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Florida Personal Injury Questions & Answers
1 Answer | Asked in Estate Planning, Personal Injury, Probate and Wrongful Death for Florida on
Q: Do a settlement check for a nonrelated PI case injury of the decedent's death have to pass through the estate to be paid

PI case not related to the decedent's death was settled by the legal rep as an individual and the settlement check was made payable to the Legal Rep as an individual the plaintiff's attorney to be disbursed. So does the settlement check have to go through the estate if the personal injury... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 5, 2023

Yes. The money is the property of the estate.

2 Answers | Asked in Divorce, Family Law and Personal Injury for Florida on
Q: My first lawyer gave my case to his partner who was ill. No documents filed witness was not contacted. Statue ran out

My case was given to a partner in the firm without my knowledge, he refused to do anything to confirm orior knowledge of restaurant he refused to contact witness and would become very upset if I questioned him. I had to undergo surgery, I was in a wheelchair for months and yet I could not get... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 14, 2023

Your inquiry is a bit vague as to whether the first case is over with zero recovery, and if so, why. You seem to indicate that the statute of limitations period expired, but that issue likely has nothing to do with the issue of which witnesses should be contacted. You are also vague, ad to both... View More

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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

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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

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

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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
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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

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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

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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

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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.

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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

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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

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1 Answer | Asked in Personal Injury and Divorce for Florida on
Q: Yes I asked my attorney who is a personal Injury attorney & has told me he does not know & to ask a family attorney

If I receive a personal Injury settlement in Florida will mt husband be able to access it?. My husband and I have been separated for over 12 years and we live seperate lives in separate households. If we go ahead with the divorce now will the settlement be part of my assets? Yes I am on a full... View More

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

Okay, so at least two attorneys have now recommended that you see a family law attorney. I hope your personal injury attorney knows about the disability benefits protection issue - that is part of his/her job.

[For others seeing this post, the inquirer is adding to her...
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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

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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
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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

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4 Answers | Asked in Car Accidents, Estate Planning and Personal Injury for Florida on
Q: Husband died in car wreck, separated at time of death. 4 kids but only 2 under 19. Does settlement have to go in trust?
Chelsie Marie Lamie
Chelsie Marie Lamie
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

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3 Answers | Asked in Personal Injury for Florida on
Q: what does uninsured motorist coverage cover exactly?
Drew Bruner
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Drew Bruner
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

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1 Answer | Asked in Personal Injury and Workers' Compensation for Florida on
Q: I work as a behavioral interventionist for a Pasco county school. I was attacked by a child .

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.

Stephen Arnold Black
Stephen Arnold Black
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

1 Answer | Asked in Personal Injury for Florida on
Q: My mom bought a car 'as is' , one day while using the trunk, it fell on her sending her to the emergency room. Can I sue
Stephen Arnold Black
Stephen Arnold Black
answered on Sep 6, 2023

In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.

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