Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Gregory C. Maaswinkel
2 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
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 »

View More Answers

1 Answer | 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
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 »

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
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
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
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.

View More Answers

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
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 »

View More Answers

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.

View More Answers

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
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 »

View More Answers

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

Gregory C. Maaswinkel
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.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.