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Questions Answered by Charles M. Baron
2 Answers | Asked in Personal Injury for Florida on
Q: When is an auto insurer required to reveal policy information and limits ?

The driver of a vehicle was found to be at fault after running a red light (in view of a police officer), and causing an accident that injured me (fractured rib and partial collapsed lung). The at fault driver's insurance has officially (in writing) stepped in to "manage" (oversee?... Read more »

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

First, it would be extremely foolish for you to represent yourself in the described situation, unless your case has been turned down by a few personal injury attorneys. Is the latter the case? The insurer should not be "managing" you. In any event, there are two ways to obtain the... Read more »

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3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: My wife are 76 and 73 years, worked all our life. Being sued by 38 yr old son for damages.US Den Dist Ct # 1:2022cv00321

Son is disabled and misguided throughout his life. What are the options?

Charles M.  Baron
Charles M. Baron answered on Feb 17, 2022

Your options are to defend yourselves in the lawsuit, for which you should hire an attorney, or to not defend yourselves, which will result in a money judgment against you by default. Your inquiry does not indicate the alleged grounds for suing you. If they are something with no genuine factual... Read more »

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1 Answer | Asked in Collections for Florida on
Q: I'm being sued by capital one for credit card debt. I haven't been officially served yet. Should I respond now?

I've only received mailed solicitations from local lawyers with a case number. I have not received anything official. The file date is 1/25/22. Pretrial is set for June. Debt amount was $3,000

Charles M.  Baron
Charles M. Baron answered on Feb 5, 2022

You are under no obligation to file a response to the lawsuit until 20 days after you are served. (But if a small claim of $8K or less, you don't need to respond at all; you instead appear for a pretrial conference.) You have the option to respond without being served, but in most cases,... Read more »

2 Answers | Asked in Contracts for Florida on
Q: I want to buy a leased car at the termination of the lease.

The lease documents say the residual value is $11,986. The dealership is saying it would cost me $15,454. Can they charge more than the residual value?

Charles M.  Baron
Charles M. Baron answered on Feb 5, 2022

They can charge only according to the contract terms, nothing more. Also, this is not a matter of what's on the law books, but rather what's in the contract. So ask them to point out the term(s) on which they are basing the additional charge. If they point out such term(s), but you are... Read more »

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2 Answers | Asked in Contracts for Florida on
Q: If a company does not have a stated fee for severing a contract that I signed, are they allowed to charge me a fee?

It was never discussed that there was a fee for 'breaching contract'. But then I was told that it would be a $3,500 charge

I recently spoke to them again about this and now they have changed the fee to $5,000. Unfortunately, this conversation occurred over the phone and they are... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 30, 2022

Not sure what you mean by "severing". If you mean that, after entering into a binding contract that obligated you, and with no opt-out period or other agreed upon termination rights, you said, "The heck with that, I am un-obligating myself", that could be a breach of contract,... Read more »

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1 Answer | Asked in Civil Rights for Florida on
Q: How do I sue the police department?
Charles M.  Baron
Charles M. Baron answered on Jan 10, 2022

There is no simple, on-line answer to your question. You need to schedule a consultation with an attorney handling civil rights matters. It indicates above your question that you writing from South Carolina, but it went into the inbox for Florida attorneys, so not sure where you incident was.... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: I was arrested for a bad check my father wrote, we share the same name. He is disabled and I went to the store for him.

My father is disabled and I have to go to the grocery store for him. A check bounced, he was informed and tried to recover the check, they said they could not find it. Months later I was arrested for the check. It was my father's, and he tried to get the check. We share the same name, I am the... Read more »

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

You did not ask a question, but I guess you want to know what should be done about this, and perhaps you want to know if you may make a claim for money damages due to wrongful arrest. If the criminal case is still pending, you must focus on getting yourself cleared of the charge, which means you... Read more »

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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I feel like I'm being discriminated against at my job how would I go about seeing if it is worth hiring a lawyer?

I have requested to either work at home or get a shift a change from my current job due to child care conflict and they claim there is nothing they can do for my shift change but they have done it for other employees.

Charles M.  Baron
Charles M. Baron answered on Jan 3, 2022

The initial inquiry here is whether you believe you are being discriminated against (that is, being treated differently than others) based on race, color, national origin, religion, sex, sexual orientation, pregnancy, parental status, age, or disability. Is there a difference between you and the... Read more »

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3 Answers | Asked in Contracts, Personal Injury and Constitutional Law for Florida on
Q: Can HOA's create rules in their bylaws that circumvent state laws they operate within.

I live in Florida and the state law identifies what common areas are, but the HOA bylaws say the board has broad discretion with respect to what common areas are and the HOA has used this broad discretion to bill only certain homeowners for cost to maintain common area's deeded to the hoa.... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 3, 2022

The HOA must comply with local zoning ordinances - but, as Ms. Stage indicated, your inquiry is unclear as to the what zoning ordinances have to do with your issue. You may want to ask your local zoning office if there is an issue; otherwise, schedule a consultation with an attorney.

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2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: How much is a permanent scar and no pigment in a knee for my 17 year old worth?

Son was in a rollover accident in someone elses car. He had an avulsion wound to the knee. He has a permament scar on his knee, he will always have to protect from sun and it will never have feeling on it.

Charles M.  Baron
Charles M. Baron answered on Jan 2, 2022

Under the law, there is no "set" value for any bodily injury, but based on statistical data, the industry considers certain dollar ranges to be reasonable for particular injury and medical treatment scenarios.

I agree with Mr. Maaswinkel but would add that, regardless of the...
Read more »

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2 Answers | Asked in Car Accidents for Florida on
Q: Who is responsible for lost wallet in car accident?

I lost my wallet with $600 in it after a car accident. I left the wallet in my truck and when I went to retrieve it the next day from the tow truck company the wallet was gone. Is my insurance company responsible?

Charles M.  Baron
Charles M. Baron answered on Dec 29, 2021

Yes, if you purchased comprehensive coverage (includes theft). Otherwise, you can make a claim to the garage's insurance company. And Mr. Thorgaard is correct that you need some type of proof, such as a bank statement showing a withdrawal of the cash.

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2 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: My brother bought from my co-owner his investment in the property, 30%. Now, in a partition lawsuit he's claiming 66%.

I offered my brother to pay off the loan to my ex-partner $74,000.00 for the part that he owned in the house (30%) so that one day he could receive the benefit of my investment of $ 150,000.00 in cash. My brother accepted the offer, a contract with a lifetime guarantee. At the closing of the... Read more »

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

Ms. Kim, in her answer, was on the right track but gave a link to a legal services agency in another part of the State. For the Miami area, contact Legal Services of Greater Miami - see: https://www.legalservicesmiami.org

or Dade Legal Aid Put Something Back - see...
Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation and Identity Theft for Florida on
Q: My cousin stole many valuable things of my home that belong to me and my husband including our social security cards e….

My cousin is so jealous of me and my husband lying to authorities about us both. What legal actions can I take?

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

Your inquiry indicates that you writing from Indiana but directing it to Fla. attorneys. If this is an Indiana matter, you must direct your inquiry to Indiana attorneys. If it's a Fla. matter, more facts would be needed to evaluate this and determine what actions can or should be taken. Of... Read more »

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: I do not have a non compete. I was terminated. Can I be sued for telling my clients to come with me in a Google review?

I posted the truth of my firing and told my clients how to find me in a Google review under the business website. Is this actionable?

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

Depends on whether your actions could be viewed as stealing your former employer's clients, which could give rise to a suit for tortious interference with contractual business relationships or advantageous business relationships. The absence of a non-compete clause may be irrelevant in that... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Florida: recently married. New spouse owned property prior to marriage. If I am in a car accident and it’s my fault can

The injured party sue them and their property if owned prior to marriage?

Charles M.  Baron
Charles M. Baron answered on Dec 17, 2021

I agree with Mr. Thorgaard (in the event you are talking about you driving a car that is in your spouse's name or a car that is in your names jointly) - and owning prior to the marriage is irrelevant. The ownership that is relevant is who owns what at the time of the accident. If you are... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Insurance Bad Faith for Florida on
Q: Is a Bails Bondsman allowed to hand cuff you, put you in a dark room, force the person signing for your bail to go to

their vehicle and get the purse of the person on bail and make the signer get into the purse and pull out a credit card and run the card for 3500 dollars and then bring the person on bail out to the desk still handcuffed and force them to sign a collateral receipt and take 50 dollars cash from the... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2021

For this issue, you must consult a criminal defense attorney (either hired by you or court-appointed). Bail bondsmen have certain limited powers to detain a defendant who has failed to appear in court while on bond. Whether the one in your situation went beyond their legal powers is a question... Read more »

1 Answer | Asked in Civil Rights, Federal Crimes, Government Contracts and Wrongful Death for Florida on
Q: What is the best way to find/establish a lawful team to sue a prison for negligence, wrongful death, & other violations?

Prison Location: North Carolina

My Location: Florida

Relation to deceased: Daughter

Date of Death: 10/18/2020

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2021

So sorry to hear about your daughter. Since this happened in North Carolina, you must search for an attorney in that state. Look for attorneys handling civil rights. Options: (A) Click on the Justia find-a-lawyer tab up top; (B) Search the National Lawyers Guild site at... Read more »

2 Answers | Asked in Contracts and Education Law for Florida on
Q: Can a college program change the passing percentage requirement from 75% to 78% while I am mid-program?

I am in a 2-year, 4 semester program at my state college. During admission and acceptance into the program, it was stated in the handbook that we needed a 75% "C" to pass each semester. During the beginning of my 3rd semester, the director of the program decided to change it to 78%... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2021

The first issue is whether the change caused you, or will cause you, to flunk. If you pass, I think your question is purely academic and not fodder for a legal action (that is, forcing you to study a bit harder won't cut it). If you flunk, however, you would have "legal standing"... Read more »

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2 Answers | Asked in Civil Rights for Florida on
Q: Do you have to answer “yes” if a police officer asks you if you’ve ever been arrested if the prior charge was dismissed?

If you were arrested, but the charge was expunged / dismissed / or adjudication withheld, and then in the future a police officer pulls you over and asks you if you’ve ever been arrested, are you required to answer “yes”?

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2021

Not sure from your inquiry if your prior criminal case was expunged, which is far different than a dismissal or a withhold of adjudication. If expunged (and the expungement process is totally complete), and that is the only charge in your life, then you can deny having any prior charge because... Read more »

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2 Answers | Asked in Contracts for Florida on
Q: If someone takes you to court for something they say they didn't get and at the hearing he gives the court a picture of

The parts he claimed he didn't have

Is that froud

Charles M.  Baron
Charles M. Baron answered on Nov 25, 2021

More facts are needed in order to answer your question. A fraud analysis is a very fact-dependent inquiry, as specific intent must be evident. Also, you did not ask what should be done if there does happen to be fraud, so it is unclear what your goal is here.

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