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Florida Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Florida on
Q: How can I find information pertaining to a lawsuit filed against Kmart around 2001/2002. I do not remember the attorney.

I am trying to locate all the medical records also. I do not remember where the Mri's etc treatments were done. It was long ago and I didn't have any life experience to know better to save this information.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 14, 2018

Assuming the case was in Lake County, Florida, start by searching here:

https://courtrecords.lakecountyclerk.org/showcaseweb/#/

1 Answer | Asked in Criminal Law, Personal Injury, Animal / Dog Law and Civil Rights for Florida on
Q: Former Rear Neighbors' Pitbull broke into my home--they have got Stalking Injunction against my daughter and me.

Judge granted-claimed I had querullent attitude (anyone faced with Pitbull violently breaking into their pool cage while they were swimming would be terrified) when I called 911 for help-(I am 64 yr old speech/hearing impaired-former 13 year old neighbor(daughter) and mid-20s stepbrother stood and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 14, 2018

How did the dog break into your property? Did it open a gate, or what? Did it attack you?

What does the injunction prohibit you from doing? Unless it prevents you from doing something that you would otherwise want to do, simply obey the injunction and move on. If you are reasonably...
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2 Answers | Asked in Personal Injury for Florida on
Q: I fell into a plate glass window leaving a bar.Mutilated my ear and neck almost died from wound. Can i sue this bar

I was intoxicated and it was the bars street front window.

Brett Steinberg
Brett Steinberg
answered on Apr 3, 2018

First of all, I am very sorry this happened to you and I hope you are making a nice recovery from your injuries. That said, the first question that must be answer is: Did the bar owner and/or the owner of the premises create a dangerous condition that caused your accident. Also, was this type of... View More

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1 Answer | Asked in Personal Injury for Florida on
Q: Driving girlfriend to work, and I got rear ended, she went to hospital, I'm in FL, any way of getting out of paying 20%?

I was told I have to pay 20% of the medical bills, and I wasn't at fault.

David Alan Wolf
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answered on Mar 27, 2018

If you were the one rear ended, you are not liable for your girlfriend's medical bills. The 20 % that is not covered by PIP can be collected from the at-fault driver's insurance company assuming that the at-fault driver carried Bodily Injury Insurance. Also, many medical providers will... View More

2 Answers | Asked in Personal Injury and Legal Malpractice for Florida on
Q: How long does my attorney have to pay me the share of the settlement in my case that was received?

They notified me two weeks ago that payment was received at their office and they would be sending me a check. We have already reviewed and signed a closing statement. We know how much money they are sending us. They have promised the check a week ago. Now I am getting excuses about their... View More

David Hughes Harris
David Hughes Harris
answered on Mar 22, 2018

There is no set timetable, but it should be reasonable and done as soon as practicable and possible.

Settlement disbursement timing always depends on the circumstances. If there are liens (e.g. Medicare, Medicaid, private health insurance, etc.) or health provider balances (e.g. doctor(s),...
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2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: Should I request a pre-trial hearing if I want to reach settlement?

I am proceeding pro se in a court case currently in Florida. I am working with a high ranking attorney from the defendants' law firm. The attorney has been fairly collegial and I believe wants to resolve the case, possibly by settling. In our case management exchanges, we agreed that no... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 14, 2018

Honestly. It is hard to say without knowing a ton more facts and details. You, acting as your own lawyer, is in the best position to determine the answer to your own question.

The practice of law has many facets. Judging people and character is one. Navigation in and through people and...
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3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Can I sue my doctor?

I had a doctor perform an ERCP on me and he messed up causing them to need to put a stent inside of my body to prevent pancreatitis since he irritated my pancreas. Now I'm getting charged thousands in total because of the procedure, visits, and now the procedure to take it out. Can I do anything?

Daniel Marc Berman
Daniel Marc Berman
answered on Mar 13, 2018

Perhaps, but only if you can prove that the Dr. violated the standard of care and that your issues are not a known possible complication of the procedure you had performed. You will need another Dr. as an expert to state this.

Consult with a medical malpractice attorney to see if this is...
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2 Answers | Asked in Business Law and Personal Injury for Florida on
Q: Can a bagged salad company be responsible for medical bills related to food contamination?

I made a bagged salad kit after work and ate about half of it when I chewed something mushy and spit out what was clearly a slug. I know people eat snails but slugs are different so I freaked out. After I threw up from being disgusted I had so many questions. Do they carry salmonella, what kind of... View More

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

Every product liability claim like this requires evidence/proof.

If you can prove (a) your food was contaminated, and (b) your illness or injury was caused by the contaminated food product, then (c) you may pursue a claim for damages (financial compensation).

If no actual harm...
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2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I was in a car wreck as a passenger. The driver hit a road barrier and kept going and parked his car at a gas station.

At the gas station, I got out and realized I was bleeding and ubered to the hospital where I had stitches put on the inside and outside of my lip. Upon getting back to the driver, he does not want to go through car insurance or make a claim. Why? Well it finally came out that the driver is on... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 8, 2018

The two of you certainly COULD enter into a binding contract that he would pay the damages instead of contacting the insurance company, but if he were to fail to pay you would have to sue him to enforce the contract. But you could be accused of concealing a crime, among other things. In my... View More

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1 Answer | Asked in Personal Injury, Landlord - Tenant and Small Claims for Florida on
Q: I have a roommate and she has a cat.

I was able to get my doctor to give me an ESA letter to allow the cat to live in our apartment even though it is not pet friendly. I had to sign a document saying that I was responsible for any damage the cat did. My roommate and I had a falling out and she left with the cat. The cat torn up our... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 19, 2018

In my opinion, you are responsible. You probably want to argue that the roommate should have managed the cat better, but the fact remains that you made the arrangements to have the cat in the apartment, and y assumed responsibility.

2 Answers | Asked in Consumer Law, Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: Can I sue boss after injured wrecked tow truck, told him was overworked, sick? Have proof of endangerment

Manager and my boss told me if I was overworked to let them know they will give me a time off. Was overworked 6 days a week 12- 16 hour shift plus nights, have text messages requesting to go home only for a short period of time to be sent but distance the cause me to wreck

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 18, 2018

No. Workers compensation is your exclusive remedy against your employer.

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1 Answer | Asked in Civil Litigation, Personal Injury and Family Law for Florida on
Q: Don't know what to do. Disabled vet . Wife went into a rehab facility .closed bank account left me to die. Just turned

Water off a couple of hours ago. No money for food or anything. Need to know what to do?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 16, 2018

Very sorry for your situation, but there is nothing we can do to assist you here online. I suggest that your reach out to your local DAV or even contact the VA. Or if you have other family that you can reach out to in your area.

Good luck, hope this helps a little.

3 Answers | Asked in Personal Injury, Car Accidents and Child Support for Florida on
Q: I was in an accident

Was in a accident on 2-2-18 involving a City Bus I hurt my entire back and right hip I'm on workers comp the insurance company contacted me on 2-13-18 the adjuster I talk 2 said once I'm done with treatment the will pay whatever workers comp don't pay along with pain and suffering in... View More

Daniel Marc Berman
Daniel Marc Berman
answered on Feb 14, 2018

Yes, you need an attorney on this right away. The insurance company will absolutely not treat you fairly if you don't have ab attorney.

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2 Answers | Asked in Admiralty / Maritime and Personal Injury for Florida on
Q: I was on a Norwegian cruise and got hurt on their island, in an area that had no signs posted swim at your own risk.

I ended up having to go back to the ship to have my injury seen by a doctor. I only signed a document for treatment, I did not sign for the Medical Services Bill that state I will not hold them liable and that I will accept paying the bill. They are now trying to send me to collections. What can... View More

Gordon Charles Webb
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answered on Feb 12, 2018

You most likely will need to sue them in Florida. Typically you must send them a Notice of Claim letter within 6 months of the incident and then file suit within one year of the incident. So best you consult with a Florida lawyer ASAP.

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3 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: How can I find out the liability limits of the at fault driver that hit me in florida
Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

They should provide them--Florida's law is somewhat unique in that regard.

You may wish to consult an attorney if you think your injuries are severe enough to make that relevant. Look for a member of the Fla. Justice Assn in the county where the wreck happened.They give free consults.

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1 Answer | Asked in Civil Rights, Libel & Slander, Personal Injury, Social Security and Real Estate Law for Florida on
Q: Good evening,I am looking for a Disability Discrimination attorney.This is not employment related.

Almost died, 2 months in hospital, 4 years to recover.

Hoa president harassed, stole money from me, false police report, etc.

Made my illness come back...had to go back on meds, etc. Dr. Told me to sue. Mother hired hoa attorney. This is her condo. We smoked him out. He is no... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

First, ask Justia to take your name down--you will end up otherwise with many solicitations (and if the HOA has an attorney it would be simple to look up your post).

Getting to your question you mentioned "attorney says....." which sounds like you have an attorney.

As to...
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1 Answer | Asked in Personal Injury for Florida on
Q: Can going into a desposition/statement with beer breath ,for an injury lawsuit, disqualifies that witness statement?

I have a lawsuit pending, I am sueing a hostel, for damages after a fire. My friend and I suffered 2nd and 3rd degrew burns.

Once the desposition happened, my friend was drunk. Is this goimg to affect any statement or settlement?

Regards

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

If your friend was drunk at the time of the deposition, and if that can be proven, the veracity of the deposition can be questioned.

2 Answers | Asked in Personal Injury and Animal / Dog Law for Florida on
Q: Is the Vet partially liable or negligent? Did they meet the standard of care?

We took my 3 lg, 2y/o dogs (no aggressive hx) to the vet. We always go straight to a room or offer to wait in the car. Checked in & was told they had an emerg. we’d be in a room in 10-15 mins. Offered to wait in the car, but they said it wouldn’t be long so waited outside maybe 6ft from the... View More

Daniel Marc Berman
Daniel Marc Berman
answered on Feb 7, 2018

Based on the fact your presented, I do not see a viable case against the Vet.

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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: My foot was backed over by a forklift at work, the driver did not have a operators license through the company. Advice?

The company I work for is PepsiCo and the employee that ran over my foot has only been with the company for a month. I reported the incident but I regret that I did not mention it was not my fault. Instead I said I stepped in the wrong direction which was not the case. I thought I was doing... View More

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

Fault is not an issue in workers compensation.

1 Answer | Asked in Personal Injury for Florida on
Q: Personal injury Liability

If you have a 6 foot wooden privacy fence around your entire back yard and someone climbs over it without your permission and gets hurt in your pool, are you held accountable for any injury or death that may occur?

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

In general, no. Fencing it in seems like a reasonable precaution by which to avoid the risk of injury to trespassers.

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