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Florida Personal Injury Questions & Answers
2 Answers | Asked in Admiralty / Maritime, Legal Malpractice, Medical Malpractice and Personal Injury for Florida on
Q: My injury case was settled but I never got my money part (maritime). I want to make a new case for Malpractice.

My injury case was onboard a cruise line ship and this case is on Brevard County Court.

For the new case I want to have for Malpractice occurred in Lantana, Lake Worth.

Tim Akpinar
Tim Akpinar answered on Apr 20, 2021

There isn't enough information to form any judgment on what happened here in terms of the handling of the case. But as a GENERAL matter in maritime and other types of injury cases, there are factors that could sometimes delay payment to a plaintiff. Some of these are not within the control of... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Personal Injury, Business Law and Federal Crimes for Florida on
Q: Is my CPA at fault for our identity theft? She was hacked some months ago and should have cyber security in place.

The IRS would not accept our 2020 tax filing because one was already filed. Our 3rd Stimulus check was also stolen because our CPA was hacked. She later informed me of this and said some of her other client's data was also stolen and used. She should have adequate cyber security in place... Read more »

Linda Liang
Linda Liang answered on Apr 20, 2021

You said "She should have adequate cyber security in place". Do you have reasons to believe she does not and the fact that she does not caused the hack?

These are key findings to determine whether you have a cause of action based on negligence.

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1 Answer | Asked in Personal Injury for Florida on
Q: Can I still file a civil suit after an administrative hearing?
Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Apr 19, 2021

I would need to know a lot more facts to be able to answer your question. For example, what was the administrative hearing about and who were the parties involved? Who do you want to file a civil suit against and for what reason?

5 Answers | Asked in Personal Injury for Florida on
Q: Can I file a lawsuit against the company who's driver rear-ended the car that rear-ended me?

I was rear-ended in my car at a stop light last week. Neck and lower back are still bothering me. The car behind me was rear-end much worse by the semi-truck that hit them. I am in Florida

Jason S. Turchin Esq.
Jason S. Turchin Esq. answered on Apr 15, 2021

Hi - Yes. You should be able to file a claim against any vehicle or owner who caused or contributed to the accident or your injuries. Time may be of the essence as far as medical treatment goes, as any delay in treatment could impact how your medical bills get paid.

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1 Answer | Asked in Wrongful Death, DUI / DWI and Personal Injury for Florida on
Q: As a home owner, can I be held liable if someone in my home drinks then drives intoxicated and hurts or kills someone?

I live in Florida. This person is a relative 27 y/o and resides with me. On more than one occasion they have arrived home and passed out behind the wheel. I need to protect the rest of my family.

Jonathan Blecher
Jonathan Blecher answered on Apr 12, 2021

Can you be sued? Yes. Will the suit be successful for a wrongful death claim against YOU? Probably not. Is the relative covered on your auto insurance policy? An injured party may go after your homeowners policy, but I don't know how successful that would be.

1 Answer | Asked in Personal Injury and Products Liability for Florida on
Q: Does nicotine in the form of lozenges cause tooth decay when used long-term?
Charles M.  Baron
Charles M. Baron answered on Apr 11, 2021

You have sent your inquiry to the wrong forum. This is a legal forum, not a medical one. Try googling for on-line medical or health forums.

2 Answers | Asked in Civil Litigation, Personal Injury and Wrongful Death for Florida on
Q: Can my a family member sue a pharmaceutical company over the death of a loved one?

My stepmother was prescribed xenazine, for treatment of Huntington disease. Xenazine has the known side effects of depression and suicidal thoughts. My step mom was never depressed or suicidal before taking this treatment. 4 years ago, she committed suicide at home.

Is it probable to ask... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 11, 2021

Arising from the situation you describe are potential product liability and medical malpractice claims. However, you may have a statute of limitations problem. Not sure which State you are referencing, as you are writing to Fla. attorneys on Justia, but you are writing from Birmingham, Alabama.... Read more »

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2 Answers | Asked in Personal Injury and Criminal Law for Florida on
Q: Can I use my Allstate accident insurance for a felony battery? My spouse was assaulted and has some brain damage.
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 10, 2021

Probably not, but read the policy to be sure.

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1 Answer | Asked in Criminal Law and Personal Injury for Florida on
Q: ohio to florida ymca felonious assault victim me reward lives in florida!

disability

Stephen Arnold Black
Stephen Arnold Black answered on Feb 25, 2021

Yes, if you have been assaulted On a business premises, then you can file suit against the business owner and manager based upon a theory of security negligence. Discussed your case in private with counsel here in Florida for possible contingency fee representation, which means you don’t pay... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: I ate chicken breast from a restaurant and instantly began to feel nauseous accompanied by headache what should I do?

I kept the food, cut the chicken to see a red streak of blood down the back of the chicken. The chicken breast as undercooked.

Charles M.  Baron
Charles M. Baron answered on Feb 23, 2021

Did you need to get medical treatment? If yes, keep the food frozen in order to analyzed by a lab and consult a personal injury attorney immediately. If no, though you have a potential claim for money damages, the minimal damage to you is such that it's likely that no attorney will be... Read more »

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1 Answer | Asked in Child Support and Personal Injury for Florida on
Q: I have Child support arrears from PR and won a injury settlement in Florida. How much they can take ?
Charles M.  Baron
Charles M. Baron answered on Feb 15, 2021

That would be a matter of Puerto Rican law and thus should be asked of a lawyer who is a member of the Bar Association of Puerto Rico. Without knowing a thing about Puerto Rican law, I'm guessing that your entire net recovery from your personal injury case would be fair game for those seeking... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: Will a personal injury lawyer review an demand letter from another attorneys case?

My aunt if working with a lawyer and I am not feeling really optimistic about his ability to represent her. I want to get a second opinion on the demand letter.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 7, 2021

If your aunt asks another attorney to look at her case, yes, that second attorney will probably want to look at the demand letter to determine if it accurately describes the facts which give rise to the demand, and to see if the first attorney was asking for everything to which your aunt may be... Read more »

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1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Florida on
Q: Can I sue an EMT for terrible treatment, slander that could have put my life and health in jeopardy

Blatant disregard For my safety, accusing me of lying about an emergency, take me to the hospital that I verbally told not to take me there, and he also told the hospital staff that I was faking, yelled at me when he got to my house, enforce me to walk 30 or more feet to him while in agonizing... Read more »

Erik A. Perez
Erik A. Perez answered on Jan 21, 2021

This is a very interesting question. It is important to note that anyone can file a lawsuit in Florida for almost any reason. However, the critical question you may want answered is will you prevail on a negligence claim against the EMT. It appears that the answer will depend in part on whether you... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Can a personal injury case be filed in Florida if a case was already settled but only PIP from both ins was received?

The responsible party’s PIP was received, my PIP was fought for (only to be finally given the full amount due to a surgery being deemed necessary), but then my case was settled by my attorney. No further compensation was fought for or received. I had to have more surgeries after that and... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 12, 2021

You inquiry is a bit vague regarding the phrase "settled by my attorney". If you mean settled your entire case including completely releasing the wrongdoer from liability, and you signed off on that, then you're done. If you mean settled the PIP issue ONLY, then you can still make... Read more »

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1 Answer | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for Florida on
Q: How do you check to see if your attorney put a lien against you or if they are just trying to scare you.
Tim Akpinar
Tim Akpinar answered on Dec 21, 2020

A South Carolina, or Florida attorney (two geographic regions are listed in your post) could advise best, but your post remains open for two weeks. As a general matter, the insurance carrier or the incoming attorney (if there is one) might have been placed on notice of a lien. Good luck

Tim...
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2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: FL-I fired a lawyer. I was not happy with the lawyer do I have to pay the lawyer a percentage of a ending settlement

The lawyer put a lien on me but they want to have their name added to the settlement and the insurance company is telling me that they have to put the lawyer's name on it. Even if the lawyer did not help with the ending settlement amount.

Tim Akpinar
Tim Akpinar answered on Dec 20, 2020

A Florida attorney could answer best, but your post remains open for two weeks. As a GENERAL matter, an attorney can assert a lien against the award in a personal injury check for their services and out-of-pocket disbursements. However, each state can handle the issue differently, governed by case... Read more »

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: Personal injury

Formal letter sent to adjustor 30 days ago, she has not provided information requested.

If a lawyer filed suit, and the insurer lawyer is not able to present the insured. Would a default judgement occur? And would the insurer be responsible because they didnt respond to the letter? Within... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Dec 20, 2020

So keep in mind that many lawyers in the state of Florida do not file lawsuit. Lawsuits require real work and deadlines and confrontation with opposing counsel, and spending money out of pocket to fight the case in court. Most lawyers choose to just try to attempt to settle the case with the... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Someone is trying to sue me and they hit me, and I need representation soon! The accident happened months ago.

I got word about the lawsuit months ago when they requested my phine records and heard nothing else until recently. Can someone please help?

Timothy Rowe
Timothy Rowe answered on Dec 15, 2020

If you have automobile insurance on the vehicle you were driving at the time of the accident and had liability coverage, the insurance company has a duty to defend the case and provide you legal representation. Contact your insurance company immediately. If you do not have insurance, you may want... Read more »

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1 Answer | Asked in Personal Injury for Florida on
Q: Interpretation of a Court's order

I just received the following court's order: "having come before this court upon a docket review, the civil hearing currently set is hereby canceled". (the hearing was scheduled for a Motion to Set Aside the Judge's Judgment. Does that mean the case is close?

Charles M.  Baron
Charles M. Baron answered on Dec 6, 2020

If the judgment entered was a Final Judgment, the case was likely ALREADY closed before the motion to set aside the judgment was filed. When a Final Judgment is filed, the Court usually simultaneously orders the closing of the case. The Court nevertheless can subsequently entertain a motion to... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: My five year old threw a McDonald's rubik's at her 11 year old sister and it split her eye brow, can I sue them
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 6, 2020

No, you couldn't sue them successfully. The proximate cause of the injury was the act of the five year old, not any negligence on the part of McDonald's.

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