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?
Your question suggests that you also work for the same company as the garbage truck driver (this question is in the work comp section and talks about immunity). If that is the case, your employer would be immune from you suing it unless it purposefully put you in harms way or knew of the harm to...View More
I'm not sure what you mean by deductible, but, I'm assuming it's for attorney's fees, costs, and, maybe, anything that is owed for your medical care. If that's the case, if $50,000 is the limit, then those things would be deducted from that limit, so you wouldn't be...View More
Sorry, I was in a rush and didn't realize I didn't add the subsections. I received a copy of a recording of my unemployment appeal hearing and it came with F.S. 443.041(3) (Privileged Communications) and 443.1715(1) (Records and Reports). I was specifically concerned with the phrase in... View More
To what is this in reference? It's difficult to attempt to answer a question without some context. Also, FS 440 is the workers' compensation statute, so this question may be under the wrong practice type.
You should listen to what your work comp doctor says. If the doctor's recommendation to wear a sling is in a medical record, provide it to your employer. If your employer insists that you take the sling off to work, you're violating your doctor's orders. If you listen to your...View More
My attorney told me that my workers compensation claim wasn't worth anything. I got ran over by a garbage truck on 12-11-2019. I didn't receive surgery until 10-22-2020. My orthopedic surgeon put me on permanent Disability. During mediation my attorney told me the value of my case will... View More
Unfortunately, once you've settled your work comp case, and especially when a judge has enforced the settlement, there's not much you can do. Usually, if you disagree with the judge's decision, you can appeal to the First District Court, but they don't usually do much, and, most...View More
I was involved in an accident where both parties were deemed at fault by the officer. We traded information through the officer, and I told the other party I would be filing with my insurance when I got home, and they would be hearing from them.
Today, I received a letter from a local law... View More
If you have car insurance, it should defend you against the claim being made against you. If you believe you may have a claim against the other party (say you have injuries, car damages, lost wages, etc), then, just as the other party has done, you'd hire your own attorney. Unless you plan on...View More
A Dollar tree manager assaulted me, threw, my cane, shove me & grabed my phone when I told her I was recording her because she wouldn't do a refund on things I had bought 2 mins. earlier w/receipt even though Dollar tree policy is to do so. As soon as I told her I was recording her she... View More
If you want to sue to attempt to get some sort of monetary compensation for any injuries that you claim to have sustained, then it would be an attorney licensed to practice law in Florida and who regularly handles personal injury cases. If you want to press criminal charges, it would be an attorney...View More
My workers compensation case is done. I moved to another county. I've been contacting my WC lawyer to get my files so I can give them to my personal injury lawyer but she haven't been returning my calls back. Can i get my files from another facility if i live in a different county if... View More
I answered this same question under the workers' compensation topic. Here is my answer: "If your case is over and settled, your work comp attorney should have collected his/her costs from the settlement. These are costs for things, like obtaining your records, on the case. Thus, if your...View More
Contract employer wrote this in offer: "annualized salary of $100,000 (based on working 40 hours/week) + annualized bonus $10,000 (based on working 40 hours/week) and company offered benefits-The annualized bonus covers any expense that may incur as a part of fulfilling job including but not... View More
I'm not sure your question belongs in the workers' compensation section as I don't see anything about you being injured on the job. However, if you were injured, you should look into a free consultation with an attorney licensed to practice law in Florida and who regularly handles...View More
Without more information, it's difficult to answer this question. There can be a host of reasons such as your work comp attorney wanting to be paid by your personal injury attorney for documents that he/she will be producing, etc. Really, though, your work comp and personal injury attorneys...View More
How you can sue the person is the easier answer: hire an attorney licensed to practice law in Florida and who regularly handles personal injury/assault cases to file a lawsuit. Whether you have a strong, recoverable case with sufficient damages is another question, which also requires hiring an...View More
You can be fired for almost any reason in Florida (with some exceptions). Another questions is whether you being fired was wrongful or not, which may allow you to make a claim against your employer for your termination. To get an answer, or advice, as to that (more important) question, you should...View More
For general negligence, it's 4 years from the date of your accident. For malpractice, it's generally 2 years from the time the incident is discovered or should have been discovered. For wrongful death, it's also 2 years. If you have any question about whether you may be approaching...View More
I got hired for a job, took a drug test and heard nothing back. They had me working there for 3 weeks then decided to fire me for failing the drug test. Is there anything I can do? I failed due to marijuana and they took 3 weeks to let me know.
I'm guessing that you were not paid for the three weeks that you worked after being hired but before you were let go due to the failed drug test? If so, is your question whether you can get paid for that time worked? More information is needed to answer that question, but it's possible...View More
I'm not sure why the labels for this question include government contracts and international law, but, if this is an accident that occurred at work in Florida and is not a Federal Agency, if you were injured on the job, in almost all circumstances, your only choice is workers'...View More
Were you injured in any way allegedly due to the vaccine? It appears not, so I think that this question is a little premature to be asking until and unless something does happens. The only thing that I can say is that you should document everything in the meantime. Don't go looking for...View More
I have done nothing wrong. I have Bipolar 1/OCD/Anxiety & some other health issues.
I have no criminal past & no violent history. I've never threatened anyone or been inappropriate with anyone at any of these businesses. Just about all of the phone calls are businesses. One... View More
I'm not exactly sure what you are asking here. It seems that you are asking whether you have a case for discrimination due to your Bipolar/OCD/Anxiety disorders against these establishments who've called 911 and that have alleged that you've trespassed. I'm not sure what the...View More
During an extraction for a permanent bridge, I received an injury. Small but am now under another doctor's care hoping it will heal entirely. I requested a refund from the current dentist for the work not yet performed, and have been asked to sign a release but it needs to be done in 10... View More
Without knowing what the release says or what you may be waiving by signing it, I don't think any attorney can give you an answer on here. I'd highly recommend that you reach out to an attorney licensed to practice law in Florida and who handles personal injury cases for a free...View More
Whether you can sue isn't the question as you can pretty much sue for anything. However, whether you have any chance of recovery is another, and more important, question. A lot more information would be needed to determine whether you may have a viable chance of recovery verses the parked...View More
A cleaning company brought me with a tourist visa to work for 700 dollars a week over time, I accepted and came to South Carolina, they paid me 11.50 an hour and they charged me rent and transportation, they offered to return the investment. of the tickets and they did not, they fired me from work... View More
I'm not exactly sure what you are asking. You want to file a complaint for what and to whom? Do you mean you want to sue the cleaning company for not paying you something? Did you have a contract with this cleaning company? Did they pay you anything? A lot more information is needed to provide...View More
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