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Florida Personal Injury Questions & Answers
0 Answers | Asked in Employment Law, Personal Injury and Environmental for Florida on
Q: If I quit my job with a denied workers comp case (and put it all in writing to HR) can I then pursue PI and negligence ?

I believe with photos and documents I can prove the my employer broke a duty of care for providing a safe work environment which could have avoided my injury

0 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: “What should we do after leaving the scene of an accident due to injury and avoiding hospital fees? Possible charges?”

My father was involved in a car accident last night and sustained a significant injury. He was bleeding heavily, so we decided to leave the scene to treat his injuries at home rather than go to the hospital, as we were concerned about medical fees. We did not report the accident to the authorities... View More

0 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: Personal injury case where the driver at fault only had liability insurance with Maxx $100K payout (NO ASSETS)

Due to medical bills, leins, and attorney fees the client is left in the negative over $200k… it’s been almost an decade & parties involved refuse

To negotiate lower pay… Is there anything I can do ? Is it a total loss? Any special circumstances? Any example case reference?

0 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Libel & Slander for Florida on
Q: How can I handle communication with opposing counsel and address a prior press release to avoid harming my case?

I am representing myself in a lawsuit against American Airlines for racial bias, defamation, and an unlawful lifetime travel ban. The case stems from an incident on Flight 1124 in June 2022, where I was accused of intoxication and belligerence, claims disproven by a breathalyzer test administered... View More

1 Answer | Asked in Personal Injury for Florida on
Q: How long to recieve a settlement check in Florida with no medical liens? My lawyer contacted medicaid over 2 weeks ago.

And medicaid still hasn't responded. I have never used medicaid in my life. Does it usually take this long? It's been 40 days total since we settled.

Drew Bruner
PREMIUM
Drew Bruner
answered on Dec 2, 2024

Typically, at our Firm, it takes around 30-45 days. Sometimes, formal lien or subrogation waivers are needed in writing, check(s) may need to clear, releases must be negotiated, etc.

Some slowdowns during the holiday season are also not unusual. Regardless, I suggest sitting down with your...
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1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: Can they come after my house, wages, savings and social security for the difference? How about husband's assets?

The wife was involved in an auto accident and hit a bicyclist in Florida. Bicyclist was injured. I have $100,000 insurance, but the bicyclist medical bills are over $200,000. Bicyclist has an attorney. Can they come after my house, wages, savings and social security for the difference? Can they... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Dec 2, 2024

I assume your insurance provider has contacted you and provided you with an attorney to deal with the plaintiff's lawyer. If not, contact your insurance company immediately. While the injured party's bills may technically be $200,000.00, often that is the "sticker" price rather... View More

0 Answers | Asked in Personal Injury for Florida on
Q: I help in suing for negligence, intentionally inflicting emotional distress in a lawsuit against Zinnia Health and Rehab

During my interactions with Zinnia Health and the Singer Island Treatment Facility, I had a conversation with a representative from Zinnia Health several months ago. We discussed my needs extensively, and I built a level of trust with her over time. She was aware of my preferences and the locations... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: In a personal injury if the person eas on Medicare half of the time and on Medicaid the other half. Is cap for suing?

A relative died because of nursing home negligence and a fall.

Charles M.  Baron
Charles M. Baron
answered on Nov 23, 2024

Medicare and Medicaid services, in themselves, do not create a cap on the gross total recovery one can obtain, but Medicare and Medicaid have automatic liens on a personal injury or wrongful death claim so that they can recover what they paid out for treatment as a result of the wrongdoer's... View More

1 Answer | Asked in Employment Law, Personal Injury and Employment Discrimination for Florida on
Q: FLORISA/SARASOTA CO.

Q: Is it illegal for home depot to post private photos and videos online without my permission? on a company web site than i was fired, as i gave no one consent and i like to sue for lost of income medical ins. and lost of bonus twicw a year

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 14, 2024

Presumably you were fired for some other reason, not because the company posted images of you online. So, whatever the reason for your firing, your lost income would not be a result of their posting of your "private" images. So, you have failed to indicate facts which would show that... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Mother woke up during surgery.

A year ago my mother 70 years of age woke up during cataract surgery while the surgeon instrument was inside the cornea causing injury. This happened with a very well known doctor at an ambulatory clinic. The anesthesiologist was not able to keep my mother asleep during the procedure since my... View More

James Clifton
PREMIUM
James Clifton
answered on Nov 12, 2024

The anesthesiologist had a duty to ensure your mother was adequately anesthetized during the surgery. If the anesthesiologist failed to maintain the anesthesia, leading to your mother waking up, this could constitute a breach of that duty. You would need to prove that this breach directly caused... View More

1 Answer | Asked in Personal Injury for Florida on
Q: slip and fall from street to sidewalk

I was walking up the street and through a crosswalk when I noticed wet sludge cement and mud. So in an effort to avoid this I walked around it in the street and when I went to step up on sidewalk I slipped on more sludge that was streaming aside the curb and I fell on knee. I cut it which later... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 11, 2024

I recommend that you pick up the phone to seek a free consultation with a lawyer. The potential case being against a local government, some personal injury lawyers will handle that, some won't, as such a claim is often more of a hassle than one against an insured private entity, and it... View More

3 Answers | Asked in Personal Injury for Florida on
Q: Went for a walk and hit a super slimy slippery piece of sidewalk.wiped out hard and broke tibia and fibula in left leg.

2 surgeries-7 days in hospital and now looking at 1 month stay in rehab followed by home rehab.wont be able to walk on leg and drive car until at least January.do have a good case vs city?their were no signs of any kind to avert area/with light rain coming down I couldn’t see the hook on... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Nov 6, 2024

Every negligence case has two parts: (1) Liability, and (2) Damages. It sounds like you have sustained significant damages, but the issue is whether the city created and/or was aware of a hazardous condition prior to your fall and did nothing to remove it. Florida law is very specific regarding... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: my attorney had received an offer which was a 1/4 worth the value of the at faults claim coverage my attorney

My attorney is encouraging me to think more medical treatment and he says it will help to ensure more payout for my claim as opposed to me just closing out now is it true that if I seek more medical treatment I could get a bigger payout or is this a hoax

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 29, 2024

Your case's value is based on its damages. Damages encompass past & future medicals, wages/earning capacity, and pain and suffering (sometimes punitive/punishment damages, but that's rare). However, pretty much all damages are primarily based on the medicals meaning the more treatment... View More

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1 Answer | Asked in Personal Injury, Civil Litigation and Libel & Slander for Florida on
Q: In a Florida defamation case, would a defamatory email sent to a fake boss be admissible to argue against good faith?

If a party accused of defamation sent a defamatory email to who they believed was the victim's boss, but this email was sent based on information from a website that the victim put up to see if their defamer would contact their bosses if they stopped being private about who they work for,... View More

Linda Liang
Linda Liang
answered on Oct 28, 2024

This could be a good argument because the "boss" may not count as a third person. Do you have an attorney? The defamation case is super complicated. You may have other defenses based on the fact, such as it is your opinion, you are telling the truth, or you have the privilege to talk... View More

1 Answer | Asked in Personal Injury for Florida on
Q: a mother sued for neglience on baby death/ father did not know there was neglience. what can he do to be added to suit

Father just found out his son died due to neglience of hospital in 2009. mother started a suit in 2019. she just contacted him and told him about the suit and actually showed the death certificate. he was unaware of suit and the hospitall neglience. what should he do? she did not included him in... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 24, 2024

You appear to be sending this question in on behalf of the father, as friend or relative to the father. If that's the case, tell the father to pick up the phone and call a lawyer. He should've been notified of the suit at the time it was being pursued, which apparently was a long time... View More

1 Answer | Asked in Business Law, Civil Litigation, Personal Injury and Civil Rights for Florida on
Q: Business roped off the entire sidewalk and parking places on street while waiting to work on roof.

Pedestrians now must walk in road in traffic path, as even the curb areas are roped off. This is downtown. I called to see how long they anticipate the sidewalk being inaccessible and they told me however long it takes them and to just walk around it (in street with 30 mph speed limit and stuff... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2024

It's frustrating when sidewalk access is blocked without clear timelines. Typically, businesses need permits from the city to restrict public pathways, and these permits usually have time limits. If the work hasn't started or is taking excessively long, it might violate local regulations.... View More

2 Answers | Asked in Personal Injury for Florida on
Q: What is the worst thing that can happen if I don’t sign the affidavit request from the other party’s attorney?

I was involved in a rear end accident with a motorcyclist. They are filing to claim under my insurance and the other party’s attorney is requesting an affidavit of request. I’m not really comfortable with signing the request.

Tim Akpinar
Tim Akpinar
answered on Oct 20, 2024

I don't blame you. An affidavit from the opposing attorney is rarely something meant to help you. It sounds like you are the defendant here. That would mean your insurance carrier will be arranging defense counsel for you. Review the affidavit request with them. As my colleague advises,... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Do I have a case?

The patient had surgery, developed an infection, and later was hospitalized. The attending doctor performed labs, resulting in Staphylococcus aureus (MRSA), a recommendation for debridement was intervened by the original doctor. After discharge, the original doctor ignored the recommendation to... View More

Jonathan E. Freidin
Jonathan E. Freidin
answered on Oct 17, 2024

While every case is different, and all medical malpractice cases require a in-depth look at the medical records, it sounds like the original doctor may have been negligent in failing to perform repeat labs, recognize the infection, and act quickly enough to prevent serious injury or further spread... View More

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1 Answer | Asked in Personal Injury, Consumer Law, Contracts and Civil Litigation for Florida on
Q: Is it illegal to record your conversations with a car dealership in person without notifying them? In a 2 party state.

If I ask them to read the contract I signed for me. Can I secretly record that without telling them. If it’s not possible. Should I just go and inform them I’m recording. Even though they might get suspicious and lies.

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

Under Florida Law, recording someone without their knowledge or consent is a 3rd Degree Felony. Don't Do It.

2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Florida on
Q: Can my friend sue for negligence after a detox facility and police mishandled his Baker Act?

I helped my friend check into a detox and mental health facility one afternoon. The next morning, when I called to check on him, they had no idea where he was. I later learned from a corrections officer friend of mine that my friend was in jail for petty theft… stealing water and a sandwich,... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 13, 2024

You are obviously a very good friend to that person - but your friend must be the one who seeks legal advice. You may assist your friend by looking for a lawyer for him to consult with, and your friend can include you in the communications with a lawyer if he wishes, but it would not be lawful for... View More

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