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Florida Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Florida on
Q: I finally got a court date for a small claims case. Would I be able to request to appear virtually? I'm the plaintiff.

I live in Atlanta. The case is in Orlando.

Charles M.  Baron
Charles M. Baron answered on Jul 26, 2021

You can certainly request it, but to find out whether the judge would consider it, call the judge's judicial assistant and ask him/her. You might be required to file a motion to make that request and to set your motion for a telephonic hearing. Or you might be told, "no, you filed suit... Read more »

1 Answer | Asked in Personal Injury and Small Claims for Florida on
Q: I'm pregnant and ate yogurt that was spoiled that I baught today what can I do
Charles M.  Baron
Charles M. Baron answered on Jul 20, 2021

You did not say if you got sick from the yogurt. If you did, and you went to the emergency room or an urgent care center, save the yogurt and promptly consult an attorney. If you did not get sick, your remedy is a refund from the store.

1 Answer | Asked in Personal Injury for Florida on
Q: am I required to fill the affidavit?

So I had an accident like 4 months ago, where I rear-ended a car but I managed to stop just in time to the point that there was no damage to either car but the lady wanted to call the police anyway. The police arrived and we get a driver to exchange of information, no fire rescue or ambulances were... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 9, 2021

No, not required to (if it's not requested via a court document). Whether it would be a good or bad idea to submit the financial affidavit depends on your unique circumstances and your defense strategy. The plaintiff's counsel is likely deciding whether or not to sue you (though suit... Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: How much must a board disclose?

My HOA board is intentionally not sending out e-mails about car accidents due to speed, parking lot and cars driving int mailboxes (we have 1099 homes and a 62 people who attended a board meeting were cryptically told)? They also collect data on how many cars travel 10MPH over the speed limit yet... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 8, 2021

A Florida attorney could advise best, but your question remains open for two weeks. There is no universal answer to your question. It could depend on the bylaws and rules. But as a general matter, you're not talking about a public agency dealing with highway safety data - HOAs can vary widely... Read more »

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got ran over by a garbage truck, got surgery months after.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2021

You want to contact a member of the Florida Justice Assn who handles malpractice cases in your county. They give free consults. However in some states the workers comp doctor is protected from malpractice claims!

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got surgery Very late. Incident happen on 12-11-19. Got surgery on 10-22-20.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 7, 2021

Of course, and you might prevail if you can prove negligence. Ask your worker comp. attorney for more information.

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Florida on
Q: If the state was the scene first, can the federal pick up the charge and not have immunity. The statue is 893.21

A female overdosed and my friend called 911 and she didn't die. Well he was arrested and the regular cops were the ones to arrest him but then the feds picked it up. He has been sitting in county jail for almost 2 years. The girl overdosed again several months ago and passed away. His lawyer... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 1, 2021

You should be in contact with your attorney(s) regarding this matter. If you are unable to speak to the attorneys or they refuse, it may well be time for you and your family to hire a new lawyer...

2 Answers | Asked in Personal Injury for Florida on
Q: The neighbors tree has branches over my property. During a storm the tree dropped a branch on my renters car.

It broke the windshield a couple of months ago. Now it dropped another branch. What are my legal rights?

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

First, consult your homeowners. It should be the responsibility of the neighbor but you dont want to be in a situation where your insurance says "you should have notified us."

Photos photos photos. Ideally with a good camera. Some cell phones are good others not.

Video...
Read more »

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2 Answers | Asked in Immigration Law and Personal Injury for Florida on
Q: Updated question to my original painter dogbite situation.

New update on my situation. So a worker I hired to paint my house got bit by my chihuahua shitzu mix dog is from Another country, doesn’t have a green card and is here on asylum. Would they still be able to file a lawsuit against me?

Charles M.  Baron
Charles M. Baron answered on Jun 16, 2021

Yes, if the person is an adult.

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2 Answers | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: My dog bit a house painting crew member that we hired.

Hello, so we hired a painting company to paint the inside of our house. My wife advised them that she would be working from home in the bedroom and our chihuahua shitzu mix dog would be in there with her. Later in the day when taking the dog outside, my wife got distracted and the dog ran upstairs... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2021

Yes, be sure to notify your insurance carrier of the situation. If you sell, the insurance carrier would still be responsible for this potential claim.

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1 Answer | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: Florida Dog Bite, what should I do?

Hello and thank you for helping! As my neighbor was walking down the apartment complex hallway, she was listening to music on earphones when she reclined on my door frame. This was when I opened the door, my dog was behind me on his leash but when I got spooked and gasped because I was frightened... Read more »

Brandon Labiner
Brandon Labiner answered on Jun 1, 2021

You certainly did the right thing by filing a police report. Details of the situation and injuries should be included there just in case. As to the medical bills, if she is unresponsive, there isn't much you can do at the moment. If her boyfriend reaches out to you again, I would inform him... Read more »

3 Answers | Asked in Personal Injury for Florida on
Q: Injured on owners property-suffering from post concussion syndrome. Please help, not doing well.

Owners were to be completed with a mother in law suite upon our moving in. We signed paid our lease. This accident occurred 1 day later. They had a utility truck on the property for an additional week. It was unlocked, no safety on this... it opened & pinned me between the utility door... Read more »

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on May 31, 2021

If you have not already done so, the incident needs to be reported to the land lord as well as the owner of the utility truck and a request made for their insurance company. You should also consult with an attorney so you may provide more details to see if the attorney can assist you.

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3 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: if i am getting sued for someone not on my insurance wreaks my vechial can they take my property
Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2021

So someone not on your insurance wrecked your vehicle. I assume that whoever is suing you was damaged in the same accident. Did your insurance carrier deny coverage? If the court enters judgment against you (on the theory perhaps that you negligently let someone use your vehicle), yes, the... Read more »

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3 Answers | Asked in Personal Injury for Florida on
Q: Hello I’m a mother of 5 kids in my son 16 was shot on his front porch talking to someone in now we have to move in no

In the landlord termination my lease

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on May 17, 2021

Was this at an apartment complex or at a rented house? You may have a claim for negligent security. Please feel free to call our office at 407-999-0045 to speak with attorney Greg Maaswinkel.

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2 Answers | Asked in Admiralty / Maritime, Legal Malpractice, Medical Malpractice and Personal Injury for Florida on
Q: My injury case was settled but I never got my money part (maritime). I want to make a new case for Malpractice.

My injury case was onboard a cruise line ship and this case is on Brevard County Court.

For the new case I want to have for Malpractice occurred in Lantana, Lake Worth.

Tim Akpinar
Tim Akpinar answered on Apr 20, 2021

There isn't enough information to form any judgment on what happened here in terms of the handling of the case. But as a GENERAL matter in maritime and other types of injury cases, there are factors that could sometimes delay payment to a plaintiff. Some of these are not within the control of... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Personal Injury, Business Law and Federal Crimes for Florida on
Q: Is my CPA at fault for our identity theft? She was hacked some months ago and should have cyber security in place.

The IRS would not accept our 2020 tax filing because one was already filed. Our 3rd Stimulus check was also stolen because our CPA was hacked. She later informed me of this and said some of her other client's data was also stolen and used. She should have adequate cyber security in place... Read more »

Linda Liang
Linda Liang answered on Apr 20, 2021

You said "She should have adequate cyber security in place". Do you have reasons to believe she does not and the fact that she does not caused the hack?

These are key findings to determine whether you have a cause of action based on negligence.

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1 Answer | Asked in Personal Injury for Florida on
Q: Can I still file a civil suit after an administrative hearing?
Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Apr 19, 2021

I would need to know a lot more facts to be able to answer your question. For example, what was the administrative hearing about and who were the parties involved? Who do you want to file a civil suit against and for what reason?

5 Answers | Asked in Personal Injury for Florida on
Q: Can I file a lawsuit against the company who's driver rear-ended the car that rear-ended me?

I was rear-ended in my car at a stop light last week. Neck and lower back are still bothering me. The car behind me was rear-end much worse by the semi-truck that hit them. I am in Florida

Jason S. Turchin Esq.
Jason S. Turchin Esq. answered on Apr 15, 2021

Hi - Yes. You should be able to file a claim against any vehicle or owner who caused or contributed to the accident or your injuries. Time may be of the essence as far as medical treatment goes, as any delay in treatment could impact how your medical bills get paid.

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1 Answer | Asked in Wrongful Death, DUI / DWI and Personal Injury for Florida on
Q: As a home owner, can I be held liable if someone in my home drinks then drives intoxicated and hurts or kills someone?

I live in Florida. This person is a relative 27 y/o and resides with me. On more than one occasion they have arrived home and passed out behind the wheel. I need to protect the rest of my family.

Jonathan Blecher
Jonathan Blecher answered on Apr 12, 2021

Can you be sued? Yes. Will the suit be successful for a wrongful death claim against YOU? Probably not. Is the relative covered on your auto insurance policy? An injured party may go after your homeowners policy, but I don't know how successful that would be.

1 Answer | Asked in Personal Injury and Products Liability for Florida on
Q: Does nicotine in the form of lozenges cause tooth decay when used long-term?
Charles M.  Baron
Charles M. Baron answered on Apr 11, 2021

You have sent your inquiry to the wrong forum. This is a legal forum, not a medical one. Try googling for on-line medical or health forums.

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