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Florida Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury and Workers' Compensation for Florida on
Q: Drug test for delta 8?

I work at UPS and got injured on the job. They drug test anybody injured on the job to prove whether or not they were impaired. I use legal delta 8 THC, which shows up the same as illegal delta 9 THC on a drug test. They also use a urine test. Could they still deny me compensation/fire me even... Read more »

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on May 5, 2022

The answer depends. Assuming UPS has a valid no drug policy in place and that UPS can prove a valid "chain of custody" of the drug test sample, then there is a rebuttable presumption of impairment that can be overcome by showing evidence that you were not impaired.

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1 Answer | Asked in Personal Injury for Florida on
Q: can you sue a hospital or doctor if they punctured my family member's bladder and caused a blood clot
Charles M.  Baron
Charles M. Baron answered on Apr 29, 2022

Yes, if another medical professional in the same field is willing to testify that the doctor's actions fell below the applicable medical standard of care. Consult an attorney in your area handling medical malpractice.

1 Answer | Asked in Personal Injury for Florida on
Q: Prosecutor dropped a case. For calling victim on wrong number they did have the right number

He dropped the case based on a phone number that someone in the office copied down wrong from there file

He called it and left a message. It wasn’t my number they have the right number he said I didn’t call back so it was dropped. I got punched in the face twice by my daughters ex... Read more »

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

Sorry to hear about your ordeal. Your question is, "Can I report the prosecutor?" Of course, to the prosecutor's supervisor or to the State Attorney him/herself (the head of the State Attorney's Office). However, if the charges have officially been dismissed, your complaint... Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: I am the victim in a criminal battery case but I cannot find a lawyer to rep me in a suit. Why?

I had over $30k in medical bills and despite seeing ads for representation, I keep getting told that "they don't handle this type of case."

Stephen Arnold Black
Stephen Arnold Black answered on Apr 17, 2022

You should discuss your case with counsel here in the state of Florida about contingency fee representation, which means you don’t pay anything unless you win.

1 Answer | Asked in Personal Injury for Florida on
Q: Reviewing an old case online, it is written that the judges final decision was to grant impart and deny impart

What does that mean?

Domenic J. Celeste
Domenic J. Celeste answered on Apr 12, 2022

It means that the Judge both approved and denied something (or part of something) that was asked for. Without more information, it's difficult to give any more of an explanation.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Real Estate Law for Florida on
Q: I found blood on a napkin from a drive through restaurant and wiped my face with it... what do I do. ??

It wasn't my blood or blood from food. It had to have been from an employee on purpose..

Tim Akpinar
Tim Akpinar answered on Apr 5, 2022

A Florida attorney could advise best, but your question remains open for five weeks. One of the issues that could confront a claimant in a situation like this is the element of damages compared to the cost of litigation. But that's only a generality. For a more meaningful assessment of the... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: Never got any kind of compensation or justice from being hit by a car

My mom got hit by a car when she was crossing the road. She had to spend weeks in the hospital and suffered major injuries to her leg and head. I was a child at the time so my mom was not able to take care of me since she was in the hospital. So that effected our lives in that time.

The... Read more »

David Irving Shiner
David Irving Shiner answered on Apr 1, 2022

I am sorry to hear about your mother's situation. It is devastating to be injured in an accident and, even worse, knowing the at-fault party was not be held responsible for their negligent actions.

Under Florida's statute of limitations, you have four years from the date of the...
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1 Answer | Asked in Personal Injury for Florida on
Q: Personal liability claim with possible conflict of interest.

I was hospitalized for a trip and fall at my condo complex. Resulting in a scar on my forehead. The General Adjuster from the TPA that interviewed me, took pictures, completed report , I find is married to the VP Financial Operations of same TPA and in same office. Would this be conflict of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 30, 2022

No. The fact that two employees or officers of the same company are married to each other is not a conflict of interest as far as you are concerned.

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I am in the process of a personal injury lawsuit. The other driver that is responsible for the accident, his insurance

company wants me to sign a POA, to release my vehicle to them. Is it ok to sign that agreement for property damage. Even if I am suing them for personal injury

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 18, 2022

It's possible that they want to investigate the condition of the vehicle for some reason. Your insurance company should have assigned you an attorney. Ask that attorney about the document they want you to sign.

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2 Answers | Asked in Personal Injury, Real Estate Law, Civil Litigation and Landlord - Tenant for Florida on
Q: I have an older property in Airbnb and a guest staying there fell through to the next level when a step gave way

No injuries and I paid the guest $300 and had it fixed within a couple hours. They said they are not suing. The guest is checking out early and wants $300 more because of what almost happened which was he was almost holding his daughter who was at the top of the stairs. Obviously no one expected... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 18, 2022

In all likelihood, they have no case if an injury didn't occur. But you should immediately contact your insurance carrier.

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1 Answer | Asked in Personal Injury for Florida on
Q: Accident policy through work is offering a lump sum settlement instead of monthly payments. I am currently paying taxes

On monthly payments. Will I have to pay taxes on lump sum due to a injury I received and on disability.

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

I'm not quite sure what you mean by your employer's "accident policy." Are you talking about its workers' compensation insurance policy or your employer's short/long-term disability policy? Work comp is tax free whereas short/long-term disability is taxable. I think... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: When is an auto insurer required to reveal policy information and limits ?

The driver of a vehicle was found to be at fault after running a red light (in view of a police officer), and causing an accident that injured me (fractured rib and partial collapsed lung). The at fault driver's insurance has officially (in writing) stepped in to "manage" (oversee?... Read more »

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

First, it would be extremely foolish for you to represent yourself in the described situation, unless your case has been turned down by a few personal injury attorneys. Is the latter the case? The insurer should not be "managing" you. In any event, there are two ways to obtain the... Read more »

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1 Answer | Asked in Personal Injury for Florida on
Q: A furn. delivery service took 5 pics of me in my home without my knowledge and uploaded to prove I inspected it. legal?

The new sofa was ripped and I am trying to return it. They said they will not take it back because they have pics of me inspecting the sofa. I didn't see the rip until they left. I feel my privacy was violated in my home and I have no recourse on the ripped sofa.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 23, 2022

1. Not illegal.

2. Contrary to what many people believe, Florida businesses are not constrained by any of the laws that prevent the governments from violating our privacy rights.

3. Although there are occasions when I would object to any business or person taking photographs of...
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1 Answer | Asked in Employment Law and Personal Injury for Florida on
Q: Can I cash my check that is under my name only even if I have an active lien on me with the bank that my employer uses
Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 22, 2022

Maybe you should clarify what you mean by "an active lien on" yourself.

3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: My wife are 76 and 73 years, worked all our life. Being sued by 38 yr old son for damages.US Den Dist Ct # 1:2022cv00321

Son is disabled and misguided throughout his life. What are the options?

Charles M.  Baron
Charles M. Baron answered on Feb 17, 2022

Your options are to defend yourselves in the lawsuit, for which you should hire an attorney, or to not defend yourselves, which will result in a money judgment against you by default. Your inquiry does not indicate the alleged grounds for suing you. If they are something with no genuine factual... Read more »

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1 Answer | Asked in Personal Injury, Products Liability, Traffic Tickets and Car Accidents for Florida on
Q: What can I do? Suing GM will take years.My cars totaled price will never get me close to a reliable vehicle I need 4work

Feb 2nd I was doing the speed limit of 65mph around 7pm which was dark out. Upon reaching the top of a hill instantly saw a vehicle stopped in my lane w/out hazards on and rear ended them. I Driving 2010 Buick Enclave w/zero open recalls.but upon impact my seatbelt didn’t lockup nor did a single... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Feb 12, 2022

Firstly, do you have your own car insurance? If so, you need to report this accident to them immediately. If you have car insurance, hopefully they can pay the cost to replace your vehicle, although, I'm sure, it won't be much considering the year of the vehicle. Did the police come to... Read more »

1 Answer | Asked in Employment Law and Personal Injury for Florida on
Q: Can I sue my job for negligence if my supervisor isn’t following mask mandates at work

He doesn’t wear his mask in close proximity to me and my fellow workers even though we have mandatory mask mandates at my job. He even allows some employees to ignore the same mask mandates.

Linda Liang
Linda Liang answered on Feb 8, 2022

This is a tough one. Negligence means a person fails to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Whether a person should wear mask is subject to question. There is no fixed standard regarding this. Needless to say, you must... Read more »

3 Answers | Asked in Car Accidents, Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: Exceptions to Florida Workers’ Compensation Immunity

I got ran over by a garbage truck and the person drug test came back positive for cocaine the same day and he got fired. Would that fall into intentional tort because he knew what he was doing was wrong and he could injury someone while driving high, especially a commercial vehicle?

Titus Thomas Nichols
Titus Thomas Nichols answered on Feb 8, 2022

I'm sorry to hear about this horrible incident. In your sceneario it is possible that both the driver and the company that he was driving for would be liable for your injuries. In Georgia, a company may be responsible for the torts committed by its employees. Additionally, there may be... Read more »

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1 Answer | Asked in Personal Injury and Real Estate Law for Florida on
Q: Can our HOA board controlled by Builder make us sign release to be on transition committee?

....and assigns release, waive, acquit and forever discharge and hold harmless Property Name, Inc., and each of its, successors, assigns, members, officers, directors, employees, agents, managers, management companies, servants, heirs, executors, administrators, insurers, attorneys, and persons,... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 11, 2022

They can always ask but you do not have to sign it. I would recommend you not sign it without having a lawyer review the entire document, which may not be worth the cost, considering you are volunteering.

Developer-controlled HOAs will do or say anything because they are counting on you not...
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2 Answers | Asked in Personal Injury for Florida on
Q: I heard on the radio about reopening a injury lawsuit.... If I feel I was forced into settling in court because covid

I feel like because when covid hit our doctor was closed and then eventually the lawyer called and said she thought it would be best if we settleed but I feel I didn't get fairly compensation for the accident. My boyfriendand I both were in a lyft accident do u think I would have a fair case

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2022

No. You settled your case on the advice of your attorney. A settlement would not be worth the paper it was printed on if you could change your mind at any time.

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