Typically, at our Firm, it takes around 30-45 days. Sometimes, formal lien or subrogation waivers are needed in writing, check(s) may need to clear, releases must be negotiated, etc.

Some slowdowns during the holiday season are also not unusual. Regardless, I suggest sitting down with your... View More

I assume your insurance provider has contacted you and provided you with an attorney to deal with the plaintiff's lawyer. If not, contact your insurance company immediately. While the injured party's bills may technically be $200,000.00, often that is the "sticker" price rather... View More

Medicare and Medicaid services, in themselves, do not create a cap on the gross total recovery one can obtain, but Medicare and Medicaid have automatic liens on a personal injury or wrongful death claim so that they can recover what they paid out for treatment as a result of the wrongdoer's... View More

The anesthesiologist had a duty to ensure your mother was adequately anesthetized during the surgery. If the anesthesiologist failed to maintain the anesthesia, leading to your mother waking up, this could constitute a breach of that duty. You would need to prove that this breach directly caused... View More

I recommend that you pick up the phone to seek a free consultation with a lawyer. The potential case being against a local government, some personal injury lawyers will handle that, some won't, as such a claim is often more of a hassle than one against an insured private entity, and it... View More

Every negligence case has two parts: (1) Liability, and (2) Damages. It sounds like you have sustained significant damages, but the issue is whether the city created and/or was aware of a hazardous condition prior to your fall and did nothing to remove it. Florida law is very specific regarding... View More

So did you go back and take pictures of the accident site? Was this on private or public property? What time of day or night did you fall down? If pictures were taken, did they show a dangerous condition that a person was not likely to see, who was casually waking? If the evidence shows that the... View More

Michael J. Mandelbrot Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2024

Hi. I think a lawyer would review your potential case. The key questions - has there been falls there before? Did the City about and maintain this street? Was the substance caused by tree, dew or...? Did the City know or should they have know about this dangerous condition. There are very strict... View More

I suggest you have a heart to heart discussion with your attorney, as I see a communication breakdown here. You should seek additional treatment if you truly NEED it, not just to increase the value of your case. Experienced adjusters are not stupid and are looking out for claims that appear to be... View More

Your case's value is based on its damages. Damages encompass past & future medicals, wages/earning capacity, and pain and suffering (sometimes punitive/punishment damages, but that's rare). However, pretty much all damages are primarily based on the medicals meaning the more treatment... View More

You appear to be sending this question in on behalf of the father, as friend or relative to the father. If that's the case, tell the father to pick up the phone and call a lawyer. He should've been notified of the suit at the time it was being pursued, which apparently was a long time... View More

I don't blame you. An affidavit from the opposing attorney is rarely something meant to help you. It sounds like you are the defendant here. That would mean your insurance carrier will be arranging defense counsel for you. Review the affidavit request with them. As my colleague advises,... View More

While every case is different, and all medical malpractice cases require a in-depth look at the medical records, it sounds like the original doctor may have been negligent in failing to perform repeat labs, recognize the infection, and act quickly enough to prevent serious injury or further spread... View More

The legal implications of a doctor ignoring a recommendation to repeat a laboratory test for MRSA after a patient's surgery and waiting a year to debride the wound, resulting in disfigurement and chronic pain, can be significant under Florida law. This scenario likely constitutes medical... View More

You are obviously a very good friend to that person - but your friend must be the one who seeks legal advice. You may assist your friend by looking for a lawyer for him to consult with, and your friend can include you in the communications with a lawyer if he wishes, but it would not be lawful for... View More

You are right that the applicable limitations period is PROBABLY expired, but reliable legal advice on whether any particular issue/dispute definitely is or is not still within the applicable limitations period is something that must be asked for by picking up the phone and speaking directly to a... View More

As the plaintiffs, you will have the burden of proof to prove the food you purchased caused the poisoning you and your family suffered. The important evidence you will need are: Proof you purchased the bad food from the Defendant. Proof that the food was unhealthy, which may be proved by the... View More

Cesar Mejia Duenas Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2024

In Florida, to oppose the Motion for Summary Judgment, you should file a written response detailing the new evidence you discovered from the surveillance footage. Explain that the video now shows how the spill occurred and how long it was on the floor, which creates a genuine issue of material... View More

You need to file an opposition to the motion for summary judgment. It should be supported by an affidavit (written statement under oath and signed by you and the notary before whom you swore under oath) setting forth the genuine issues of material fact which you believe would be issues to prevent... View More

You likely have lost the ability to file a lawsuit against the city because a notice of claim must be filed within 180 days of the accident. You will need to go after the contractor under a standard negligence claim. As with the city, there are specific time frames that you must meet to make sure... View More