answered on Sep 16, 2023
My colleague raises a valid point - "events created leading up to an injury" is generally not a concept used to support a tort claim for injury. Instead, a wrongdoer's actions or inactions are more often characterized as having a "causal connection" or being the... View More
answered on Sep 11, 2023
Sorry to hear about the tragedy that has affected your family. If the children are over 18, each of them will be able to receive their portion without the necessity of a trust or other protected account being set up. If they are under 18 and the amounts received are over $15,000 or the total amount... View More
answered on Sep 11, 2023
I’m very sorry to hear of the passing of the father of your children. In a nutshell, in the State of Florida any settlement for a minor when the case is in litigation must have court approval and usually all funds over $15,001 are put into a protected account for the child. Even if the case is... View More
answered on Sep 10, 2023
Typically, uninsured motorist coverage in Florida will pay economic and non-economic damages resulting from bodily injuries sustained in a motor vehicle collision when the defendant/tortfeasor's insurance is insufficient or nonexistent. Examples would include medical bills, lost wages, paying... View More
answered on Sep 10, 2023
Uninsured/Underinsured Motorist coverage pays you for your medical bills, lost wages and pain and suffering when the person who hit you didn’t have any - or enough - insurance. It “stands in the shoes” of the person who hit you and attempts to make you whole from your injuries. It is... View More
He dislocated my knee and foot was injured. the school knows of his issues yet refuses to put this child where he can get the help he needs. I will not be able to return to my profession due to my injuries. He attacks other students and teachers..kicking, biting, etc.
answered on Sep 7, 2023
So any injury that occurs on the job entitles you to Worker’s Compensation through your employer. However, if it is a third-party that injured you, you can pursue a claim against the child’s parents provided that the parents knew or should’ve known that their child was extremely dangerous,... View More
Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”
Can a case dismissed without prejudice be reopened after the statute of limitations and ask the cases be related back to original filing if the claim stays t
answered on Aug 23, 2023
The dismissal without prejudice doesn't extend the time window with the statute of limitations. You still have to file within the SOL. The "without prejudice" only means you can file again (as opposed to a dismissal "with prejudice," which means you can't file again -... View More
Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”
Can a case dismissed without prejudice be reopened after the statute of limitations and ask the cases be related back to original filing if the claim stays t
answered on Aug 23, 2023
If a case was dismissed without prejudice and not re-filed prior to the expiration of the statute of limitations, the claim would now be time-barred, preventing the plaintiff from moving forward with that particular cause of action.
Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”
Can a case dismissed without prejudice be reopened after the statute of limitations and ask the cases be related back to original filing if the claim stays t
answered on Aug 23, 2023
To add to Mr. Clifton's and Mr. Apkinar's answers, while you GENERALLY cannot re-file a case with the same causes of action after the limitations period has expired (even though a dismissal is without prejudice), there are exceptions to that general rule, such as the equitable tolling... View More
I had a miscarriage, I believe it had been too early to tell but my boyfriend states that the hospital told him that I had a dilation and curettage. In the hospital records, it doesn't mention this and I got an infection after not being explained the proper remedies of how to heal after the... View More
answered on Aug 11, 2023
Sorry to hear about your horrible ordeal. You cannot obtain an online answer to the question, "How likely am I to win?", for this potential case or any other. You need to schedule a consultation with an attorney to review the facts and relevant documents. Also, there are relatively few... View More
He was attacked while in prison and needed help but he was left in a cell for 3 days before getting taken to a hospital, so lost sight in one eye and other one injured. He has no money or resources and no family. If it matters, he is listed as white, but nearly half Cherokee. His crimes were... View More
answered on Jul 27, 2023
The US Supreme Court has held that a plaintiff has to prove that the prison acted with deliberate indifference in delaying medical treatment and that that delay caused the medical injury that would not have occurred in the absence of the delay. Did your friend actually lose his eyesight 100%?... View More
Someone filed a complaint towards me at work based off of a statement heard from a 3rd party that was not true in which ended up in me being terminated from employment. Would the fact that they heard a statement from someone else and decided to publish it without verifying the truth count as being... View More
answered on Jul 18, 2023
What you really want to know is if this is ACTIONABLE defamation, meaning the type of defamation for which you can bring a lawsuit for money damages, and whether such a suit would be worthwhile to bring. That cannot be determined from an online inquiry; you need to schedule a consultation with an... View More
I can see on our county clerks website a settlement proposal has been submitted by the defense attorney, when I asked my lawyer about it they said they hadn’t received any proposal, how long does it take for them to generally get notified?
answered on Jul 11, 2023
Your inquiry is mysterious as to why you're asking that question online when you have an attorney currently working for you, and who should easily be able to answer that question. If you have a communication problem with your lawyer that is an obstacle to finding out this type of information,... View More
We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More
answered on Jul 6, 2023
I agree with Mr. Black's answer. I don't agree with Mr. Selik's answer regarding the need to pay $$ to an independent attorney to supervise the insurance company and their attorney, unless there is some indication that they are not doing right by you. Your insurance company has... View More
We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More
answered on Jul 6, 2023
While it is possible they can go after your personal assets it is unlikely. Your insurance will cover you. Get your own attorney just to supervise the insurance company and insurance defense attorney to make sure you are protected.
We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More
answered on Jul 6, 2023
If you and your husband are living together under the same roof, even though the car is registered in your name, he should also be an co-insured under the same insurance policy. Turn over any summons that you get from the accident victims lawyer to your insurance carrier, and they should provide a... View More
They ran a pipe underground to my property for their gutter runoff. They had a washout. He sent emojis via text of love you n miss you. They trespass. Last night I sat in my living room to fold clothes and he was on his cart staring at me for 3 minutes. My car was recently shot at in my windshield.... View More
answered on Jul 6, 2023
Some of the ongoing acts you're complaining about fall under the law of nuisance (which is court case-made law, which we lawyers call "common law", not in a statute). You may file a complaint to enjoin the nuisance and possibly seek money damages. A lawyer's cease & desist... View More
I was rear ended, on camera, by a hit & run driver. He seems impaired on the video as he walked to my car & back before driving away. I found him 10 days later and he admitted to the accident, was cited for no license and no insurance, in his moms car. It can't be proven he was... View More
answered on Jun 29, 2023
I don't know the answer regarding the statutory crime victim compensation issue (maybe someone else seeing this will know) - but you left out the issue of the driver's mother's insurance. If the mother owns the car, she is liable for damage caused by her son driving the car with her... View More
I was hit by a drunk police and they are trying to cover it all up I lost my job and car because of this accident
answered on Jun 19, 2023
Only if the person whom you wish to sue resides in Florida, which I assume is not the case here. Consult an attorney who is licensed to practice law in Puerto Rico. On the Florida Bar website, you can search for lawyers who are in Puerto Rico who are or were members of the Fla. Bar. It is likely... View More
I was hit by a drunk police and they are trying to cover it all up I lost my job and car because of this accident
answered on Jun 19, 2023
The claim has to be made where it happened or where the person at fault lives or does business. Contact the Bar Association of Puerto Rico https://capr.org/contactanos/ to find an attorney.
However, your Florida auto policy may provide coverage for medical bills, wage loss. If your work... View More
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