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Questions Answered by Sean Cleary
1 Answer | Asked in Libel & Slander and Personal Injury for Florida on
Q: If a palm fron falls on you and you are on private property are the owners responsible?
Sean Cleary
Sean Cleary answered on Jan 23, 2018

Property owners must make their property reasonably safe for people who are on the property lawfully. This duty would include ensuring that they maintain trees properly. The extent of this duty would depend partly on the type of property involved. To hold the property owner accountable for the... Read more »

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 »

Sean Cleary
Sean Cleary answered on Jan 22, 2018

Under state workers’ comp laws, you don't have to prove your employer was negligent. Your injury is proof enough to invoke workers’ compensation. The disadvantage is that although workers’ comp has a simplified claim process, you give up your right to compensation for pain and suffering.... Read more »

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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

Sean Cleary
Sean Cleary answered on Jan 22, 2018

One of the dangers you face when you start dealing with the insurance company in the absence of a lawyer is an early negotiation. The insurers will start the negotiation process soon after the accident and offer you an amount of money that is usually lower than what you normally deserve. You may be... Read more »

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: i was injured in a 10 x 10 beer cooler my employer built without a building permit - is this beyond a wc injury
Sean Cleary
Sean Cleary answered on Jan 23, 2018

When an employer displays gross negligence and a wanton disregard for safety, you can file a third-party claim against the employer. In addition to proving gross negligence and a wanton disregard for safety, most courts require proof that such actions or omissions were intentional and this is a... Read more »

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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 »

Sean Cleary
Sean Cleary answered on Jan 22, 2018

You have a personal injury case against both the driver and the owner. The owner's insurer has primary coverage status because insurance follows the car, not the driver. The driver will likely only be liable for injuries if your injuries max out the owner’s insurance policy. This is because... Read more »

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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?
Sean Cleary
Sean Cleary answered on Jan 22, 2018

You've got to prove who hit your car, which it doesn't look like you can do without a lot of effort. The simpler route will be to report the claim to your own insurance company if you have coverage for property damage.

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3 Answers | Asked in Personal Injury for Florida on
Q: My 8 year old daughter fell on the stairs at home breaking her arm.a nail was sticking out. Should the landlord be liabl

My daughters shoe string got caught in a nail that was sticking up out of the stairs in the townhouse I rent causing her to fall down 11 stairs breaking her left arm. Should the landlord be liable or is this an issue I would have to file with my renters insuran

Sean Cleary
Sean Cleary answered on Jan 22, 2018

A tenant who is injured must show proof that the landlord failed to maintain the property correctly under Florida law. You must show that the defect was a violation of the law, a defect in construction or something that was dangerous. Also, the landlord would be responsible for poor work performed... Read more »

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2 Answers | Asked in Personal Injury for Florida on
Q: If an underage child is is a pedestrian in state of Florida and was hurt and has Medicaid,who is responsible for the bil

Who is responsible for medical bills?

Sean Cleary
Sean Cleary answered on Jan 22, 2018

If the injured child resided with a relative who owned a vehicle that was insured, PIP (Personal Injury Protection) under a Florida automobile insurance policy may end up covering the medical bills for the injured child.

It's important to retain the services of a Florida personal...
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3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: Once lawyer has your settlement check, they should be able to let you know when you will get your check?

This happen in Florida

Sean Cleary
Sean Cleary answered on Jan 23, 2018

In theory, your attorney is supposed to distribute the settlement to you, any lien holders, and him or herself only when the check has cleared. It's hard to imagine waiting more than a week or two at the most for a settlement check to clear.

In addition to the problem of the check...
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3 Answers | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: Is the homeowner responsible for his daughters dog injuring me in Florida?

I am a mailman in Florida and was attacked and bit at work. Injuring my knee requiring 2 surgerise and 18 months of missed work. The home owner claims it was his daughters dog who was home from college and therefore not his responsiblity ? Is the homeowner and his insurance liable in the state of... Read more »

Sean Cleary
Sean Cleary answered on Jan 23, 2018

Usually, the dog's owner is legally responsible for the damage or injury the dog causes. But the homeowner may also be liable if he or she was taking care of and had control over the dog or the dog's owner is less than 18 years old.

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2 Answers | Asked in Personal Injury for Florida on
Q: I was hit but someone on a bicycle and they were deemed at fault are they required to pay for my damages?
Sean Cleary
Sean Cleary answered on Jan 23, 2018

Yes, you on your right to pursue compensation. Severe injuries from such a collision can mean lengthy hospital stays, time in physical rehabilitation facilities, ongoing treatment plans, physical therapy and other expensive medical interventions and you can pursue any monetary damages you might be... Read more »

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2 Answers | Asked in Personal Injury for Florida on
Q: If you're at a seafood restaurant and an oyster has a pearl in it that cracks a molar are they responsible ?

The waitress and cooks both acknowledged that it was indeed a pearl .

Sean Cleary
Sean Cleary answered on Jan 23, 2018

Check with the restaurant to see if they have premises liability insurance. If they do, most premises liability insurance policies have medical expense payments availability. If this coverage is available through that restaurant's insurance, they may pay your medical bills. If they do not have... Read more »

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1 Answer | Asked in Personal Injury for Florida on
Q: I slipped and fell in arbys restaurant yesterday. They had no wet floor sign out

I slipped and fell in arbys restaurant yesterday. They had no wet floor sign out. I sat there saying things forever and no one came. So eventually I got up slowly because I hurt my lower back and hip. And the girl asked if I was okay I said no I hurt myself and also broke my phone when i hit the... Read more »

Sean Cleary
Sean Cleary answered on Jul 16, 2017

Immediately after a slip and fall accident, besides determining what caused you to slip and fall, you need to be seen by a doctor right away, report your slip and fall accident to the property owner or manager, and take lots of photos.

4 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: 5 days since I was injured in car that rear-ended another car. When in FLA is my "cut off" date to talk/hire legal aid?

The driver (my friend) doesn't own the car, it's her moms car and

she has no insurance herself at all. They havr filed the insurance claim and for their own odd reasons lied not listed any passengers, being my son and myself. The driver of car I was in admitted fault and was... Read more »

Sean Cleary
Sean Cleary answered on Jul 16, 2017

As the driver who was driving the vehicle that you were in is determined to be at fault, you have the legal right to file the claim against her insurance policy. This allows you to receive financial compensation for the injuries incurred in the accident.

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5 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Someone crashed into me, who will cover the charges for my vehicle?

I was involved in an accident less than a week ago where a person did not stop at a stop sign and was speeding which is how she hit me. A police report was filed and the person was deemed at fault and issued a ticket. I informed my insurance company and the other person's insurance company... Read more »

Sean Cleary
Sean Cleary answered on Jul 14, 2017

Your insurance company will only pay what it says your car is worth after the accident. Gap insurance will insure you for the difference.

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5 Answers | Asked in Personal Injury for Florida on
Q: Can I sue the bar?

My husband was leaving a bar and someone was sitting on his car. He asked them to get off the car twice, because they did not like the way he asked they shot him. The bar did not have any security on site.

Sean Cleary
Sean Cleary answered on Jul 14, 2017

Bar owners must do everything reasonably possible to ensure the safety and well-being of their customers. But the law must weigh each case to determine whether the bar owner did everything reasonably possible to protect the client from undue harm, and if not, what’s the liability. Consult local... Read more »

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3 Answers | Asked in Car Accidents, Personal Injury and Medical Malpractice for Florida on
Q: car accident three different hospitals and primary 3rd hospital caught the fractured spine three weeks later

Two hospitals let my daughter leave hospital with no knowledge of fractured Spine Primary doctor prescribed pills and therapy without checking records. Hospital had her wearing back brace wrong for three months third hospital caught the fracture. Does my daughter have a medical malpractice case

Sean Cleary
Sean Cleary answered on Jul 14, 2017

Unless a doctor’s mistake results in serious injury, the chances of winning a medical malpractice case are small. Turn to your own insurance company to reimburse you for the costs related to the treatment. You can also try to sue the negligent driver for pain and suffering. Fortunately, most... Read more »

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2 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: Can I go after both insurance companies.

I was hit by driver who was ticketed for the accident and was driving a friend's car,friend accepted liability already,the driver also has auto insurance,can I go after both insurance companies or who is responsible for my major back and neck injury after we look at MRI and just started... Read more »

Sean Cleary
Sean Cleary answered on Jul 16, 2017

Car owners are legally responsible for negligent driving by anyone using the car with their permission. Once they give someone permission to drive their car, they're on the hook for the driver's actions. So, the answer is the driver and the owner of the car are liable for any damages caused.

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3 Answers | Asked in Personal Injury for Florida on
Q: how a cant get a legal document for car accident

her insurance don't pay the medical bills and off work

Sean Cleary
Sean Cleary answered on Jul 15, 2017

You need an attorney, as others have stated. Speak with a Florida attorney.

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4 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: We were rear ended by a driver doing 80while he was texting, we both have injuries and have settled with his ins carrier

Our atty has stated that he cannot give the settlement funds to us until we have settled with our ins company under our UM coverage. Also that we cannot go after the driver personally does this sound right.

Sean Cleary
Sean Cleary answered on Jul 15, 2017

Your attorney is right. Florida law requires a claimant to obtain authorization from the Uninsured Motorist carrier prior to acceptance of the bodily injury settlement

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