Ask a Question

Get free answers to your Personal Injury legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Personal Injury Questions & Answers
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

View More Answers

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

View More Answers

0 Answers | Asked in Personal Injury, Civil Litigation and Libel & Slander for Florida on
Q: If a defamatory statement also contains the disclosure of private facts, can you sue for invasion of privacy too?

When private facts are disclosed to convince others that a defamatory statement is true, or are disclosed alongside defamatory statements for any reason, does this constitute a separate action that can be sued for?

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

View More Answers

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

View More Answers

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

View More Answers

1 Answer | Asked in Personal Injury and Workers' Compensation for Florida on
Q: I work at a company for 13 years after 7 years of working for this company and developed white lung

I worked in their warehouse bakery I was fired after 13 years because of a drug addiction that I had so the guilt in me did not try to collect compensation I know the statue of limitations is probably up it's been since 2001 but I'm still having respiratory issues is there anything I can... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 3, 2024

You are right that the applicable limitations period is PROBABLY expired, but reliable legal advice on whether any particular issue/dispute definitely is or is not still within the applicable limitations period is something that must be asked for by picking up the phone and speaking directly to a... View More

1 Answer | Asked in Personal Injury for Florida on
Q: Would like to know the steps to get compensation for Food Poisoning.

My family and I bought some food items from a Shell Gas station. We got home, and cooked them in the microwave. After consuming it, we noticed it had mold in the middle of it. The next day we experienced vomiting, diarrhea, stomach pain, headache. We checked the packaging, and noticed the date on... View More

Matthew Douglas Powell
Matthew Douglas Powell
answered on Sep 13, 2024

As the plaintiffs, you will have the burden of proof to prove the food you purchased caused the poisoning you and your family suffered. The important evidence you will need are: Proof you purchased the bad food from the Defendant. Proof that the food was unhealthy, which may be proved by the... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: I'm trying to figure out how to file a motion to Oppose/Object a Motion for Summary judgement.

I am the Plaintiff in a slip and fall lawsuit against a grocery store. I had to end up defending myself pro se. On 6/18/24 I was granted the motion to receive a copy of the surveillance footage of the incident before deposition. The defendant sent 9 files that were difficult to access, so I was... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 2, 2024

You need to file an opposition to the motion for summary judgment. It should be supported by an affidavit (written statement under oath and signed by you and the notary before whom you swore under oath) setting forth the genuine issues of material fact which you believe would be issues to prevent... View More

View More Answers

2 Answers | Asked in Personal Injury for Florida on
Q: Was injured on newly renovated city property. Ground gave way and I went 3ft Into hole and recieved hip fracture.

It's was last Sept. City's insurance company says it's contractors negligence, contractors insurance says they aren't covering it. So I don't know what to do. I have 30k in medical from it and about 40k in missed work..

James Clifton
PREMIUM
James Clifton
answered on Aug 29, 2024

You likely have lost the ability to file a lawsuit against the city because a notice of claim must be filed within 180 days of the accident. You will need to go after the contractor under a standard negligence claim. As with the city, there are specific time frames that you must meet to make sure... View More

View More Answers

2 Answers | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: I slipped and fell in my apartment from a faulty wall leak I complained about the leakage in my apartment over 6 times

On august 20th maintenance came out and assured me the leak was fixed on aug 21 I fell on my back I went to the hospital they told me I have a contusion on my tailbone nothing showed on the X-ray what kind of settlement would I be looking at

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

Sorry to hear about your ordeal. Settlement value of a potential case depends on numerous factors, including the strength of the liability position and the nature and extent of the injuries and necessary medical treatment. Often, the appropriate amount to demand cannot be determined until the... View More

View More Answers

1 Answer | Asked in Personal Injury for Florida on
Q: I need a lawyer for a case of compensation for material and moral damages

have suffered moral and material damage and I am afraid

Good evening, my lawyer. I reported a person who tried to steal and use someone else's card in my store. When the police came, I told them where he lives and where he works because he was with me at the old job and they arrested... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 24, 2024

If they arrested him and he is charged, the State can request that he be prohibited from contacting or going near you. You cannot seek compensation for hypothetical future damages.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.