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Questions Answered by Charles M. Baron
1 Answer | Asked in Car Accidents for Florida on
Q: An insured car damaged my property. The driver was not the owner of the car. Can I go after the ins. co. for damages?

The police were called and a police report was filed.

Charles M.  Baron
Charles M. Baron answered on Apr 30, 2021

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 »

1 Answer | Asked in Civil Rights for Florida on
Q: If you beat a case but did year or more in process of beating the case, can you sue from time taking away from you?

If you don’t have a valid identification card what rights do you have as a inmate and a non inmate

Charles M.  Baron
Charles M. Baron answered on Apr 28, 2021

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 »

1 Answer | Asked in Civil Rights for Florida on
Q: I was told I have a case against Lee county sheriff's department how do I find pro bono lawyer or can get paid after win
Charles M.  Baron
Charles M. Baron answered on Apr 16, 2021

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 »

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

Charles M.  Baron
Charles M. Baron answered on Apr 15, 2021

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 »

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: hello, are there any florida cases granting 2nd amendment rights to a felon?
Charles M.  Baron
Charles M. Baron answered on Apr 12, 2021

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 »

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1 Answer | Asked in Personal Injury and Products Liability for Florida on
Q: Does nicotine in the form of lozenges cause tooth decay when used long-term?
Charles M.  Baron
Charles M. Baron answered on Apr 11, 2021

You have sent your inquiry to the wrong forum. This is a legal forum, not a medical one. Try googling for on-line medical or health forums.

2 Answers | Asked in Civil Litigation, Personal Injury and Wrongful Death for Florida on
Q: Can my a family member sue a pharmaceutical company over the death of a loved one?

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.

Is it probable to ask... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 11, 2021

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 »

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1 Answer | Asked in Car Accidents and Consumer Law for Florida on
Q: We bought a used car, and the brakes failed while driving home, causing an accident. What is the dealer responsibility?

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 »

Charles M.  Baron
Charles M. Baron answered on Apr 8, 2021

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 »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for Florida on
Q: I have a car that my friend had used her driver license in North Carolina to get me a car I just put the money up front.

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 »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

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 »

1 Answer | Asked in Civil Rights for Florida on
Q: HOA giving me a hard time. I am asking for permission for a camera and they refuse to answer me. Are there court orders?

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 »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

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 »

1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for Florida on
Q: What can I do about opposing counsel who won't participate in the case management meeting?

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 »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

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 »

2 Answers | Asked in Child Custody, Child Support, Civil Litigation and Civil Rights for Florida on
Q: Hello I'm froilan i just became a dad april 2,2021 The question is: my wife is inside a rehab with my newborn. Now

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 »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

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 »

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1 Answer | Asked in Business Law and Contracts for Florida on
Q: Need an attorney to file a case with over 500,000 in damages (business ) Against company in Fort Lauderdale
Charles M.  Baron
Charles M. Baron answered on Apr 2, 2021

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.

1 Answer | Asked in Civil Litigation for Florida on
Q: I am the plaintiff in small claims court, pro se. A new hearing is being scheduled due to the lack of time allowed.

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.

Charles M.  Baron
Charles M. Baron answered on Mar 31, 2021

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 »

1 Answer | Asked in Collections and Small Claims for Florida on
Q: I did some work on a yacht ($300) and found out the owner sold it and never paid me. What can I do? Is it even worth it?

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 »

Charles M.  Baron
Charles M. Baron answered on Mar 23, 2021

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 »

2 Answers | Asked in Car Accidents for Florida on
Q: Can you sue the DMV for allowing a person with a Mexico driver license to register a car and then that car hits you.

The driver only had basic insurance so we got nothing for injuries or loss of work. We had to use our insurance for that.

Charles M.  Baron
Charles M. Baron answered on Mar 19, 2021

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 »

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: I am wanting to file a civil small claims law suit against my children’s father for stimulus money he received

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 »

Charles M.  Baron
Charles M. Baron answered on Mar 19, 2021

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 »

1 Answer | Asked in Election Law, Gov & Administrative Law, Government Contracts and Public Benefits for Florida on
Q: My ex stated that she “had dirt” on me after I asked her to stop communicating with me. What can I do?

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 »

Charles M.  Baron
Charles M. Baron answered on Mar 15, 2021

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 »

1 Answer | Asked in Contracts and Collections for Florida on
Q: Hello. I signed a contract with a Gym and I'm under 18. I want to cancel the membership and the contract with no penalty
Charles M.  Baron
Charles M. Baron answered on Mar 10, 2021

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 »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I was wondering how to get a lawyer based on unauthorized background check without my consent and also harassment at job
Charles M.  Baron
Charles M. Baron answered on Mar 9, 2021

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 »

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