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Questions Answered by Charles M. Baron
1 Answer | Asked in Personal Injury and Banking for Florida on
Q: How do I open a bank account when I'm in the hospital and not fit enough to physically do it?

I'm asking this for my girlfriend (It's a distant relationship, she is from the US and I'm from Germany ) because we need the inheritance money that she got from her father to pay for medical expenses (a lawyer already handled the money, she just needs to open the account).

Charles M.  Baron
Charles M. Baron
answered on Feb 7, 2023

One option is to execute (sign with formalities) a Power of Attorney giving your girlfriend the power to open an account in your name. It's unclear from your post whether you are currently in Germany. If you are, and the account needs to be opened in Florida, you'd need to have the... Read more »

1 Answer | Asked in Products Liability, Business Law and Car Accidents for Florida on
Q: what If a company try to get the excess policy as required but the insurers do not offer said coverage anymore

but those insurers do work with similar transportation, TNC, cabs companies

Charles M.  Baron
Charles M. Baron
answered on Feb 7, 2023

You inquiry is too vague. I suggest you re-post your inquiry with more specifics, such as exactly who is requiring what (but not naming names), indicating what type of business needs what type of coverage, for what activity, and the source of whatever requirement you're talking about (such as... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: Can I request a bond from the person suing me for unjust enrichment and equitable lien?

My bitter ex is countersuing me after kicking him out of the house I solely own. He has no justification or proof of his claims. After 6 years, he placed a Lis Pendens on my property in December and we were just awarded a Lis Pendens bond, which he will not be able to acquire and the Lis Pendens... Read more »

Charles M.  Baron
Charles M. Baron
answered on Feb 4, 2023

Interesting issue, but your post is very puzzling. If your ex is suing you with counts of unjust enrichment and equitable lien, I imagine he has an attorney either representing him or advising him (if he's not an attorney himself), and if so, how can he afford that if he has no income or... Read more »

1 Answer | Asked in Land Use & Zoning, Libel & Slander, Real Estate Law and Tax Law for Florida on
Q: Can I do a counter claim against the personal rep over a Estate ?

My Aunt ( Linda ) passed away with NO kids or husband, her mother was alive (at the time) Linda, had no Will, in Polk County. Therefore I was told this estate rolled into my grandmothers Estate ( Marcele ) in Hillsbrough County. My Uncle ( Joseph ) told me that I did not have to worry that all I... Read more »

Charles M.  Baron
Charles M. Baron
answered on Feb 4, 2023

The advice that you need is obtained by scheduling a consultation with a probate attorney. If you have inheritance rights that are being disregarded, you may contest the probate case. Act quickly.

1 Answer | Asked in Car Accidents and Contracts for Florida on
Q: Is it legal to list a fictitious address on car insurance?

Separated from husband, he just had to get new car insurance due to his accidents. He has listed a friends address as to where my vehicle is being kept., Is that legal or should I call the insurance company?

Charles M.  Baron
Charles M. Baron
answered on Feb 3, 2023

That is a matter of the terms of agreement with the insurance company, and those terms are contained in the written policy. If the address listed for the vehicle is not the correct address, that most likely violates the policy, subjecting the policyholder to cancellation of the policy. So... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Is a contract my wife signed legally binding?

In April of 2022 my wife took our dog to a kennel we had been to before. It was apparently under new ownership and they required a release to be signed. My wife did not read the document before signing and our dog was allegedly involved in an altercation with another dog, who was injured and... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 31, 2023

To determine whether a document is a legally binding contract, you must show it to an attorney. This sounds like an indemnification agreement that requires your wife to indemnify (compensate) the kennel if it's sued by the third party. A "release" by your wife would release the... Read more »

1 Answer | Asked in Personal Injury, Communications Law and Libel & Slander for Florida on
Q: Can another lawyer post things about your case & bash you on social media if they're not your lawyer or on the case ?

There's a Facebook group where there is two Florida lawyers are talking about my case to members of it. They're posting screenshots from pacer about the lawsuit against me and making fun of me when they have no information on this matter, and I haven't been able to prove my... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 30, 2023

You actually raise a couple different issues here. 1. Can Court documents available on PACER lawfully be disclosed on social media? Yes, because they're public records, and the fact that the discloser is a lawyer who is not on your case is irrelevant. 2. Can someone lawfully make fun of you... Read more »

1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for Florida on
Q: Can a 617 Board Member Post about the Affairs Of the Corporation on a Website That Is Not Administered By the Board

Former and Current Board Members Are Posting on Web Sites [NOT ADMINISTERED BY THE BOARD] about the Corporation Internal Affairs, Including, but Not Limited to []- NEXTDOOR []- ORLANDO TRILOGY RESIDENTS (CASCADES/GROVELAND RESIDENTS, PAST AND PRESENT) []- OFFICIAL CASCADES OF GROVELAND RESIDENTS... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Interesting issue, which I don't have expertise in, but my somewhat-educated guess is: Regarding the issue of disclosure itself, without regard to whether it causes damage to the corporation, the answer to your question may depend on whether your corporation has a written confidentiality... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Elder Law for Florida on
Q: If a sonis trying to take all the money from his mother, who was recently widowed, and the son and her were buying a hom

The house was only titled in his name without authorization. Is there any repercussions that the mother has to get her money back

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Mother needs to consult a lawyer who handles real estate litigation in her area to see if she has grounds for legal action, such as a lawsuit to quiet title.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 28, 2023

You have potential claims against the arresting officer and his/her employer if your criminal case had any of the following outcomes: No Information, Nolle Prosse (or Nolle Prosequi), Dismissal by the Court, or Acquittal (not guilty verdict) by the Court. If you entered a no contest (or nolo... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My wife was in accident not her fault & settlement is 25k 8,333 att fee 521 cost 5,223. Med Net 10,900

Is this normal?

Charles M.  Baron
Charles M. Baron
answered on Jan 27, 2023

I think you're asking if the disbursement amounts are normal, rather than asking if the gross settlement amount of $25K is normal. Either way, a lawyer would have to review the matter to tell you if the dollar amounts are as they should be. Regarding disbursements, GENERALLY: (A) the... Read more »

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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: My insurance has comprehensive coverage which covers flooded cars. My adjuster is claiming that it wasn’t flooded.

My insurance adjuster called me today asking me really detailed questions that I’ve already answered before and asking me things he should’ve been asking a mechanic. My mechanic stated that the car was a total loss due to flood after several diagnostics and my adjuster ignored him and stated he... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 26, 2023

There are good and bad insurance companies, and the bad ones routinely deny valid claims and/or are extremely stingy because they figure their resulting higher profits will outweigh the losses caused by lawsuits. When an insurance company has no rational basis for its denial or stingy offer,... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can an employer ask you to resign after you tell them you have cancer?? **& your also pregnant?

My neice inlaw is 26, she's 9 mo.s pregnant and has just been diagnosed with stage 2 breast cancer, her plan was to return to work as a teacher after 3 mo's. When she told her employer (a very highly prestigious private school in pbg, fl) that she may need a double masectomy, they asked... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 24, 2023

Whether your niece can take legal action on the issue of separating from the school depends on what she means by "they asked her to resign." Does it mean that they basically asked if she'd be WILLING to resign, with her having the option of saying, "No, I want to return to work... Read more »

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1 Answer | Asked in Wrongful Death, Elder Law and Medical Malpractice for Florida on
Q: how can i help my lawyer get health records from a small living facility that wont give up my deceased fathers records.

it has been a year now. my father was only in her facility for one month. lawyer says they can not subpoena the owner because we are not in litigation. What can i do to help my lawyer retrieve the records.

Charles M.  Baron
Charles M. Baron
answered on Jan 23, 2023

I hope you get a useful answer on this forum, but if don't, the type of lawyer you need to look for to obtain another opinion depends on the reason you wish to obtain the records. If you suspect medical malpractice, contact a lawyer specializing in that area. If you want the records for some... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Client asks for a refund even though contract says no refunds

A private personal training client wants a refund on their contract for something I have no control over. They are not interested in a virtual training option and when asked for feedback, they had no complaints about me/my programs/my guidance that I’d already given them. They asked for a refund... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 23, 2023

Generally, if there's a no-refund contract clause, and the provider has provided contracted-for services (clearly spelled out in the contract), the no-refund clause would probably hold up in court if the provider is sued - IF the provider has not engaged in deceptive or fraudulent conduct... Read more »

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Florida on
Q: Trying to contact owner of abandoned vehicle or begin process of claiming said vehicle if no response.

So I asked this question prior and it was removed so I have no idea why. I found an abandoned vehicle in a parking lot that I frequent. The vehicle is clearly abandoned and it’s down bad. Tags are many years expired, I contacted police and they said it’s not their problem. I’d like to contact... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 21, 2023

Since the vehicle is on private land, that landowner possesses the vehicle. The statutory procedures for acquiring title to abandoned property (including vehicles) would help you only if the vehicle were on public land. See Florida Statutes Chapter 705 at:... Read more »

1 Answer | Asked in Civil Litigation, Public Benefits and Health Care Law for Florida on
Q: Can psych offices legally agree to one contract rate with one insurance company then submit secondary claims to Medicare

Situation: Psychiatric Office has an agreed upon contracted rate with my wife’s insurance company for $81 a visit (she also uses the same office) they primary insurance company tells them to not collect anything else from the patient (no copay) THEN the office submits a claim to Medicare (even... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 21, 2023

That office might be a Medicare fraudster (engaging in crimes), or this could be legitimate under the insurance policy and Medicare rules. You should first ask the office (in a friendly way) for its explanation for their billings, and if the explanation doesn't make sense, tell them so and... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: Hello, I’m wondering if the fourth amendment protects me as a student and which scenarios it does/doesn’t. Thanks.

I currently go to a public school so I would like to know how to applies to public schools (and possibly private if you would like to answer that as well).

Charles M.  Baron
Charles M. Baron
answered on Jan 18, 2023

Depends which part of the Fourth you mean. Certainly probable cause is required to charge anyone with a crime, whether adult or juvenile. Searching is another matter, though, because the school is "in loco parentis" (standing in the shoes of the parents) with regard to many aspects of... Read more »

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: I am a 1099 contractor a company I subcontracted for is now trying to sue me.

A company I worked with has filed a lawsuit against me saying I owe them 50,000 dollars, as well as asking for alot of other information. I don’t have any money how do I get help with this?

Charles M.  Baron
Charles M. Baron
answered on Jan 16, 2023

Are you an individual contractor, or you have a corporate or LLC entity? If you have an entity that is officially the contractor, you are required to have an attorney represent the entity in any court above small claims court, and if you don't have an attorney, the plaintiff will quickly... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: A contractor, hired by developer who built my home, injured me, the homeowner. Who is liable for my medical expenses?

The accident occurred due to negligence on their part. I had to go to the ER and get tests done. The person than handles billing at the hospital recommended we put the company’s name as the payer, and to not put my insurance on file, so they wouldn’t go after that. She said we’ll get a bill... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 16, 2023

Both the contractor and the developer are potentially liable - not only for medical bills, but also for pain and suffering damages and any economic losses beyond medical bills. Therefore, if I were you, I'd seek a free consultation with a personal injury attorney in your area to get an... Read more »

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