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Florida Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: Can someone sue me for a car accident after it was dismissed with prejudice?

In 2014 I was in an at fault car accident. It was later resolved with a dismissal with prejudice. I just found out my license is suspended and when I called they told me I had a lawsuit against me for the accident. I looked up the florida court records and they had opened a new lawsuit against me... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 20, 2020

If the second suit is for the same incident and same claimed damages, a motion to vacate the judgment in the second suit should be filed and set for hearing before the judge currently assigned to that case number. You must compare the complaint filed in the first suit to the one filed in the... Read more »

1 Answer | Asked in Personal Injury and Municipal Law for Florida on
Q: Why can't the police unions be sued if they interfere with the discharging or hiring of officers with procedural violati
Charles M.  Baron
Charles M. Baron answered on Oct 15, 2020

Your inquiry is too vague as to the "interference" you are referring to.

1 Answer | Asked in Personal Injury for Florida on
Q: Does an injury lawsuit close if the accuser dies, not from injury. Or does a settlement go to the next of kin
Tim Akpinar
Tim Akpinar answered on Sep 20, 2020

A Florida attorney could advise best, but your question remains open for two weeks. As a GENERAL MATTER in many jurisdictions, the settlement award goes to the estate if the plaintiff dies. Going to next of kin could depend on the existence of a will or other arrangements - that's something a... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Florida on
Q: how can i change my workmans comp lawyer without cost

I feel my lawyers is not doing enough to help me on my case as result my injuries are not getting better they are getting worse

Mitchell Feldman
Mitchell Feldman answered on Sep 20, 2020

You can Ask them if they will waive their fee lien. But if they incurred advanced costs on your behalf they should be reimbursed upon a settlement, but again they can waive it too.

All you can do is ask

3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: When suing a surgeon for medical battery, do I name him or name of his practice as the dependent of the case?
Charles M.  Baron
Charles M. Baron answered on Sep 8, 2020

I assume you mean "defendant", not dependent. There is no cause of action (ground for lawsuit) called "medical battery". If you were the victim of a battery (an intentional act), you would sue for battery - and you may or may not have a separate cause of action for negligence... Read more »

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1 Answer | Asked in Personal Injury for Florida on
Q: husband injured in fall on stairway in his sisters house (broke arm) Can she be sued without his consent or knowledge?
Michael S. Foster
Michael S. Foster answered on Aug 12, 2020

Usually the only way to sue is with his consent unless he has a guardian ad litem or some person appointed by the court to act in his best interests if he is not in a good mental state. You can learn more at www.fosterwallace.com

1 Answer | Asked in Personal Injury, Civil Rights, Entertainment / Sports and Municipal Law for Florida on
Q: My son fell out of a tree and was seriously hurt at a park in Lake Worth Fl. Can the park be held accountable?

Broken L4 & L5, broken Rt Hip with surgery, shattered pelvic bone with Pelvic Ring insertion surgery

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

So sorry to hear about your son's injuries. The local government that owns the park could be liable depending on all the facts and circumstances. The issue is, what did the park or government staff do WRONG; how is it their fault? If you are asking if they are AUTOMATICALLY liable for any... Read more »

2 Answers | Asked in Personal Injury and Libel & Slander for Florida on
Q: How much evidence do I need to file a Discrimination/Slander lawsuit against winn dixie employees for calling me names

I was in a electric shopping cart and several employees and customers called me unnecessary names because of the way I look

Charles M.  Baron
Charles M. Baron answered on Aug 5, 2020

Before asking what evidence you need, the first question is whether the facts support any type of claim that would be viable in court, as that is the only type of claim that the company's lawyers or insurance carrier would take seriously. Under most circumstances, an isolated incident of... Read more »

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4 Answers | Asked in Personal Injury for Florida on
Q: Is it too late to involve an attorney for a fall/injury my wife had @ Fla outdoor mall in May 2019?

Just wondering if it’s too old she’s getting no cooperation with mgmt company anymore.

Daniel Marc Berman
Daniel Marc Berman answered on Aug 4, 2020

No. It is not to late. You have 4 years from the incident date, though the quicker you retain an attorney, the better.

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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I was laid off from may job, and asked to continue working until 9/4/20 with a two paid period severance

During that time I had a auto accident and was hospitalized with injuries and surgeries, work comp is now involved and I don’t know my legal rights because being laid off prior.

Tim Akpinar
Tim Akpinar answered on Jul 30, 2020

A Florida attorney could advise best, but your question remains open for two weeks. A good starting point would be to try to arrange free initial consults with a personal injury attorney - and if the accident occurred in the course of employment, a workers' comp attorney. Move quickly, so... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: How do you fight concurrent causation in personal injury

urrently being sued for damages from a car accident. However, the plaintiff was involved in a separate accident two days later. Most of her diagnoses came after the second accident

Tyler Young
Tyler Young answered on Jul 29, 2020

First, you should turn this over to your auto insurance company. They handle defense of the cases and pay any settlement or judgment.

Second, if you don't have insurance, you should hire an insurance defense attorney (likely by the hour) to help you defend the case. This likely...
Read more »

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1 Answer | Asked in Construction Law and Personal Injury for Florida on
Q: Are there any laws that make it illegal to have an AC unit in the attic?

A person injured trying to stop a leak.... they climbed into the attic on multiple occasions over the years to store items and knew not to step on the drywall. The person was injured coming down the ladder when the ceiling caved in and was told by a healthcare worker that had a friend that... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 20, 2020

The issue of whether there is liability for the injuries described and the issue of whether it was legal for the A/C unit to be installed in the attic are two separate issues, though if it was illegal, it could be one factor (amongst others) in the negligence analysis. Your local government... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Implanon was inserted to deep and cannot be removed without a surgeon is there a chance an attorney would take on?

J

Tim Akpinar
Tim Akpinar answered on Jul 17, 2020

A Florida attorney could advise best here, but your question remains open for three weeks. It could depend on the extent of damages resulting from the insertion. I hope it did not cause serious damage, but that's something a medical professional would be needed to substantiate. You could... Read more »

1 Answer | Asked in Personal Injury, Business Law, Car Accidents and Insurance Bad Faith for Florida on
Q: Taxi cab hit us, no insurance. Opening multiple LLC' to avoid prosecution? How is this legal?

They have no assets to go after as he is an LLC. How do I have little recourse against them as my attorney states a grim outcome?

Tim Akpinar
Tim Akpinar answered on Jul 16, 2020

A Florida attorney could advise best, but your question remains open for four weeks. Your attorney has as a point. This situation arises with commercial operators that are undercapitalized and underinsured (or worse, uninsured, as is the case with this vehicle). Your attorney has probably already... Read more »

3 Answers | Asked in Personal Injury for Florida on
Q: I was hit by an 18wheeler
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 14, 2020

So?

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1 Answer | Asked in Employment Law, Personal Injury and Employment Discrimination for Florida on
Q: I have spent 4 years trying to get HR to help me. They didn't trust or believe me. It took 9 people quit
Tim Akpinar
Tim Akpinar answered on Jul 11, 2020

A Florida attorney could advise best, but your post remains open for a week. If this involved an injury (you included Personal Injury in your categories), it isn't clear from the brief description what type of injury it was. If there was an injury that arose in the course of employment, a... Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: I need help! I have been made very ill by contamination from working in two separate buildings.

I lost my memory, developed heart issues, due to sinus contamination. No sense of smell now. The second time the same issues, but I lost my balance, and now my left hand last two fingers are numb all the time. Every morning I spend time clearing my sinuses so I can breath. They knew the... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 27, 2020

A Florida attorney could advise best, but your post remains open for a week. I'm sorry for your ordeal. You mention working in buildings. A starting point in learning about your rights here could be to contact a workers' compensation attorney. Many offer free initial consults. If you have... Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: Do I just have to live with it? I worked in two buildings that had mold contamination. I got very sick, what do I do?

I lost memory, my sense of smell, my balance, and now my last two fingers are numb all the time. Heart issues, breathing issues, and so very scared of catching the COVID.

Charles M.  Baron
Charles M. Baron answered on Jun 23, 2020

You must consult an attorney handling workers compensation cases ASAP!! Injuries and illnesses caused at an employee's worksite generally must be remedied in workers compensation cases, with the employer's workers comp insurance kicking in. In some situations, there might also be... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Insurance Defense for Florida on
Q: Can my assets be brought into a previous lawsuit if we get married?

My fiancee was involved in a car accident while he was on his parents policy. One person did not settle and is now sueing. Can my assets be brought into the lawsuit once we get married in November 2020?

Charles M.  Baron
Charles M. Baron answered on Jun 19, 2020

A party's assets are not an issue in such a lawsuit unless and until a money judgment is entered against the party, and then it's an issue only if there is no or too little insurance coverage to protect the party - for example, if a judgment for $50K is entered against the defendant, who... Read more »

2 Answers | Asked in Civil Litigation and Personal Injury for Florida on
Q: I was sexual assault by father when I was younger than twelve. Seeking guidance on civil litigation for restitution

Seeking restitution in cash and real estate holdings

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

So sorry to hear that. I agree with my colleague Mr. Ferro. You posted you inquiry for Fla. attorneys, yet you are writing from Georgia. You should consult an attorney is the State where your father is located. The main issues to examine are (A) proof of the sexual assault (anything beyond your... Read more »

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