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Questions Answered by Leland E. Garvin
2 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on
Q: In the state of Florida how long do I have to file for any kind of claim/alternative negligence,malpractice etc?
Leland E. Garvin
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Leland E. Garvin
answered on Oct 9, 2021

Generally speaking, you have 2 years from the negligent act or 2 years from when it was discovered (or should have been discovered w/ due diligence). For medical negligence, there is a max of 4 years (with some exceptions that are listed in Florida Statute 95.11.

I would suggest a Google...
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1 Answer | Asked in Medical Malpractice for Florida on
Q: Hello, I was wondering if there was a way to determine if any attorneys have had cases involving a certain individual?

This is regarding a physician whose actions could have quite easily gotten a family member killed due to negligence. We have already filed complaints with the hospital, but I was wondering where to look if I wanted to see potential cases where other individuals were not satisfied with the level of... View More

Leland E. Garvin
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Leland E. Garvin
answered on Dec 15, 2020

Sorry to hear about this. I would suggest doing a search of the clerk of court in the county where the physician practices using their name. Additionally, you could go to the Florida Department of Health website and do a search for adverse incidents. I would share a link but the website won't... View More

3 Answers | Asked in Car Accidents for Florida on
Q: I was hit by another car and come to find out my ins was canceled and I didn’t know it what happens now?

I wasn’t in pain when it happened but I am now do I still get checked out even though I have no insurance and live in a no fault state?? Or how does it work?

Leland E. Garvin
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Leland E. Garvin
answered on Sep 17, 2020

If the other party was found to be at fault (or mostly at fault) then the fact that you don't have insurance wont prevent you from bringing a claim against them.

As it relates to being in a no-fault state that also won't prevent you from bringing a claim so long as a medical...
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3 Answers | Asked in Personal Injury for Florida on
Q: I was hit by an 18wheeler
Leland E. Garvin
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Leland E. Garvin
answered on Jul 14, 2020

This sounds particularly painful. Please let us know more about your injuries and who caused them and we could likely provide a better answer. Please be aware that these cases are heavily defended and representatives of the 18 wheeler are likely gathering evidence as we speak; as a result time is... View More

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5 Answers | Asked in Car Accidents and Wrongful Death for Florida on
Q: What can a widow and child collect for death of husband and father who was killed in a car accident

Car made illegal Uturn in path motorcycle

Leland E. Garvin
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Leland E. Garvin
answered on Mar 15, 2019

Sorry to hear of this recent tragedy; 2019 is turning out to be a particularly deadly year on our roadways..

Under Florida law the surviving spouse may recover the loss of "companionship and protection" as well as mental pain and suffering, loss of support and services, future...
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3 Answers | Asked in Car Accidents for Florida on
Q: I was in a accident with uber who should i talk to a lawyer or they're insurance adjuster?
Leland E. Garvin
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Leland E. Garvin
answered on Dec 21, 2017

Yes I agree with David, I would speak with an attorney in the event you are injured. Remember that you have only 14 days from the date of the crash to seek medical treatment under your PIP insurance or you will face a reduction in available PIP coverage. If you aren't hurt then you can likely... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: We were rear ended by a driver doing 80while he was texting, we both have injuries and have settled with his ins carrier

Our atty has stated that he cannot give the settlement funds to us until we have settled with our ins company under our UM coverage. Also that we cannot go after the driver personally does this sound right.

Leland E. Garvin
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Leland E. Garvin
answered on Jun 12, 2017

It sounds mostly correct... You must have the permission of your UM carrier to accept the money from the person who hit you or you risk invalidating your UM policy. If you are to accept the money from the other drivers insurance company then that insurance company will most likely require that you... View More

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5 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: What if I was rear ended and was found not at fault.

What would be my option in a settlement for future medical problems? Should I release any future responsibility for medical problems for a settlement of 10,000? I have 2 herniated disc and 7 bulging disc in my neck and back.

Leland E. Garvin
PREMIUM
Leland E. Garvin
answered on May 23, 2017

I agree with the other lawyers who previously answered this question; If there was only $10,000.00 in available coverage and you did not have UM insurance and the driver (or vehicle owner) has no assets to speak of then maybe taking the 10k is not a bad idea but I would definitely contact an... View More

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