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Florida Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Florida on
Q: What rule do I use for a Motion to Dismiss? It's a very general Complaint. Nothing attached as exhibits showing damages.

MVA and Plaintiff speaks about medical treatment, hospitalization, loss of employment,etc (the typical language) but nothing is attached showing or proving that there is a claim for the amount of $15,000 in the Complaint. I am Defendant in the case. It was daughter's vehicle that she had given... View More

Mitchell Feldman
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Mitchell Feldman
answered on Nov 17, 2018

Your insurance company has a duty to defend and hire you an attorney. Report the claim and let them handle. If they declined call a lawyer and do not attempt to practice law here. You cannot dismiss the complaint on the grounds you discuss

1 Answer | Asked in Personal Injury for Florida on
Q: How do I keep my mothers retirement account safe if she gets sued for a car accident?

My elderly mom caused an accident where the other driver was hurt. I want to make sure the money she has in her Ameriprise account can’t be taken.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 26, 2018

Retirement benefits, etc. are exempt from garnishment. Simply document the source of those funds.

Assuming she has automotive liability insurance, the insurance company has a duty to defend a lawsuit (by hiring a lawyer for her), and to pay any resulting judgment, up to the policy limits.

1 Answer | Asked in Personal Injury for Florida on
Q: I have a friend who had a scheduled colonoscopy after which he almost bled to death, does he have a case?
Stephen Arnold Black
Stephen Arnold Black
answered on Oct 25, 2018

if the bleeding was caused by the negligence of the Physician then yes..Discuss with counsel here in Florida,

1 Answer | Asked in Personal Injury, Civil Rights and Insurance Bad Faith for Florida on
Q: Is there any case law that would support a claim against a Homeowner's Insurer for personal injury of a disabled adult?

Hurricane Irma hit the home in Plant City, FL, Sept 2017. HOI denied coverage and the HO Insurer's civil engineer assured disabled insured that the home was "structurally sound." The disabled insured remained in the home, relying upon the assurance of the Civil Eng, and became... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 18, 2018

Possibly though a lot will depend on the duty owed by a contracting engineer especially if their scope was just structural, not enviornmental. Contact a member of the Fla Justice Association--they give free consults. Look for one that handles mold cases.

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Florida on
Q: I need to file personal injury suit against my insurance because was in auto accident hit by uninsured what form to file

I am 1 month away from 5 years limit. I have been to sick to do anything. There is a primary and secondary both stalling. Primary which has had case 2 months just made very low offer not even covering bills.

Then my secondary which is my insurer didn’t think it was worth much, so I told... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 18, 2018

You should have contacted a member of the Florida Justice Association. They give free consults.

I can't give you legal advice on Florida pleadings but one way would be to go to your county court law library, ask them to help you look up a recent case involving uninsured motorist law,...
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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I was hit by an uninsured driver. My car is to totalled and I only have liability coverage from my insurance. What other

Options do I have concerning compensation for my vehicle and a personal injury claim. I must add that the vehicle and car insurance was in my husband's name only.

David Hughes Harris
David Hughes Harris
answered on Oct 11, 2018

If I understand the question, uninsured driver strikes your vehicle and you are injured; however, you also don't have uninsured motorist (UM) coverage.

These circumstances do present a real challenge to compensation.

If the vehicle was owned by someone else, then you can pursue...
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1 Answer | Asked in Personal Injury and Civil Litigation for Florida on
Q: I have been awarded almost $122,000 in compensatory damages and $250,000 in punitive damages.

How much will my tax bill be for the federal government and the state of Florida

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 7, 2018

Generally, the $250 K is taxable. But with that kind of money you can afford to hire a tax professional to do your taxes.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: Employer's comp for employees psychologically injured after not fatal/airplane accident

I'm acting on behalf of my spouse who is afraid of any kind of litigation or legals procedures in general. I have a little base because my studies on this field. He was involved in the A Airline flight 383 Chicago/ Miami acc last Oct 28 2017, and at that time he was in business trip working... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 3, 2018

You have appropriately categorized this question under "Worker's Compensation". You should consult with an attorney who practices in that field; it appears that your spouse may have a claim. Employer fault is not pertinent in worker's compensation.

2 Answers | Asked in Personal Injury for Florida on
Q: What happens if neither driver is insured and we go into an accident?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 21, 2018

You will be personally liable for damages resulting from your negligent driving and, in addition, you could loose your licenses.

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1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Florida on
Q: My right fibia upper has been broken, fractured due to medical personnel while a short stay @ our Mental health unit.

This was a pressure point tactic because I was cursing and screaming @ staff. FYI.. Former LPN who worked in mental health. 2 weeks ago and this pain is excruciating. Thanks,

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2018

I do not practice in Florida. However, it seems that no one picked up your question for a month. If you are contemplating bringing a claim, it would be advisable for you to consult with a Florida attorney without delay. Aside from assessing the merits of your claim, the attorney could advise you of... View More

1 Answer | Asked in Contracts, Personal Injury and Products Liability for Florida on
Q: husband Wife both plaintiffs in PI. The settlement offered was accepted by my husband and lawyer without me knowing

Lawsuit filed for PI with faulty. My husband and I hired lawyer. Contract is with husband AND me. Plaintiffs are husband AND me. The settlement was offered and lawyer called husband and made agreement without even talking with me. Aren’t I just as much a part of the case as well? Even though he... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 17, 2018

You should have asked this in Justia › Ask a Lawyer › Puerto Rico› Personal Injury ›, but my guess would be that your lawyer should have got your approval as well as that of your husband. Refuse to sign the release if you don't want to accept it.

1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for Florida on
Q: charge nurse refused to take my patients so I could leave after an injury resulting in another injury.

I am an RN and caught a patient before she hit the floor, hurting my neck and upper back. I told my charge nurse I was injured and needed to be seen, as well as notifying her that the patient needed a room with a working camera. I was denied the room and told that she would report the injury. Half... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 1, 2018

So what's your question. You have a worker's compensation claim.

2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: Rear ended on the hwy in Florida totaled car/Insurance wants to pay 5dys rental/plus car.What are we owed?! It's 21days?

Hi on Aug 1 my husband was driving our Unregistered but insured in California SUV on the hwy in Florida when we got rear ended by a careless driver/Police report. We have major bumper damage as well as frame etc.I was taken to the hospital by ambulance/checked out and released..Insurance delayed... View More

Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Aug 21, 2018

Feel free to contact our Miami Location at 305 405-5372 and ask for Sarah or Kathryn, I believe they can discuss potential further options for you.

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1 Answer | Asked in Employment Law and Personal Injury for Florida on
Q: Can I sue my employer of 18 years for emotional/physical distress due to constant manipulation, control & humiliation?

My physical & mental health has declined over the last 10 years and can be documented with doctor reports.

Charles M.  Baron
Charles M. Baron
answered on Aug 20, 2018

Depends on the facts. There is no cause of action (basis for suit) against an employer merely because you have mean, nasty boss. There are two potential causes of action to look for in this situation: (A) discrimination based on a protected class, such as age, race, sex, religion, national... View More

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: What can I go after in a law suit if the person owns a home and nothing else?

I was in an auto accident where I received permanent injuries to my spine. The driver had a very small bodily injury coverage which I received the full amount in. I was informed by several people, as well as looking it up in the Florida state laws, that I can go after the driver/owner of the... View More

Anna Katherine Stone
Anna Katherine Stone
answered on Aug 19, 2018

Upon receiving your settlement, you likely signed a release which means you can’t sue them for anything else. Also, you would have to go to court to a get judgment against them in order to potentially garnish their wages (not all income is garnishable). However, to go to court in a case like is... View More

2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Florida on
Q: Hit a Parked car, driver was not in vehicle but retained a lawyer for injuries.
Charles M.  Baron
Charles M. Baron
answered on Aug 15, 2018

You did not ask a question, but you seem to be wondering what to do in this situation. Also, I assume that the lawyer sent you some sort of demand regarding damages for bodily injury. The first step is to look at the police report - what does it say about who was in which car, and about bodily... View More

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1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Real Estate Law for Florida on
Q: Can I take them out?

Hi, I am an American Resident, and I have rented an apartment in FL, for a 13 month-contract. I decided to sublet to an American couple for reducing my monthly expenses, without permission from the condos. But now, the have not paid to me since the last three months and everytime I tell them to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2018

I believe that they are lying to you and that you can sue to evict them.

2 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: Why is my insurance company paying?

I was a passenger in an Uber accident. My attorney is harassing me for my insurance information so they can cover my medical bills.. I was a passenger, not a driver. This wasn't my fault. Why is my insurance company paying? Doesn't Uber have a 1,000,000 insurance policy?

David Hughes Harris
David Hughes Harris
answered on Aug 7, 2018

In Florida, your Personal Injury Protection (PIP) is your mandatory health insurance for auto-related injuries. It is also known as the No-Fault law. So, in any accident in which you are a driver or passenger, your own PIP pays your medical bills (80% of reimbursement rate) up to $10,000.00.

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1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Domestic Violence for Florida on
Q: Can I amend lawsuit that's been filed already and get a default judgment?

I filed a lawsuit against my ex for assaulting me and causing me to have a spinal cord injury. He had a deposition and then I tried to mediate and he never responded. Now it's been 6 months and not a word from him. Can I file for a default judgment? The other question I have is that after I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 6, 2018

You have a choice: either go for a default judgment; or amend your complaint, get him served with the amended complaint, and see if he responds to that. You cannot file another lawsuit for the PTSD; it would normally be considered part of your first lawsuit.

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