Lawyers, Answer Questions  & Get Points Log In
Florida Personal Injury Questions & Answers
2 Answers | Asked in Education Law and Personal Injury for Florida on
Q: Can I sue a college for not keeping up with residential maintenance.

I live on campus and I’ve had to move dorms 1ce so far thinking about doing it again. The first dorm I was in I had ac blasting in my face at night around 60° and heat during the day which would go up to 75° that I could not control. It would disrupt my sleep schedule and led me to get sick.... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 9, 2023

To determine your rights and remedies, your contract/lease with the college must be reviewed. Start by reviewing it yourself and see if there is any verbiage regarding maintenance/repair issues, as well as any verbiage on any steps you must take in the event of any dispute or complaint. Then... View More

View More Answers

1 Answer | Asked in Divorce, Personal Injury and Family Law for Florida on
Q: My wife and I have split and she's showing and selling my masterbation video can I sue her

It was made for her supposed pleasure but apparently she wants to blackmailed me

Charles M.  Baron
Charles M. Baron
answered on Nov 7, 2023

If she is asking you for money or some other benefit to prevent her from showing it, she's likely committing a crime, and you can report her to law enforcement - IF you want this issue to become public record and IF having her arrested, possibly hauled off to jail, and prosecuted is desirable.... View More

2 Answers | Asked in Immigration Law and Personal Injury for Florida on
Q: Why would a plaintiff attorney agree to set aside clerks default for personal injury case?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

In a personal injury case, a clerk’s default might be entered if the defendant fails to respond to a lawsuit within the time prescribed by law. However, there could be several reasons why a plaintiff's attorney might agree to set aside a clerk's default:

Fairness and Merit: The...
View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My daughter is being sued for an accident that the other driver was cited for. We are in Florida.

The passengers in the other car are suing my son-in-law, daughter, and insurance, along with the driver of the car they were in, for great bodily harm. Daughter's insurance is 10/20/10. I doubt they will settle for the 10. They have no assets, lots of bills, 3 kids. Yes, they have decent jobs,... View More

Kimberly Grant
Kimberly Grant
answered on Nov 3, 2023

Your daughter should contact her insurance agent and forward a copy of the lawsuit to her insurance company as soon as possible (and make sure it is received). I am not licensed to practice law in Florida, but I believe an Answer to the lawsuit must be filed within 20 days after service of the... View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My daughter is being sued for an accident that the other driver was cited for. We are in Florida.

The passengers in the other car are suing my son-in-law, daughter, and insurance, along with the driver of the car they were in, for great bodily harm. Daughter's insurance is 10/20/10. I doubt they will settle for the 10. They have no assets, lots of bills, 3 kids. Yes, they have decent jobs,... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 3, 2023

Your daughter's insurer should provide a free lawyer, and there is a potential scenario in which the plaintiffs WILL settle for the 10K if they can get enough $$ from the other parties/insurers, or if they figure that promptly getting the 10K in hand would be beneficial while they continue to... View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Is it a conflict of interest to apply to/get hired by State Farm if I have an open injury claim (auto) against them?
Tim Akpinar
Tim Akpinar
answered on Oct 27, 2023

Addendum - as a follow-up to my post a minute ago, it would have probably been more precise for me to say that it could be argued as a conflict. Conflicts law sometimes confronts settings where compelling arguments could be made for more than one interpretation of a given situation. Good luck

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Is it a conflict of interest to apply to/get hired by State Farm if I have an open injury claim (auto) against them?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2023

In Florida, considering employment with State Farm while having an open injury claim may raise concerns of a conflict of interest. To address this situation, it's important to be transparent and consider key factors. First, disclose your situation to both the potential employer and your legal... View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Is it a conflict of interest to apply to/get hired by State Farm if I have an open injury claim (auto) against them?
Tim Akpinar
Tim Akpinar
answered on Oct 27, 2023

Technically, it's a textbook conflict of interest. But as a practical matter, you could ask their position on it and check with their policy. As a large carrier with so many employees nationwide, you might not be the first person to be in such a position. Good luck

View More Answers

2 Answers | Asked in Personal Injury for Florida on
Q: Im disabled how do I file a case against a transportation company leaving me stranded for 6 hours?

I have Asthma/COPD being outside in the heat caused me to have chest pains and shortness of breath for 4 days.Im type 2 insulin dependent diabetic and my sugar was dropping while waiting on transportation.I needed to get some food or something sweet to bring my sugar up. Not being able to go get... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2023

I'm sorry to hear about your distressing experience. To file a case, you should consider the following steps:

1. Document everything: record dates, times, and details of the incident, including any communications with the transportation company.

2. Seek medical attention...
View More

View More Answers

2 Answers | Asked in Personal Injury for Florida on
Q: Is Florida laws preventing full coverage of medical cost for the not at fault driver? My mom is being limited to 25K?

Her medical bills will be at least a million, but her lawyer is noting to sign off on the offer of 25K and that she can't get more unless they can prove the insurance company delayed the offer. The lawyer is noting a new law De Santis signed in March of this year.

Charles M.  Baron
Charles M. Baron
answered on Oct 19, 2023

Did your mom get an explanation of WHY the new tort reform law causes her lawyer to recommend acceptance of the offer? What does that particular law exactly say, and what difference does it make for her case? That's where she must start, and if that explanation is not understood, then ask... View More

View More Answers

2 Answers | Asked in Personal Injury and Internet Law for Florida on
Q: Hello my name is Omar I would like to know if someone did this because a lot of things have been happening? Can you help

The part of my personal information hacking

Broadcasting off my phone ? Without my permission.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023

Hello, Omar. Unauthorized access to your personal devices, such as hacking into your phone, is a violation of various federal and state laws in the U.S. Broadcasting or disseminating personal content without your consent might also infringe on your privacy rights. If you believe someone has... View More

View More Answers

3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: My husband punched someone 2 1/2 years ago and we were just served with a civil lawsuit. What type of lawyer do we need?

He was already arrested, charged, sentenced in criminal court for battery. And the victims claims seem outlandish.

Charles M.  Baron
Charles M. Baron
answered on Oct 12, 2023

Your husband needs an attorney handling either personal injury defense or general civil litigation. One aspect of this situation to be evaluated by an attorney is whether your husband could be judgment-proof, meaning if he gets hit with a money judgment, is there anything for the plaintiff to... View More

View More Answers

2 Answers | Asked in Landlord - Tenant and Personal Injury for Florida on
Q: Can I sue my apartment complex if my car got stolen from there there's no security no gate no cameras

They only have cameras at the gate they refuse to fix so u only see cars coming in n out that's it my car being stolen from ruined my life

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

It is highly unlikely you can successfully sue your apartment complex for the theft of your car absent very unusual facts and circumstances. But it does depend on the facts and circumstances.

Fortunately your car insurance should financially assist you under your comprehensive coverage.

View More Answers

2 Answers | Asked in Personal Injury for Florida on
Q: Lg contractor is building city marina and opened some of it. Construction Negligence causes injury. Who is liable for dr

A contractor is building a lg city marina. It has a walking path that is opened to public. I was walking with wife and the ground on marina gave way causing myself to fall into 2 1/2 ft hole causing injuries that I have to see a orthopedic specialist for major surgery. Who is liable for hospital... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 29, 2023

The property owner/manager as well as the contractor builder that was hired both have liability exposure. Take many pictures of the accident scene at the same time of day that said accident happened. Save the shoes you were wearing and don’t give any statements to anyone without retaining... View More

View More Answers

2 Answers | Asked in Personal Injury for Florida on
Q: Lg contractor is building city marina and opened some of it. Construction Negligence causes injury. Who is liable for dr

A contractor is building a lg city marina. It has a walking path that is opened to public. I was walking with wife and the ground on marina gave way causing myself to fall into 2 1/2 ft hole causing injuries that I have to see a orthopedic specialist for major surgery. Who is liable for hospital... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 29, 2023

I agree with Mr. Black and add that there is potential liability on the part of both parties for pain and suffering damages, in addition to medical bills, lost income, and any other economic losses. As a practical matter, once a presuit claim is presented, the city and the contractor would... View More

View More Answers

2 Answers | Asked in Criminal Law and Personal Injury for Florida on
Q: Can you sue the government for taking too long to prosecute?

I went to the police in December 2021 for being a victim of a sex crime. The arrested him last year and we have yet to get a conviction, he has been in jail for over a year. The legal representative for the government is staying in contact but can we sue for the time that this is taking?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 28, 2023

No. Penalties imposed for criminal acts are meant to benefit the public, not private parties such as you. Similarly, if the perpetrator had been promptly prosecuted and acquitted, you would not have had standing to appeal. Your remedy would have been a civil case, if you could have proven money... View More

View More Answers

2 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: I was I injured in a car accident & i am about to receive a settlement. Is my husband entitled to any of my settlement?

My husband and I live in Florida. We have been seperate for about 12 years, living in seperate households. We do not exchange money between households. The personal injury settlement was because I was in a car accident. I am on a full disability, SSDI. I have been on a full disability for about... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 22, 2023

I'm assuming you have a lawyer. If I'm right, I'm wondering why you're you asking this question online. Is there a problem with your lawyer's representation and advice? Is there a communication problem? If so, that is an issue that needs to be resolved as quickly as... View More

View More Answers

1 Answer | Asked in Civil Rights, Civil Litigation and Personal Injury for Florida on
Q: What is the civil statute of limitations for the victim of attempted murder in Florida?

I was the victim of a stabbing about 20 years ago. It still mentally affects me to this day. It has also affected where I would be financially, my work progress and status, and my overall quality of life. The perpetrator was caught quickly since I knew him and was placed in a mental facility for... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 21, 2023

Sorry to hear about your ordeal. I can tell you generally what the limitations period would be in a situation like this, but any question on the limitations period for an incident causing damage to you is a question asking for specific legal advice to rely on - which cannot be answered in this... View More

1 Answer | Asked in Car Accidents, Personal Injury, Social Security and Workers' Compensation for Florida on
Q: Social security and worker’s compensation

I stopped receiving worker’s compensation about a year and a half ago but social security is telling me that I’m receiving it still and they never removed me from their system. That is affecting my social security case. What can I do to correct this?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

You should contact your local Social Security office to provide them with documentation showing that your worker's compensation benefits have ceased. They will need this information to update their records and resolve the discrepancy affecting your Social Security case. It's important to... View More

2 Answers | Asked in Civil Litigation, Small Claims and Personal Injury for Florida on
Q: can you sue in small claims court Florida for events created leading up to an injury
Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

You inquiry is vague as to what you mean by "events created...". If you have been damaged/injured by the unlawful act of another, you can sue in small claims court for up to $8,000 plus court costs, and in some types of cases, attorney's fees and prejudgment interest are awardable... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.