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Florida Personal Injury Questions & Answers
2 Answers | Asked in Civil Rights, Personal Injury, Gov & Administrative Law and Municipal Law for Florida on
Q: Can I sue a police department for not doing their job by not properly investigating a murder?

The case file in the beginning, ended up missing all the information given, and the second detective ended up with an empty case file, and no one knows where all the information went. There’s more to this as well.

James L. Arrasmith
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answered on Feb 28, 2024

Yes, you may have grounds to file a lawsuit against the police department for negligence or failure to properly investigate a murder. The mishandling of crucial case information, such as missing files and empty case folders, raises serious concerns about the department's handling of the... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: My mom's surgery was incomplete because she woke up during cataract surgery 8 months ago.

My mom went cataract surgery outpatient 8 months ago but woke during surgery. I had explained to the doctor and staff that my mom have kidney problems and that she is a very nervous person, I even asked for my mom to be given something so she would not too nervous that day but they insisted it was... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 8, 2024

The first question is, did she wake up due to something the doctors did wrong. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Additionally, what she suffered has to be...
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1 Answer | Asked in Civil Rights and Personal Injury for Florida on
Q: Martial arts gym refuses to teach me anything and hits me with power shots because I have schizoaffective disorder.

They let me sign up for $350. I was being hit harder than anyone else, not limited to a punch that almost knocked me out. I was only there for 5 days and didn't cause a behavior issue. The owner agreed to cancel my year long contract.

We were doing light punching drills and the... View More

James L. Arrasmith
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answered on Jan 29, 2024

In your situation, it's important to address the discrimination and potential harm you've experienced at the martial arts gym. First, gather all the evidence you mentioned, including camera footage and any communication you had with the gym owner regarding the issue. These records can be... View More

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My daughter was in a accident on November 3rd she was injured but the insurance denied claim she was diagnosed with spin

She went to the emergency room the day after the accident she got ticket she went to the emergency room 3 times since the accident the last time was on 01/19/24 they did a mri and diagnosed the results as Spinal stenosis and that she needs surgery they claim she wasn't on the insurance as a... View More

Tim Akpinar
Tim Akpinar
answered on Jan 28, 2024

I hope your daughter is okay. There's an unresolved issue from your description of events - whether or not she was on the policy. Based on your post, you say you added her, but the carrier says she was not on the policy. That's going to make a difference in the handling of the claim. My... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Dentist pulled two teeth but one at the bottom was extracted and put a hole in neighbor tooth and didn't say anything
Joel Gary Selik
Joel Gary Selik
answered on Jan 23, 2024

Could be Malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability of your... View More

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1 Answer | Asked in Personal Injury for Florida on
Q: I participated in a vaginal mesh lawsuit. The Acknow of co-councel I signed has wrong cl action lawsuit. Problem?

My classaction suite was against Covidein and Ethicon. The paperwork says Coloplast. Is this an issue?

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2024

A Florida attorney could advise best, but your question remains open for three weeks. It could depend on the captioning and indexing of the case. It would be best to check with your attorney, as law firms may sometimes reference cases by generic names in medical product/prescription drug lawsuits,... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury and Landlord - Tenant for Florida on
Q: Can my husband be fired from his job if we sue his employer for a dog attack on her property?

I was attacked by a pitbull in the mobile home park I live in and my husband works for. If we attempt to make a claim, can his employer fire him? Can we be evicted? I've already been threatened by the landlord/employer. Due to the park managers negligence and lying claiming the dog was a... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 9, 2024

Anyone can sue for anything but they won’t win in your fact pattern. A person fired from a job can sue based on a theory of “retaliatory discharge”. Additionally, a tenant can defend against an eviction based upon the defense of “retaliatory eviction.”

If you want to be sure that...
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2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Personal Injury for Florida on
Q: Can u landlord evict u for suing them over a dog attack they r liable for. Is there anything legally I can do to avoid

I was attacked by a pitbull in the mobile home park I live in and my husband works for. The landlord is liable and she has already threatened me. I want to sue for the lifelong injuries I've sustained and the horrendous pain I'm constantly in. I don't want to be evicted for something... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 8, 2024

No, your landlord cannot threaten you with eviction because you have the right to sue him for your damages. If he did start an eviction case, you could defend with the “retaliatory eviction defense” under Florida law. You should retain counsel here in Central Florida for contingency fee... View More

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1 Answer | Asked in Car Accidents, Libel & Slander and Personal Injury for Florida on
Q: We were hit behind the back tire on 07-17-1993 and hit again in a deer crossing zone 35moh and they kept gettin Carolyn

Carolyn parent and Edward McDowell are the injured party and hit behind back wheel passages side of car and hit again

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2024

A Florida attorney could advise best, but your question remains open for a week. It isn't fully clear exactly what happened, but it looks like you were struck in the rear by another vehicle. I hope you are all okay. You could try to arrange a free initial consult with a Florida attorney to... View More

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for Florida on
Q: Q: falsely arrested for GTA in U-Haul rented in my name. Person b4 me didn’t return they reported stolen nvr noti police

Q: falsely arrested for GTA in U-Haul rented in my name. Person b4 me didn’t return they reported stolen nvr noti police

Less than a year ago I was pulled over and arrested for being in possession of a stolen vehicle. I had rented a U-Haul that apparently the people before me never... View More

Angelo "Tony" Marino Jr.
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answered on Jan 5, 2024

Assuming everything you reported is accurate, you would have a claim against U-Haul, if not others. You need to contact an attorney to handle this.

2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Florida on
Q: My wife got into a car accident and didn't know her license was suspended.

she was dont found at fault and the lady that hit her, was given a ticket for running a red light and causing a accident. My wife was given a ticket for driving with a suspended knowledge without knowledge. It was for unpaid tolls. We got her license now showing Valid within one day of the... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 26, 2023

This is a question that her lawyer should answer, but if she is not represented then she should retain counsel so that the case is handled properly and all questions like this one can be adequately investigated into and timely responded to.

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2 Answers | Asked in Civil Litigation, Criminal Law, Personal Injury and Civil Rights for Florida on
Q: My father was arrested in 2020. An officer came to his house to serve a subpoena for an upcoming hearing for myself.

The officer opened a closed gate and enter into my father's property. My father was inside his home in the kitchen which is approximately 12 feet from the front door. The HVAC air handler is located in the kitchen and my father was working on cleaning the unit at the time. The officer claims... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 21, 2023

For your father to determine if he has potential valid claims for false arrest/false imprisonment and/or malicious prosecution, he must schedule a consultation with a civil rights attorney in his area. There is no way to get a reliable answer to this question in any online forum. For a lawyer to... View More

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1 Answer | Asked in Personal Injury, Real Estate Law, Health Care Law and Landlord - Tenant for Florida on
Q: Can I sue my HOA for radon exposure and for denying my architectural request for a mitigation system?

Over a year ago, I formally submitted a request to my HOA's management company, complete with necessary documentation, seeking approval for a Radon mitigation fan installation. Despite engaging with the HOA management for over four months, my inquiries were met with vague responses. Even... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 13, 2023

Generally, anyone can sue anyone else but whether or not you have a case depends on a lot of factors, including a reading of your association documents, which we cannot do in this online forum. How you proceed depends on if you live in a HOA (generally, single-family home, townhomes, villas) or a... View More

2 Answers | Asked in Personal Injury for Florida on
Q: I have a question regarding exposed power lines and possibilities of suing

Photos available upon request

Charles M.  Baron
Charles M. Baron
answered on Dec 10, 2023

If there was bodily injury or property damage caused by the exposed power lines, you may have a potential claim for money damages. You did not say if that's what you wish to inquire about. If you wish, you can contact any lawyer you see on this site to discuss, or you can post a new inquiry... View More

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1 Answer | Asked in Estate Planning, Personal Injury, Probate and Wrongful Death for Florida on
Q: Do a settlement check for a nonrelated PI case injury of the decedent's death have to pass through the estate to be paid

PI case not related to the decedent's death was settled by the legal rep as an individual and the settlement check was made payable to the Legal Rep as an individual the plaintiff's attorney to be disbursed. So does the settlement check have to go through the estate if the personal injury... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 5, 2023

Yes. The money is the property of the estate.

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Was driving and a pedestrian got angry his bike broke and he threw the entire tire into the road and which hit my car

I don’t think he intended to hit a car - but he was visibly angry and threw with enough force it broke my side mirror and windshield- what recourse do I have? He stuck around and I filed police report - they said they have to wait on state attorney to decide what to do.

He has a suspended... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 4, 2023

Generally in the kind of situation you describe, you can make a claim against the pedestrian for negligence, starting with any homeowner's insurance, and if none or no coverage, then in small claims court (if claim is for $8,000 or less), a fairly easy process, but collectibility is an issue... View More

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1 Answer | Asked in Personal Injury for Florida on
Q: Insurance investigation claim time frame

I had gotten injured from the ground collapsing while standing on walking path and went down in a hole about 3 ft. Its newly constructed city owed public marina. Filed report with city and they gave me a claim number to cover medical bills. The insurance started an investigation a few months ago... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 1, 2023

Are you sure it's a private insurance company that is handling the claim, as opposed to the city itself? If it's a private insurer, they generally should complete their investigation and either pay or deny the claim within 90 days. If it's city risk management, and a proper notice... View More

1 Answer | Asked in Personal Injury, Products Liability and Car Accidents for Florida on
Q: Can you sue and individual when then knowingly covered up damage to a vehicle that made it unsafe?

A few months ago I purchased a used truck. After asking very specific details about the vehicle history I purchased the truck. last week I had a brake failure going through a major intersection, luckily no one was injured. had the truck towed to a mechanic and he found the frame of the vehicle... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 30, 2023

Sure does sound like the kind of fraud that you can make a claim for. If the purchase agreement specified it was an "AS IS" sale, that would be a defense - but that defense could fail in some limited circumstances of there being certain clear, provable representations made by the seller... View More

1 Answer | Asked in Personal Injury for Florida on
Q: I feel like my ankle monitor is causing my spine to age prematurely. Slowly disabling me. Can I sue for injuries?

11/25/23 I went to the hospital for pain in my mid to lower spine. The doctor says that my spine is that of a person in the fifties and I'm only in my thirties. I've had my back inspected before the ankle and that was only 3 to 4 years ago and my spine was healthy. I want to sue for... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 30, 2023

Before determining if there is some type of actionable negligence regarding your monitor, you'd need to have a physician's opinion that the monitor is causing your pain condition. If you have such a written opinion, then reach out to personal injury lawyers, and you'd also need to... View More

1 Answer | Asked in Family Law, Personal Injury and Domestic Violence for Florida on
Q: Is there a way to sue my parents, as well as my mother's second ex husband, for damages from abuse?

I was abused as a child by my parents, and especially my mother and my now ex stepfather physically which included, but not limited to, traumatic brain injuries as well as being punished for exposing their affair to my father, who in turn decided to punish me for being an unwilling participant.... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 26, 2023

Sorry to hear about your terrible ordeal. Your description seems to indicate that all wrongdoing occurred a few decades ago. There is a high probability that a lawsuit for money damages due to such wrongdoing would be barred by the statute of limitations (assuming that would be raised as a... View More

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