumcised, can I file a lawsuit against the doctor or hospital? The consent form did not specify "risk of death," had my mother... View More

Yana Kurzman
Yana Kurzman
answered on Mar 16, 2024

While I empathize with your situation, you do not have standing to sue for damages, because the circumcision did not result in injury or death. In legal terms, "standing" refers to the legal right to bring a lawsuit.

The fact that you were unaware of the circumcision for 24 years...
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1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Florida on
Q: Does someone have grounds for medical malpractice if the cause of death was not caused by surgery?

The patient had foot surgery, was in a care facility where they were supposed to have physical therapy and heal, stayed longer because of podiatrist's orders, wasn't until patient was taken to next podiatrist appointment that the doctor noticed she wasn't well and they called... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Florida attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of the patient. Based on the brief post, attorneys here could agree with you that closer observation could have been a factor. But the most definitive way to answer your question... View More

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