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Florida Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury for Florida on
Q: I asked a question 2 days ago and have not received an answer. Do lawyers actually respond to questions?
Charles M.  Baron
Charles M. Baron
answered on Apr 4, 2019

Yes, but it's not a priority for most, and the main reason we answer is to publicize our services and expertise so that either the inquirer or others viewing the answer will give us a call. Also, it may take up to several days for an attorney to view your inquiry and decide to answer it or... View More

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2 Answers | Asked in Libel & Slander, Personal Injury, Real Estate Law and Civil Litigation for Florida on
Q: We own a mobile home in a mobile home part. Back in Sept. They evicted us. For a no real reason.we tried to pay our ren

They fused to take . We we're harrassed beyond belief when I figured out a scam they were making more money off us . By charging extremely high wAter bills were a result of leaks we had under our mobile home. We had a lot of evidence but the judge sided with the big money attorney. That was a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 3, 2019

"... we got a letter stating the right to claim abandon property. Does this mean we get our home back. [?]"

No. Abandoned property means the mobile home, as well as stuff you left in it,

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1 Answer | Asked in Personal Injury for Florida on
Q: I am on disability with a form of amnesia and discs herniated from neck and down. An object hit my temple area and i

have suffered migraines since, and other issues. Because I am on disability, they act like this is my fault. I did not throw something at my head and go to the ER .I need help with talking to these people who are responsible. My head injury has returned full force since this incident and nobody... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2019

Your inquiry is vague as to who "they" are, who act like it's your fault, but it sounds like the "they" are the people that are responsible for causing the object to strike you. Your inquiry is also vague as to why you are attempting to speak directly to those people, and... View More

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: How do I sue someone in county court for medical bills and car loss value?

The individual did not have bodily injury coverage and I understand the reason attorneys not willing to take the case because of this. However, I have medical bills and car loss value I would like to claim. I understand Florida law of not being able to garnish wages, apply liens to assets, and/or... View More

David Tapalian
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David Tapalian
answered on Mar 29, 2019

I'm sorry to hear about your situation. We often encounter cases where there's no insurance on the other side. Do you by any chance have UIM coverage? That may be another way to approach this. Please feel free to email me directly. Thank you.

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3 Answers | Asked in Personal Injury for Florida on
Q: If my at fault driver caused me over 50000 in bills. Her coverage is 50000 how can I get compensation
Daniel Marc Berman
Daniel Marc Berman
answered on Mar 19, 2019

Hopefully you have uninsured/under-insured motorist insurance.

Consult with a Florida personal injury attorney ASAP.

Daniel Berman

954 764-6099

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2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Is only tylenol for a planned c section humane? The doctor knew i was on subutex and didnt plan to wean me surgury.

I feel as he didnt plan this at all causing much damage emotionaly and physically during surgury and after plus nerve damage still. I take subutex which is buprenorphine a blocker for opiates. Which can cause difficulty treating my pain. He planned the c sec. For less than 24 hrs after seeing baby... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 13, 2019

Your question at the top is a medical question, not a legal one - but I'm guessing that you are wondering if you can sue the medical provider for medical malpractice. That starts with asking a doctor with the exact same specialty whether he/she believes the doctor who treated you did not... View More

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1 Answer | Asked in Personal Injury and Health Care Law for Florida on
Q: Should I sign an Assignment of Benefits and Designation of Representative form from a medical provider?

Forms are from Air Methods for medical transportsion. My insurance company has already processed claim. Air Methods currently has multiple lawsuits pending for excessive billing.

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2019

That decision is yours to make, but in general, a medical provider needs an assignment of benefits form to submit a bill on behalf of a patient so that the check is made out to the provider instead of the patient.

Tim Akpinar

1 Answer | Asked in Personal Injury, Animal / Dog Law, Car Accidents and Civil Litigation for Florida on
Q: Dog injured in hit/run. Police say it's not personal property. How do I prove it is, in FL? Statute?
Charles M.  Baron
Charles M. Baron
answered on Mar 6, 2019

Can't tell why you're asking - for insurance coverage purposes? A dog that you own is your personal property, and you may sue the driver and owner of the vehicle that struck your dog for your vet bills, and if your dog dies, for the fair market value of your dog. In some circumstances,... View More

2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Florida on
Q: I was involved in a very bad car accident in Maryland I am a Florida resident I was hit by a guy who was on heroin

My mom died from her injuries in the accident. The driver was driving his moms car he had not had a license in 15 years. He was arrested that night and is now charged with 11 felonies. he is going on trial in April. Because it was his moms car can I sue his mom for her home in maryland and can I... View More

Gregg M. Hollander
Gregg M. Hollander
answered on Feb 18, 2019

I'm so sorry to hear about your loss. Please accept my condolences.

The answer to your question is just not that simple. First, where did the accident happen? If it happened in Florida, the owner of the at-fault vehicle is considered primarily responsible and can be sued as long as...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Government Contracts for Florida on
Q: if i was put in jail. i win trial let but i lost everything.what should i do.

it was a stand your ground case.

Charles M.  Baron
Charles M. Baron
answered on Feb 8, 2019

You question is vague, but you seem to be wondering if you can seek compensation from anyone for being arrested, jailed, and prosecuted. For compensation from law enforcement authorities, the answer is yes, IF there was no probable cause for the arrest and/or no probable cause for the prosecution.... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Personal Injury and Civil Litigation for Florida on
Q: I filed a 1983 while in prison in fla doc. I was release befre my verdic or renderence of...i need to speak to somebody

Iwas at a medical unit and caused all kinds of problems and did not get my surgery that was approved by DOC

Charles M.  Baron
Charles M. Baron
answered on Feb 4, 2019

Your inquiry is very vague. Sounds like you filed a Section 1983 civil rights suit while incarcerated complaining of lack of medical attention, which is a valid ground for suit under certain circumstances - but it's hard to tell from your inquiry whether it's ongoing, or a judgment was... View More

1 Answer | Asked in Animal / Dog Law, Constitutional Law, Criminal Law and Personal Injury for Florida on
Q: Can city police departments be sued for using dogs inside a criminals home ,and the dog was in the leash the whole time?

I had a warrant for right at three months for violation of probation. I had failed a drug screen at my out patient drug treatment class back in October 2018. On January 15,2019 i was arrested at my home . Although i did not come out of my house for 6 &1/2 hours,i feel the city police used... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 4, 2019

I don't see it. They are required to secure fugitives. When you didn't come out you put yourself in that classification. If the dog was never unleashed they likely used the least intrusive alternative. Contact the Fla. civil liberties union to see if they have a different take.

4 Answers | Asked in Personal Injury for Florida on
Q: had one of my testicles removed by a urologist after a nurse roughly ruptured an artery in my right testicle

Due to lack of care was the nurse negligent

Daniel Marc Berman
Daniel Marc Berman
answered on Jan 22, 2019

You may have a case. However, medical malpractice claims are tricky and complicated and what may seem like a great case may always not be. It would depend on the facts and circumstances that lead to the rupture.

Consult with a South Florida personal injury attorney immediately. Most, like...
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1 Answer | Asked in Animal / Dog Law, Land Use & Zoning and Personal Injury for Florida on
Q: Our association has a twenty-five pound limit on dogs. Can a young healthy girl bring in an 80 pound service dog? WPB

The dog is a vicious German Shepard that tries to go after the neighbors

Charles M.  Baron
Charles M. Baron
answered on Jan 19, 2019

If it's truly a certified service dog that serves the girl, yes, she has the right to have such a dog at ANY weight. HOWEVER, service dogs are NEVER vicious! They are trained to be very tolerant of people and dogs. Therefore, sounds like there is fraud going on, and there should be a... View More

1 Answer | Asked in Personal Injury for Florida on
Q: I dated a chiropractor that is treating a woman who is suing me for personal injury, is this a conflict of interest?

The chiropractor knows me and knows the name of my business and yet went ahead and treated her and now is trying to get a crazy amount of money for treatment for life, when the emergency room said there was nothing wrong with her. I need to know if this is a conflict of interest?

Jason  Turchin
PREMIUM
Jason Turchin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2019

This may raise an issue of credibility for the doctor if the case ever went to trial. The doctor may be subject to cross examination if he/she was brought in to trial to testify against you. It does not mean the person is not hurt per se, as injuries could manifest weeks after the accident.

1 Answer | Asked in Personal Injury for Florida on
Q: If I contracted an STI from someone who assured me they were clean, can I recover damages for my medical bills?
Charles M.  Baron
Charles M. Baron
answered on Jan 4, 2019

Yes, you can under certain limited circumstances. Assuming those limited circumstances are present, another issue is: If you get a money judgment against that person, is there anything to collect? For example, is the person working at a long-term job from which wages can be garnished, and from... View More

2 Answers | Asked in Personal Injury and Criminal Law for Florida on
Q: Does the Fifth Amendment ever apply in personal injury cases?
Charles M.  Baron
Charles M. Baron
answered on Dec 11, 2018

Your question is vague as to which aspect of the Fifth Amendment you mean. I suppose you're talking about the right to keep silent/not incriminate yourself. If so, yes, someone giving testimony in any kind of case, be it criminal or civil (including personal injury), can take the Fifth.

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1 Answer | Asked in Constitutional Law, Contracts, Personal Injury and Civil Litigation for Florida on
Q: Was posted a "24-hour notice of eviction" prior to eviction action. Couldn't pay to play. Cause for separate action?

During mediation, property manager said to me that my estranged father (co-signer on lease, but not a tenant) had instructed her to post 24-hour notice of eviction for holdover and when that didn't work, to file an eviction lawsuit against the both of us (in an attempt to exploit my... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 28, 2018

The only time you can defend an eviction action WITHOUT posting the rent amount to the court registry is when you are arguing (in writing) that the rent has already been paid in full (and you can prove it). That's in Fla. Statutes Section 83.60(2). Your description does not indicate whether... View More

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Florida on
Q: I feel sick and upset because a maintenance woman and board president woman banged on my door loudlyand entered my condo

Two other times maintenance people have entered my condo unit while I was sleeping in early morning. I am sick and upset over what happened. They yelled in my face about a water leak. Turns out no water was leaking. I feel attacked and like all of my rights were violated in my home. They had access... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 27, 2018

Your landlord must provide his tenants with reasonable notice prior to making entry.

1 Answer | Asked in Divorce, Family Law and Personal Injury for Florida on
Q: Am I entitled to some of my husbands lawsuit I took care of all bills etc now he left me cause his money is coming

My husband was in a really severe accident he has a lawsuit that's been going on for 2 years and is about to close he abandoned me and I'm on disability I want a divorce but cannot afford one am I entitled to any of his lawsuit I had to borrow money to pay the bills while he was out of... View More

Mr Eric Klein
Mr Eric Klein
answered on Nov 21, 2018

If you were to divorce, you would not be entitled to any of the settlement. However, did you make a claim for Loss of consortium? If not, check with his attorney. That would be your claim. Good luck.

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