If the owner of the car gave permission to the driver to drive it, the owner is liable, and if the owner was insured, then, yes, you would set up a claim with the owner's insurance company. If you don't know if the owner gave permission, you would set up the claim anyway, and then the...Read more »
I can answer your first question, but your second question makes no sense. If you "beat" a criminal charge due to acquittal, dismissal by the Court, or the prosecution dropping the charge, and without a plea bargain, you may have potential claims for money damages for false arrest/false...Read more »
The ACLU takes a very limited number of police misconduct cases, without charging the client. Otherwise, seek a consultation with any attorney handling police misconduct cases. Depending on the facts, you might have the type of case that an attorney can handle on a contingency fee basis (meaning...Read more »
YES! - but the usual first step is to present a claim to the insurer of that vehicle, which results in a claims adjuster evaluating the claim and making a settlement decision. In the event the claim does not settle, then suit is filed. You may claim money damages for medical bills, pain and...Read more »
I assume you would like to know if a convicted felon has the right to possess a firearm pursuant to the Second Amendment, despite the conviction, and if there are any florida court decisions establishing such a right. The answer to that would be no, and no. However, convicted felons who have...Read more »
My stepmother was prescribed xenazine, for treatment of Huntington disease. Xenazine has the known side effects of depression and suicidal thoughts. My step mom was never depressed or suicidal before taking this treatment. 4 years ago, she committed suicide at home.
Arising from the situation you describe are potential product liability and medical malpractice claims. However, you may have a statute of limitations problem. Not sure which State you are referencing, as you are writing to Fla. attorneys on Justia, but you are writing from Birmingham, Alabama....Read more »
Nobody was hurt in the accident. ABout 3K damage was done to the car. The brakes failed. A police report was written documenting that fact. The dealer doesn't want to take responsibility for anything and expects the buy to pay for all repairs caused by the accident. Also, the dealer... Read more »
That cannot be answered without analyzing all of the facts of the situation, including a review of the purchase contract. If you bought the car "AS IS", that would be a strike against you, but in limited circumstances, that can be dealer liability even with that kind of contract. Seek a...Read more »
She’s being nasty and wants the car back. I moved too Florida with family and I don’t have a way to get back down here if I go up there and the car is titled and registered too her and she just won’t come and get her car so if I hypothetically got towed for parking could it or she come after... Read more »
Sounds like you trusted the wrong person. The car is legally hers. If it was purchased in North Carolina, and you then drove it to Fla., you are at risk of her reporting it stolen, and you getting arrested for theft. You should immediately confirm with her, IN WRITING, the "deal" you...Read more »
I have received violations for cars being parked on the side of the road and not in a drive way. Cars that’s aren’t mine. I keep receiving violations for things my neighbors do and when my lease renewal was up, the HOA tried to deny me and my children to continue to live there do to “too many... Read more »
The HOA rules either allow cameras, or they don't - or say nothing at all about cameras. Get a copy of the rules and regs, as well as their by-laws. If they allow cameras, or say nothing at all about cameras, why would you ask permission? If they don't allow cameras, you legally...Read more »
M.D.Florida I hired an attorney on contingency but he dumped my case a year into it so am left to recover my wages on my own. The other side filed a motion to dismiss and asked to stay discovery, pretrial events, and filing an answer pending a ruling on the motion. That was almost 3 months ago... Read more »
When you need some type of relief for any situation arising during the proceedings, you first, in writing, seek agreement from opposing counsel, and if you don't amicably resolve the issue, you file a motion asking the Court to order the relief you seek. However, you would be very foolish to...Read more »
She's a newb mother she barely know about been a mon and she's scared because she has noone to help her in there or to show her few tricks for the baby not to cry. She's scared because sometimes the baby cry's and she does everything that was teached to her but he doesn't... Read more »
You are writing to a lawyer's forum, but I'm not sure you are asking about your legal rights as a dad, which I think my colleague Mr. Thorgaard was assuming when he responded. Are you asking about that, or are you only trying to get help with training your wife/girlfriend on...Read more »
It would be helpful for you to state the subject matter of your intended claim - for example, contract dispute, non-performance of a contracted job, consumer fraud, employment discrimination, employment termination/discipline, etc.
I need to produce cancelled checks showing payment. When I get them, do I need to send those copies to the defendant as well as to the court? If so, how is this handled. The court and defendant both have my exhibits - these would be an addendum to that particular exhibit. Thank you.
In small claims court, you generally are not required to provide copies to the other side before showing up for trial, but to be safe, you should ask the judicial assistant for the judge assigned to your case. Also, in a very small minority of cases, there are pretrial "discovery"...Read more »
I found out Friday afternoon the owner had an offer on his boat and was closing the following Monday. I told the yacht broker about the situation and he said to email him the invoice ($300) and he would take care of it at the closing. Of course he never did. Is there anything I can do? Is it even... Read more »
You may sue whomever you did the work for in small claims court, and you could first try sending a demand letter stating you will file in small claims court if not paid. Whether it's worth your time is a question only for yourself to answer. You'd have to find out from the Clerk's...Read more »
Sorry to hear that. Your inquiry is a bit short on facts, but I'm assuming you mean that the Fla. Dept. of Highway Safety and Motor Vehicles (DHSMV) mistakenly allowed a person with no Fla. driver's license to register a vehicle, then that same person drove that vehicle and caused an...Read more »
He filed our children in 2019 on his taxes and has stopped providing for them since December 2019. He received the stimulus payments in 2020 for the children and the most recent payment a total of 4600 and he has not provided anything for them for the past year because of unresolved issues between... Read more »
This issue should be addressed to the Family Court, along with whatever other issues you need addressed in that Court. If you don't already have a Family Law attorney, immediately consult one. If you cannot afford one, immediately reach out to your local Legal Aid/Legal Services office that...Read more »
I stated today that I no longer wished to continue communication with my Ex. She stated that she did not plan on it so I took that as an agreement. I stated that if she continued communication I would pursue legal action and she said that she “had dirt on me too” when I never stated that I... Read more »
You asked if it's a threat, but not all threats are illegal. If she is merely saying or implying, "If you sue me, bad things about you will be revealed", there's nothing unlawful about that threat. Of course, if she makes false statements to third parties that are damaging to...Read more »
You didn't ask a question. I assume, however, you would like to know if you can "cancel" the gym membership without potentially being sued for the balance due on the contract. Minors have no legal capacity to enter into contracts (unless they have been legally emancipated). If you...Read more »
You need to consult an attorney handling employment matters. Our firm (Tel. 954-919-5669) handles such matters, as do many other South Fla. firms. If you'd like to conduct a search for such firms, you could try the Justia "Find a Lawyer" tab, and you also have the option of...Read more »
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.