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Questions Answered by David Hughes Harris
2 Answers | Asked in Wrongful Death for Florida on
Q: Are public school teachers entitled to official governmental immunity in wrongful death cases?
David Hughes Harris
David Hughes Harris
answered on Feb 22, 2018

Yes and no. For purposes of this question, I will assume the incident occurs while the teacher is on-the-job (also known as "acting within the course and scope of employment").

For State law claims, the public school teacher receives limited "sovereign immunity" from...
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1 Answer | Asked in Car Accidents for Florida on
Q: In Fl. if the at fault driver does not have enough coverage,ie medical and special damages can i then go to my in

Go to my insurance for additional amount

David Hughes Harris
David Hughes Harris
answered on Feb 12, 2018

Yes--if you have Uninsured/Underinsured Motorist (UM) coverage.

There are special rules in your policy applying to UM. For example, you cannot settle your case with the at-fault insurance/driver without obtaining permission from your UM carrier, etc. So, you need to be careful. Perhaps you...
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3 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: How can I find out the liability limits of the at fault driver that hit me in florida
David Hughes Harris
David Hughes Harris
answered on Feb 11, 2018

Florida Statute 627.4137 (pasted below):

627.4137 Disclosure of certain information required.—

(1) Each insurer which does or may provide liability insurance coverage to pay all or a portion of any claim which might be made shall provide, within 30 days of the written request...
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2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Florida on
Q: Yesterday I had my leg pinned against the steel by a faulty power jack after telling a supervisor my Jack was faulty

After telling him the jack was faulty I asked for a new one he insisted I stay on that one and stick it out. Shortly after, attempting to make a U turn down an aisle, the jack, being faulty got stuck in "forward" and smashed my leg against the steel. Would that fall on me or PFG staff for... Read more »

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

Workers comp applies regardless of fault.

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2 Answers | Asked in Personal Injury for Florida on
Q: What does a settlement negotiation phone call consist of

Pertaining to personal injury claim

David Hughes Harris
David Hughes Harris
answered on Jan 18, 2018

Thanks for this question. Personal injury settlement negotiations can take on any shape or scope and start at any phase of the representation. There is no one-size-fits-all.

Generally, these often begin in writing or by phone. Your lawyer advocates your position--outlining the facts (how...
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1 Answer | Asked in Wrongful Death for Florida on
Q: What if my stepfather dies from a wrongful death, and my mother(wife) files a suit, she pass who gets the settlement?

My stepfather died for wrongful death. My mother which is his wife passes away. Who is gets the settlement?

David Hughes Harris
David Hughes Harris
answered on Jan 16, 2018

If the surviving spouse was appointed Personal Representative ("PR") by the Probate Court, then a new PR must be appointed. Generally, the Estate's beneficiaries will receive settlement funds once the Estate's creditors are paid. You should check with the attorney handling the... Read more »

2 Answers | Asked in Wrongful Death for Florida on
Q: My Question is Why when my mother's wrongful death case was settled my step father received the monies and I didnt

Case is in Florida - I was told that I have no rights as an adult child when the case was settled . However I am listed as a beneficiary in the probate along with my stepfather and the other creditors so I am confused.

David Hughes Harris
David Hughes Harris
answered on Jan 9, 2018

The Personal Representative (PR) appointed by the Court is in charge of the estate. If your stepfather is the PR, then he controls the Estate, but must act in good faith and fair dealing on behalf of the Estate. Adult children are typically beneficiaries, meaning they are eligible for distributions... Read more »

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1 Answer | Asked in Car Accidents for Florida on
Q: In Florida at tires plus a technician backed my 2016 Camry into another and dented my bumper what should I do
David Hughes Harris
David Hughes Harris
answered on Jan 6, 2018

Take photos. Get names of any witnesses. Make a claim with Tires Plus. The owner of the vehicle which the technician backed into should also make a claim (strength in numbers) for the property damage.

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Who gets sued in a car accident? The owner or the driver?

I’m wondering who gets sued in these incidents. I was in an auto accident and I have a very well known firm working on the case. The only question I have is every documents says the case is against the owner of the vehicle, instead of the person driving the vehicle who hit me, the owner wasn’t... Read more »

David Hughes Harris
David Hughes Harris
answered on Jan 5, 2018

Generally, both the driver owner may be held liable under Florida law.

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2 Answers | Asked in Wrongful Death for Florida on
Q: Is it possible to sue the state itself for wrongful death or does it have to be an individual?
David Hughes Harris
David Hughes Harris
answered on Jan 2, 2018

Unsure of where your question is going. So, I'll give you a brief summary.

in the civil context, a wrongful death claim is brought by a court-appointed Personal Representative on behalf of the decedent's estate against a person or entity (private or public) for damages (financial...
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4 Answers | Asked in Car Accidents and Workers' Compensation for Florida on
Q: I recently got into an auto accident and I was the passenger due to the accident my back and neck are messed

I was in a company truck and they said i cant get wc is that true

Now i have therapy 3 times a wk and scheduled an Mri appt

what is my options

David Hughes Harris
David Hughes Harris
answered on Dec 31, 2017

WC is available to employees only who are injured while working.

Your own Personal Injury Protection (PIP) will cover your related medical bills (80% reasonable and necessary). Call your insurance carrier and notify them of the crash and request your PIP.

If you don't own a...
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1 Answer | Asked in Car Accidents for Florida on
Q: Rear ended by a 19 yr-old driver in his parent's car

Driver provided insurance (parents/owners of the car) details at the scene to the police. Now the insurance is denying responsibility because he's not on their policy. I have coverage, but my insurance company is saying the likelihood of being reimbursed for my deductible is very small.... Read more »

David Hughes Harris
David Hughes Harris
answered on Dec 29, 2017

Under FL law, the vehicle owner is generally liable for driver's negligence. An exception occurs if the car was actually stolen (i.e. police report of theft is needed to prove such non-permissive use).

If they don't pay as required, then you can take to small claims court. You...
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1 Answer | Asked in Personal Injury for Florida on
Q: I am a driver in one of the ride sharing services and recently was brutally mob attacked.

When I refused to drive 5 one with open drink, when I can only take 4, they turned nasty cursed me out. I asked them all to go out of the car while the passenger guy with the drink held the door and didn't let go. After several attempts to ask him to let go of the door with no success, I... Read more »

David Hughes Harris
David Hughes Harris
answered on Dec 26, 2017

So sorry to hear of your circumstances. Sounds horrible, and am glad to hear to survived to tell your story.

While the State Attorney's Office declined to prosecute, you may still have a civil battery claim against all who struck you. Depending on the specifics, you may also have...
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2 Answers | Asked in Wrongful Death for Florida on
Q: Can you sue a doctor who missed diagnosing a medical condition that your spouse later died from?
David Hughes Harris
David Hughes Harris
answered on Dec 21, 2017

Yes. Consult an attorney experienced in medical malpractice to discuss the specifics of your circumstances. Do not delay as there are time limits.

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3 Answers | Asked in Car Accidents for Florida on
Q: I was in a accident with uber who should i talk to a lawyer or they're insurance adjuster?
David Hughes Harris
David Hughes Harris
answered on Dec 20, 2017

If you suffered injuries, then you should probably speak to a lawyer first. Most consultations are free.

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1 Answer | Asked in Workers' Compensation for Florida on
Q: Can I ask to settle so I can leave my Job. I was injured 9/18/17. I am tired of the crap. Its not worth the stress.

I injured my back on 9/18/17. Its been a hassle dealing with W/C I do have a lawyer. But I am searching before I speak with him

David Hughes Harris
David Hughes Harris
answered on Dec 20, 2017

Sorry to hear of your challenges. Workers comp is designed to provide a no-fault basis for paying your bills and a portion of your wages, but does so with a pro-employer bias built into the law.

Workers comp is a difficult process for the claimant, as your WC carrier selects doctors for...
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2 Answers | Asked in Car Accidents for Florida on
Q: I was in a wreck three weeks ago but didn't feel injured until now. Is it too late to take legal action against the othe
David Hughes Harris
David Hughes Harris
answered on Dec 15, 2017

You still have a claim. The statute of limitations is 4 years.

Having said that, the defense will point out this 3 week period. They will call this a "delay in treatment" in effort to question the legitimacy or severity of your injuries.

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2 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: Can I sue the host of a party if one of his guests hit my car parked in his driveway?
David Hughes Harris
David Hughes Harris
answered on Dec 14, 2017

Based upon the information provided, your claim is against the owner and driver or the other vehicle. If that driver left the scene without exchanging information, then it violates Florida 316.063. You may process the claim through your insurance carrier or the driver/owner's insurance... Read more »

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3 Answers | Asked in Wrongful Death for Florida on
Q: Can I sue for wrongful death if a doctor signed off on the wrong cause of death
David Hughes Harris
David Hughes Harris
answered on Dec 1, 2017

A wrongful death claim in Florida is a claim against a person/company who/which is legally responsible for causing (in whole or in part) a family member's death. It is focused on recovering damages for for act or omission causing death

An incorrectly listed cause of death upon a death...
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