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Florida Personal Injury Questions & Answers
2 Answers | Asked in Animal / Dog Law, Personal Injury and Landlord - Tenant for Florida on
Q: Can my husband be fired from his job if we sue his employer for a dog attack on her property?

I was attacked by a pitbull in the mobile home park I live in and my husband works for. If we attempt to make a claim, can his employer fire him? Can we be evicted? I've already been threatened by the landlord/employer. Due to the park managers negligence and lying claiming the dog was a... View More

Roberto M. Vazquez
Roberto M. Vazquez
answered on Jan 9, 2024

I handle landlord/tenant and dog bite claims statewide.

As for the landlord/tenant aspect of your question, your lease should protect you. If you have a one-year lease and are in compliance with all of its terms, then the landlord has no justification in trying to evict you. Florida Statue...
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2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Personal Injury for Florida on
Q: Can u landlord evict u for suing them over a dog attack they r liable for. Is there anything legally I can do to avoid

I was attacked by a pitbull in the mobile home park I live in and my husband works for. The landlord is liable and she has already threatened me. I want to sue for the lifelong injuries I've sustained and the horrendous pain I'm constantly in. I don't want to be evicted for something... View More

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Jan 9, 2024

Short answer is No. The relationship between you and your landlord are governed by both Florida Law and the terms of your lease. You may also have a claim against the landlord and the owner of the dog (if it is someone other than the landlord) that attacked you for medical expenses, lost wages,... View More

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2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Personal Injury for Florida on
Q: Can u landlord evict u for suing them over a dog attack they r liable for. Is there anything legally I can do to avoid

I was attacked by a pitbull in the mobile home park I live in and my husband works for. The landlord is liable and she has already threatened me. I want to sue for the lifelong injuries I've sustained and the horrendous pain I'm constantly in. I don't want to be evicted for something... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 8, 2024

No, your landlord cannot threaten you with eviction because you have the right to sue him for your damages. If he did start an eviction case, you could defend with the “retaliatory eviction defense” under Florida law. You should retain counsel here in Central Florida for contingency fee... View More

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2 Answers | Asked in Civil Litigation, Criminal Law, Personal Injury and Civil Rights for Florida on
Q: My father was arrested in 2020. An officer came to his house to serve a subpoena for an upcoming hearing for myself.

The officer opened a closed gate and enter into my father's property. My father was inside his home in the kitchen which is approximately 12 feet from the front door. The HVAC air handler is located in the kitchen and my father was working on cleaning the unit at the time. The officer claims... View More

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

For your father to determine if he has potential valid claims for false arrest/false imprisonment and/or malicious prosecution, he must schedule a consultation with a civil rights attorney in his area. There is no way to get a reliable answer to this question in any online forum. For a lawyer to... View More

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1 Answer | Asked in Personal Injury, Real Estate Law, Health Care Law and Landlord - Tenant for Florida on
Q: Can I sue my HOA for radon exposure and for denying my architectural request for a mitigation system?

Over a year ago, I formally submitted a request to my HOA's management company, complete with necessary documentation, seeking approval for a Radon mitigation fan installation. Despite engaging with the HOA management for over four months, my inquiries were met with vague responses. Even... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 13, 2023

Generally, anyone can sue anyone else but whether or not you have a case depends on a lot of factors, including a reading of your association documents, which we cannot do in this online forum. How you proceed depends on if you live in a HOA (generally, single-family home, townhomes, villas) or a... View More

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Was driving and a pedestrian got angry his bike broke and he threw the entire tire into the road and which hit my car

I don’t think he intended to hit a car - but he was visibly angry and threw with enough force it broke my side mirror and windshield- what recourse do I have? He stuck around and I filed police report - they said they have to wait on state attorney to decide what to do.

He has a suspended... View More

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

Generally in the kind of situation you describe, you can make a claim against the pedestrian for negligence, starting with any homeowner's insurance, and if none or no coverage, then in small claims court (if claim is for $8,000 or less), a fairly easy process, but collectibility is an issue... View More

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1 Answer | Asked in Personal Injury for Florida on
Q: Insurance investigation claim time frame

I had gotten injured from the ground collapsing while standing on walking path and went down in a hole about 3 ft. Its newly constructed city owed public marina. Filed report with city and they gave me a claim number to cover medical bills. The insurance started an investigation a few months ago... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 1, 2023

Are you sure it's a private insurance company that is handling the claim, as opposed to the city itself? If it's a private insurer, they generally should complete their investigation and either pay or deny the claim within 90 days. If it's city risk management, and a proper notice... View More

1 Answer | Asked in Personal Injury, Products Liability and Car Accidents for Florida on
Q: Can you sue and individual when then knowingly covered up damage to a vehicle that made it unsafe?

A few months ago I purchased a used truck. After asking very specific details about the vehicle history I purchased the truck. last week I had a brake failure going through a major intersection, luckily no one was injured. had the truck towed to a mechanic and he found the frame of the vehicle... View More

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

Sure does sound like the kind of fraud that you can make a claim for. If the purchase agreement specified it was an "AS IS" sale, that would be a defense - but that defense could fail in some limited circumstances of there being certain clear, provable representations made by the seller... View More

1 Answer | Asked in Personal Injury for Florida on
Q: I feel like my ankle monitor is causing my spine to age prematurely. Slowly disabling me. Can I sue for injuries?

11/25/23 I went to the hospital for pain in my mid to lower spine. The doctor says that my spine is that of a person in the fifties and I'm only in my thirties. I've had my back inspected before the ankle and that was only 3 to 4 years ago and my spine was healthy. I want to sue for... View More

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

Before determining if there is some type of actionable negligence regarding your monitor, you'd need to have a physician's opinion that the monitor is causing your pain condition. If you have such a written opinion, then reach out to personal injury lawyers, and you'd also need to... View More

1 Answer | Asked in Family Law, Personal Injury and Domestic Violence for Florida on
Q: Is there a way to sue my parents, as well as my mother's second ex husband, for damages from abuse?

I was abused as a child by my parents, and especially my mother and my now ex stepfather physically which included, but not limited to, traumatic brain injuries as well as being punished for exposing their affair to my father, who in turn decided to punish me for being an unwilling participant.... View More

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

Sorry to hear about your terrible ordeal. Your description seems to indicate that all wrongdoing occurred a few decades ago. There is a high probability that a lawsuit for money damages due to such wrongdoing would be barred by the statute of limitations (assuming that would be raised as a... View More

1 Answer | Asked in Domestic Violence, Personal Injury, Civil Litigation and Criminal Law for Florida on
Q: I was a victim of domestic abuse several times. What is the clause I can sue exwife for it?

I was an international student (19 years old), who married a Puerto Rican woman (24) right after associates degree. I was starting university as a junior when I got married.

My family was happy that I found someone for myself. they all flew in from Canada, Australia & other parts of... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Sorry to hear about your ordeal. Your inquiry is vague as to when the abuses occurred. You mention, without relating any facts about timing, the phrase "tolling statute of limitations", which is the stopping of the clock for the time counting towards the limitations period, under... View More

1 Answer | Asked in Personal Injury and Products Liability for Florida on
Q: Exploding Vape Battery burns- How do I find a reputable attorney w/ successful experience w/ vape battery explosion case

My father is in hospital with 3rd degree degree burns to his hand, torso, and some 2nd degree on his thigh, which he sustained when the battery in his vape exploded in his hand on his way to an appointment.

Doctors said battery chemicals are toxic, he is in terrible of pain, the burns are... View More

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2023

I'm sorry for your father's injuries. Hiring an attorney is an individual decision. However, product liability cases can be complex, and can involve the need for technical or scientific expert opinions to prosecute. I'd recommend reaching out to attorneys to try to arrange a free... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Personal Injury for Florida on
Q: Hello, I just found out that I was kidnapped 13 years ago in Florida.

Aggravated kidnapping is what was done to me and my brother on the property of a night club. If the accuser is found guilty, can I file a lawsuit against the club owner?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2023

You would have to show that the statute of limitations doesn't apply. What do you mean by indicating that you just found out about the kidnapping? Perhaps you might have a case, of you can prove that the owner was negligent, and that the negligence caused injury to you.

Your case...
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2 Answers | Asked in Education Law and Personal Injury for Florida on
Q: Can I sue a college for not keeping up with residential maintenance.

I live on campus and I’ve had to move dorms 1ce so far thinking about doing it again. The first dorm I was in I had ac blasting in my face at night around 60° and heat during the day which would go up to 75° that I could not control. It would disrupt my sleep schedule and led me to get sick.... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 9, 2023

To determine your rights and remedies, your contract/lease with the college must be reviewed. Start by reviewing it yourself and see if there is any verbiage regarding maintenance/repair issues, as well as any verbiage on any steps you must take in the event of any dispute or complaint. Then... View More

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1 Answer | Asked in Divorce, Personal Injury and Family Law for Florida on
Q: My wife and I have split and she's showing and selling my masterbation video can I sue her

It was made for her supposed pleasure but apparently she wants to blackmailed me

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

If she is asking you for money or some other benefit to prevent her from showing it, she's likely committing a crime, and you can report her to law enforcement - IF you want this issue to become public record and IF having her arrested, possibly hauled off to jail, and prosecuted is desirable.... View More

2 Answers | Asked in Immigration Law and Personal Injury for Florida on
Q: Why would a plaintiff attorney agree to set aside clerks default for personal injury case?
James L. Arrasmith
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answered on Nov 5, 2023

In a personal injury case, a clerk’s default might be entered if the defendant fails to respond to a lawsuit within the time prescribed by law. However, there could be several reasons why a plaintiff's attorney might agree to set aside a clerk's default:

Fairness and Merit: The...
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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My daughter is being sued for an accident that the other driver was cited for. We are in Florida.

The passengers in the other car are suing my son-in-law, daughter, and insurance, along with the driver of the car they were in, for great bodily harm. Daughter's insurance is 10/20/10. I doubt they will settle for the 10. They have no assets, lots of bills, 3 kids. Yes, they have decent jobs,... View More

Kimberly Grant
Kimberly Grant
answered on Nov 3, 2023

Your daughter should contact her insurance agent and forward a copy of the lawsuit to her insurance company as soon as possible (and make sure it is received). I am not licensed to practice law in Florida, but I believe an Answer to the lawsuit must be filed within 20 days after service of the... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My daughter is being sued for an accident that the other driver was cited for. We are in Florida.

The passengers in the other car are suing my son-in-law, daughter, and insurance, along with the driver of the car they were in, for great bodily harm. Daughter's insurance is 10/20/10. I doubt they will settle for the 10. They have no assets, lots of bills, 3 kids. Yes, they have decent jobs,... View More

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

Your daughter's insurer should provide a free lawyer, and there is a potential scenario in which the plaintiffs WILL settle for the 10K if they can get enough $$ from the other parties/insurers, or if they figure that promptly getting the 10K in hand would be beneficial while they continue to... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Is it a conflict of interest to apply to/get hired by State Farm if I have an open injury claim (auto) against them?
Tim Akpinar
Tim Akpinar
answered on Oct 27, 2023

Addendum - as a follow-up to my post a minute ago, it would have probably been more precise for me to say that it could be argued as a conflict. Conflicts law sometimes confronts settings where compelling arguments could be made for more than one interpretation of a given situation. Good luck

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Is it a conflict of interest to apply to/get hired by State Farm if I have an open injury claim (auto) against them?
T. Augustus Claus
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answered on Oct 26, 2023

In Florida, considering employment with State Farm while having an open injury claim may raise concerns of a conflict of interest. To address this situation, it's important to be transparent and consider key factors. First, disclose your situation to both the potential employer and your legal... View More

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