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Questions Answered by Charles M. Baron
2 Answers | Asked in Personal Injury and Insurance Defense for Florida on
Q: Over 2 years ago my daughter had a friend over and they explored the attic even though told not to. Friend fell.

The friend fell through some dry wall. No injury claimed then but now mother of friend wants our insurance info from that time to file a claim. What should we do to protect ourselves? This is in Florida.

Charles M.  Baron
Charles M. Baron
answered on Apr 13, 2023

I agree with Mr. Thorgaard, but you should also inquire, in a friendly way, as to what the injury issue is. Was she physically injured, and if so, what are the injuries, medical diagnoses and treatment, and at which medical offices? And why is the issue surfacing only after 2 years? And is there... View More

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2 Answers | Asked in Bankruptcy and Personal Injury for Florida on
Q: I was awarded a substantial amount of money in an intentional tort case.

However, the defendant was able to discharge the debt in bankruptcy. Can I claim any of this as a loss on my taxes?

Charles M.  Baron
Charles M. Baron
answered on Apr 11, 2023

If you filed an adversary proceeding in the bankruptcy case, you probably would have prevailed, with the bankruptcy court ruling that the judgment debt is not dischargeable. I'm guessing you didn't do that, and if you were still in an attorney-client relationship with the attorney who... View More

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2 Answers | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Q: Can a Statement of Claim in Replevin be filed to get an item to be used as evidence in a related Small Claim?

The item is a $2 tool with sentimental value to the Plaintiff, was used in service to the Defendant, was used to provide a more valuable service, probably why Defendant is detaining the tool. Plaintiff suing for payment of service. Would the Statement of Claim and the Statement of Claim in... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 9, 2023

To add to Mr. Thorgaard's answer, your local court clerk can answer your questions to an extent. They cannot offer legal advice but can tell you about routine procedures.

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1 Answer | Asked in Civil Litigation, Land Use & Zoning and Sexual Harassment for Florida on
Q: What are my rights as a tenant concerning confidentiality?
Charles M.  Baron
Charles M. Baron
answered on Apr 8, 2023

Confidentiality of what? - and keeping it confidential between who and whom? You need to post a new inquiry with more details.

1 Answer | Asked in Landlord - Tenant and Civil Rights for Florida on
Q: I have been asked to vacate the property that I have rented for the last 5 years. How long do I legally have to vacate?

Can the new owners make me leave without giving g me something in writing? Some tenants are being allowed to stay but previous owners told the new owner we were behind d on rent. im assuming that's why he wants us gone. Told us if we don't move our stuff he will bulldoze it into a pile.... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 8, 2023

The tenancy cannot be legally terminated without written notice unless the landlord is merely refusing to renew your lease. How many days notice must be given depends on the type of tenancy you have (lease? month-to-month? week-to-week?), as well as on whether your county has a local ordinance... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: I was shot in 2009 and got my lungs stitched up with what was supposed to be dissolvable stitches and just found out

Recently in 2022 they never dissolved so I wanted to know if possible can I sue

Charles M.  Baron
Charles M. Baron
answered on Apr 8, 2023

You need to consult a medical malpractice attorney. There is a two-year statute of limitations for malpractice, but the two years may run from the date of discovery of the damage caused by the malpractice.

Also, assuming a potential claim is NOT barred by the statute of limitations, an...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: Reaching out to seek help regarding the termination of parental right of my daughter that happened in 2018.

Reaching out to seek help regarding the termination of parental right of my daughter that happened in 2018 due to a medical malpractice that could be proven but because it’s past the statues of limitation couldn’t proceed to sue the hospital however I am in pursuit of trying to seek legal... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 6, 2023

Sorry to hear about your crisis. It is probable that the only way you would have any potential claim regarding wrongful acts by DCF employees is if the court adjudication that was adverse to you is vacated. You're basically saying you were maliciously prosecuted. (That term applies to any... View More

1 Answer | Asked in Civil Rights for Florida on
Q: Had a police officer do a wellness check and asked for id first. Do I have a civil rights violation?
Charles M.  Baron
Charles M. Baron
answered on Apr 4, 2023

When an officer asks for anything, there's no civil rights violation. It's when someone says, "no", and the officer won't take "no" for an answer, that there may, in some situations, be a civil rights violation.

3 Answers | Asked in Personal Injury and Health Care Law for Florida on
Q: Is it legal for a doctor to give free service when the patient can't pay.

Weird question, I know.

So, 4 days ago I slipped on my stairs and broke my ankle. It hurts alot walking so I have to rest. In around 20 days I get a check from my bank, because they messed up sth regarding a ingeritance I receive.

The point is, until then, I have no money to visit... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 2, 2023

No law against it, but you might not find a doctor's office willing to do that. Your county likely has a public health system for treating indigent (poor) people, so you have that option. Regarding the slip and fall, was it totally your own fault, or can you point to any problem with the... View More

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2 Answers | Asked in Contracts for Florida on
Q: I intend on suing a business for breach of contract but am not sure which LLC to name as the defendant. There are 2

The business recently changed its name and has established a second LLC . When I looked it up, the old business name is no longer registered but the LLC for it is still active. It just says “SEE NOTES” where the business name was . Do I list both the old and new business names and both LLC’s... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2023

Generally, if a Fla. LLC or corporation listed on Sunbiz.org as being active at the time of the breach is still in existence, that would be the one entity to sue. Not sure what you mean by "the business recently changed its name"; if you mean its registered fictitious name, that... View More

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1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: I caused a rear end accident in florida in my pick up truck, trailer attached not owned by me. will he get sued as well?

my insurance lapsed. trailer did not hit other car just my truck hit her. So i wanted to know if his insurance would be liable. the trailer owner.

Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2023

The trailer owner is not automatically liable merely because his trailer was attached. There would need to be some improper use or improper maintenance of the trailer that contributed to the accident. However, the lack of liability doesn't necessarily mean he won't be sued. Sometimes... View More

1 Answer | Asked in Contracts for Florida on
Q: after a car lease is paid off. do you have to come up with the residual value on contract in full or can i make payments
Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2023

That is solely a matter of agreement between you and the lessor. Start by determining if the lease mentions the ability to pay in installments (probably doesn't). If not there, propose an installment plan. The lessor can either be kind and work with you, or not. If not, and financial... View More

3 Answers | Asked in Personal Injury for Florida on
Q: Can a passenger on a charter boat sue the owner of the boat even though they didn't pay to go aboard?

I own a charter boat business. Let's say two passengers are coming aboard. I have Person A sign a waiver that releases me from liability but Person B does not sign the waiver. Person A is the one that gave me their credit card information and paid for the trip. Person B gets hurt during the... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 28, 2023

I agree with Mr. Thorgaard. Have EVERYONE sign a waiver. It cannot prevent suit from being filed, but can be raised as a defense. You may want to have your business insured for liability if affordable insurance is available.

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1 Answer | Asked in Land Use & Zoning for Florida on
Q: A neighbor decided to level all the bamboo we had on our lawn that has been growing for years

All the bamboo was on our side of the property line. They had hired someone to cut it but the person either was not with a company or refused to say the name of the company

Charles M.  Baron
Charles M. Baron
answered on Mar 27, 2023

The neighbor is legally responsible. Get an estimate for bamboo from a nursery and demand the neighbor to pay it. If it's no more than $8,000, you may sue in small claims court and probably would not need an attorney.

1 Answer | Asked in Consumer Law, Contracts and Business Law for Florida on
Q: Can I sue?

i used to buy and sell auctioned storage units. i used to bid on the units on a site called storage treasures.com on September 22 2022 I won the auction and I went to go pick it up at the facility when I picked it up they informed me that if I do not clear the unit within 24 hours or the same day... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 24, 2023

Answer to first question: Probably yes, depending on the terms of agreement. To second question: If the amount claimed is 8,000 or less, you would file in small claims court to seek the amount claimed plus court costs.

3 Answers | Asked in Contracts for Florida on
Q: Do contracts apply retroactively to work done in the past?

I started work with a business coach/consultant 3 months ago. When I joined his group program, he didn't have me sign a contract. Yesterday, he sent me one over to sign finally, and I did. Today he removed me from his program. Does the contract apply retroactively to the work we have already done?

Charles M.  Baron
Charles M. Baron
answered on Mar 24, 2023

Only if the contract specifies it applies to the prior work, but even if it doesn't, you would likely have a basis to sue if you are not paid for the work.

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1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Business Law for Florida on
Q: Our pharmacy in FL was burglarized by the alarm company’s tech in 2017. One was caught and sentenced, can we still sue?

The alarm company we hired to install cameras and security system sent out a tech to do the install, that tech later robbed the pharmacy with a help from another person. That second person was caught and sentenced and police immediately knew it was the alarm company’s tech because upon reviewing... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 23, 2023

The Fla. Limitations period for negligence suit is 4 years from either the date of incident or from the time the damage was discovered. Either way, the time is probably up for an action based on negligence, such as negligent hiring or negligent retention. I say "probably" because this... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Florida on
Q: CAN I LEGALLY BE HELD RESPONSIBILE FOR A RETURNED CHECK DUE TO NSF THAT I CASHED AS A MINOR (17Y/O) BY A DEBT COLLECTOR?

When I was 17 years old A relative provided me with a personal check As a gift. And the check was returned due to either non-sufficient funds or some other banking matter from the check writer/issuer's financial institution. A debt collection agency now multiple years later and attempting to... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 23, 2023

I agree with Mr. Denison that the writer of the bad check would generally be the liable party (if there is any liability), but something is missing from your facts. If the check was written to you, what would that have to do with a debt to a third party? Did you endorse the check and make it... View More

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1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Would this be considered illegal search and seizure, in the state of Florida? Also, looking for legal advice.

They initiated a traffic stop under the pretense of improper tag but never made a citation for this and ran a dog around the vehicle that supposedly alerted arrested my father, and then allowed the driver to leave without ticket or confiscating the tag.

Also, another thing is, the facility... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2023

You wrote about two separate issues, an arrest and conditions at a detention facility. Regarding the arrest, an attorney would have to review the arrest report and obtain all the facts. Does the arrestee have an attorney? If so, why look for help online? If no attorney, is help needed to obtain... View More

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Florida on
Q: Am I able to cancel a Medspa loan if services were not performed?Medspa was emailed within 3 bus days to cxl agreement.

The lender (Cherry Tech) states the medspa was paid regardless of whether I received services, and all cancellations must be approved by the medspa, who does not reply to any of my emails, texts, voicemails, msgs. I have been sending cancellation notices weekly for the last two months, no responses... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2023

This is mostly a matter of the terms of your contracts with the service provider and the lender. Schedule a consultation with a lawyer in your area who handles consumer law or breach of contract cases, so that the lawyer can review the contracts and the entire situation. A contract can be a... View More

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