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Florida Personal Injury Questions & Answers
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
PREMIUM
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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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
PREMIUM
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... View More

Gregory C. Maaswinkel
PREMIUM
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... View 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... View 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... View 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... View More

2 Answers | Asked in Personal Injury and Animal / Dog Law for Florida on
Q: A cat jumped jumped the fence and entered my backyard. My dogs hurt it. Am I responsible for the vet bills?

I broke up the attack but the cat was hurt. One of my dogs is hurt. Am I responsible for the cats vet bills?

Michael  Mayoral
Michael Mayoral
answered on Oct 28, 2021

Yes, generally speaking, you could be held liable for the damages (bills). Under Florida Statute § 767.01 "Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of “domestic animal” and “livestock” as provided by s.... View More

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

why my workers comp attorney won't send my personal injury attorney my file case?

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 18, 2021

Without more information, it's difficult to answer this question. There can be a host of reasons such as your work comp attorney wanting to be paid by your personal injury attorney for documents that he/she will be producing, etc. Really, though, your work comp and personal injury attorneys... View More

3 Answers | Asked in Criminal Law, Personal Injury and Small Claims for Florida on
Q: I was assaulted in the workplace, how can I sue the individual who assaulted me?

Already working on a PI case against the employer.

Michael  Mayoral
Michael Mayoral
answered on Oct 12, 2021

You would sue the person who assaulted you in the same lawsuit as the PI case against your employer. I suggest that you retain an attorney to handle both matters, or tell the attorney you already have on the employer case that you also want to sue the individual.

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2 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on
Q: In the state of Florida how long do I have to file for any kind of claim/alternative negligence,malpractice etc?
Domenic J. Celeste
Domenic J. Celeste
answered on Oct 9, 2021

For general negligence, it's 4 years from the date of your accident. For malpractice, it's generally 2 years from the time the incident is discovered or should have been discovered. For wrongful death, it's also 2 years. If you have any question about whether you may be approaching... View More

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1 Answer | Asked in Personal Injury, Civil Litigation, Government Contracts and International Law for Florida on
Q: Got injured on the job

I got injured on the job by a coworker. do I have to accept worker’s compensation?

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 7, 2021

I'm not sure why the labels for this question include government contracts and international law, but, if this is an accident that occurred at work in Florida and is not a Federal Agency, if you were injured on the job, in almost all circumstances, your only choice is workers'... View More

1 Answer | Asked in Employment Law and Personal Injury for Florida on
Q: If an employer forces you to take the EUA Pfizer and does not have the FDA pfizer, are they held accountable? Is pfizer

Held accountable for any vaccine injuries?

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 7, 2021

Were you injured in any way allegedly due to the vaccine? It appears not, so I think that this question is a little premature to be asking until and unless something does happens. The only thing that I can say is that you should document everything in the meantime. Don't go looking for... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: I've been trespassed 12X & had 25 - 911 Calls on me w/ Zero Arrests. Do I have a case? I'm in Florida.

I have done nothing wrong. I have Bipolar 1/OCD/Anxiety & some other health issues.

I have no criminal past & no violent history. I've never threatened anyone or been inappropriate with anyone at any of these businesses. Just about all of the phone calls are businesses. One... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 7, 2021

I'm not exactly sure what you are asking here. It seems that you are asking whether you have a case for discrimination due to your Bipolar/OCD/Anxiety disorders against these establishments who've called 911 and that have alleged that you've trespassed. I'm not sure what the... View More

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