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Florida Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Communications Law and Libel & Slander for Florida on
Q: Can another lawyer post things about your case & bash you on social media if they're not your lawyer or on the case ?

There's a Facebook group where there is two Florida lawyers are talking about my case to members of it. They're posting screenshots from pacer about the lawsuit against me and making fun of me when they have no information on this matter, and I haven't been able to prove my... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 30, 2023

You actually raise a couple different issues here. 1. Can Court documents available on PACER lawfully be disclosed on social media? Yes, because they're public records, and the fact that the discloser is a lawyer who is not on your case is irrelevant. 2. Can someone lawfully make fun of you... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My wife was in accident not her fault & settlement is 25k 8,333 att fee 521 cost 5,223. Med Net 10,900

Is this normal?

Drew Bruner
PREMIUM
Drew Bruner
answered on Jan 27, 2023

Without many facts—that is a very typical breakdown of a settlement disbursement in Florida for a car wreck case.

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2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My wife was in accident not her fault & settlement is 25k 8,333 att fee 521 cost 5,223. Med Net 10,900

Is this normal?

Charles M.  Baron
Charles M. Baron
answered on Jan 27, 2023

I think you're asking if the disbursement amounts are normal, rather than asking if the gross settlement amount of $25K is normal. Either way, a lawyer would have to review the matter to tell you if the dollar amounts are as they should be. Regarding disbursements, GENERALLY: (A) the... Read more »

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1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: See below

There was an auto accident in our HOA. A resident (not me) hit a person on a bicycle. Our security company, under contract, is supposed to ask for ID for any person coming in the community day or night and any guest must be authorized by a resident to come in. We also have a sign that says no... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

a. You should ask the local police if they can and will prosecute the cyclist.

b. The resident driver's liability insurance company might be able to sue the HOA and the security company if the carrier is obligated to pay damages to the cyclist.

c. The cyclist is probably...
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6 Answers | Asked in Personal Injury for Florida on
Q: I was seriously injured as a passenger in a golf cart accident and was airlifted to have emergency spinal surgery.

Obviously I will pursue the driver of the cart for his negligence but do I have a case against the golf courses as the accident happened on their property with their equipment.

David Hughes Harris
David Hughes Harris
answered on Jan 19, 2023

You may have such a claim. The facts/details, of course, are the key. If the golf cart was owned by the club, versus the operator, then there may be liability against the club. There may be other factors which could lead to the club's liability.

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2 Answers | Asked in Personal Injury for Florida on
Q: A contractor, hired by developer who built my home, injured me, the homeowner. Who is liable for my medical expenses?

The accident occurred due to negligence on their part. I had to go to the ER and get tests done. The person than handles billing at the hospital recommended we put the company’s name as the payer, and to not put my insurance on file, so they wouldn’t go after that. She said we’ll get a bill... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 16, 2023

Both the contractor and the developer are potentially liable - not only for medical bills, but also for pain and suffering damages and any economic losses beyond medical bills. Therefore, if I were you, I'd seek a free consultation with a personal injury attorney in your area to get an... Read more »

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2 Answers | Asked in Personal Injury for Florida on
Q: A contractor, hired by developer who built my home, injured me, the homeowner. Who is liable for my medical expenses?

The accident occurred due to negligence on their part. I had to go to the ER and get tests done. The person than handles billing at the hospital recommended we put the company’s name as the payer, and to not put my insurance on file, so they wouldn’t go after that. She said we’ll get a bill... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 16, 2023

Notify your insurance carrier immediately. When you get the bill, I suggest you send a copy to your insurance carrier and suggest that they demand payment by the contractor.

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1 Answer | Asked in Personal Injury and Animal / Dog Law for Florida on
Q: What do we do about the new neighbors dogs and verbal abuse?

Our neighbors who moved in recently have two Great Danes. We have a Catahoula Leopard. Our dog is super friendly and social with people and other dogs.

The dogs were okay at first, just sniffing and barking. Then their dogs started digging under our fence and barking aggressively every... Read more »

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

If Animal Control won't help you with this issue, you could hire a lawyer to send a cease-and-desist letter, demanding she stop the abusive conduct, or else. What is the "or else"? You could sue to enjoin the nuisance (seek a court order to stop specified acts). That would be... Read more »

1 Answer | Asked in Animal / Dog Law, Personal Injury and Wrongful Death for Florida on
Q: On December 22nd 2022 my dog was hit and killed by an Amazon driver on my property,Amazon left and never said anything.

Amazon driver dropped off a package roughly in between 1:30 and 2:30 p.m. and upon leaving struck my dog with the vehicle. And left my property without saying anything or contacting amazon. When I came back to my property minutes later my neighbor informed me that Amazon delivered a package and I... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 28, 2022

Sorry to hear about the loss of your pet. I have a dog, too, and can imagine your pain. If the death was accidentally caused (that, is caused by ordinary negligence), you likely have four years from the accident date to take legal action to recover (A) the fair market value of your dog at the age... Read more »

1 Answer | Asked in Education Law, Contracts, Criminal Law and Personal Injury for Florida on
Q: Was hit in high school by driver I walking n park lot. 1992 I was 15 yrs old. My parents sued but wrote letter to Judge

And became trustees of my settlement. I lost my right foot it was screwed and bolted on and I had 4 back surgery since then. I never got a penny. My dad has property and Maks $ of me now while I'm on SSD AND FOOD STAMPS. WHAT CAN I DO

Charles M.  Baron
Charles M. Baron
answered on Dec 26, 2022

Because you were a minor at the time, someone(s) had to be trustee(s) until you would turn 18, unless some other legal arrangement was made for them to be trustees until a later age. In the meantime, the trustees had the duty to spend the money for your benefit, so the first issue is: did they do... Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: My coworker is telling everyone at the job my medical records do I have a case

I was shot in my growing area (at home )it was a freak accident and my mother spoke with my boss to let him know what was going on and why I would not be into work for a while My boss then told an employee and now the employee is telling everyone at the job what happened to me So now when I'm... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 9, 2022

You should have an attorney send a cease and desist letter to the people who are disclosing your private medical information and who are defaming your character. Also, if you were shot on a business premises, you may have a security negligence case depending on the circumstances. Have a free... Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: my coworker is telling everyone at my job my medical records do i have a case

i was shot in my growing my mother spoke with my boss and told him whats going on and why i will be out of work for awhile my boss told an employee and now the employee is telling everyone at the job and when i am dealing with a customer female he thinks if funny to say ( hey don't for get to... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 9, 2022

Not sure what you mean by "telling" your medical records. If you mean verbally telling others some of the contents of your medical records without your consent, you might have a potential claim against that individual for invasion of privacy. A couple of issues would need to be examined... Read more »

3 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: I was clocked in at job and was directed to work at a sis property approx 30 miles away.in route was injured in car acci

Accident requiring back surgery.my question is should being on time clock at time of accident be helped by my employers workers comp? And if so is it to late ??

Charles M.  Baron
Charles M. Baron
answered on Dec 7, 2022

Yes, workers comp is for on-the-job injuries. You were driving as part of your paid duties, so you were on the job. But if the accident was the other driver's fault, you can also set up a claim with that driver's insurance and, if necessary, sue the driver (and owner, if different from... Read more »

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2 Answers | Asked in Personal Injury for Florida on
Q: As a parent to an injured child, am I able to pursue parental loss of consortium?

My child was injured at daycare and was put in a spica cast for 4-5 weeks. Life has been anything but “normal” since this happened. I have been sleeping next to her on the couch every night while she wakes up 2-3 times a night, on opposite nights of my husband. Things have become stressed... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2022

I think I responded to a question that you had earlier. An injury of this type can be very serious that could have permanent consequences for her in her future. Accordingly, the only way that you’re going to get justice is to file a lawsuit so you can get full “discovery” from physicians... Read more »

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4 Answers | Asked in Personal Injury for Florida on
Q: Can I sue a daycare for negligence and personal injury?

My child broke her femur at daycare. They didn’t call 911 they called us. Stated they found her on the ground crying. We picked her up and it was considered a spiral fracture from being stuck. Now we have accumulated mass amounts of medical bills from the transport and surgery. They are also... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 27, 2022

You should retain counsel on contingency fee here in Florida which means you don’t pay anything unless you win. Additionally, Counsel should get a preservation of evidence letter out immediately to see if there’s any video footage that needs to be preserved. Act quickly. This website prohibits... Read more »

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3 Answers | Asked in Civil Litigation and Personal Injury for Florida on
Q: I am presently being sometimes respected sometimes not by Rubinstein in law. The whole firm has ignored my injuries

My rights I am on SSDI they have been ignored. I went to college for paralegal studies. I am undergoing so many surgies. He put on public record that Megan paradis is suing Publix with no representation. My injuries have been ignored. Now supposedly him and Irwin ast and Leo are my co... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 24, 2022

You have the unconditional right to discharge your lawyer at any stage of litigation. Once you hire a new attorney, the old attorney will have a lien on the new attorney’s share of the disbursement once the case settles. (For work done by the old lawyer). In other words the Lien will not attach... Read more »

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1 Answer | Asked in Personal Injury and Contracts for Florida on
Q: Could we sue Lowes for leaving live copper wire exposed above the stove in our kitchen after removing the kitchen hood?
Charles M.  Baron
Charles M. Baron
answered on Nov 22, 2022

You mean leaving it exposed, but with no one being injured by electric shock? If so, this isn't a personal injury question, but rather a breach of contract question. If someone WAS injured, clarify and re-post your inquiry. If this is simply a breach of contract due to incorrect... Read more »

1 Answer | Asked in Health Care Law, Personal Injury, Legal Malpractice and Medical Malpractice for Florida on
Q: Can I sue the hospital for sending me home with severe sepsis without any antibiotics?

I was hospitalized for over 3 weeks at my local hospital. I went cause I had cellulitis & the medication my primary prescribed didn't work. By the time I went to the E.R. I had 3 different antibiotics thru about 2-3 weeks. Was told after the 2nd round if it didn't work to come to be... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 19, 2022

You will need to consult a medical malpractice attorney for an assessment of your case. Medical malpractice cases are complicated and fact intensive.

1 Answer | Asked in Personal Injury and Civil Litigation for Florida on
Q: I'm inquiring about whether or not there I s a class action lawsuit pending against Aladan corp

Has anyone complained about family members becoming sick do to employment with Aladan Corporations?

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2022

A Florida attorney could advise best, but your question remains open for a week. You could usually find cases under the databases of state court systems. But with class actions or multidistrict litigation involving large companies, venues could be scattered. You could run some online searches of... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: Can a lawyer review my personal injury case that my lawyer refused to take to trial?

2 people that we tried to sue, found ways to absolve them of any negligence.

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 28, 2022

I'm not sure what you mean by review, but if you mean hire a new attorney - yes you can. Attorneys differ in opinions, but the fact that your first attorney did not want to take the case to trial is a red flag for any new attorneys. I'd recommend that you consult with an attorney licensed... Read more »

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