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?
answered on Mar 20, 2023
The costs can vary, of course, but the figure quoted to you by counsel mention is a reasonably accurate response. Quite frankly, most medical malpractice cases cost far more than this figure, especially in litigation.
"Tort reform" laws on the books -- and several more pending... Read more »
Obviously I will pursue the driver of the cart for his negligence but do I have a case against the golf courses as the accident happened on their property with their equipment.
answered on Jan 19, 2023
You may have such a claim. The facts/details, of course, are the key. If the golf cart was owned by the club, versus the operator, then there may be liability against the club. There may be other factors which could lead to the club's liability.
as we got an settlement after paying bills didn't have much left we lived in calf at the time last year
answered on Sep 5, 2019
If a Florida accident and insurance policy, then your PIP does not get reimbursed (unless you had a deductible which wasn't paid) but Medical Payments (also known as MedPay) does get reimbursed unless waived.
If your policy was issued in another State, then different law and policy... Read more »
Or his children?
answered on Jul 17, 2019
If a lawsuit is pending in court and the plaintiff dies, then a Suggestion of Death is filed, an estate created in the Probate Court, and the Estate is then substituted in for the deceased plaintiff.
Only an Estate is legally recognized to proceed as a party under FL law. The Estate is... Read more »
My question is.. My dad was married, but separated for close to or over a decade or so... His wife claims to have no time or wanted to take time to deal with his funeral arrangements with cost or anything...
Does Florida law prevent his kids from being in first control of everything when... Read more »
answered on Jul 16, 2019
Sorry to hear of your loss.
An adult survivor, including child over the age of 18, who otherwise meets the requirements under Florida, can be a Personal Representative of the Estate. Consult a probate lawyer about next steps.
Please note that while your dad was... Read more »
Car made illegal Uturn in path motorcycle
answered on Mar 15, 2019
So sorry to hear about this tragedy. My heartfelt condolences to your family.
Florida's Wrongful Death Statute (and court decisions interpreting the statute) provides for the following damages:
Widow's Damages -
1. Loss of Decedent's Companionship and... Read more »
answered on Mar 3, 2019
So sorry for your loss. Not sure what this question is really asking, but under Florida law, there is two (2) year statute of limitations on wrongful death claims. See Fla. Stat. 95.11(4)(d).
answered on Dec 27, 2018
So sorry to hear of your huge loss. Just terrible.
If medical malpractice caused the death, then this would be a wrongful death claim. There are several steps in investigating and pursuing such claims, from creating an estate in probate to consulting an experienced personal injury lawyer... Read more »
wrongful death claim or do I have to wait until the criminal matter is resolved?
answered on Nov 26, 2018
So sorry to hear about your loss.
Yes, one may proceed with a wrongful death claim while a criminal charge is pending. The person who brings the claim must be appointed as Personal Representative (PR) of the Estate by the probate court. Only the PR is authorized to pursue claims, settle... Read more »
Options do I have concerning compensation for my vehicle and a personal injury claim. I must add that the vehicle and car insurance was in my husband's name only.
answered on Oct 11, 2018
If I understand the question, uninsured driver strikes your vehicle and you are injured; however, you also don't have uninsured motorist (UM) coverage.
These circumstances do present a real challenge to compensation.
If the vehicle was owned by someone else, then you can pursue... Read more »
I was a passenger in an Uber accident. My attorney is harassing me for my insurance information so they can cover my medical bills.. I was a passenger, not a driver. This wasn't my fault. Why is my insurance company paying? Doesn't Uber have a 1,000,000 insurance policy?
answered on Aug 7, 2018
In Florida, your Personal Injury Protection (PIP) is your mandatory health insurance for auto-related injuries. It is also known as the No-Fault law. So, in any accident in which you are a driver or passenger, your own PIP pays your medical bills (80% of reimbursement rate) up to $10,000.00.
answered on Jun 11, 2018
If you are requesting insurance disclosures, there is no official form. Instead, you send a letter requesting disclosures pursuant to Florida Statute 627.4137 (here is link: http://www.flsenate.gov/Laws/Statutes/2018/627.4137).
627.4137 Disclosure of certain information... Read more »
answered on May 29, 2018
Generally, pools must be dual drain and have safety guarding (fence or alarm at doors/sliders onto pool deck) per federal and FL law. Even after a pool passes building inspection, access to the pool is an ongoing maintenance/safety issue.
Cannot get Drs to care for me as ins co. Said I have no more health coverage.??
answered on May 19, 2018
Doctors, hospitals, etc. want to get paid for their services now. They generally don't wait for your claim/lawsuit against the other driver--which can last many months or even years--to conclude before they get paid. It is also a risk because if your claim is not successful for some reason,... Read more »
answered on Apr 3, 2018
So sorry to hear of the terrible losses you suffered. Unimaginable.
Each individual parent has his/her own estate. Accordingly, you would be appointed Personal Representative of each respective estate. And, generally, both estates could file a claim the same wrongful death civil... Read more »
They notified me two weeks ago that payment was received at their office and they would be sending me a check. We have already reviewed and signed a closing statement. We know how much money they are sending us. They have promised the check a week ago. Now I am getting excuses about their... Read more »
answered on Mar 22, 2018
There is no set timetable, but it should be reasonable and done as soon as practicable and possible.
Settlement disbursement timing always depends on the circumstances. If there are liens (e.g. Medicare, Medicaid, private health insurance, etc.) or health provider balances (e.g. doctor(s),... Read more »
I sent a demand letter and asked fir a reply in 14 days due to accident I will require back surgery, but I have to settle before then for the money i have to pay dr.i can't hire an attorney due to the limits on the other ins.what can I do to have them take me serious in my demand and reply to me
answered on Mar 21, 2018
Unfortunately, it is difficult to handle a major claim without experienced counsel. These can be challenging claims, and you could do harm to the compensation value of your claim. Accordingly, I suggest you consult an attorney about your circumstances, and then decide whether you still want to... Read more »
answered on Mar 20, 2018
Qualified family members may claim such damages. There is generally no cap, unless against government agencies or other entities so designated by law.
I had a doctor perform an ERCP on me and he messed up causing them to need to put a stent inside of my body to prevent pancreatitis since he irritated my pancreas. Now I'm getting charged thousands in total because of the procedure, visits, and now the procedure to take it out. Can I do anything?
answered on Mar 13, 2018
Consult a lawyer.
Medical malpractice claims are very challenging under Florida law, even where a clear error is made. Accordingly, consult an attorney experienced in medical malpractice in your locale. These consults are typically free.
I made a bagged salad kit after work and ate about half of it when I chewed something mushy and spit out what was clearly a slug. I know people eat snails but slugs are different so I freaked out. After I threw up from being disgusted I had so many questions. Do they carry salmonella, what kind of... Read more »
answered on Mar 11, 2018
Every product liability claim like this requires evidence/proof.
If you can prove (a) your food was contaminated, and (b) your illness or injury was caused by the contaminated food product, then (c) you may pursue a claim for damages (financial compensation).
If no actual harm... Read more »
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