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Florida Personal Injury Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Florida on
Q: If the state was the scene first, can the federal pick up the charge and not have immunity. The statue is 893.21

A female overdosed and my friend called 911 and she didn't die. Well he was arrested and the regular cops were the ones to arrest him but then the feds picked it up. He has been sitting in county jail for almost 2 years. The girl overdosed again several months ago and passed away. His lawyer... View More

Henry George Ferro
Henry George Ferro
answered on Jul 1, 2021

You should be in contact with your attorney(s) regarding this matter. If you are unable to speak to the attorneys or they refuse, it may well be time for you and your family to hire a new lawyer...

2 Answers | Asked in Personal Injury for Florida on
Q: The neighbors tree has branches over my property. During a storm the tree dropped a branch on my renters car.

It broke the windshield a couple of months ago. Now it dropped another branch. What are my legal rights?

Peter N. Munsing
Peter N. Munsing
answered on Jun 17, 2021

First, consult your homeowners. It should be the responsibility of the neighbor but you dont want to be in a situation where your insurance says "you should have notified us."

Photos photos photos. Ideally with a good camera. Some cell phones are good others not.

Video...
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2 Answers | Asked in Immigration Law and Personal Injury for Florida on
Q: Updated question to my original painter dogbite situation.

New update on my situation. So a worker I hired to paint my house got bit by my chihuahua shitzu mix dog is from Another country, doesn’t have a green card and is here on asylum. Would they still be able to file a lawsuit against me?

Charles M.  Baron
Charles M. Baron
answered on Jun 16, 2021

Yes, if the person is an adult.

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2 Answers | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: My dog bit a house painting crew member that we hired.

Hello, so we hired a painting company to paint the inside of our house. My wife advised them that she would be working from home in the bedroom and our chihuahua shitzu mix dog would be in there with her. Later in the day when taking the dog outside, my wife got distracted and the dog ran upstairs... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2021

Yes, be sure to notify your insurance carrier of the situation. If you sell, the insurance carrier would still be responsible for this potential claim.

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1 Answer | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: Florida Dog Bite, what should I do?

Hello and thank you for helping! As my neighbor was walking down the apartment complex hallway, she was listening to music on earphones when she reclined on my door frame. This was when I opened the door, my dog was behind me on his leash but when I got spooked and gasped because I was frightened... View More

Brandon Labiner
Brandon Labiner
answered on Jun 1, 2021

You certainly did the right thing by filing a police report. Details of the situation and injuries should be included there just in case. As to the medical bills, if she is unresponsive, there isn't much you can do at the moment. If her boyfriend reaches out to you again, I would inform him... View More

3 Answers | Asked in Personal Injury for Florida on
Q: Injured on owners property-suffering from post concussion syndrome. Please help, not doing well.

Owners were to be completed with a mother in law suite upon our moving in. We signed paid our lease. This accident occurred 1 day later. They had a utility truck on the property for an additional week. It was unlocked, no safety on this... it opened & pinned me between the utility door... View More

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on May 31, 2021

If you have not already done so, the incident needs to be reported to the land lord as well as the owner of the utility truck and a request made for their insurance company. You should also consult with an attorney so you may provide more details to see if the attorney can assist you.

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3 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: if i am getting sued for someone not on my insurance wreaks my vechial can they take my property
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 30, 2021

So someone not on your insurance wrecked your vehicle. I assume that whoever is suing you was damaged in the same accident. Did your insurance carrier deny coverage? If the court enters judgment against you (on the theory perhaps that you negligently let someone use your vehicle), yes, the... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: Hello I’m a mother of 5 kids in my son 16 was shot on his front porch talking to someone in now we have to move in no

In the landlord termination my lease

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on May 17, 2021

Was this at an apartment complex or at a rented house? You may have a claim for negligent security. Please feel free to call our office at 407-999-0045 to speak with attorney Greg Maaswinkel.

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2 Answers | Asked in Admiralty / Maritime, Legal Malpractice, Medical Malpractice and Personal Injury for Florida on
Q: My injury case was settled but I never got my money part (maritime). I want to make a new case for Malpractice.

My injury case was onboard a cruise line ship and this case is on Brevard County Court.

For the new case I want to have for Malpractice occurred in Lantana, Lake Worth.

Gregory C. Maaswinkel
PREMIUM
Gregory C. Maaswinkel
answered on Apr 20, 2021

There may be many reasons why you may not have received your settlement money including liens against the settlement money that still need to be resolved. Assuming there are no liens to be paid from the settlement money and that the settlement check was already received by your attorney and that... View More

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2 Answers | Asked in Consumer Law, Contracts, Personal Injury, Business Law and Federal Crimes for Florida on
Q: Is my CPA at fault for our identity theft? She was hacked some months ago and should have cyber security in place.

The IRS would not accept our 2020 tax filing because one was already filed. Our 3rd Stimulus check was also stolen because our CPA was hacked. She later informed me of this and said some of her other client's data was also stolen and used. She should have adequate cyber security in place... View More

Linda Liang
Linda Liang
answered on Apr 20, 2021

You said "She should have adequate cyber security in place". Do you have reasons to believe she does not and the fact that she does not caused the hack?

These are key findings to determine whether you have a cause of action based on negligence.

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1 Answer | Asked in Personal Injury for Florida on
Q: Can I still file a civil suit after an administrative hearing?
Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Apr 19, 2021

I would need to know a lot more facts to be able to answer your question. For example, what was the administrative hearing about and who were the parties involved? Who do you want to file a civil suit against and for what reason?

5 Answers | Asked in Personal Injury for Florida on
Q: Can I file a lawsuit against the company who's driver rear-ended the car that rear-ended me?

I was rear-ended in my car at a stop light last week. Neck and lower back are still bothering me. The car behind me was rear-end much worse by the semi-truck that hit them. I am in Florida

Jason  Turchin
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Jason Turchin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2021

Hi - Yes. You should be able to file a claim against any vehicle or owner who caused or contributed to the accident or your injuries. Time may be of the essence as far as medical treatment goes, as any delay in treatment could impact how your medical bills get paid.

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1 Answer | Asked in Wrongful Death, DUI / DWI and Personal Injury for Florida on
Q: As a home owner, can I be held liable if someone in my home drinks then drives intoxicated and hurts or kills someone?

I live in Florida. This person is a relative 27 y/o and resides with me. On more than one occasion they have arrived home and passed out behind the wheel. I need to protect the rest of my family.

Jonathan Blecher
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Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2021

Can you be sued? Yes. Will the suit be successful for a wrongful death claim against YOU? Probably not. Is the relative covered on your auto insurance policy? An injured party may go after your homeowners policy, but I don't know how successful that would be.

1 Answer | Asked in Personal Injury and Products Liability for Florida on
Q: Does nicotine in the form of lozenges cause tooth decay when used long-term?
Charles M.  Baron
Charles M. Baron
answered on Apr 11, 2021

You have sent your inquiry to the wrong forum. This is a legal forum, not a medical one. Try googling for on-line medical or health forums.

2 Answers | Asked in Civil Litigation, Personal Injury and Wrongful Death for Florida on
Q: Can my a family member sue a pharmaceutical company over the death of a loved one?

My stepmother was prescribed xenazine, for treatment of Huntington disease. Xenazine has the known side effects of depression and suicidal thoughts. My step mom was never depressed or suicidal before taking this treatment. 4 years ago, she committed suicide at home.

Is it probable to ask... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 11, 2021

Arising from the situation you describe are potential product liability and medical malpractice claims. However, you may have a statute of limitations problem. Not sure which State you are referencing, as you are writing to Fla. attorneys on Justia, but you are writing from Birmingham, Alabama.... View More

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2 Answers | Asked in Personal Injury and Criminal Law for Florida on
Q: Can I use my Allstate accident insurance for a felony battery? My spouse was assaulted and has some brain damage.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 10, 2021

Probably not, but read the policy to be sure.

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1 Answer | Asked in Criminal Law and Personal Injury for Florida on
Q: ohio to florida ymca felonious assault victim me reward lives in florida!

disability

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 25, 2021

Yes, if you have been assaulted On a business premises, then you can file suit against the business owner and manager based upon a theory of security negligence. Discussed your case in private with counsel here in Florida for possible contingency fee representation, which means you don’t pay... View More

2 Answers | Asked in Personal Injury for Florida on
Q: I ate chicken breast from a restaurant and instantly began to feel nauseous accompanied by headache what should I do?

I kept the food, cut the chicken to see a red streak of blood down the back of the chicken. The chicken breast as undercooked.

Charles M.  Baron
Charles M. Baron
answered on Feb 23, 2021

Did you need to get medical treatment? If yes, keep the food frozen in order to analyzed by a lab and consult a personal injury attorney immediately. If no, though you have a potential claim for money damages, the minimal damage to you is such that it's likely that no attorney will be... View More

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1 Answer | Asked in Child Support and Personal Injury for Florida on
Q: I have Child support arrears from PR and won a injury settlement in Florida. How much they can take ?
Charles M.  Baron
Charles M. Baron
answered on Feb 15, 2021

That would be a matter of Puerto Rican law and thus should be asked of a lawyer who is a member of the Bar Association of Puerto Rico. Without knowing a thing about Puerto Rican law, I'm guessing that your entire net recovery from your personal injury case would be fair game for those seeking... View More

2 Answers | Asked in Personal Injury for Florida on
Q: Will a personal injury lawyer review an demand letter from another attorneys case?

My aunt if working with a lawyer and I am not feeling really optimistic about his ability to represent her. I want to get a second opinion on the demand letter.

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

If your aunt asks another attorney to look at her case, yes, that second attorney will probably want to look at the demand letter to determine if it accurately describes the facts which give rise to the demand, and to see if the first attorney was asking for everything to which your aunt may be... View More

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