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Florida Personal Injury Questions & Answers
2 Answers | Asked in Criminal Law and Personal Injury for Florida on
Q: Can you sue the government for taking too long to prosecute?

I went to the police in December 2021 for being a victim of a sex crime. The arrested him last year and we have yet to get a conviction, he has been in jail for over a year. The legal representative for the government is staying in contact but can we sue for the time that this is taking?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 28, 2023

No. Penalties imposed for criminal acts are meant to benefit the public, not private parties such as you. Similarly, if the perpetrator had been promptly prosecuted and acquitted, you would not have had standing to appeal. Your remedy would have been a civil case, if you could have proven money... View More

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1 Answer | Asked in Personal Injury and Divorce for Florida on
Q: Yes I asked my attorney who is a personal Injury attorney & has told me he does not know & to ask a family attorney

If I receive a personal Injury settlement in Florida will mt husband be able to access it?. My husband and I have been separated for over 12 years and we live seperate lives in separate households. If we go ahead with the divorce now will the settlement be part of my assets? Yes I am on a full... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 22, 2023

Okay, so at least two attorneys have now recommended that you see a family law attorney. I hope your personal injury attorney knows about the disability benefits protection issue - that is part of his/her job.

[For others seeing this post, the inquirer is adding to her...
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2 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: I was I injured in a car accident & i am about to receive a settlement. Is my husband entitled to any of my settlement?

My husband and I live in Florida. We have been seperate for about 12 years, living in seperate households. We do not exchange money between households. The personal injury settlement was because I was in a car accident. I am on a full disability, SSDI. I have been on a full disability for about... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 22, 2023

I'm assuming you have a lawyer. If I'm right, I'm wondering why you're you asking this question online. Is there a problem with your lawyer's representation and advice? Is there a communication problem? If so, that is an issue that needs to be resolved as quickly as... View More

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1 Answer | Asked in Civil Rights, Civil Litigation and Personal Injury for Florida on
Q: What is the civil statute of limitations for the victim of attempted murder in Florida?

I was the victim of a stabbing about 20 years ago. It still mentally affects me to this day. It has also affected where I would be financially, my work progress and status, and my overall quality of life. The perpetrator was caught quickly since I knew him and was placed in a mental facility for... View More

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

Sorry to hear about your ordeal. I can tell you generally what the limitations period would be in a situation like this, but any question on the limitations period for an incident causing damage to you is a question asking for specific legal advice to rely on - which cannot be answered in this... View More

2 Answers | Asked in Civil Litigation, Small Claims and Personal Injury for Florida on
Q: can you sue in small claims court Florida for events created leading up to an injury
Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

You inquiry is vague as to what you mean by "events created...". If you have been damaged/injured by the unlawful act of another, you can sue in small claims court for up to $8,000 plus court costs, and in some types of cases, attorney's fees and prejudgment interest are awardable... View More

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4 Answers | Asked in Car Accidents, Estate Planning and Personal Injury for Florida on
Q: Husband died in car wreck, separated at time of death. 4 kids but only 2 under 19. Does settlement have to go in trust?
Chelsie Marie Lamie
Chelsie Marie Lamie
answered on Sep 11, 2023

I’m very sorry to hear of the passing of the father of your children. In a nutshell, in the State of Florida any settlement for a minor when the case is in litigation must have court approval and usually all funds over $15,001 are put into a protected account for the child. Even if the case is... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: what does uninsured motorist coverage cover exactly?
Drew Bruner
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Drew Bruner
answered on Sep 10, 2023

Typically, uninsured motorist coverage in Florida will pay economic and non-economic damages resulting from bodily injuries sustained in a motor vehicle collision when the defendant/tortfeasor's insurance is insufficient or nonexistent. Examples would include medical bills, lost wages, paying... View More

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1 Answer | Asked in Personal Injury and Workers' Compensation for Florida on
Q: I work as a behavioral interventionist for a Pasco county school. I was attacked by a child .

He dislocated my knee and foot was injured. the school knows of his issues yet refuses to put this child where he can get the help he needs. I will not be able to return to my profession due to my injuries. He attacks other students and teachers..kicking, biting, etc.

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 7, 2023

So any injury that occurs on the job entitles you to Worker’s Compensation through your employer. However, if it is a third-party that injured you, you can pursue a claim against the child’s parents provided that the parents knew or should’ve known that their child was extremely dangerous,... View More

1 Answer | Asked in Personal Injury for Florida on
Q: My mom bought a car 'as is' , one day while using the trunk, it fell on her sending her to the emergency room. Can I sue
Stephen Arnold Black
Stephen Arnold Black
answered on Sep 6, 2023

In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.

1 Answer | Asked in Car Accidents, Personal Injury, Social Security and Workers' Compensation for Florida on
Q: Social security and worker’s compensation

I stopped receiving worker’s compensation about a year and a half ago but social security is telling me that I’m receiving it still and they never removed me from their system. That is affecting my social security case. What can I do to correct this?

James L. Arrasmith
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answered on Sep 21, 2023

You should contact your local Social Security office to provide them with documentation showing that your worker's compensation benefits have ceased. They will need this information to update their records and resolve the discrepancy affecting your Social Security case. It's important to... View More

3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”

Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”

Can a case dismissed without prejudice be reopened after the statute of limitations and ask the cases be related back to original filing if the claim stays t

James Clifton
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James Clifton
answered on Aug 23, 2023

If a case was dismissed without prejudice and not re-filed prior to the expiration of the statute of limitations, the claim would now be time-barred, preventing the plaintiff from moving forward with that particular cause of action.

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2 Answers | Asked in Libel & Slander and Personal Injury for Florida on
Q: what kind of an attorney handles defamation slander, invasion of privacy, negligent misrepresentation, emotional distres

i need an attorney who will fight for me and will charge after they win the case.

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2023

You are looking for a personal injury attorney that specializes in these types of cases.

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1 Answer | Asked in Civil Rights, Medical Malpractice and Personal Injury for Florida on
Q: What is the likelihood I would win a medical malpratice /police brutality case?

I had a miscarriage, I believe it had been too early to tell but my boyfriend states that the hospital told him that I had a dilation and curettage. In the hospital records, it doesn't mention this and I got an infection after not being explained the proper remedies of how to heal after the... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2023

Sorry to hear about your horrible ordeal. You cannot obtain an online answer to the question, "How likely am I to win?", for this potential case or any other. You need to schedule a consultation with an attorney to review the facts and relevant documents. Also, there are relatively few... View More

2 Answers | Asked in Personal Injury and Civil Rights for Florida on
Q: Can you help an inmate in Fl. who was attacked and his eyes seriously injured?

He was attacked while in prison and needed help but he was left in a cell for 3 days before getting taken to a hospital, so lost sight in one eye and other one injured. He has no money or resources and no family. If it matters, he is listed as white, but nearly half Cherokee. His crimes were... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 27, 2023

The US Supreme Court has held that a plaintiff has to prove that the prison acted with deliberate indifference in delaying medical treatment and that that delay caused the medical injury that would not have occurred in the absence of the delay. Did your friend actually lose his eyesight 100%?... View More

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1 Answer | Asked in Consumer Law and Personal Injury for Florida on
Q: Is a hotel allowed to keep my belonging until I pay them a cleaning fee?
T. Augustus Claus
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answered on Jul 20, 2023

Generally, a hotel may have the right to hold onto your belongings until you settle any outstanding charges, such as a cleaning fee. But hold your horses! They can't just keep your stuff indefinitely. The hotel should provide you with a reasonable time to pay the cleaning fee and retrieve your... View More

1 Answer | Asked in Personal Injury for Florida on
Q: I had a rodent fall from the ceiling at a restaurant almost on me. It landed on my feet. Can I do anything?

We went to a restaurant and a baby squirrel fell from the high rafters above basically on me. It was then dying in my hands basically. The restaurant was already aware of the nesting problem above, but apparently still seat people directly below the area where they can be subjected to their bowel... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 20, 2023

You would have a case if you suffered any physical injuries. Emotional distress damages cannot be recovered unless occurring in conjunction with a physical injury that you suffered.

1 Answer | Asked in Banking, Civil Litigation, Personal Injury and Bankruptcy for Florida on
Q: Atheist, homeless. Would like to buy things like Chinese buffet or personal items like socks. Where do I get financing?

So far all the banks I've asked denied financing. I've asked USBank, Bank of America, Regions, Wells F, etc for a loan to help in finding a job, move to a different state, or for personal things and they have all denied. It's a bit surprising because I thought that was the point of a... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 19, 2023

No, a lawyer cannot sue private institutions to force them to establish you credit. As long as the lenders are not denying you based on a protected class such as race, religion, national origin, sex, or one of the other few protected classes, they are not breaking any laws. Not having a job or a... View More

1 Answer | Asked in Libel & Slander and Personal Injury for Florida on
Q: Would someone filing a complaint about me at work based off of a statement they heard from a 3rd party be defamation?

Someone filed a complaint towards me at work based off of a statement heard from a 3rd party that was not true in which ended up in me being terminated from employment. Would the fact that they heard a statement from someone else and decided to publish it without verifying the truth count as being... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2023

What you really want to know is if this is ACTIONABLE defamation, meaning the type of defamation for which you can bring a lawsuit for money damages, and whether such a suit would be worthwhile to bring. That cannot be determined from an online inquiry; you need to schedule a consultation with an... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: How soon after the county clerks office uploads a settlement offer is the plaintiffs lawyer notified of proposal?

I can see on our county clerks website a settlement proposal has been submitted by the defense attorney, when I asked my lawyer about it they said they hadn’t received any proposal, how long does it take for them to generally get notified?

Charles M.  Baron
Charles M. Baron
answered on Jul 11, 2023

Your inquiry is mysterious as to why you're asking that question online when you have an attorney currently working for you, and who should easily be able to answer that question. If you have a communication problem with your lawyer that is an obstacle to finding out this type of information,... View More

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1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Florida on
Q: Am I able to open a case if the surgeon was suppose to perform a bilateral Orchidopexy but only did one ?

Now we will need to go back for surgery to fix the other side

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2023

A Florida attorney could advise best, but your question remains open for a week. It could depend on what damages you suffered - that could be a call a medical professional would need to make. One option is to reach out to attorneys to try to arrange a free initial consult to review the file. Good... View More

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