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Florida Personal Injury Questions & Answers
3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”

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

James Clifton
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James Clifton
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.

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2 Answers | Asked in Libel & Slander and Personal Injury for Florida on
Q: what kind of an attorney handles defamation slander, invasion of privacy, negligent misrepresentation, emotional distres

i need an attorney who will fight for me and will charge after they win the case.

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 18, 2023

You are looking for a personal injury attorney that specializes in these types of cases.

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1 Answer | Asked in Civil Rights, Medical Malpractice and Personal Injury for Florida on
Q: What is the likelihood I would win a medical malpratice /police brutality case?

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

Charles M.  Baron
Charles M. Baron
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

2 Answers | Asked in Personal Injury and Civil Rights for Florida on
Q: Can you help an inmate in Fl. who was attacked and his eyes seriously injured?

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

Stephen Arnold Black
Stephen Arnold Black
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

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1 Answer | Asked in Consumer Law and Personal Injury for Florida on
Q: Is a hotel allowed to keep my belonging until I pay them a cleaning fee?
T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2023

Generally, a hotel may have the right to hold onto your belongings until you settle any outstanding charges, such as a cleaning fee. But hold your horses! They can't just keep your stuff indefinitely. The hotel should provide you with a reasonable time to pay the cleaning fee and retrieve your... View More

1 Answer | Asked in Personal Injury for Florida on
Q: I had a rodent fall from the ceiling at a restaurant almost on me. It landed on my feet. Can I do anything?

We went to a restaurant and a baby squirrel fell from the high rafters above basically on me. It was then dying in my hands basically. The restaurant was already aware of the nesting problem above, but apparently still seat people directly below the area where they can be subjected to their bowel... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 20, 2023

You would have a case if you suffered any physical injuries. Emotional distress damages cannot be recovered unless occurring in conjunction with a physical injury that you suffered.

1 Answer | Asked in Banking, Civil Litigation, Personal Injury and Bankruptcy for Florida on
Q: Atheist, homeless. Would like to buy things like Chinese buffet or personal items like socks. Where do I get financing?

So far all the banks I've asked denied financing. I've asked USBank, Bank of America, Regions, Wells F, etc for a loan to help in finding a job, move to a different state, or for personal things and they have all denied. It's a bit surprising because I thought that was the point of a... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 19, 2023

No, a lawyer cannot sue private institutions to force them to establish you credit. As long as the lenders are not denying you based on a protected class such as race, religion, national origin, sex, or one of the other few protected classes, they are not breaking any laws. Not having a job or a... View More

1 Answer | Asked in Libel & Slander and Personal Injury for Florida on
Q: Would someone filing a complaint about me at work based off of a statement they heard from a 3rd party be defamation?

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

Charles M.  Baron
Charles M. Baron
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

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Florida on
Q: Am I able to open a case if the surgeon was suppose to perform a bilateral Orchidopexy but only did one ?

Now we will need to go back for surgery to fix the other side

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2023

A Florida attorney could advise best, but your question remains open for a week. It could depend on what damages you suffered - that could be a call a medical professional would need to make. One option is to reach out to attorneys to try to arrange a free initial consult to review the file. Good... View More

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

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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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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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

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 Business Law, Criminal Law, Personal Injury and Communications Law for Florida on
Q: Can I use a company for one of their employees logging into my account and giving someone else my personal information?

My ex asked one of her friends in New York who she claims works for spectrum. The persons brother also said that they asked her to dig into my stuff so that they could find out information I have text from both of them saying so. They have exact time and text messages that I never even showed... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 30, 2023

As I understand your question, you believe that an employee of the service provider, Spectrum, furnished text messages to or from you. In order to successfully sue the company, you would have to show that disclosure occurred, the service provider authorized the employee to disclose the... View More

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

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