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Florida Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: I slipped and fell in my apartment from a faulty wall leak I complained about the leakage in my apartment over 6 times

On august 20th maintenance came out and assured me the leak was fixed on aug 21 I fell on my back I went to the hospital they told me I have a contusion on my tailbone nothing showed on the X-ray what kind of settlement would I be looking at

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

Sorry to hear about your ordeal. Settlement value of a potential case depends on numerous factors, including the strength of the liability position and the nature and extent of the injuries and necessary medical treatment. Often, the appropriate amount to demand cannot be determined until the... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: How come my case is not important? Hygienist caused me severe pain which in turn caused 3-day Hospital stay.

To include 2 ER visits, several Dr. Apts, several medications, pain and suffering and a horrible swelled up face with eye closer and missed work

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2024

A Florida attorney could advise best, but your question remains open for a week. Your case does not seem unimportant. Based on your description, you experienced severe pain and it appears you have evidence supporting your position, in terms of hospitalization or work attendance records. If you mean... View More

2 Answers | Asked in Personal Injury for Florida on
Q: I was in a mva settled with my ins co /parties ins co. 3 yrs later and I’m disabled with chronic pain

What recourse do I have ? They said I couldn’t sue her? I thought we go after her insurance company ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2024

That is what liability insurance companies are in business for: protect insured parties from liability for their negligent acts. It did that when it paid you a settlement. In return, you, no doubt, released the insured from liability for the accident. And the insurance company didn't... View More

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2 Answers | Asked in Insurance Defense, Personal Injury, Civil Litigation and Insurance Bad Faith for Florida on
Q: Could we be held financially liable if our adult son is on our insurance policy?

We have a 19-year old son who has his own insurance on a paid off car that is titled to a trust that solely has the vehicle in the trust (vehicle trust). However, he lost his job is now not able to pay for insurance. We would like to know if we add our son to our insurance policy and the car... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 14, 2024

No, it is unlikely that you could be held liable for having him on your insurance. Liability normally results from negligent action on the part of a driver, not co-insured such as you would be.

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1 Answer | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: Is the motel allowed to legally kick you out if you've been there over 30 days and the same motel has done that to me ..

Also are they responsible if the bed frame sticking out from the bed and I tripped and broke two bones in my wrist

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 3, 2024

If you suffered injuries as a result of tripping over a concealed hazard and breaking two bones, then the motel could be liable for your medical bills and your pain and suffering. Retain an attorney here in Florida on contingency fee which means you pay nothing unless you win.

2 Answers | Asked in Car Accidents, Social Security and Personal Injury for Florida on
Q: I won a suitcase for brain damage in a car accident. My SSI suspended my benefits. . why?
Patrick Arun Iyampillai
Patrick Arun Iyampillai
answered on Jul 1, 2024

SSI (Supplemental Security Income) is a needs-based program, and the Social Security Administration (SSA) considers your income and resources when determining eligibility. Here, the SSA may have seen your settlement as income, and then your total income and resources were possibly determined to be... View More

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2 Answers | Asked in Products Liability and Personal Injury for Florida on
Q: Can I get confiscated for a food product that I got nausea and blurry vision for a short period of time?

Recently purchased a snack cake from a retail store near my home. When I got home and opened it it seemed too odd smell to it. This was my first time trying it so I wasn't sure if that was the original scent. Tried a piece anyway and immediately spit it back out. Went through a process of... View More

Tim Akpinar
Tim Akpinar
answered on Jun 30, 2024

You could consult with attorneys about compensation for your ordeal, but it does not look like a matter that most firms would handle on a contingency basis. I hope you're okay. It could be spoilage or tampering - it's hard to say for certain. The fact that the impact was short term would... View More

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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights, Small Claims and Health Care Law for Florida on
Q: Is there a law that prohibits a person from entering into a hospital? I received a Cease and desist letter.

I visited an Emergency room as a patient. I was subjected to Blood borne substances, unknown fluids and used bed sheets. When I filed a complaint, an Attorney wrote a letter stating I am not to enter into the hospital until this dispute is investigated. So, in essence am I being denied medical... View More

James L. Arrasmith
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answered on Jun 26, 2024

Based on the information provided, here's an analysis of the situation:

1. Generally, there is no law that broadly prohibits a person from entering a hospital. Hospitals are typically open to the public, especially emergency departments which are required to provide emergency medical...
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1 Answer | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: Neighbours dog come and attacked my cat (now it’s disable), can I sue without video prove ?

I live on 2 acres property and neighbours dog keep coming lose and run a mile to my property to chase my cats. Yesterday after another visit of this dog I found my cat not able to walk outside. I took it to vet , it’s has been confided that cat was attacked and it’s has damaged nerves, so... View More

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

The first logical step here would be to submit a demand letter to the dog owner to demand payment of the vet bills by a certain date, failing which you will take legal action. Such a letter will probably have more impact if done by an attorney. If there is neither any witness nor video, though,... View More

1 Answer | Asked in Personal Injury, Education Law and Landlord - Tenant for Florida on
Q: My college moved me into a dorm infested with roaches. Can I sue?

I moved into my current dorm over a month ago. When I moved in I saw it was infested with roaches and not properly cleaned since the last tenants, toe nail in the medicine closet dust and grime everywhere. Dead roaches under the fridge, broken furniture. I told them I wouldn’t move out of my old... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

Stop right now with thoughts of lawsuits and medical school.

While not named, I question why you would want to continue to attend a school which has already treated you so poorly. If the school is truly where you want to go, consider off campus housing. You cannot sue the school because...
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2 Answers | Asked in Social Security, Health Care Law and Personal Injury for Florida on
Q: What if you can not afford a doctor to continue treatment after your mri reveals severe impairments ?

Since the motor vehicle accident I have not been working and I cannot afford medical treatment since the last MRI results. Can I still qualify for benefits if I can not afford medical care ?

Ssa says I have two impairments from the list according to my medical records:

01 -... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

While you do not mention it in your question, you should immediately retain an experienced personal injury attorney. From reading your question, I am reminded of the adage that "a little knowledge is dangerous". You reference medical terms but I suspect you don't really know what... View More

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2 Answers | Asked in Social Security, Health Care Law and Personal Injury for Florida on
Q: What if you can not afford a doctor to continue treatment after your mri reveals severe impairments ?

Since the motor vehicle accident I have not been working and I cannot afford medical treatment since the last MRI results. Can I still qualify for benefits if I can not afford medical care ?

Ssa says I have two impairments from the list according to my medical records:

01 -... View More

James L. Arrasmith
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answered on Jun 15, 2024

You can still qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) even if you can't afford medical care. The Social Security Administration (SSA) considers the severity of your impairments based on your existing medical records, including your MRI... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Truck accident in Georgia left me potentially disabled I’m from Florida. This accident destroyed my life my age is 31.

A student driver was left unsupervised and slammed into my parked vehicle. I sustained 11 spine injuries and severe symptoms.

They fled the scene before the police arrived.

The insurance company accepted liability however they thought my injuries were minor because the previous... View More

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

I'm sorry for your terrible injuries. You could discuss with attorneys, but as my colleague correctly states, you may be looking at a lien. Much more detail is needed to give any kind of meaningful assessment on your case. If you successfully obtained a disability decision, your case may have... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Truck accident in Georgia left me potentially disabled I’m from Florida. This accident destroyed my life my age is 31.

A student driver was left unsupervised and slammed into my parked vehicle. I sustained 11 spine injuries and severe symptoms.

They fled the scene before the police arrived.

The insurance company accepted liability however they thought my injuries were minor because the previous... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 15, 2024

A client is free to discharge his attorney at anytime, but the attorney is entitled to file a cost lien for costs advanced and file a charging lien for work done (against any recovery that is obtained). Reach out to another Georgia attorney for possible representation if you want to discharge your... View More

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1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for Florida on
Q: Need citation precedent establishing that a pharmacy negligence governed by 3-4 years Statute of limitations in Florida

A chain pharmacy dispensed a prescription medication with the wrong dosage that resulted in permanent heart injury. My former lawyer told me it's a personal injury case governed by 3-4 years Statute of limitations. I need a precedent case law establishing that a pharmacy negligence incident... View More

Charles M.  Baron
Charles M. Baron
answered on May 15, 2024

Sorry to hear about your ordeal. There's no such thing as a "3-4 years statute of limitations" for any kind of claim. Was your former lawyer guessing that the limitations period would be somewhere between 3 and 4 years, being not sure if it was 3 or 4? The limitations period for a... View More

5 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: HEEEEELP!!! I am an anxious wreck. Being sued for a minor car accident driver claims bodily injury

I am an anxious wreck. I got into a minor accident. Police report stated that it was less than $5000 and that there were no injuries. Now the other driver is suing me for $80,000 my coverage is $100,000. I am so scared that this will ruin my life. My insurance company All state is paying for... View More

Charles M.  Baron
Charles M. Baron
answered on May 9, 2024

It is unclear why you are so worried when, according to you, you have a litigation lawyer at no cost to you and the plaintiff is suing you for an amount that your insurance would cover 100%. If that's really the case, your assets and income shouldn't be at risk - but you must consult... View More

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5 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: HEEEEELP!!! I am an anxious wreck. Being sued for a minor car accident driver claims bodily injury

I am an anxious wreck. I got into a minor accident. Police report stated that it was less than $5000 and that there were no injuries. Now the other driver is suing me for $80,000 my coverage is $100,000. I am so scared that this will ruin my life. My insurance company All state is paying for... View More

John Michael Frick
John Michael Frick
answered on May 9, 2024

This is exactly why it is important to have insurance. Let Allstate, and the attorneys it has hired and is paying, defend you. As long as you cooperate with your attorney's reasonable requests for information and cooperation, you should be in good hands.

Motor vehicle accident...
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3 Answers | Asked in Personal Injury for Florida on
Q: Can I relinquish my lawyer without penalty?

In a car accident case where a lawsuit has not been filed, can I relinquish my lawyer and come to an agreed settlement amount with my insurance company myself? Is there any penalty for this if I don’t want to sue?

Charles M.  Baron
Charles M. Baron
answered on May 7, 2024

You always have a right to fire your lawyer, but there likely is a big downside for doing so in your situation. See your retainer agreement. It probably indicates that if you terminate the representation any time after the first 3 business days, you are obligated to the firm for fees incurred,... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: Can I relinquish my lawyer without penalty?

In a car accident case where a lawsuit has not been filed, can I relinquish my lawyer and come to an agreed settlement amount with my insurance company myself? Is there any penalty for this if I don’t want to sue?

Tim Akpinar
Tim Akpinar
answered on May 14, 2024

Maybe no penalty, but you might still face a possible lien. Some law firms (on change of counsel) use the milestone you're talking about (filing an index number) as the trigger for a lien. While that convention may be followed between some firms, it doesn't mean that a firm that... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: Can I relinquish my lawyer without penalty?

In a car accident case where a lawsuit has not been filed, can I relinquish my lawyer and come to an agreed settlement amount with my insurance company myself? Is there any penalty for this if I don’t want to sue?

Stephen Arnold Black
Stephen Arnold Black
answered on May 8, 2024

A client has an unconditional right to fire his lawyer but the lawyer can place a charging lien on the case based on the work he has done. For example, if the insurance company has made a $50,000 offer and after that you decide to discharge him and represent yourself, the lawyer could place a lien... View More

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