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Questions Answered by Gregory C. Maaswinkel
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 »

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Sep 2, 2022

You may have both a work comp and personal injury claim. Work comp can pay for authorized treatment, transportation to and from medical appointments, and pay you checks every 2 weeks for lost income. In personal injury, you may be able to recover for pain, suffering, mental anguish, inconvenience,... Read more »

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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
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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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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 »

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Feb 28, 2022

Never trust the insurance company to do the right thing. They are in the business of making money at your expense. You can make a written request for the insurance coverages or retain an attorney to help you with your case. Most lawyers that do do this type of case do not get paid unless they... Read more »

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2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: How much is a permanent scar and no pigment in a knee for my 17 year old worth?

Son was in a rollover accident in someone elses car. He had an avulsion wound to the knee. He has a permament scar on his knee, he will always have to protect from sun and it will never have feeling on it.

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

There are too many unknowns to answer your question. For example, in addition to the scarring, are there any functional problems? Any types of vocations that he will not be able to do? Even though he is 17, did he already have a job, hobby, or career goals that may be impacted by his injuries? Are... Read more »

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5 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: I was assaulted by a Dollar tree manager as a customer, what type of lawyer do I need? Criminal and civil?

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... Read more »

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Nov 7, 2021

You may have a claim for personal injuries based upon assault, battery, negligent hiring and retention, negligent and or intentional infliction of emotional distress. You should consult with an injury lawyer that charges you no fees or costs unless you win. You should also preserve your phone... Read more »

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: My face got burnt by a technician who did Lazer Hair Removal on my face. Now I have a scar.

I currently get Lazer Hair Removal on my face. The owner of the shop usually does it but got a new girl to do my treatment last time. The new girl was either nervous and it burnt me twice in the same place. That same day the skin started to peel away and has now left an ugly scar or mark on my... Read more »

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Sep 28, 2021

You should consult with a dermatologist or a plastic/cosmetic surgeon about the extent of the scarring and whether scar revision is a viable option. If you have not already done so, you should take periodic photos of the scars to show progression and permanency of the scarring. After getting the... Read more »

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3 Answers | Asked in Contracts, Government Contracts, Personal Injury and Workers' Compensation for Florida on
Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Sep 10, 2021

There are not enough important details in your question to be able to get give you a good answer. For example, who owned the garbage truck? Who was driving the garbage truck? Where did this happen? You may actually have both a personal injury claim and a workers compensation claim. You should... Read more »

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2 Answers | Asked in Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: Injured on the job

I got injured on the job. Do I have to accept worker’s compensation or can I file a lawsuit?

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Sep 8, 2021

In most instances your employer will have worker compensation immunity from law suit. However, there are certain but rare circumstance where you may be able to file a lawsuit against your employer. In some circumstances, you may be able to pursue both a worker compensation claim and a lawsuit... Read more »

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1 Answer | Asked in Workers' Compensation for Florida on
Q: I received a settlement agreement from my lawyer where the compensation for lawyer fees was blank. Should I sign this?

The original settlement was stated over the phone to be 10,000 and the settlement agreement says 7500. And the three areas that asserts exact dollar amounts to be disbursed to the lawyer and to me are left blank. I'm being pressured to sign this document and am refusing to sign it without this... Read more »

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Aug 4, 2021

You should speak directly with your lawyer regarding your concerns and have all of the blanks filled in before you sign it.

1 Answer | Asked in Car Accidents, Employment Law, Workers' Compensation and DUI / DWI for Florida on
Q: If Recklessness falls into intentional tort, can you sue your employer if you already accepted workers compensation?

There’s ways to get around Workers Comp. If you can prove your case. Are you able to pursue a regular lawsuit instead of settling for worker’s compensation if the driver of the vehicle drug test came back positive for cocaine?

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Jun 28, 2021

For purposes of this answer I am assuming that the driver that tested positive for cocaine was a coworker for the same company that you are employed with. In some instances you may be able to get around worker compensation immunity if the cocaine use caused the accident. If you did not actively... 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
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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
Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on May 30, 2021

I am assuming the accident occurred in Florida. In general, the owner of a vehicle in Florida is liable for injuries and damages caused by the vehicle even if the owner is not the driver if the driver had express or implied permission to drive your vehicle. That is called the Florida Dangerous... 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
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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.

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Apr 20, 2021

There may be many reasons why you may not have received your settlement money including liens against the settlement money that still need to be resolved. Assuming there are no liens to be paid from the settlement money and that the settlement check was already received by your attorney and that... Read more »

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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
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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

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Apr 15, 2021

Yes. You can file a lawsuit against both the driver and the trucking company. There may also be other defendants.

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