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Questions Answered by Charles M. Baron
1 Answer | Asked in Personal Injury and Divorce for Florida on
Q: Yes I asked my attorney who is a personal Injury attorney & has told me he does not know & to ask a family attorney

If I receive a personal Injury settlement in Florida will mt husband be able to access it?. My husband and I have been separated for over 12 years and we live seperate lives in separate households. If we go ahead with the divorce now will the settlement be part of my assets? Yes I am on a full... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 22, 2023

Okay, so at least two attorneys have now recommended that you see a family law attorney. I hope your personal injury attorney knows about the disability benefits protection issue - that is part of his/her job.

[For others seeing this post, the inquirer is adding to her...
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2 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: I was I injured in a car accident & i am about to receive a settlement. Is my husband entitled to any of my settlement?

My husband and I live in Florida. We have been seperate for about 12 years, living in seperate households. We do not exchange money between households. The personal injury settlement was because I was in a car accident. I am on a full disability, SSDI. I have been on a full disability for about... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 22, 2023

I'm assuming you have a lawyer. If I'm right, I'm wondering why you're you asking this question online. Is there a problem with your lawyer's representation and advice? Is there a communication problem? If so, that is an issue that needs to be resolved as quickly as... View More

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1 Answer | Asked in Civil Rights, Civil Litigation and Personal Injury for Florida on
Q: What is the civil statute of limitations for the victim of attempted murder in Florida?

I was the victim of a stabbing about 20 years ago. It still mentally affects me to this day. It has also affected where I would be financially, my work progress and status, and my overall quality of life. The perpetrator was caught quickly since I knew him and was placed in a mental facility for... View More

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

Sorry to hear about your ordeal. I can tell you generally what the limitations period would be in a situation like this, but any question on the limitations period for an incident causing damage to you is a question asking for specific legal advice to rely on - which cannot be answered in this... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can an apt mgr make you pay new rent increase BEFORE you lease is up? New rent 11/1/23. My lease expires 12/31/23.

Palm Port Apts in North Port, FL. Everyone is having the same confusing issue.

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

Only if the lease says the landlord can do it. Ask the manager which lease provision permits rental increase during the lease term. If not permitted under the lease, you may want to hire an attorney to send a letter, or if you cannot afford that because you're indigent, contact your local... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Is sending an arrest report that is truthful, public information to someone’s employer stalking in Florida?

My brother and his wife have harassed me repeatedly. They claim that I sent an arrest report to his wife’s employer. The arrest report was entirely accurate and all public information, but they call it stalking.

I had not seen this woman in nearly five years. The email they cited does... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 19, 2023

Your inquiry is unclear as to whether you are in domestic violence court or in a lawsuit for money damages, or both. In any event, where you can get help is (A) this website, by clicking on the Find a Lawyer tab at the top left, then searching for a lawyer in your geographic area who handles the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: I rented out an Airbnb for the weekend and when we got ready to go to bed I felt something biting me it was bed bugs

What should I do I was terrified and scared to go to sleep I stayed up the entire night.My daughter literally scratched until blood was coming out her arms from the bed bugs.I asked for a full refund the owner said no and denied that there were any bugs when I have videos and pictures of the bugs... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 18, 2023

You must review AirBnb's terms and conditions for resolving disputes. They have a process that you agreed to when you reserved the unit. That process entails first contacting the unit owner with your proposal for resolving the issue (for example, demanding a full refund), then there are... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Legal Malpractice for Florida on
Q: Can a magistrate find me guilty for failure to obey traffic control device if it was on private property?

The sign was not removed when originally installed upon construction in of previous business in 2015 which was later demolished and property sold. There were no agreements established as per Florida Statutes, and they are neither regulated nor maintained by neither the City , nor the FDOT. Sign is... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

Sorry to hear about your ordeal. You are basically asking if the traffic magistrate can convict someone who shouldn't be found guilty. That's the same as asking if the magistrate has the power to make an incorrect decision. The answer, unfortunately, is yes, and the magistrate is... View More

2 Answers | Asked in Civil Litigation, Small Claims and Personal Injury for Florida on
Q: can you sue in small claims court Florida for events created leading up to an injury
Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

You inquiry is vague as to what you mean by "events created...". If you have been damaged/injured by the unlawful act of another, you can sue in small claims court for up to $8,000 plus court costs, and in some types of cases, attorney's fees and prejudgment interest are awardable... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Car Accidents for Florida on
Q: My wife crashed our car in September 2022, my insurance paid around 24K to a local bodyshop but my car it's not fixed

I already did a police report around 3 weeks ago but nothing has changed, this September 22 will be a year that I am making my car and insurance payments and my main concern is that it is a lease car I have 1 year left and I don't have a car, the repair bodyshop took the money and never fixed my car

Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

You need to either schedule a consultation with an attorney or contact a government consumer protection agency. For the latter, you can dial 311, the Miami-Dade County switchboard, and say you need to make a consumer complaint, or contact the Fla. Dept. of Agriculture and Consumer Services.

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3 Answers | Asked in Constitutional Law and Real Estate Law for Florida on
Q: Is a homeowner entitled to fly a political flag as well as an American flag?

I received a letter from the HOA stating that under Florida Statue 720.304, I am not entitled to fly a political flag along with my American flag

Charles M.  Baron
Charles M. Baron
answered on Sep 14, 2023

Florida Statute Section 720.304 is clear and understandable; you do not need a lawyer to interpret it. You can easily find it online, and here's the official web page for it: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.304.html... View More

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1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Florida on
Q: What to do if I woke up sick Sunday but have a court pre-trial hearing tomorrow on Monday afternoon? (Covid)

Recently exposed to someone who had Covid. I woke up today sick, fever sore throat, but have court tomorrow. Today is Sunday so I won’t be able to contact the court till tomorrow - and my hearing is at 130pm the same day. It’s a pre-trial for a traffic ticket I chose to dispute. How easily will... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 10, 2023

What action you should take depends on whether you're well enough to appear. "Don't want to get others sick" is not an issue because you can simply wear a mask. If you're not well enough to make the trip, the best thing you can do is, first, try to reach a traffic ticket... View More

1 Answer | Asked in Wrongful Death for Florida on
Q: My husband died while he was in county jail from a drug overdose. Do I stand a chance fileing a wrongful death lawsuit?
Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2023

Yes. If the overdose was by medical staff, it's a potential wrongful death claim based on malpractice. If an illegal drug voluntarily taken, it's a potential wrongful death claim based on negligent supervision, but the claim would face some hurdles. If malpractice, consult a lawyer... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: What will be my right or what’s the legal advise when a neighbor to close to my patio smoke cigars and marihuana ?
Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2023

First step is to try to amicably resolve the problem. Have you spoken to the neighbor about how bad the smoke makes you feel? Beyond that, you have two separate issues, the cigar, which is legal, and the marijuana, which is illegal in Fla., unless in use under a medical prescription. One option... View More

1 Answer | Asked in Contracts for Florida on
Q: I have few questions about a contract breached by homeowner. No payment.

I was contracted to do some work in a pool. Homeowner didn't want to pay accordingly to our contract and after 3 weeks and many attempts to get the money and continue the work (95% done, I sent a certified letter of "termination of contract" where indicates that effected... View More

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

To obtain reliable legal advice, you'd need to schedule a consultation with a lawyer to review the contract, communications, etc. Generally in this kind of situation, if the contractor says, "pay the overdue balance now, or else....", the contractor in essence is making a new... View More

2 Answers | Asked in Contracts and Probate for Florida on
Q: Joint homeowners policy, one person dead, had a claim, unable to cash check due to written out to both party’s.

Unknowingly my deceased mother was still on our joint homeowners policy. Recently had a fire, and they’re sending me checks in both of our names, and I am unable to cash them. How do I cash these checks or get them to make it out only in my name? Can they cancel my insurance for this?

Charles M.  Baron
Charles M. Baron
answered on Sep 4, 2023

Sounds like you haven't contacted the insurer to address the problem. Why not? The sole fact that your mother died should not be a reason for the insurer to cancel the policy. If there were some misrepresentation or faked signature in the initial application or renewal process, and that... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Can a cop take my gun out my vehicle without me present just because he saw it in my vehicle?

I was in Walmart and the cop was at my vehicle with my 3 kids and asked my oldest (15) to get out of the vehicle and to sit in the driver's seat because he couldn't see what she was doing and felt uncomfortable. My daughter got out and went and sat in the driver's seat and when she... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 26, 2023

This would be an legal analysis under the Fourth Amendment's search and seizure clause, which depends on an examination of the full set of facts and circumstances surrounding the officers' actions, and which usually involves balancing the rights of the person confronted by the police... View More

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3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”

Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”

Can a case dismissed without prejudice be reopened after the statute of limitations and ask the cases be related back to original filing if the claim stays t

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

To add to Mr. Clifton's and Mr. Apkinar's answers, while you GENERALLY cannot re-file a case with the same causes of action after the limitations period has expired (even though a dismissal is without prejudice), there are exceptions to that general rule, such as the equitable tolling... View More

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1 Answer | Asked in Contracts for Florida on
Q: Is it legal for a car dealership to cancel a signed contract after I leave the lot

I’m asking cause I just went through that last night for the simple reason that I questioned some of the options that I was told I had and the MAIN REASON is that I said if I had to leave a review at that moment it would be negative and the GM got all up over the thought of a bad review

Charles M.  Baron
Charles M. Baron
answered on Aug 22, 2023

Generally, no, if there’s not a loan problem, such as the lender disapproving the loan. However, whatever cancelation terms are in the purchase contract would apply. Ask the dealer what provision of the contract enables the dealer to cancel. If there's no logical answer, the dealer is... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: I was living in a shelter and the case manager insulted me about my HIPPA and phi rights. Also contracted COVID there.

I was wearing a mask while residing at the shelter when one of the staff members told me to remove it and shortly after I contracted COVID from other Patrons at the shelter. Then they kicked me out of the shelter while I suffer from depression and anxiety causing me to mentally, physically and... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 20, 2023

Regarding the Covid issue, possibly, if it was foreseeable that you'd likely contract Covid if forced to remove your mask, and there was no rational justification to force mask removal. That may or may not be proveable. Regarding removal from the shelter, their reasons would have to be... View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Florida on
Q: I got a final order or stipulated final order on code compliance in Hollywood- I did not get notice - tenant retaliation

It says I have thirty days to appeal- July 19,2023-- 30 days - I got no notice and I believe that my tenant altered my condo and then in anger reported code violations to Code Complaince--

It seems I need to file an appeal by August 18-- The violations were done by tenant who left... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 18, 2023

It depends on what section of the city code applies. For some appeals of this nature, there would be an "up-the-ladder" process within the city administration. For some other appeals, you must instead file an appeal or a petition in the Circuit Court, which is more technically complex... View More

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