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Florida Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Domestic Violence for Florida on
Q: If someone throws a rock at your car in florida can you legally shoot back?

In florida throwing a rock at someones car is projecting a deadly missile. My question is if someone throws something at your car in a road rage incident that can injure you or your passengers is it legal to shoot back (stand your ground law). I need professional legal advice from someone who knows... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2022

Your question is vague as to the timing of the events, as well as the specific danger posed by the rock-thrower. You may "stand your ground" with reasonable force that is necessary for self-defense - that is, to stop an ongoing attack that may cause death or great bodily injury to you.... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: Hello I'm a college student live with my mother I was in a accident 2 years ago hit head on by another vehicle it was

Raining no ticket was issued couldnt prove who was at fault I have to write a written defense. Do I have to have an attorney

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 13, 2022

You are being sued for the accident, I assume. if you had insurance, contact your insurance company; they will defend you. But no, you don't have to have an attorney, although it would be a very good idea to get one.

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2 Answers | Asked in Car Accidents, Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: My son has worked for McDonalds for 20+ years, was in car wreck- totaled car for McDonald errand. Doesn’t have full ins

Doesn’t have full insurance on car and now doesn’t have a car. He is store manager For years) and is on call 7 days a week - goes in on days off etc. got a call at 9pm from employee that the store needed fry boxes asap picked up and needed my son who was at home to go pick up. Used personal... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Sep 11, 2022

Since it your seems to have been the one to have caused the accident (unless there was something that the semi-truck did wrong), I don't think your son would have a successful personal injury case verses the semi-truck. Hopefully, your son has bodily injury (BI) protection, which is what the... Read more »

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1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Rights for Florida on
Q: Can defac take a newborn without notifying you parents?
Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2022

Your question is too vague. I suggest you re-post with short description of what caused a newborn to be taken. And by "defac", do you mean DCF (Dept. of Children and Families)? And by "notifying you parents", do you mean notifying the parents of the child being taken away?

3 Answers | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: A shelf in my apartment kitchen pantry fell hit me in my right leg and caused a blood clot to form. Can I sue?

Management was aware of the problem.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 7, 2022

Were YOU also aware of the problem? If you were, the defendant may claim that you assumed the risk of injury.

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3 Answers | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: A shelf in my apartment kitchen pantry fell hit me in my right leg and caused a blood clot to form. Can I sue?

Management was aware of the problem.

Domenic J. Celeste
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Domenic J. Celeste
answered on Sep 7, 2022

Yes, you can sue. The real question is what, if anything, will you recover? A lot more information is needed to determine how much you may get if successful or if you may even be successful. Remember, there's something called comparative negligence, which reduces your recovery (if you go to... Read more »

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2 Answers | Asked in Personal Injury, Workers' Compensation and Car Accidents for Florida on
Q: injured in a car accident while driving for Contractor for fedex ground delivering packages on budget truck

Injured in a automobile accident at work while delivering packages for FedEx ground through a contractor. Other vehicle failed to yield right away Haven’t received no workers comp or any kind of pay at all. wasn’t able to perform job duties due to my back injury was so I did not go back to... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Sep 6, 2022

It sounds like you have two types of cases here: 1) work comp as you were injured while performing your normal job duties, and 2) personal injury verses the driver of the vehicle that caused your accident. I'm not quite sure why you're not getting work comp benefits, but there's not... Read more »

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1 Answer | Asked in Personal Injury for Florida on
Q: What happens after a trial is declared void in a civil case in Florida? What should I do next?

ON AUGUST 23, 2022, I WAS GRANTED A MISTRIAL OF MY LAWSUIT; THE JURY HAD NOT HEARD THE CASE NOR THE COMPLETION OF THE FIRST TESTIMONY IN SAID CASE. "A MOTION FOR MISTRIAL GRANTED ATTORNEYS TO CONTACT JUDGE BY AUGUST 24, 2022 WITH STIPULATION FOR CONTINUANCE DATE". MY ATTORNEY QUITS MY... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 6, 2022

Yes, you should file a pro-se motion for a continuance immediately. Include a proposed date and time for the continued trial.

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: How am I supposed to respond to a car crash complaint filed against me with interrogatories when I have insurance?

A complaint from a person in a car crash was filed against me with many interrogatories and questions for me to answer, and they asked that I respond to them. However, my insurance claims representative told me to not worry about anything and that they will handle everything and ask me for help if... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Sep 4, 2022

It seems that you are being sued by the other person involved in the auto accident. In that case, your car insurance will represent you by hiring an attorney, if they haven't done so already. The attorney should reach out to you to discuss the accident, so they know how to answer the complaint... Read more »

3 Answers | Asked in Personal Injury and Products Liability for Florida on
Q: I was served sharp plastic pieces in a frappe from McDonald’s nearly died choking on it. Went to the ER

Nearly died choking on plastic from frappe that I bought from McDonald’s . Immediately went to the nearest gas station and poured my frappe in the sink so that I could see how much plastic was actually in there or if it was just one piece. I found several pieces of very sharp plastic in the... Read more »

Adam David Rieth
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Adam David Rieth
answered on Sep 2, 2022

A claim could be made against McDonalds. You should retain an experienced injury attorney as soon as possible to evaluate your claim. Most experienced injury attorneys will offer free case evaluations.

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4 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: involved in a car accident on 10/11/2021 . Was working for randstad source right which is a contractor for fedex ground

Working delivering packages for fedex ground and a car ran their stop sign failing to yield right away. During impact it threw me all over vehicle causing me to hit my knee on center console which broke off and after impact the company truck I was driving went into the other 2 lane highway . Horn... Read more »

Adam David Rieth
PREMIUM
Adam David Rieth
answered on Sep 2, 2022

You can often treat with providers on "letters of protection" and not pay up front, but out of the proceeds of a case. Generally, medical providers offer this if you have an attorney pursuing an injury case. You should consult with an experienced injury attorney as soon as possible.

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1 Answer | Asked in Personal Injury and Products Liability for Florida on
Q: If I have not been paid My accepted settlement offer For over a year now. Can I still fire my attorney?

The settlement was offered the first week of September 2021 . I was told if I accepted the settlement I would receive the monies by December 2021 no later than January 2022. That was the reason I signed the DocuSign accepting The settlement offer which I thought was very low for 10 years of... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 29, 2022

You can fire your attorney at any time for any reason, but the terminated attorney would then have a lien on your case for his/her fees and cost expenditures - and in some cases, that can scare off other attorneys from taking the case. You did not state the reason for the delay, which seems... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: My car was towed while I was in the back seat sleeping and I injured myself in Florida

Is this legal what they did to me??

Adam David Rieth
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Adam David Rieth
answered on Aug 12, 2022

Whether your car was legally towed is a fact intensive question and would require a site inspection where you were parked. Regardless of whether you were legally towed, if you were injured as a result of the vehicle being towed while you were in it, you should immediately contact an experienced... Read more »

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1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: If you get a car accident. Can they sue your fiancé once you get married

They are trying to sue me but I don’t have anything . Accident was over a year ago and afraid to get married because I don’t want them to sue my fiancé once we get married

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2022

If your fiance had nothing to do with the accident (no involvement, no vehicle ownership), she cannot be sued. However, if you happen to have any assets prior to marriage and, in order to avoid paying a judgment debt, shift those assets to your future spouse or to yourself and your spouse jointly,... Read more »

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: Is there a time frame in which an employer has to send an injured worker to be seen by a doctor?

I was injured on june 9th and was finally sent to a doctor on june 14th

Domenic J. Celeste
PREMIUM
Domenic J. Celeste
answered on Aug 10, 2022

Unfortunately, there is no specific timeframe to be sent to a doctor. 5 days after the date of accident may seem like a long time, but I've seen way longer. Delays in medical care are typical under work comp, even though the Statute says your benefits should be provided quick and efficiently,... Read more »

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3 Answers | Asked in Personal Injury for Florida on
Q: Is it normal for a law firm to suggest that you get financial funding to pay for surgery?

My attorney suggested that I get financial funding to pay for my shoulder surgery they suggested the company I should use for the funding. The interest rate is really high. My surgery was October 2021 and the debt has went from $7000 to $12000. I have been off of work for 10 months my funds are... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jul 31, 2022

In my view (and other attorneys may have different views), the type of "legal loan" you are talking about should only be used as a last resort for medical treatment purposes. That type of loan is what we lawyers call non-recourse legal funding, which means that if you lose your case, you... Read more »

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1 Answer | Asked in Personal Injury, Sexual Harassment and Employment Law for Florida on
Q: I’m in Florida, I was sexually assaulted by the owner of a large company about 10 years ago and was threatened not to ta

Can I do anything about it now

Charles M.  Baron
Charles M. Baron
answered on Jul 27, 2022

Sorry to hear about your ordeal. In answering, I am assuming that you were an adult at the time. For criminal investigation/prosecution, contact your local law enforcement agency or State Attorney's Office (felony intake). You may or may not be beyond the limitations period for criminal... Read more »

1 Answer | Asked in White Collar Crime, Consumer Law, Contracts and Personal Injury for Florida on
Q: I need to prosecute a case following under Title 16 - Crimes and Offenses, GA Code § 16-5-101

I am B.T.G, R.Ph. I have been a licensed Georgia Pharmacist for 32 Years. I and my son are disabled; he with a mental health issue. I arrived to Statesboro, Georgia on June 16, 2022, and lost a contract already under execution in order to assist and advise my 22 year old son on site at Georgia... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 24, 2022

What, if anything, does any of this have to do with Florida law?

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Health Care Law for Florida on
Q: I had a pharmacist basically accuse me infront of other customers like i wrote a fake prescription for my adhd medicine

And would not fill it for me, i had to go back to doctor and spend more money for visit and get my prescriptions moved to another location. Do i have any type od case too pursue?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 15, 2022

Believe it or not, pharmacists can refuse to fill prescriptions. If you had a written prescription you should have been able to go to another pharmacy without getting a new prescription from the doctor.

3 Answers | Asked in Personal Injury for Florida on
Q: If someone assaulted you a long time ago at a club can you still press charges

Wackos gentleman's club I called cops but didn't get to talk to them it was probably 5 years ago

Charles M.  Baron
Charles M. Baron
answered on Jul 7, 2022

There is a statute of limitations for almost every crime, as well as for every civil cause of action (meaning grounds for lawsuits). I cannot give you a legal opinion in this forum on whether you are beyond the limitations deadline at this point, but you are probably beyond it. See Fla. Statutes... Read more »

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