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Questions Answered by David Hughes Harris
3 Answers | Asked in Car Accidents for Florida on
Q: hello I was wondering if you have to pay back Progessive they paid out on a claim I was in an bike accident

as we got an settlement after paying bills didn't have much left we lived in calf at the time last year

David Hughes Harris
David Hughes Harris answered on Sep 5, 2019

If a Florida accident and insurance policy, then your PIP does not get reimbursed (unless you had a deductible which wasn't paid) but Medical Payments (also known as MedPay) does get reimbursed unless waived.

If your policy was issued in another State, then different law and policy rules...
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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: If my now deceased dad have a pending injury lawsuit, does the funds pertaining to the lawsuit goes to his wife?

Or his children?

David Hughes Harris
David Hughes Harris answered on Jul 17, 2019

If a lawsuit is pending in court and the plaintiff dies, then a Suggestion of Death is filed, an estate created in the Probate Court, and the Estate is then substituted in for the deceased plaintiff.

Only an Estate is legally recognized to proceed as a party under FL law. The Estate is...
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2 Answers | Asked in Family Law, Child Support, Probate and Wrongful Death for Florida on
Q: As the whole world may know... My father life was taken right in front of me on June 16, 2019 on father's day night...

My question is.. My dad was married, but separated for close to or over a decade or so... His wife claims to have no time or wanted to take time to deal with his funeral arrangements with cost or anything...

Does Florida law prevent his kids from being in first control of everything when... Read more »

David Hughes Harris
David Hughes Harris answered on Jul 16, 2019

Sorry to hear of your loss.

An adult survivor, including child over the age of 18, who otherwise meets the requirements under Florida, can be a Personal Representative of the Estate. Consult a probate lawyer about next steps.

Please note that while your dad was "separated," Florida...
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5 Answers | Asked in Car Accidents and Wrongful Death for Florida on
Q: What can a widow and child collect for death of husband and father who was killed in a car accident

Car made illegal Uturn in path motorcycle

David Hughes Harris
David Hughes Harris answered on Mar 15, 2019

So sorry to hear about this tragedy. My heartfelt condolences to your family.

Florida's Wrongful Death Statute (and court decisions interpreting the statute) provides for the following damages:

Widow's Damages -

1. Loss of Decedent's Companionship and Protection...
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2 Answers | Asked in Wrongful Death for Florida on
Q: Can I wait to hire a probate attorney in a pending wrongful death case? Probate is open and no assests unless we win.
David Hughes Harris
David Hughes Harris answered on Mar 3, 2019

So sorry for your loss. Not sure what this question is really asking, but under Florida law, there is two (2) year statute of limitations on wrongful death claims. See Fla. Stat. 95.11(4)(d).

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4 Answers | Asked in Wrongful Death and Medical Malpractice for Florida on
Q: My dad died due to a doctor's negligence during surgery. Should his family file both medical malpractice and wrongful

death claims?

David Hughes Harris
David Hughes Harris answered on Dec 27, 2018

So sorry to hear of your huge loss. Just terrible.

If medical malpractice caused the death, then this would be a wrongful death claim. There are several steps in investigating and pursuing such claims, from creating an estate in probate to consulting an experienced personal injury lawyer...
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6 Answers | Asked in Wrongful Death for Florida on
Q: If the state of Florida plans to charge the individual who ran over and killed my wife with a DUI, can I still file a

wrongful death claim or do I have to wait until the criminal matter is resolved?

David Hughes Harris
David Hughes Harris answered on Nov 26, 2018

So sorry to hear about your loss.

Yes, one may proceed with a wrongful death claim while a criminal charge is pending. The person who brings the claim must be appointed as Personal Representative (PR) of the Estate by the probate court. Only the PR is authorized to pursue claims, settle...
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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I was hit by an uninsured driver. My car is to totalled and I only have liability coverage from my insurance. What other

Options do I have concerning compensation for my vehicle and a personal injury claim. I must add that the vehicle and car insurance was in my husband's name only.

David Hughes Harris
David Hughes Harris answered on Oct 11, 2018

If I understand the question, uninsured driver strikes your vehicle and you are injured; however, you also don't have uninsured motorist (UM) coverage.

These circumstances do present a real challenge to compensation.

If the vehicle was owned by someone else, then you can pursue the...
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2 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: Why is my insurance company paying?

I was a passenger in an Uber accident. My attorney is harassing me for my insurance information so they can cover my medical bills.. I was a passenger, not a driver. This wasn't my fault. Why is my insurance company paying? Doesn't Uber have a 1,000,000 insurance policy?

David Hughes Harris
David Hughes Harris answered on Aug 7, 2018

In Florida, your Personal Injury Protection (PIP) is your mandatory health insurance for auto-related injuries. It is also known as the No-Fault law. So, in any accident in which you are a driver or passenger, your own PIP pays your medical bills (80% of reimbursement rate) up to $10,000.00.

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1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: Where do I find the Florida 627 form?
David Hughes Harris
David Hughes Harris answered on Jun 11, 2018

If you are requesting insurance disclosures, there is no official form. Instead, you send a letter requesting disclosures pursuant to Florida Statute 627.4137 (here is link: http://www.flsenate.gov/Laws/Statutes/2018/627.4137).

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627.4137 Disclosure of certain information...
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1 Answer | Asked in Wrongful Death for Florida on
Q: Is there any pool safety requirements after final inspection of pool? Do requirements of building codes still apply?
David Hughes Harris
David Hughes Harris answered on May 29, 2018

Generally, pools must be dual drain and have safety guarding (fence or alarm at doors/sliders onto pool deck) per federal and FL law. Even after a pool passes building inspection, access to the pool is an ongoing maintenance/safety issue.

2 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: Not having uninsured motorist ins., injured to necessity of surgeries. Can't the at fault drivers ins.co be sued?

Cannot get Drs to care for me as ins co. Said I have no more health coverage.??

David Hughes Harris
David Hughes Harris answered on May 19, 2018

Doctors, hospitals, etc. want to get paid for their services now. They generally don't wait for your claim/lawsuit against the other driver--which can last many months or even years--to conclude before they get paid. It is also a risk because if your claim is not successful for some reason, then... Read more »

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3 Answers | Asked in Wrongful Death for Florida on
Q: Both of my parents were killed in a terrible accident. Do I make two separate wrongful death claims or just one?
David Hughes Harris
David Hughes Harris answered on Apr 3, 2018

So sorry to hear of the terrible losses you suffered. Unimaginable.

Each individual parent has his/her own estate. Accordingly, you would be appointed Personal Representative of each respective estate. And, generally, both estates could file a claim the same wrongful death civil...
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2 Answers | Asked in Personal Injury and Legal Malpractice for Florida on
Q: How long does my attorney have to pay me the share of the settlement in my case that was received?

They notified me two weeks ago that payment was received at their office and they would be sending me a check. We have already reviewed and signed a closing statement. We know how much money they are sending us. They have promised the check a week ago. Now I am getting excuses about their... Read more »

David Hughes Harris
David Hughes Harris answered on Mar 22, 2018

There is no set timetable, but it should be reasonable and done as soon as practicable and possible.

Settlement disbursement timing always depends on the circumstances. If there are liens (e.g. Medicare, Medicaid, private health insurance, etc.) or health provider balances (e.g. doctor(s),...
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4 Answers | Asked in Car Accidents for Florida on
Q: I was in a car accident in 1/8/2018 the other driver was ticketed her ins. Co. Ac. Has accepted liability I live fl,

I sent a demand letter and asked fir a reply in 14 days due to accident I will require back surgery, but I have to settle before then for the money i have to pay dr.i can't hire an attorney due to the limits on the other ins.what can I do to have them take me serious in my demand and reply to me

David Hughes Harris
David Hughes Harris answered on Mar 21, 2018

Unfortunately, it is difficult to handle a major claim without experienced counsel. These can be challenging claims, and you could do harm to the compensation value of your claim. Accordingly, I suggest you consult an attorney about your circumstances, and then decide whether you still want to... Read more »

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3 Answers | Asked in Wrongful Death for Florida on
Q: Are survivors entitled to recover damages for their emotional distress? If so, is there a maximum amount?
David Hughes Harris
David Hughes Harris answered on Mar 20, 2018

Qualified family members may claim such damages. There is generally no cap, unless against government agencies or other entities so designated by law.

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3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Can I sue my doctor?

I had a doctor perform an ERCP on me and he messed up causing them to need to put a stent inside of my body to prevent pancreatitis since he irritated my pancreas. Now I'm getting charged thousands in total because of the procedure, visits, and now the procedure to take it out. Can I do anything?

David Hughes Harris
David Hughes Harris answered on Mar 13, 2018

Consult a lawyer.

Medical malpractice claims are very challenging under Florida law, even where a clear error is made. Accordingly, consult an attorney experienced in medical malpractice in your locale. These consults are typically free.

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2 Answers | Asked in Business Law and Personal Injury for Florida on
Q: Can a bagged salad company be responsible for medical bills related to food contamination?

I made a bagged salad kit after work and ate about half of it when I chewed something mushy and spit out what was clearly a slug. I know people eat snails but slugs are different so I freaked out. After I threw up from being disgusted I had so many questions. Do they carry salmonella, what kind of... Read more »

David Hughes Harris
David Hughes Harris answered on Mar 11, 2018

Every product liability claim like this requires evidence/proof.

If you can prove (a) your food was contaminated, and (b) your illness or injury was caused by the contaminated food product, then (c) you may pursue a claim for damages (financial compensation).

If no actual harm...
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5 Answers | Asked in Car Accidents for Florida on
Q: Insurance company of person that hit my wife is refusing to pay for full amount of damage quote.

Wife was at a stop and other person hit her. All sides agree to this. Minor damage but I got a quote from one company and agreed to get one from who they “recommend “. They refuse to pay the quote from my preferred repair company. Say I have to pay difference. Not looking for money just my car... Read more »

David Hughes Harris
David Hughes Harris answered on Mar 3, 2018

You may take the at-fault driver to small claims court.

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2 Answers | Asked in Car Accidents for Florida on
Q: What happens if the people I’m sueing in my auto accident claim don’t have any money?

I was wondering what would happen in this scenario. I was in an accident which left me with several damaged discs among other injuries, a totalled car(his insurance paid me it’s worth but I still owed over 5 grand of what is was worth so I lost 5 grand and my stable transportation), the inability... Read more »

David Hughes Harris
David Hughes Harris answered on Feb 26, 2018

Sorry to hear about your circumstances.

There are generally two direct sources of compensation in a car crash. There is the other driver's bodily injury (BI) liability coverage, and your own uninsured/underinsured (UM) coverage (if you have not rejected this coverage).

There may be...
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