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Florida Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: How soon after the county clerks office uploads a settlement offer is the plaintiffs lawyer notified of proposal?

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?

Charles M.  Baron
Charles M. Baron
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

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI.

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

Charles M.  Baron
Charles M. Baron
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

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI.

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

Joel Gary Selik
Joel Gary Selik
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.

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI.

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

Stephen Arnold Black
Stephen Arnold Black
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

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Q: Neighbors harass me with spotlights. Filed stalking n lost. Drive around my property. What does that fall under ?

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

Charles M.  Baron
Charles M. Baron
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

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: Are you eligible for 624.128 Florida Statute, if it was a h & r? And at- flt driver is found days later.

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

Charles M.  Baron
Charles M. Baron
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

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: If I had a car accident in Puerto Rico but have Florida license can I open case in Florida?

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

Charles M.  Baron
Charles M. Baron
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

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: If I had a car accident in Puerto Rico but have Florida license can I open case in Florida?

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

Peter N. Munsing
Peter N. Munsing
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...
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1 Answer | Asked in Personal Injury for Florida on
Q: Hi, can an attorney send a client part of a settlement if there is a hold up from a provider regarding the amount?

I have a large settlement from a car accident and my attorney has been going back and forth with a provider which is delaying me getting my check. Is he able to send part of the settlement to me while that gets worked out?

No mistrust to my attorney at all. It is my primary care physician... View More

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2023

A Florida attorney could advise best, but your question remains open for two weeks. Different attorneys handle this type of situation differently. It could depend on how firmly the terms of the outstanding medical payments or liens have been confirmed. Since these are sometimes negotiated, some... View More

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: I have a utility trailer titled as Home Made in Florida. I am thinking of selling it. Am I considered the manufacturer?

Can I be liable for this utility trailer after the sale?

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

The following comments are for informational purposes, not legal advice (for which you'd need to schedule a consultation with an attorney). You did not indicate if you made the trailer. Maker = manufacturer. Generally, a manufacture of anything that causes injury or damage due to negligence... View More

3 Answers | Asked in Personal Injury for Florida on
Q: Hi, can an attorney send a client part of a settlement if there is a hold up from a provider regarding the amount?

I have a large settlement from a car accident and my attorney has been going back and forth with a provider which is delaying me getting my check. Is he able to send part of the settlement to me while that gets worked out?

Edit- no mistrust to my attorney at all. I just didn’t want to... View More

Tim Akpinar
Tim Akpinar
answered on Jun 10, 2023

It could depend on the situation. It would help if the attorney has something in writing from the lienholder. Most attorneys are interested in keeping their clients happy and releasing the funds of their awards sooner than later. At the same time, attorneys can be hesitant if they are uncertain... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: Hi, can an attorney send a client part of a settlement if there is a hold up from a provider regarding the amount?

I have a large settlement from a car accident and my attorney has been going back and forth with a provider which is delaying me getting my check. Is he able to send part of the settlement to me while that gets worked out?

Edit- no mistrust to my attorney at all. I just didn’t want to... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 4, 2023

It sounds like there is an issue of mistrust of your lawyer, who apparently did a good job of obtaining a large settlement for you. Why? Is he not adequately communicating with you regarding the reason for his/her decision to keep all funds in the trust account until the provider's lien is... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: car accident

I recently had a car accident. It occurred when I was turning left, and the oncoming car was speeding. The cop gave me the violation ticket and judged it was my fault. However, I was sure the car was speeding, and the cop also reported that the oncoming car was unable to take unevasive action. In... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 30, 2023

You need to retain a personal injury attorney here in Florida on contingency fee which means you pay nothing unless you win. The police officer’s opinion as to who was at fault for the accident is not dispositive of liability in a civil case.

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1 Answer | Asked in Contracts, Products Liability, Construction Law and Personal Injury for Florida on
Q: Inspection

The windows were bought and installed by Lowes in 2019. We just recently discovered they are all pulling away from our home at the top, allowing daylight, air, wetness in from the outside. You can see mold visibly in some spots. I, myself have had continuous breathing issues to the point that I had... View More

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

You indicated that numerous lawyers have told you they cannot be of help. Did they provide the specific reasons, including principles of law and issues of proof, that caused them to decline the matter? That's step number one - to meet with a lawyer (either in person or virtually) to go over... View More

2 Answers | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: A dog attacked my cat on my property. Now my cat is missing. What all can I do

My neighbors on the side of her dog viciously attacked my cat. I have video proof of the dog in the cat in the altercation. My neighbor behind me was the one that broke up the altercation. I confronted my neighbor on the side. Showed her video documentation that it was her dog that attacked my cat.... View More

John Michael Frick
John Michael Frick
answered on May 18, 2023

You can sue for the fair market value of the cat. A pet owner has a legal duty to confine their pet with a leash or inside a fenced enclosure sufficient to prevent the pet from escaping. You might have to address why you can’t find your cat, but the video may be sufficient to persuade a jury... View More

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2 Answers | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: A dog attacked my cat on my property. Now my cat is missing. What all can I do

My neighbors on the side of her dog viciously attacked my cat. I have video proof of the dog in the cat in the altercation. My neighbor behind me was the one that broke up the altercation. I confronted my neighbor on the side. Showed her video documentation that it was her dog that attacked my cat.... View More

Charles M.  Baron
Charles M. Baron
answered on May 17, 2023

The dog owner is legally responsible for the vet bills, which you should first present to the owner to try to amicably resolve the matter, and if not settled, you can sue the owner in small claims court, assuming the amount is $8,000 or less. If the dog is owned by a couple, you would sue both... View More

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4 Answers | Asked in Personal Injury for Florida on
Q: My frienld has a slip&fall suit her attorney calls and tells her that the other side wants to settle out of court

They agreed to pay $1,000,000 her attorney calls her back and asks if she'll take $325,000 what's up with that she's lost her home car is injured they've said they were at fault agreed to pay the million out of court why is her attorney trying her with $325,000 we don't get it what are missing

Charles M.  Baron
Charles M. Baron
answered on May 10, 2023

That's a mysterious question - didn't the attorney give an explanation? That's step one. If no explanation, your friend should ask for an emailed explanation. If he/she gave an explanation, what's the problem with the explanation? Not understandable? Not believable? In... View More

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2 Answers | Asked in Personal Injury for Florida on
Q: My lawyer received a settlement offer from the opposing side but did not inform me until a month later. Is this allowed?

My lawyer has continuously failed to provide information, let alone correct information, to me my entire DBA case. I contact him for updates often because there have been requests made from the opposing side that he will not discuss with me until months later. During that month, I contacted him... View More

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2023

It's always best to relay case developments promptly, but sometimes there are oversights. People sometime forget, they assume someone else in the office was going to handle notifications, they make a mental note to verify a lien figure so that they could be accurate in telling client about a... View More

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2 Answers | Asked in Personal Injury for Florida on
Q: My lawyer received a settlement offer from the opposing side but did not inform me until a month later. Is this allowed?

My lawyer has continuously failed to provide information, let alone correct information, to me my entire DBA case. I contact him for updates often because there have been requests made from the opposing side that he will not discuss with me until months later. During that month, I contacted him... View More

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

A lawyer has an ethical obligation to adequately communicate with the client, including on major developments (which would certainly include a settlement offer), and to diligently move the case forward. However, a few weeks time between a Step A and a Step B may be reasonable and not in any way... View More

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1 Answer | Asked in Admiralty / Maritime, Personal Injury and Workers' Compensation for Florida on
Q: If I have been working for a tour boat company for a week and am injured do i qualify for jones act protection medical?

As a 100 ton boat captain I was training on a new job with a fast boat that holds 30 passengers. While training under the command of another captain at the helm. I was injured. I was also injured the day before due to safety issues below deck. Both injuries to my deck I informed my employer by... View More

Tim Akpinar
Tim Akpinar
answered on May 6, 2023

I'm sorry about your injuries. Yes, on your first question, it sounds like you would qualify for maintenance and cure. Those fast boats are usually domestically registered and do not operate under offshore flags. I can't be certain, based on the details of the post, but I would guess that... View More

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