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Florida Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Real Estate Law for Florida on
Q: Can our HOA board controlled by Builder make us sign release to be on transition committee?

....and assigns release, waive, acquit and forever discharge and hold harmless Property Name, Inc., and each of its, successors, assigns, members, officers, directors, employees, agents, managers, management companies, servants, heirs, executors, administrators, insurers, attorneys, and persons,... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 11, 2022

They can always ask but you do not have to sign it. I would recommend you not sign it without having a lawyer review the entire document, which may not be worth the cost, considering you are volunteering.

Developer-controlled HOAs will do or say anything because they are counting on you not...
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1 Answer | Asked in Personal Injury for Florida on
Q: I heard on the radio about reopening a injury lawsuit.... If I feel I was forced into settling in court because covid

I feel like because when covid hit our doctor was closed and then eventually the lawyer called and said she thought it would be best if we settleed but I feel I didn't get fairly compensation for the accident. My boyfriendand I both were in a lyft accident do u think I would have a fair case

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2022

No. You settled your case on the advice of your attorney. A settlement would not be worth the paper it was printed on if you could change your mind at any time.

2 Answers | Asked in Personal Injury and Workers' Compensation for Florida on
Q: Good morning A dog attack me will I’m working and I broke my elbow I left the work for tow months

I hired a lawyer For personal injury

The insurance cover for dog only 50000$ only

The insurance accept to pay 50000 to me

And after deductible I will get around 27000$

So I say no I refuse the offer my lawyer I can’t get more money because the insurance for dog... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Jan 7, 2022

I'm not sure what you mean by deductible, but, I'm assuming it's for attorney's fees, costs, and, maybe, anything that is owed for your medical care. If that's the case, if $50,000 is the limit, then those things would be deducted from that limit, so you wouldn't be... Read more »

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2 Answers | Asked in Personal Injury for Florida on
Q: I was arrested for a bad check my father wrote, we share the same name. He is disabled and I went to the store for him.

My father is disabled and I have to go to the grocery store for him. A check bounced, he was informed and tried to recover the check, they said they could not find it. Months later I was arrested for the check. It was my father's, and he tried to get the check. We share the same name, I am the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 6, 2022

You did not ask a question, but I guess you want to know what should be done about this, and perhaps you want to know if you may make a claim for money damages due to wrongful arrest. If the criminal case is still pending, you must focus on getting yourself cleared of the charge, which means you... Read more »

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3 Answers | Asked in Personal Injury for Florida on
Q: Can you sue for safety a storage facility? I was stuck in an elevator for 30 minutes. Elevator emergency call button

Button went to a voice mail and no emergency services worked. Had to call from my phone which had service by a miracle

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 5, 2022

No, you can't sue; you have no damages. Report the incident to a local agency which regulates elevator safety.

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3 Answers | Asked in Contracts, Personal Injury and Constitutional Law for Florida on
Q: Can HOA's create rules in their bylaws that circumvent state laws they operate within.

I live in Florida and the state law identifies what common areas are, but the HOA bylaws say the board has broad discretion with respect to what common areas are and have used the bill only certain homeowners and as a result circumvent county zoning rules

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 3, 2022

The common areas are designated by the plat of the community and the Declaration of Covenants, Conditions and Restrictions. The board has discretion on how to spend HOA funds to maintain common areas. I am not sure what you mean by the last part of your statement "have used the bill only... Read more »

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1 Answer | Asked in Personal Injury and Health Care Law for Florida on
Q: Can I sue ?

Critical patient refused from multiple nursing homes due to his Medicare provider insurance not being a top payer. ( reason for denials explained by home nurse) Local hospital sent home. This is a TBI patient with no use of limbs and in extreme pain, who has suffered a broken leg due to fall trying... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 1, 2022

A Florida attorney could advise best, but your post remains open for two weeks. But in general, this appears to be something more complex than can be answered in the format of the three questions you pose, where you ask if this could be a discrimination, personal injury or neglect case?

A...
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2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: How much is a permanent scar and no pigment in a knee for my 17 year old worth?

Son was in a rollover accident in someone elses car. He had an avulsion wound to the knee. He has a permament scar on his knee, he will always have to protect from sun and it will never have feeling on it.

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Dec 31, 2021

There are too many unknowns to answer your question. For example, in addition to the scarring, are there any functional problems? Any types of vocations that he will not be able to do? Even though he is 17, did he already have a job, hobby, or career goals that may be impacted by his injuries? Are... Read more »

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1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Florida on
Q: Can a Psych evaluation be asked for during a trial to determine the character of someone?

Hypothetical Situation: A person is a child(who is of at least 20 years of age) of someone who is emotionally abusive. The parent behaves in a way in which that makes the child feel that they are in danger. The child acts in self defense and throws something that hits the parent and the parent... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 31, 2021

If I were the judge, I would deny the request. For self-defense, the relevant issue is whether the defendant reasonably believed throwing the object was necessary to protect the defendant from threatened force on the part of the parent. Testimony of the psychiatric evaluator would be irrelevant... Read more »

1 Answer | Asked in Personal Injury, Products Liability and Medical Malpractice for Florida on
Q: Do I have a case against the medical company who made a product that has caused chronic pain and 2 surgeries this year?

After having complications and surgery from the mesh for my bladder my doctor used a product called macroplastique (Pfizer ) which is a filler that is supposed to last forever. Afew years I started having constant pain and bleeding, which at first the dr thought were bladder infections and kidney... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 30, 2021

A Florida attorney could advise most meaningfully with regard to state law elements, but your post remains open for two weeks. But as a general matter, it could be difficult for an attorney in ANY jurisdiction to advise based on these facts alone, despite your description offering meaningful facts.... Read more »

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Florida on
Q: Can I sue my apartment for not fixing the elevator I am disabled and have fallen, hurt myself having to walk the stairs?

Elevator has been out of order periodically my whole tenancy here, but recently it has been out of order for 90 days maybe more. I have fallen and hurt myself multiple times and almost fall down a flight of stairs everytime I have somewhere to be,

Barry W. Kaufman
Barry W. Kaufman answered on Dec 28, 2021

Maybe. You should contact a personal injury attorney in your area.

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Florida: recently married. New spouse owned property prior to marriage. If I am in a car accident and it’s my fault can

The injured party sue them and their property if owned prior to marriage?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 17, 2021

If your spouse negligently entrusted you with the vehicle (if, for example there were no insurance), your spouse might be sued. If they were to recover a judgment, they could, in theory, levy upon your spouse's premarital property (as well as marital property).

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2 Answers | Asked in Personal Injury and Small Claims for Florida on
Q: My hair damaged and fell out from johnson and johnson
Michael  Mayoral
Michael Mayoral answered on Nov 22, 2021

You may have a claim, the type of case would be called "product liability." You should consult with a product liability attorney in your area.

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1 Answer | Asked in Personal Injury for Florida on
Q: What can be done to prevent a lawyer from imposing a lien if you need to switch lawyers because he has not done his job

correctly, deposed a Dr that he was told not to, gave defense wrong info they are going by, will not do the research nor talk to the dr's that are specialists that are a necessity. It's a PI case where I had an accident dec 30th 2014, sustained injuries and have a brittle bone condition I... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 17, 2021

If your retainer contract with your lawyer has the standard lien language and you fire him, he can then file a notice of lien in your case, and upon any recovery, his fees would likely be based on the amount of work he put in compared to the amount of work a subsequent lawyer would put it to... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Civil Litigation for Florida on
Q: Reopen workers compensation case.

My attorney told me that my workers compensation claim wasn't worth anything. I got ran over by a garbage truck on 12-11-2019. I didn't receive surgery until 10-22-2020. My orthopedic surgeon put me on permanent Disability. During mediation my attorney told me the value of my case will... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Nov 16, 2021

Unfortunately, once you've settled your work comp case, and especially when a judge has enforced the settlement, there's not much you can do. Usually, if you disagree with the judge's decision, you can appeal to the First District Court, but they don't usually do much, and, most... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Just got a letter from a car accident lawyer. What are my next steps?

I was involved in an accident where both parties were deemed at fault by the officer. We traded information through the officer, and I told the other party I would be filing with my insurance when I got home, and they would be hearing from them.

Today, I received a letter from a local law... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Nov 15, 2021

If you have car insurance, it should defend you against the claim being made against you. If you believe you may have a claim against the other party (say you have injuries, car damages, lost wages, etc), then, just as the other party has done, you'd hire your own attorney. Unless you plan on... Read more »

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2 Answers | Asked in Family Law, Personal Injury, Constitutional Law and Health Care Law for Florida on
Q: I just found out last night from my 9 year old that her older sister and niece have the Corona virus and she was expose

He hid it from me so I wouldn't know what legal action can I take

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 13, 2021

Until you know whether she actually has it there isn't much you can do. And after, you can take him to court for violating parental responsibility.

Good luck!

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5 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: I was assaulted by a Dollar tree manager as a customer, what type of lawyer do I need? Criminal and civil?

A Dollar tree manager assaulted me, threw, my cane, shove me & grabed my phone when I told her I was recording her because she wouldn't do a refund on things I had bought 2 mins. earlier w/receipt even though Dollar tree policy is to do so. As soon as I told her I was recording her she... Read more »

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Nov 7, 2021

You may have a claim for personal injuries based upon assault, battery, negligent hiring and retention, negligent and or intentional infliction of emotional distress. You should consult with an injury lawyer that charges you no fees or costs unless you win. You should also preserve your phone... Read more »

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1 Answer | Asked in Contracts, Personal Injury, Workers' Compensation and Civil Litigation for Florida on
Q: Lawyer paperwork

My workers compensation case is done. I moved to another county. I've been contacting my WC lawyer to get my files so I can give them to my personal injury lawyer but she haven't been returning my calls back. Can i get my files from another facility if i live in a different county if... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Nov 3, 2021

I answered this same question under the workers' compensation topic. Here is my answer: "If your case is over and settled, your work comp attorney should have collected his/her costs from the settlement. These are costs for things, like obtaining your records, on the case. Thus, if your... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Federal Crimes and Sexual Harassment for Florida on
Q: I need an attorney to speak with from the Middle District of Florida to represent me to file a lawsuit on a court

From a federal agency that has abused me at home and in my car for eight years and two months.

Charles M.  Baron
Charles M. Baron answered on Nov 2, 2021

It's hard to tell from your brief description what your legal issue is. The word "abused" does not indicate which rights you believe were violated. (For example, the right to be free from false arrest or police excessive force, the right to freedom of speech, the right to be... Read more »

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