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Florida Personal Injury Questions & Answers
2 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Florida on
Q: Who is at fault in a T-bone accident when one car blocks both lanes?

My sister was involved in a car accident where she T-boned a vehicle that was stationed sideways, blocking both lanes on a long road. Despite having the right of way, the police mentioned that she had enough time to stop but miscalculated the distance because the other vehicle was turned sideways.... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 9, 2025

So the police do not determine who is at fault for an accident. The police report is not admissible as evidence of who was negligent. Your sister should retain an attorney here in Florida on contingency fee, which means she pays nothing unless she wins.

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2 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Concerned about pain and lack of side effect warning after cosmetic procedure in FL

I had a cosmetic procedure six months ago, and I feel that the doctor didn't realistically warn me about the potential side effects during our consultation. He briefly mentioned them but assured me that most people wouldn't have issues, so I didn't ask follow-up questions. Since the... View More

Jordan Blair Wright
Jordan Blair Wright
answered on Apr 5, 2025

I'm sorry to hear that you're dealing with ongoing pain after your procedure. While some level of discomfort can be expected after cosmetic surgery, persistent pain and unexpected side effects, especially if you feel they weren’t properly disclosed, can raise valid concerns.

In...
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2 Answers | Asked in Civil Litigation and Personal Injury for Florida on
Q: Am I required to respond to deposition requests without a subpoena in an injury lawsuit?

I received emails and a certified letter from the plaintiff's attorney in a personal injury lawsuit involving my former employer. They are asking me to schedule a deposition, but I have not yet received an official subpoena. As a retail employee at the time, I don't feel I have... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 4, 2025

That depends on your role as deponent (person being deposed). If your employer (through counsel) designates you as the employer's "person with knowledge" of particular subject areas in a notice of deposition of the EMPLOYER, then counsel setting the deposition does not need to issue... View More

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2 Answers | Asked in Sexual Harassment, Libel & Slander and Personal Injury for Florida on
Q: Can I be sued for defamation if I go public with a sexual harassment claim without proof?

I experienced sexual harassment from a manager who would grab my arm or waist despite safety protocols and called me "baby" after I expressed my discomfort. I've informed a coworker about these incidents, but no formal complaint was filed. Since I've transferred to a different... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 31, 2025

OK, so if a female is sexually harassed on the job, in order to pursue a lawsuit against the employer she has to report the harassment to HR. However, once the employer remedies the problem by either terminating the perpetrator or separating the two employees, then you have no claim against the... View More

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3 Answers | Asked in Estate Planning, Nursing Home Abuse and Personal Injury for Florida on
Q: Assistance needed for signing revised POA at a nursing home.

I need assistance with executing a Power of Attorney at a nursing home where the staff has previously given the notary a hard time. Despite having two signed POAs, I require a revised one to be signed. The situation demands the presence of a credible witness. How can an attorney help facilitate... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 30, 2025

Not sure if you mean you have the revised POA ready and only need execution (signing/witnessing/notarizing), and not sure what you mean by "staff giving the notary a hard time." If you mean you have the revised one ready, and the only problem is that no one on staff is willing to be a... View More

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3 Answers | Asked in Estate Planning, Nursing Home Abuse and Personal Injury for Florida on
Q: Assistance needed for signing revised POA at a nursing home.

I need assistance with executing a Power of Attorney at a nursing home where the staff has previously given the notary a hard time. Despite having two signed POAs, I require a revised one to be signed. The situation demands the presence of a credible witness. How can an attorney help facilitate... View More

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Mar 31, 2025

Go to www.123notary.com to find a mobile notary who will come to you for a small fee (ask them to bring witnesses - although when a client of mine is in a nursing home, I have just grabbed any two individuals to quickly observe and sign as witnesses).

If you need an attorney to prepare the...
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2 Answers | Asked in Criminal Law, Medical Malpractice, Legal Malpractice and Personal Injury for Florida on
Q: Help find pro bono lawyer for son with brain cancer facing criminal charges in Miami, FL.

My son is currently facing criminal charges in Miami, Florida, and has been diagnosed with brain cancer since being incarcerated. His court dates keep getting postponed, and the latest one was supposed to be today but didn't occur. He is feeling unsupported by his court-appointed lawyer, who... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2025

The only pro bono representation available for criminal court is the Public Defender's Office and other court-appointed lawyers. However, there are jail/prison rights advocacy organizations that might be able to provide assistance regarding the medical treatment issue. One is the Florida... View More

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2 Answers | Asked in Consumer Law, Criminal Law, Products Liability and Personal Injury for Florida on
Q: A legal question for a YouTube video/ documentary I’m making about steroid use

Hi, I’m planning to interview a person who uses steroids and an illegal steroid dealer for a YouTube video. I’ll be blocking the dealer’s face and voice for anonymity. I just want to confirm if it’s completely legal to feature these interviews, or if there are any potential legal issues I... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 28, 2025

From a civil law perspective: Best to get each interviewee's signed consent, specifying in detail exactly what you will do with the video(s), how long the video(s) will be public, and releasing you from any liability in connection with the video(s); otherwise, you are potentially opening... View More

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4 Answers | Asked in Civil Rights, Civil Litigation, Wrongful Death and Personal Injury for Florida on
Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 26, 2025

It will be difficult to win a case against the police or fire department. However, there are other parties whose negligence may have caused the house fire. If proven, you could recover damages for the death of your son. In the past, we have seen electricians, builders/contractors, landlords, and... View More

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4 Answers | Asked in Civil Rights, Civil Litigation, Wrongful Death and Personal Injury for Florida on
Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 26, 2025

Your only option if you want ANY chance of prevailing at all is to retain a personal injury law firm, and you can look state-wide. Taking on something like this is very complex and would be extremely difficult for you to undertake on your own. Not only would there have to be an investigation of... View More

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4 Answers | Asked in Civil Rights, Civil Litigation, Wrongful Death and Personal Injury for Florida on
Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 27, 2025

Suing a government agency like the fire or police department for negligence can be difficult due to sovereign immunity, which limits such lawsuits. To succeed, you would typically need to prove gross negligence or failure to meet a legal duty, and strict legal deadlines apply.

It may also...
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2 Answers | Asked in Business Law and Personal Injury for Florida on
Q: Am I liable if an unregistered association I belong to in Florida gets sued?

I am a member of a woodworking association in Florida, which is not a registered entity. There are no signed agreements for members, and I am concerned about personal liability if the association gets sued, especially in cases involving injuries from tools like saws. As just a member with no... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 25, 2025

An association that is not a registered legal entity (such as corp. or LLC) is not an entity that has the legal capacity to be sued - it's simply a group of individuals associating with each other, and therefore, there is potential liability for each and every individual that can be accused of... View More

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2 Answers | Asked in Car Accidents, Real Estate Law and Personal Injury for Florida on
Q: Can I be compensated for car and house damage caused by another driver?

My parked car and house were damaged by another driver who was at fault and has insurance. A police report was filed, but I haven't contacted my own insurance company yet. Will I be able to be compensated for those damages?

Charles M.  Baron
Charles M. Baron
answered on Mar 24, 2025

Yes, and the first step is to set up a claim with that driver's insurance company. You must obtain repair estimates for all damages, and if the limits of that driver's policy are not sufficient to cover your entire repair cost (both home and car), you can look to your own insurance... View More

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3 Answers | Asked in Nursing Home Abuse and Personal Injury for Florida on
Q: How can I sue a nursing home for neglecting my grandmother in Florida?

I want to sue a nursing home for neglect of my grandmother. She was there for one week and ended up with bruises, a UTI, dehydration, and was left in dirty diapers for extended periods. She claims she was "manhandled" by four employees, and staff hid her cellphone to prevent her from... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2025

Sorry to hear about your grandmother's horrible ordeal. She has a potential claim for substantial money damages, which must be handled by an attorney. Promptly pick up the phone and call a lawyer who is in the County where the nursing home is to schedule a free consultation, either in person... View More

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3 Answers | Asked in Nursing Home Abuse and Personal Injury for Florida on
Q: How can I sue a nursing home for neglecting my grandmother in Florida?

I want to sue a nursing home for neglect of my grandmother. She was there for one week and ended up with bruises, a UTI, dehydration, and was left in dirty diapers for extended periods. She claims she was "manhandled" by four employees, and staff hid her cellphone to prevent her from... View More

Charles "Kip" Sinclair
Charles "Kip" Sinclair
answered on Mar 22, 2025

If they caused your grandmother any permanent injuries, then you can sue the nursing home on her behalf. Look for severe dehydration, malnutrition, weight loss, falls with injuries or any pressure ulcers.

If so, call and consult with a nursing home lawyer.

Sorry about what...
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4 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: Unauthorized driver totaled my car in accident; other driver at fault. What should I do?

I lent my car to my cousin while he was visiting for the weekend. His friend took my car without permission and was involved in a car accident, totaling the vehicle. The police are not aware of the unauthorized use, as my cousin did not report it. The other driver was at fault, but the unauthorized... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2025

I assume you have made total disclosure to your insurance company of the facts. If not, you need to do so immediately. I'm guessing from your description that the unauthorized individual is attempting to receive the PIP benefits under your policy for payment of medical bills and/or is... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Inquiry about pursuing damages after radiation treatment setup error in Florida

I underwent radiation treatment in 2023, and significant damage became apparent soon after. The issue arose because the marker for the radiation was set by someone other than the doctor who performed the procedure. I'm concerned about the possible negligence involved and am seeking advice on... View More

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Mar 18, 2025

If you suffered injury from medical treatment as described, then you may just have 2 years under Florida law to claim from the date you knew there was damage. The set up by a medical technician etc will still be subject to a standard of reasonable care within that profession. Thus, you should... View More

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5 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Mar 18, 2025

Negligent security is a real and recognized claim under florida law. These facts suggest the claim is worth consulting a lawyer. The property had a duty here to exercise reasonable care, and if there's a history of violent crime that would have required heightened security, cameras,... View More

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5 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 18, 2025

An apartment owner has a legal duty to protect any person that is rightfully on the premises from criminal attacks that are foreseeable. A criminal attack would be foreseeable if the apartment building was located in an area that experienced crime of this type in the past. If so and the building... View More

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5 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 18, 2025

Yes, you can sue the apartment complex/landlord. The non-working security cameras are a huge red flag and will likely impart liability on the landlord. If other similar crimes have occurred in the complex, this will further show the landlord knew of the danger and failed to protect the occupants... View More

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