Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Charles M. Baron
4 Answers | Asked in Personal Injury for Florida on
Q: Can I sue a daycare for negligence and personal injury?

My child broke her femur at daycare. They didn’t call 911 they called us. Stated they found her on the ground crying. We picked her up and it was considered a spiral fracture from being stuck. Now we have accumulated mass amounts of medical bills from the transport and surgery. They are also... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 28, 2022

Yes, to add to Mr. Black's answer, you as the natural guardian of your minor child can make a claim, which should start with a prelitigation claim to the daycare's insurance company, and if not settled there, then sue in court. In the event the net settlement to your child (separate from... View More

View More Answers

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Florida on
Q: I am being treated wrong discriminated against abused byy attorney
Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2022

This forum is for asking questions in order to obtain general information that may give you some guidance for your situation. Start a new post with a question.

3 Answers | Asked in Civil Litigation and Personal Injury for Florida on
Q: I am presently being sometimes respected sometimes not by Rubinstein in law. The whole firm has ignored my injuries

My rights I am on SSDI they have been ignored. I went to college for paralegal studies. I am undergoing so many surgies. He put on public record that Megan paradis is suing Publix with no representation. My injuries have been ignored. Now supposedly him and Irwin ast and Leo are my co... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2022

Though you asked no question, you perhaps are wondering if you should fire you current lawyer and hire another one - or maybe you already fired him, as you say he is begging you "to come back". Mr. Black's prior answer is correct that, in that event, your current lawyer would have... View More

View More Answers

2 Answers | Asked in Civil Rights for Florida on
Q: Can I sue the county courthouse for violating my civil rights?

I did not authorize for a release of information to let people access medical record and use it against me.

Charles M.  Baron
Charles M. Baron
answered on Nov 22, 2022

Sorry to hear about your ordeal. The "county courthouse" is not an entity that has the capacity to be sued. If you mean the Clerk of Courts, the Clerk does have the capacity to be sued, but the Clerk may or may not have liability for your particular situation, and in some circumstances,... View More

View More Answers

1 Answer | Asked in Personal Injury and Contracts for Florida on
Q: Could we sue Lowes for leaving live copper wire exposed above the stove in our kitchen after removing the kitchen hood?
Charles M.  Baron
Charles M. Baron
answered on Nov 22, 2022

You mean leaving it exposed, but with no one being injured by electric shock? If so, this isn't a personal injury question, but rather a breach of contract question. If someone WAS injured, clarify and re-post your inquiry. If this is simply a breach of contract due to incorrect... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I break my son's college lease due to recent psychiatric issues he is undergoing which requires a medical withdrawal

The apartment complex does not allow one to break the lease.

Charles M.  Baron
Charles M. Baron
answered on Nov 9, 2022

Sorry to hear about your son's ordeal. I assume your son is on the lease, not you, unless you also signed as a guarantor. Whomever signed the lease, it cannot be unilaterally terminated unless the terms of the lease permit it due to situation you are talking about, and I'd be surprised... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Is there a specific law that can be referenced when a document is invalid?

A lease agreement that has been illegally altered, and was never properly filled out. Also, tenants name is misspelled on every part of the document where it appears. Landlord write in his name as tenant in one place on an addendum. What law requires documents to be properly filled out to be... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 9, 2022

It's a matter of basic contract doctrines under common law (binding appellate court decisions), plus requirements imposed under Florida Statutes Chapter 83. A lease that is "not being properly filled out" may or may not be enforceable. Errors in filling in blanks might be... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: I was served a summons for small claims by 3rd party collection company, the summons did not have my legal name on it

The documents they attached also did not have my name on them, We are a family of three, a Sr, Jr and the 3rd

Charles M.  Baron
Charles M. Baron
answered on Nov 7, 2022

You did not ask any question. If you are want to know what to do about your situation, the answer is to schedule a legal consultation for review of the served documents.

View More Answers

1 Answer | Asked in Lemon Law and Contracts for Florida on
Q: My son bought his first car from dealership in FL he owes a few thousand left found multiple issues what can be done?
Charles M.  Baron
Charles M. Baron
answered on Nov 7, 2022

Your son needs to schedule a consultation with an attorney for review of the purchase contract and the history of the situation. What his consumer rights are depends on a number of factors, especially the terms of the purchase contract and warranty, if any. Regarding the $$ he still owes, if that... View More

2 Answers | Asked in Civil Rights, Federal Crimes, Gov & Administrative Law and Criminal Law for Florida on
Q: What federal laws are broken when a court reporter refuses to hand in a transcript to a litigant?

Several court reporters are refusing to submit a electronic transcript to a litigant in an attempt to conceal a fraudulent court. The court reporters have made unlawful misinformation statements to the litigant and told them that they needed a lawyer for these transcripts, that they had to go to... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 6, 2022

That's weird. A reporter must provide a requested transcript to a party to the case if the party pays the estimated cost up front, and an appropriate motion to the court may be made to seek relief. Which law applies depends on which court you're in.

View More Answers

1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Medical Malpractice for Florida on
Q: Who shall we, the people, contact, to change a statute?

FL Statute 768 is quoted by Lawyers to me, in their efforts to don't present a medical assassins case, every time I consult every Lawyer I've consulted, after a group of Doctors murdered my mother in front of my eyes with their protocols, practices, and deftly persistent actions against... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 4, 2022

So sorry to hear about your tragedy. Florida Statutes are enacted, amended, or repealed by the Florida Legislature, where you are represented by your State Senator and your State Representative. If you don't know who they are, you can find them by inputting your address here:... View More

2 Answers | Asked in Civil Rights and Criminal Law for Florida on
Q: A search warrant was served in a house i was living in, the police lied about an arrest warrant

They had for me, calling me out of the house prior to entry, i was awakened by this and put on a pair of shorts that wrrent mine. They searched me and found drugs. I would have never put on those shorts if they hadnt lied about the arrest warrant because i wouldnt have gone outside. All charges... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 28, 2022

You apparently have a pending criminal charge. You therefore must promptly address your issue with your criminal defense attorney. If you don't have an attorney yet, hire one now , or if unaffordable, determine if the Court will appoint the public defender. Of course it' s not... View More

View More Answers

2 Answers | Asked in Personal Injury for Florida on
Q: Can a lawyer review my personal injury case that my lawyer refused to take to trial?

2 people that we tried to sue, found ways to absolve them of any negligence.

Charles M.  Baron
Charles M. Baron
answered on Oct 28, 2022

To add to Mr. Celeste's answer, if you fire your current attorney, he/she can file a lien against your case recovery for fees, but if your attorney voluntarily quits, he/she cannot do so. You have the right to take your case to trial, but you must be certain, based on legal advice, that... View More

View More Answers

1 Answer | Asked in Contracts for Florida on
Q: I am a student at Florida State University and i am completing an assignment on Monson V Oregon the breach of contract

May you please inform me which judge decided this case and if it was split decision or unanimous?

Charles M.  Baron
Charles M. Baron
answered on Oct 27, 2022

I am shocked that your law school instructors have not advised how to easily find published opinions (with all the info you seek) online, such as on CaseText.com, Justia.com, and other sites. And don't they give you free access to Westlaw and/or Lexis/Nexis?

2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for Florida on
Q: I won a $6000 smallclaims suit against an autoshop.The owner want me to get a lawyer to arrange payment. Can you help?

The owner of an auto repair shop I just won a $6000 small claims suit against want me to get a lawyer to arrange the payment. Can she make me do that? Do I have to do that? Do I have to get a lawyer? Do I have to take her to court again?

Charles M.  Baron
Charles M. Baron
answered on Oct 26, 2022

Can she make me do that? No. Do I have to do that? No. Do I have to get a lawyer? No.

Do I have to take her to court again? Only if she fails to pay the judgment, in which case you may execute on the judgment by garnishing the business's bank account (basically, you can...
View More

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Accident auto, I accidentally hit back of Truck in Tennessee last yr. I've been served a cival summons. So need help.
Charles M.  Baron
Charles M. Baron
answered on Oct 26, 2022

I assume you were sued in Tenn. If you had insurance to cover your liability, the insurance company must provide you with an attorney free of charge. If you did not have coverage, you need an attorney who is licensed in Tenn. You can try the Justia Find a Lawyer tab or contact the Tenn. Bar... View More

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I WAS IN A CAR ACCIDENT JULY 17, 2022 IS THERE ANYTING I CAN DO? THE ACCIDENT WAS NOT MY FAULT.

I WAS IN A CAR ACCIDENT JULY 17, 2022, I WAS NOT INJURED PHYSICALLY, BUT I HAVE GONE THROUGH NOTHING BUT MENTAL FRUSTRATION SINCE. I HAVE STATE FARM INSURANCE WHICH COVERED MY CAR RENTAL OF $1000, THEN ALLSTATE'S CLIENT THAT CAUSED THE ACCIDENT HAS TO PAY UNTIL MY CAR IS REPAIRED. THE PROBLEM... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 25, 2022

Your inquiry is vague regarding "Allstate's client" being responsible to pay. I assume you mean Allstate's insured (the at-fault driver), but he/she would not be personally responsible to pay unless his/her policy limits are reached. Allstate itself is responsible to pay up to... View More

View More Answers

1 Answer | Asked in Constitutional Law for Florida on
Q: How was judicial review established?
Charles M.  Baron
Charles M. Baron
answered on Oct 21, 2022

You can easily find online academic articles on this subject, for example:

https://constitution.congress.gov/browse/essay/artIII-S1-2/ALDE_00013513/ The key case where the Supreme Court established judicial review was Marbury vs. Madison. See more about it at:...
View More

1 Answer | Asked in Contracts for Florida on
Q: I purchased a puppy in July. I financed part of the cost with American Financial at 169.88%. Is this legal?

The loan is over 4 years. The amount financed was just under $3,500. The actual name of the company is American First Finance out of Dallas, Texas.

Charles M.  Baron
Charles M. Baron
answered on Oct 19, 2022

If the APR (annual percentage rate) is 169.88%, that would be illegal, but I am guessing that the 169.88% figure you gave is not the APR. Do you mean the total you would pay in principal and interest ends up being 169.88% of $3,500? If so, the APR would be slightly under 29%. You can calculate... View More

2 Answers | Asked in Land Use & Zoning and Landlord - Tenant for Florida on
Q: I rent a house in florida. my neighbor has a big trailer that is parked on his land but trailer hovers over my land

The wheels are on his property but about 5 feet of the trailer sticks out into my yard where my kids play. would it be the same law if a tree branch from another yard hangs over your yard?

Charles M.  Baron
Charles M. Baron
answered on Oct 19, 2022

If a neighbor's tree branch hangs over your land, you may cut it down. You can't chop off the end of their trailer, but you can demand that it be removed, and if the neighbor fails to comply, you may file a lawsuit to seek an injunction - that is, a court order to remove it. If your own... View More

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.