Ask a Question

Get free answers to your Personal Injury legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: I caused a rear end accident in florida in my pick up truck, trailer attached not owned by me. will he get sued as well?

my insurance lapsed. trailer did not hit other car just my truck hit her. So i wanted to know if his insurance would be liable. the trailer owner.

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

The trailer owner is not automatically liable merely because his trailer was attached. There would need to be some improper use or improper maintenance of the trailer that contributed to the accident. However, the lack of liability doesn't necessarily mean he won't be sued. Sometimes... View More

3 Answers | Asked in Personal Injury for Florida on
Q: Can a passenger on a charter boat sue the owner of the boat even though they didn't pay to go aboard?

I own a charter boat business. Let's say two passengers are coming aboard. I have Person A sign a waiver that releases me from liability but Person B does not sign the waiver. Person A is the one that gave me their credit card information and paid for the trip. Person B gets hurt during the... View More

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

Probably not. A liability waiver of liability for your negligence is questionable anyway, but Person B cannot act on Person A's behalf (assuming both are responsible adults) in any event.

View More Answers

2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Ulna fracture and dislocation not properly diagnosed or treated because I refused a Covid test. Can I be compensated?

Once I refused, the Covid test, pain management meds were canceled and I was discharged.

Joel Gary Selik
Joel Gary Selik
answered on Mar 25, 2023

If the medical standard of care was breached, and that caused additional harm, such as further damage to the broken limb, there may be a viable case.

View More Answers

1 Answer | Asked in Business Law, Civil Litigation and Personal Injury for Florida on
Q: Are you allowed to restrain a person that is destroying or vandalizing your property whether it is personal or business?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

In general, yes, assuming that by "restrain" you mean the use of non-deadly force. Florida Statute 776.031 provides, in pertinent part, that

"(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that...
View More

3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Hello, Regarding a medical error claim, I had an attorney tell me that due to tort reform, the damages in our case

would need to exceed the cost of litigating them, in order to file...and he threw out example of $15,000 during our consultation. Is this accurate?

David Hughes Harris
David Hughes Harris
answered on Mar 20, 2023

The costs can vary, of course, but the figure quoted to you by counsel mention is a reasonably accurate response. Quite frankly, most medical malpractice cases cost far more than this figure, especially in litigation.

"Tort reform" laws on the books -- and several more pending...
View More

View More Answers

2 Answers | Asked in Personal Injury for Florida on
Q: Me and my uncle was in store he was having an medical emergency i had to ask clerk 10 times to call 911 so i had to ask

Ask another costumer to please go and grab my phone from my car

Jason  Turchin
PREMIUM
Jason Turchin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

It all depends on the type of store and their duty to you. If someone had a medical emergency in a pharmacy and the pharmacist did nothing, there may be a reasonable expectation that they should be able to help and failed to do so. It may also depend on what the store did prior to prepare for a... View More

View More Answers

4 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: Could you tell me what this means regarding my MSJ?

The Court is respectfully denying the relief sought as a matter of law. The parties are asked to confer on an order for submission to the Court through the order portal in CourtMap for review and consideration.

What does this mean? Thank you

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

Simple - the Court denied the motion and requested the parties to confer on the language of the order for the Court to enter, then upon reaching agreement on the language, electronically submit the proposed order via the CourtMap portal, the Miami-Dade Court system's electronic portal for... View More

View More Answers

2 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for Florida on
Q: Can Civil Case Contempt affected by Bankruptcy filing?

UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed... View More

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

I agree with Mr. Nachbar's answer as a potential strategy, but your issue depends on what the party was held on contempt for and of course whether you are a listed creditor in the bankruptcy case. If the only reason for the contempt is failure to comply with post-judgment (collection)... View More

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I'm 19 and I'm getting sued for 100k. I'm currently a full time student and I don't work or own any property.

One year ago I was involved in a car crash and my insurance company paid the other person involved the agreed amount. One year later (today) I'm getting sued for over 100k and I don't work and don't own property. What should I do?

Charles M.  Baron
Charles M. Baron
answered on Mar 16, 2023

The short answer is that you should schedule a consultation with an attorney handling personal injury cases. Your inquiry is a bit mysterious. Sued by whom? If your insurance company settled with the other party, they should have had that party sign an agreement releasing you from liability, and... View More

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Florida on
Q: If someone is holding a lawful and peaceful protest, can 1 person ruin it for everyone by committing crimes?

If someone is holding a lawful and peaceful protest on a sidewalk, then 1 individual person comes and throws glass at police & otherwise does disorderly and unlawful actions, are police able to deem the entire protest unlawful and disperse it? Can 1 protestor's actions represent the entire... View More

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

To answer this question, you must put yourself in the shoes of the police officers - that is how a Court would analyze it should the police action be challenged. (By the way, I have handled many police misconduct cases representing victims of false arrest, excessive force, etc., and I've been... View More

2 Answers | Asked in Criminal Law and Personal Injury for Florida on
Q: I went to home Depot yesterday and was threatened by a home Depot employee in the parking lot to beat me up and shoot me

I have witness I have his name and number he wrote a statement I wrote a statement I reported it to the police can't stop shaking haven't slept do I have a case

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 3, 2023

Are you asking whether you have a case against the employee or against Home Depot? It may be difficult to establish that Home Depot is responsible for the employee's actions. And in either case, is doubtful that you can establish anything in the way of money damages. It is more likely that... View More

View More Answers

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Personal Injury for Florida on
Q: I went to home Depot yesterday was threatened with bodily harm and being shot by an employee I have a witness a writte

I reported it to home Depot had a written statement which I could barely write and reported it to the police also have an eyewitness who report has a written statement as well

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

And your question is? Whatever action, if any, you are looking to do or wondering if you can do, send in a new post that asks what is on your mind, so that those who see your post may be able to guide you. If your only question happens to be, "How can I find a lawyer to help me?", you... View More

1 Answer | Asked in Employment Law, Personal Injury, Banking and Car Accidents for Florida on
Q: I have several things that I have endured over the past couple years that I believe could be potential lawsuits differen

I'm basically want to hire myself and attorney that I can pay monthly payments to and I can go over all of my different practice areas and I believe they need attention it's too many things done to me wrong over the course of my life I understand there's a statue of limitations for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

If you're interested in hiring an attorney, you can search for attorneys in your area who specialize in the relevant practice areas for your potential lawsuits. Many attorneys offer free initial consultations, so you can discuss your potential cases and payment options during that meeting. You... View More

1 Answer | Asked in Personal Injury, Constitutional Law and Landlord - Tenant for Florida on
Q: Can someone point me in the right direction.

I stayed in these apartments in Arlington in 2021i was pregnant, within the first month I had issues. There was no heat or AC in the unit. being on the second floor with heat and moist black mold, started appearing everywhere throughout the house. I have pictures. What they did do was send... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Based on the information provided, it sounds like you may have a potential legal case against the apartments for issues related to mold, plumbing, and reimbursement for hotel expenses. You may want to consider contacting a local tenant rights organization or consulting with a landlord-tenant... View More

1 Answer | Asked in Personal Injury and Sexual Harassment for Florida on
Q: Hi, I just need to know if you can sue or press charges against a TSA agent for sexual assault during a pat down?
Charles M.  Baron
Charles M. Baron
answered on Feb 26, 2023

Sorry to hear about your ordeal. Depends on the facts. The issue would be whether the agent did something offensive outside of the pat-down guidelines that the agency instructs them on. Here is a link to an example of such instructions:... View More

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: Is there a way to access car accident claims andopen lawsuit file against you and any claims made on your behalf online?

Is there a way to access car accident claims made on your behalf or made against you online including work related Car accident cases? Any open claims under your name open lawsuits that you have under your name. Lawsuit was filed under my old last name and I don’t know if everything changed over.

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

Lawsuit records, for both open and closed cases, are available online on the Clerk of Court website for each county. Claims that never made it as far as a suit are not.

1 Answer | Asked in Personal Injury, Civil Rights, Libel & Slander and Medical Malpractice for Florida on
Q: How do I get a lawyer in my state if I am sueing the State?
Tim Akpinar
Tim Akpinar
answered on Feb 19, 2023

A Florida attorney could advise best, but your question remains open for two weeks. In addition to searches you may conduct on your own online, there is a "Find a Lawyer" tab at the upper left part of this page. You could search Florida attorneys by region and practice area. Additionally,... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for Florida on
Q: Am I liable or my boyfriend for a dog bite while at dog boarding?

I book my dog and my boyfriends dogs through an online portal for dog boarding in Florida. I sign the yearly terms and conditions as an anuthorized representative of a legal owner as it is through my online portal account as we live together and use it as one household. Within the document it... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 13, 2023

Your boyfriend as dog owner is likely liable, and regarding yourself, that may depend on what "authorized representative" means as mutually understood by the parties - but regardless of who, if anyone, potentially has liability, the bite victim can and probably will file a lawsuit against... View More

2 Answers | Asked in Civil Rights, Personal Injury and Civil Litigation for Florida on
Q: Why is it hard to find a lawyer for a civil suit for sexual battery on a child

Molestation by mom boyfriend at 13

John Michael Frick
John Michael Frick
answered on Feb 8, 2023

Very few personal injury lawyers are willing to accept cases involving intentional acts like assault and battery because of concerns about the collectibility of any judgment.

Insurance policies uniformly have “intentional act” exclusions. Public policy usually precludes insurance or...
View More

View More Answers

1 Answer | Asked in Personal Injury and Banking for Florida on
Q: How do I open a bank account when I'm in the hospital and not fit enough to physically do it?

I'm asking this for my girlfriend (It's a distant relationship, she is from the US and I'm from Germany ) because we need the inheritance money that she got from her father to pay for medical expenses (a lawyer already handled the money, she just needs to open the account).

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

One option is to execute (sign with formalities) a Power of Attorney giving your girlfriend the power to open an account in your name. It's unclear from your post whether you are currently in Germany. If you are, and the account needs to be opened in Florida, you'd need to have the... View More

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.