Ask a Question

Get free answers to your Personal Injury legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury for Florida on
Q: A litigious attny in my office for therapy. He made a joke about getting shocked charging his phone.

I told him to be careful as the faceplate was loose. After he charged his phone he joked that he was shocked by the outlet. Should I be worried. He loves to brag about the people he’s tortured when they cross him.

Charles M.  Baron
Charles M. Baron
answered on Jan 16, 2025

If he didn't need immediate medical assistance, the odds are against a claim being made. Can a frivolous or weak claim be made? Of course it can - but there are ways of handling that and protecting you. In any event, if you have premises liability insurance, your insurer should provide free... View More

View More Answers

2 Answers | Asked in Personal Injury for Florida on
Q: A litigious attny in my office for therapy. He made a joke about getting shocked charging his phone.

I told him to be careful as the faceplate was loose. After he charged his phone he joked that he was shocked by the outlet. Should I be worried. He loves to brag about the people he’s tortured when they cross him.

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Jan 17, 2025

Hello. For the litigious attorney in your office I would say that there are likely $0 in damages involved and if he were to file a lawsuit (which costs around $300+ depending on certain factors) the judge would probably award him $1 with what are called "nominal damages" to encourage you... View More

View More Answers

2 Answers | Asked in Civil Litigation, Medical Malpractice and Personal Injury for Florida on
Q: My arm entirely bruised after heart catheterization last week. Not small bruise and bump like their brochure says.

I wish I could upload a photo. Doctor office sent me home with post procedure instructions. Within the instructions it says I may have a small bruise and/or a bump at the site of cath insertion. The bruising i have starts at the lower part of my thumb and extends all the way up to my armpit on the... View More

Linda Liang
Linda Liang
answered on Jan 2, 2025

Everyone's body is different. You may have an abnormal reaction. It does not mean the doctor should have done something to avoid it. The sole abnormal bruise is not proof of a doctor's negligence.

View More Answers

2 Answers | Asked in Civil Litigation, Medical Malpractice and Personal Injury for Florida on
Q: My arm entirely bruised after heart catheterization last week. Not small bruise and bump like their brochure says.

I wish I could upload a photo. Doctor office sent me home with post procedure instructions. Within the instructions it says I may have a small bruise and/or a bump at the site of cath insertion. The bruising i have starts at the lower part of my thumb and extends all the way up to my armpit on the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 2, 2025

See another physician to find out if the condition is serious. If it is, you need treatment, and you sue, the other physician might be a good expert witness. If you seek treatment, and you are covered by insurance, the insurance carrier may also help with an attorney.

View More Answers

1 Answer | Asked in Personal Injury for Florida on
Q: How long to recieve a settlement check in Florida with no medical liens? My lawyer contacted medicaid over 2 weeks ago.

And medicaid still hasn't responded. I have never used medicaid in my life. Does it usually take this long? It's been 40 days total since we settled.

Drew Bruner
PREMIUM
Drew Bruner
answered on Dec 2, 2024

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

1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: Can they come after my house, wages, savings and social security for the difference? How about husband's assets?

The wife was involved in an auto accident and hit a bicyclist in Florida. Bicyclist was injured. I have $100,000 insurance, but the bicyclist medical bills are over $200,000. Bicyclist has an attorney. Can they come after my house, wages, savings and social security for the difference? Can they... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Dec 2, 2024

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

1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: In a personal injury if the person eas on Medicare half of the time and on Medicaid the other half. Is cap for suing?

A relative died because of nursing home negligence and a fall.

Charles M.  Baron
Charles M. Baron
answered on Nov 23, 2024

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

1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Mother woke up during surgery.

A year ago my mother 70 years of age woke up during cataract surgery while the surgeon instrument was inside the cornea causing injury. This happened with a very well known doctor at an ambulatory clinic. The anesthesiologist was not able to keep my mother asleep during the procedure since my... View More

James Clifton
PREMIUM
James Clifton
answered on Nov 12, 2024

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

1 Answer | Asked in Personal Injury for Florida on
Q: slip and fall from street to sidewalk

I was walking up the street and through a crosswalk when I noticed wet sludge cement and mud. So in an effort to avoid this I walked around it in the street and when I went to step up on sidewalk I slipped on more sludge that was streaming aside the curb and I fell on knee. I cut it which later... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 11, 2024

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

3 Answers | Asked in Personal Injury for Florida on
Q: Went for a walk and hit a super slimy slippery piece of sidewalk.wiped out hard and broke tibia and fibula in left leg.

2 surgeries-7 days in hospital and now looking at 1 month stay in rehab followed by home rehab.wont be able to walk on leg and drive car until at least January.do have a good case vs city?their were no signs of any kind to avert area/with light rain coming down I couldn’t see the hook on... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Nov 6, 2024

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

View More Answers

3 Answers | Asked in Personal Injury for Florida on
Q: Went for a walk and hit a super slimy slippery piece of sidewalk.wiped out hard and broke tibia and fibula in left leg.

2 surgeries-7 days in hospital and now looking at 1 month stay in rehab followed by home rehab.wont be able to walk on leg and drive car until at least January.do have a good case vs city?their were no signs of any kind to avert area/with light rain coming down I couldn’t see the hook on... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 6, 2024

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

View More Answers

3 Answers | Asked in Personal Injury for Florida on
Q: Went for a walk and hit a super slimy slippery piece of sidewalk.wiped out hard and broke tibia and fibula in left leg.

2 surgeries-7 days in hospital and now looking at 1 month stay in rehab followed by home rehab.wont be able to walk on leg and drive car until at least January.do have a good case vs city?their were no signs of any kind to avert area/with light rain coming down I couldn’t see the hook on... View More

Michael J. Mandelbrot
PREMIUM
Michael J. Mandelbrot pro label 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

View More Answers

3 Answers | Asked in Personal Injury for Florida on
Q: my attorney had received an offer which was a 1/4 worth the value of the at faults claim coverage my attorney

My attorney is encouraging me to think more medical treatment and he says it will help to ensure more payout for my claim as opposed to me just closing out now is it true that if I seek more medical treatment I could get a bigger payout or is this a hoax

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

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

View More Answers

3 Answers | Asked in Personal Injury for Florida on
Q: my attorney had received an offer which was a 1/4 worth the value of the at faults claim coverage my attorney

My attorney is encouraging me to think more medical treatment and he says it will help to ensure more payout for my claim as opposed to me just closing out now is it true that if I seek more medical treatment I could get a bigger payout or is this a hoax

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 29, 2024

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

View More Answers

1 Answer | Asked in Personal Injury for Florida on
Q: a mother sued for neglience on baby death/ father did not know there was neglience. what can he do to be added to suit

Father just found out his son died due to neglience of hospital in 2009. mother started a suit in 2019. she just contacted him and told him about the suit and actually showed the death certificate. he was unaware of suit and the hospitall neglience. what should he do? she did not included him in... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 24, 2024

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

2 Answers | Asked in Personal Injury for Florida on
Q: What is the worst thing that can happen if I don’t sign the affidavit request from the other party’s attorney?

I was involved in a rear end accident with a motorcyclist. They are filing to claim under my insurance and the other party’s attorney is requesting an affidavit of request. I’m not really comfortable with signing the request.

Tim Akpinar
Tim Akpinar
answered on Oct 20, 2024

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

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Do I have a case?

The patient had surgery, developed an infection, and later was hospitalized. The attending doctor performed labs, resulting in Staphylococcus aureus (MRSA), a recommendation for debridement was intervened by the original doctor. After discharge, the original doctor ignored the recommendation to... View More

Jonathan E. Freidin
Jonathan E. Freidin
answered on Oct 17, 2024

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

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Do I have a case?

The patient had surgery, developed an infection, and later was hospitalized. The attending doctor performed labs, resulting in Staphylococcus aureus (MRSA), a recommendation for debridement was intervened by the original doctor. After discharge, the original doctor ignored the recommendation to... View More

Anthonia Imudia
PREMIUM
Anthonia Imudia
answered on Oct 17, 2024

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

View More Answers

2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Florida on
Q: Can my friend sue for negligence after a detox facility and police mishandled his Baker Act?

I helped my friend check into a detox and mental health facility one afternoon. The next morning, when I called to check on him, they had no idea where he was. I later learned from a corrections officer friend of mine that my friend was in jail for petty theft… stealing water and a sandwich,... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 13, 2024

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

View More Answers

1 Answer | Asked in Personal Injury and Workers' Compensation for Florida on
Q: I work at a company for 13 years after 7 years of working for this company and developed white lung

I worked in their warehouse bakery I was fired after 13 years because of a drug addiction that I had so the guilt in me did not try to collect compensation I know the statue of limitations is probably up it's been since 2001 but I'm still having respiratory issues is there anything I can... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 3, 2024

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.