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Florida Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Do I need to sign a release form within 10 days as they requested?

During an extraction for a permanent bridge, I received an injury. Small but am now under another doctor's care hoping it will heal entirely. I requested a refund from the current dentist for the work not yet performed, and have been asked to sign a release but it needs to be done in 10... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 6, 2021

Without knowing what the release says or what you may be waiving by signing it, I don't think any attorney can give you an answer on here. I'd highly recommend that you reach out to an attorney licensed to practice law in Florida and who handles personal injury cases for a free... View More

4 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I was in a car accident. I ran into the left side of a truck that was parked in the road.

Can I counter sue for injuries!

Charles M.  Baron
Charles M. Baron
answered on Oct 4, 2021

For your medical bills up to a certain extent (usually about $10,000), your PIP covers you, and the insurance directly pays the medical providers. For compensation to you for your pain and suffering and for bills in excess of PIP, you may make a claim if the other party was at fault, and you would... View More

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: My face got burnt by a technician who did Lazer Hair Removal on my face. Now I have a scar.

I currently get Lazer Hair Removal on my face. The owner of the shop usually does it but got a new girl to do my treatment last time. The new girl was either nervous and it burnt me twice in the same place. That same day the skin started to peel away and has now left an ugly scar or mark on my... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 27, 2021

You did not ask a question, but if you would like to know if you might be able to make a claim for compensation to cover medical treatment for your condition, the answer is yes. And if you end up with a permanent scar due to the inability of medical professionals to remove it, you may claim... View More

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2 Answers | Asked in Civil Litigation, Contracts, Personal Injury and Workers' Compensation for Florida on
Q: Workers Comp Contract

I have a question. If I agree to a lump sum settlement and told my lawyer to sign it instead of me signing it at a mediation but end up emailing my lawyer telling him I changed my mind two hours letter about the settlement. Do I have to settle for whatever amount was given to me or Is the contract... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 2, 2021

Florida Workers' comp is a little different in that it's typical to allow your attorney to sign on your behalf on the mediation agreement. If you truly do not want to proceed with the settlement and you've asked your lawyer to try and back out of the settlement, what may happen is... View More

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2 Answers | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Education Law for Florida on
Q: Can a university evict someone without compensation or notice for testing positive for COVID-19?

My vaccinated friend caught COVID-19, spread from an unvaccinated student, his next-door dorm neighbor. They have isolation dorms specifically to quarantine people and promised reservations for those who were vaccinated. The rooms are all full because they gave them to anyone who got sick instead... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 8, 2021

Your friend's rights largely depend on the terms and conditions agreed to when signing up to reside in the dorm. He therefore must schedule a consultation with an attorney and present all relevant writings for review. He can click on the Justia "Find a Lawyer" tab up top or contact... View More

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2 Answers | Asked in Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: Injured on the job

I got injured on the job. Do I have to accept worker’s compensation or can I file a lawsuit?

Gregory C. Maaswinkel
PREMIUM
Gregory C. Maaswinkel
answered on Sep 8, 2021

In most instances your employer will have worker compensation immunity from law suit. However, there are certain but rare circumstance where you may be able to file a lawsuit against your employer. In some circumstances, you may be able to pursue both a worker compensation claim and a lawsuit... View More

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1 Answer | Asked in Personal Injury for Florida on
Q: In a law suit a claim against a persons home insurance is giving a deposition considered going to trial?

They way im understanding that is not considered going to trial its pre trial !!??

Graham Scofield
Graham Scofield
answered on Sep 7, 2021

Depositions are different than trial testimony. Depositions are typically held in a law office and the judge isn't present. You (the deponent) are present, as well as your lawyer, the lawyer taking your deposition and the court reporter. Even though you're not testifying in a courtroom,... View More

1 Answer | Asked in Personal Injury for Florida on
Q: In a law suit a claim against a persons home insurance is giving a deposition considered going to trial?

They way im understanding that is not considered going to trial it pre trial? Wondering why i can not get a answer? This is supposedly a free ask a question get a answer site is it or is it not ?

Charles M.  Baron
Charles M. Baron
answered on Sep 6, 2021

A deposition is an interview of a witness under oath, taken in cases for various reasons, primarily for the deposition-taker (the party who is asking the questions) to prepare for trial, and in many cases, to use in support of a summary judgment motion, which requests the court to toss out the... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: Hello, I was in a slip and fall accident where I rent. I have gone to the Dr's, and they did xrays

They determined that I had a right knee contusion

And that I can't work , ( I do hair, and doordash/instacart )

I have to follow up with an orthopedic surgeon on Tuesday, this is the third time I have fallen due to really messed up conditions with faulty steps with no lights ,... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 4, 2021

You may have a case. Retain counsel here in Florida on contingency fee, which means you pay nothing unless you win the case. Your case will turn on what evidence you have that the property manager was at fault for this accident (ie lack of lighting, faulty steps, etc) and also the severity of your... View More

2 Answers | Asked in Personal Injury for Florida on
Q: My son was removed from his home and the two deputies injured him in the process. Internal affairs is involved.

They now want him to sign a medical release. Should he sign the release?.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 3, 2021

The only reason for him to sign a release is if they pay him all the compensation to which he thinks he is entitled.

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1 Answer | Asked in Consumer Law, Personal Injury, Landlord - Tenant and Small Claims for Florida on
Q: Please read below, thank you in advance

I need a consultation regarding my landlord that I've been renting a room for about 2 months. I've been unable to stay this entire month because she filed false allegations against me that caused an injunction. I've read that filing false allegations are criminal and I intend to sue... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 30, 2021

I am certain that there are many experienced lawyers who will litigate a small claims case against your obnoxious landlord; however, not for free. Why?

(1) Because the amount of money involved is way too small; and

(2) because they cannot collect their fees from the landlord;...
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2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Can the ER ask someone with a high fever to sit in a car with no air conditioning in a parking lot that is 100°f
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 9, 2021

Short answer is yes, should they is another question entirely. Many of the norms we typically associate with hospital protocols have been altered by COVID-19. If you suffered an injury as a result of that situation it may be worth contacting an attorney for a private consultation.

Medical...
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1 Answer | Asked in Personal Injury, Health Care Law and Small Claims for Florida on
Q: I just swallowed a piece of plastic that was on my sandwich from Wendy’s, what can I do about that?

I showed the manager the plastic and she knew exactly where it came from.

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 5, 2021

OK so I have had several cases like this. If you see blood in your stool or if you pass blood, don’t be alarmed, because this usually goes away after a while with a very sharp object like glass or sharp plastic is adjusted. If you do pass blood, make sure you take a picture of it so that you can... View More

1 Answer | Asked in Libel & Slander, Personal Injury, Criminal Law and Real Estate Law for Florida on
Q: Being stalked, harassed, and emotionally abused in the state of LA with evidence, what is the timeframe for reparation?

A police report was filed, I still have evidence of electronic communication as well, and can most likely provide witnesses. The perpetrator was a real estate agent at the time and may have also used her resources in unethical ways to damage my reputation, stalk, and harass me for an extended... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 30, 2021

Most Florida attorneys know very little about Louisiana law. You should ask your question in Justia > Ask a Lawyer > Louisiana.

1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Florida on
Q: I finally got a court date for a small claims case. Would I be able to request to appear virtually? I'm the plaintiff.

I live in Atlanta. The case is in Orlando.

Charles M.  Baron
Charles M. Baron
answered on Jul 26, 2021

You can certainly request it, but to find out whether the judge would consider it, call the judge's judicial assistant and ask him/her. You might be required to file a motion to make that request and to set your motion for a telephonic hearing. Or you might be told, "no, you filed suit... View More

1 Answer | Asked in Personal Injury and Small Claims for Florida on
Q: I'm pregnant and ate yogurt that was spoiled that I baught today what can I do
Charles M.  Baron
Charles M. Baron
answered on Jul 20, 2021

You did not say if you got sick from the yogurt. If you did, and you went to the emergency room or an urgent care center, save the yogurt and promptly consult an attorney. If you did not get sick, your remedy is a refund from the store.

1 Answer | Asked in Personal Injury for Florida on
Q: am I required to fill the affidavit?

So I had an accident like 4 months ago, where I rear-ended a car but I managed to stop just in time to the point that there was no damage to either car but the lady wanted to call the police anyway. The police arrived and we get a driver to exchange of information, no fire rescue or ambulances were... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 9, 2021

No, not required to (if it's not requested via a court document). Whether it would be a good or bad idea to submit the financial affidavit depends on your unique circumstances and your defense strategy. The plaintiff's counsel is likely deciding whether or not to sue you (though suit... View More

1 Answer | Asked in Personal Injury for Florida on
Q: How much must a board disclose?

My HOA board is intentionally not sending out e-mails about car accidents due to speed, parking lot and cars driving int mailboxes (we have 1099 homes and a 62 people who attended a board meeting were cryptically told)? They also collect data on how many cars travel 10MPH over the speed limit yet... View More

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2021

A Florida attorney could advise best, but your question remains open for two weeks. There is no universal answer to your question. It could depend on the bylaws and rules. But as a general matter, you're not talking about a public agency dealing with highway safety data - HOAs can vary widely... View More

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got ran over by a garbage truck, got surgery months after.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2021

You want to contact a member of the Florida Justice Assn who handles malpractice cases in your county. They give free consults. However in some states the workers comp doctor is protected from malpractice claims!

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got surgery Very late. Incident happen on 12-11-19. Got surgery on 10-22-20.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 7, 2021

Of course, and you might prevail if you can prove negligence. Ask your worker comp. attorney for more information.

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