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Florida Personal Injury Questions & Answers
3 Answers | Asked in Car Accidents, Employment Law, Civil Litigation and Personal Injury for Florida on
Q: What should I do about a lawsuit from an old Doordash driving auto collision?

Two years ago, I was involved in an auto collision while driving for Doordash. My personal car insurance denied the claim, but Doordash's insurance managed the claim and resolved issues with the other party. Fifteen days ago, the other party filed a substantial lawsuit against me and Doordash... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 6, 2025

Doordash or its insurance carrier should have got a release from the other party and should defend this lawsuit in your behalf. They should retain an attorney for you.

It is unclear why your insurance denied the claim, but if Doordash can't be contacted you could also demand that your...
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2 Answers | Asked in Criminal Law and Personal Injury for Florida on
Q: Can someone be arrested during a violent mental episode in Florida?

I am inquiring about the potential arrest of someone who had a violent mental episode in Florida, during which car damage occurred. There have been no previous incidents, but the individual is diagnosed with schizophrenia. Can they be arrested under these circumstances?

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Nov 4, 2025

Of course the person can be arrested if the circumstances show the commission of a crime. In some instances the police may delay an arrest by Baker Acting the person to a facility. In other instances the person is taken to jail. The existence of a past mental health history may be raised as a... View More

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2 Answers | Asked in Contracts, Civil Litigation and Personal Injury for Florida on
Q: Does the engagement ring belong to me or her father after breaking up?

I proposed to my ex-fiancé with an engagement ring that her father initially purchased for a great deal at $5,000. He offered to sell me the ring for $5,000, and I agreed. My parents witnessed the exchange of money. We might have text messages confirming this transaction, but I received no formal... View More

Stephen Arnold Black
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answered on Nov 4, 2025

Under Florida law, engagement rings are considered conditional gifts given in contemplation of marriage. If the engagement is broken by the recipient, the donor can usually recover the ring or its value. In this case, you paid $5,000 to your future father-in-law for the ring, and the daughter broke... View More

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2 Answers | Asked in Civil Litigation, Family Law and Personal Injury for Florida on
Q: Can I file a lawsuit for my son's neglect if I'm not his guardian?

Can a lawyer assist me in filing a lawsuit for my son's neglect, even though I am not his legal guardian? The caregiver was arrested for neglect, and my son was hospitalized. The situation gained media attention, and the guardian did not inform me about these developments, stating she... View More

Stephen Arnold Black
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answered on Oct 22, 2025

Under Florida law, the appointment of a guardian ad litem depends on whether the current guardian has taken proactive steps to protect your son’s rights. If not, any interested party may petition the court to be appointed in a limited capacity for that case. Since you qualify as an interested... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Do I have a legal case for malpractice if a recommended MRI was not performed, leading to serious medical issues?

In August 2025, I was admitted to a hospital in Florida after a fall and having a CT scan recommended an MRI. However, the hospital only conducted CT scans and I was set to be discharged without an MRI. On the day of discharge, I had a seizure, and subsequent tests revealed a right temporal lobe... View More

Jordan Blair Wright
Jordan Blair Wright
answered on Oct 20, 2025

Not legal advice. In Florida, a malpractice case usually turns on four things: (1) there was a doctor–patient relationship, (2) the provider fell below the prevailing standard of care, (3) that lapse probably changed the outcome, and (4) you suffered damages.

An MRI note in the chart...
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2 Answers | Asked in Business Law, Contracts, Real Estate Law, Landlord - Tenant and Personal Injury for Florida on
Q: How to protect against liability when hosting martial arts classes at home in New Port Richey, FL?

I want to host martial arts classes for up to 4 children at a time in my home in New Port Richey, FL. How can I protect myself and my father, who is the homeowner, from liability? I plan on having written agreements only if necessary. I'm aware that zoning regulations or HOA rules might impact... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 20, 2025

Almost all HOA restrictive covenants prohibit operating a business, whether licensed or not, from a home with their standard language "single-family residential" property and "no commercial activity." I have read some really old restrictive covenants and even those that are so... View More

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2 Answers | Asked in Legal Malpractice, Civil Litigation and Personal Injury for Florida on
Q: Should I hire a representative due to issues with my attorney's office after a settlement?

I recently reached a $1 million settlement following a bad accident from 8 years ago. However, I'm having difficulties with my attorney's office in getting straightforward answers, which is particularly concerning due to prior issues with them. One major concern is a lawsuit loan I took... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 20, 2025

You either trust your attorney (s) or you don't. The Florida Bar requires that when a settlement is reached in a Personal injury case, the attorney must provide you with a detailed Settlement Disbursement Summary that accounts for every penny of your settlement. Sometimes that takes a while... View More

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2 Answers | Asked in Personal Injury and Employment Law for Florida on
Q: Daughter's foot run over at parade; no immediate help. Actions to take?

My daughter was with her cheerleading group at a parade when her foot was run over by a trailer. Adults in charge did not call for help or get her medical attention. I reported it to the Chipley Police Department last night and have a text apology from her coach. A cheer mom assisted her after the... View More

Stephen Arnold Black
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answered on Oct 18, 2025

Your daughter may have two viable legal claims.

First, against the driver who ran over her foot, assuming you obtained their contact and insurance information. Second, against the sponsor or supervisor of the cheer group ( likely her school) for negligent supervision of the children along...
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2 Answers | Asked in Consumer Law, Contracts, Libel & Slander and Personal Injury for Florida on
Q: What legal options do I have for misrepresentations by my ex-fiancé in Florida?

I was misled by my former fiancé in Panama City, Florida, who made false statements regarding handling and paying for the U.S. visa process, which caused me financial expenses and emotional hardship. He also misrepresented the value of a ring and made unfulfilled financial commitments. I have... View More

Stephen Arnold Black
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answered on Oct 18, 2025

If you believe you’ve been the victim of a romance scam, you may have grounds to sue in civil court to recover damages caused by misrepresentation or fraud. These scams can also involve criminal conduct, so it’s wise to consult a criminal attorney in Florida to discuss filing a law enforcement... View More

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4 Answers | Asked in Real Estate Law, Landlord - Tenant, Civil Litigation and Personal Injury for Florida on
Q: Seeking advice on pursuing compensation for water damage in condo.

My first-floor condo bedroom and hall wood floors were damaged due to water from the second-floor condo directly above me. The AC unit froze, and the line running under my flooring caused water to cover my floors. Although the AC unit has been fixed, the damage was reported to the owner and the... View More

Stephen Arnold Black
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answered on Oct 6, 2025

You will need to file claims with both the homeowners association or property management company’s insurance provider and the upstairs neighbor’s insurance company. These insurers will conduct investigations to determine the source of the leak and assess the resulting damage. If the leak... View More

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3 Answers | Asked in Municipal Law, Real Estate Law and Personal Injury for Florida on
Q: How can I sue the city over tree damage to my house in Florida?

I am seeking legal advice on how to sue the city due to a tree managed by them that fell and damaged my house, causing around $60,000 to $80,000 in damages. This incident happened last year, and despite numerous complaints and communications via email to the city about the tree, they have not... View More

Stephen Arnold Black
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answered on Oct 6, 2025

You bear the burden of proving that the tree was located on city property, that the city was negligent in maintaining it, and that it was reasonably foreseeable that such negligence could result in the tree falling and causing property damage to a third party like yourself.

To initiate a...
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3 Answers | Asked in Personal Injury, Public Benefits and Civil Litigation for Florida on
Q: Can I file a lawsuit as a non-guardian mother of my disabled son?

I am the mother of a disabled son who is not under my guardianship. Last month, his caregiver neglected him, which led to his hospitalization, but I was only informed about the incident this month when a news reporter contacted me for a story. The caregiver was arrested and charged with lying to... View More

Stephen Arnold Black
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answered on Oct 9, 2025

Yes even though you're not his legal guardian you can be appointed by the court if the legal guardian does not want to pursue this through their own delay and lack of interest. If and when you are appointed, you would need to prove that the caregiver's neglect led to damages which is most... View More

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6 Answers | Asked in Car Accidents, Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Can I decline Progressive's settlement offer after a Florida car accident?

I was a passenger in a car accident in Florida involving a stolen vehicle. The other driver, who was at fault, was in a stolen car, and GEICO denied coverage due to the theft. My in-laws' insurance, Progressive, has offered me $2,500 to settle, but I am still undergoing medical treatment. My... View More

Stephen Arnold Black
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answered on Sep 27, 2025

GEICO likely denied coverage due to the theft exclusion. Progressive’s offer is probably from stacked UM coverage through your in-laws’ policy. You can reject it, and even if you accept, you can still pursue other claims. Just know that once you sign a release, you’re barred from going after... View More

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6 Answers | Asked in Car Accidents, Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Can I decline Progressive's settlement offer after a Florida car accident?

I was a passenger in a car accident in Florida involving a stolen vehicle. The other driver, who was at fault, was in a stolen car, and GEICO denied coverage due to the theft. My in-laws' insurance, Progressive, has offered me $2,500 to settle, but I am still undergoing medical treatment. My... View More

Gregory C. Maaswinkel
Gregory C. Maaswinkel
answered on Sep 27, 2025

The short answer is "Yes". Progressive's $2,500.00 is negotiable. Insurance companies often offer a quick settlement so that the injured party does not hire a lawyer. The insurance company knows that if you hire a lawyer, it will cost the insurer a lot more money. If you decide to... View More

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4 Answers | Asked in Car Accidents, Contracts, Business Law and Personal Injury for Florida on
Q: Am I liable for an accident during university business travel with a rental car, and should university be included in the settlement release?

I was involved in a car accident in Florida while on university business travel, and it was my fault. The vehicle was a rental from Avis, and I had purchased extra liability insurance from the rental company, which is covering the accident expenses. However, I am unclear why I am being listed as... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 26, 2025

You would be liable for the damages. Your employer probably wouldn't be. The Insurance is to protect the owner of the vehicle. Therefore, you were sued, not Avis.

Your employer wasn't released from liability, but chances are that it will not be sued. The fact that the...
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2 Answers | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Florida on
Q: Behind on rent with severe maintenance issues that landlord ignores; seeking legal guidance.

I am three months behind on rent and my landlord wants payment, but I am concerned about the poor living conditions in my home. There's a split roof that leaks where my kids sleep, pipes leaking water through the floor, faulty breakers that cut off all power, and loose sockets for plugs in my... View More

Michael  Mayoral
Michael Mayoral
answered on Sep 26, 2025

Under Florida landlord-tenant law, you must give your landlord a 7-day written notice to cure (Fla. Stat. § 83.56). The notice should list the serious problems (roof leaks, faulty electrical, pipes, etc.) and give 7 days to fix them. If repairs aren’t made, you may withhold rent or terminate the... View More

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2 Answers | Asked in Civil Rights and Personal Injury for Florida on
Q: How to find a lawyer for police misconduct injury case with resolution in Florida?

How can I find a lawyer to take on my police misconduct personal injury case involving an incident in March where sheriff's deputies mistakenly identified and attacked me at my rented condo? The sheriff's office has since acknowledged the mistake with a sustained letter of resolution. I... View More

Stephen Arnold Black
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answered on Sep 23, 2025

Many attorneys tend to avoid these types of cases because government entities, especially police departments rarely settle. They often take matters all the way to trial, which can be a long and difficult process. That said, some of us are willing to take on the challenge, even knowing it’s an... View More

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2 Answers | Asked in Nursing Home Abuse, Employment Law, Estate Planning, Family Law and Personal Injury for Florida on
Q: How can I reclaim my assets after being placed in a nursing home without consent?

My wife has taken all my money and possessions and placed me in a nursing home without my consent. I don't have access to any personal belongings or funds. How can I legally reclaim my assets and address my current situation?

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Sep 17, 2025

The transfer may have been part of elder law planning so that you qualified for Medicaid for your nursing home costs. There is a requirement when there is one spouse in a nursing home and the other spouse is living in the community to transfer the couple's assets to the community spouse within... View More

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2 Answers | Asked in Car Accidents, Contracts, Small Claims and Personal Injury for Florida on
Q: Is a handwritten agreement for minor car damages legally binding without notarization in FL?

I was involved in a minor car accident that resulted in a scratch, with damages amounting to less than $300. I drafted an agreement by hand with a ballpoint pen stating that both parties will not involve insurance and agree to never bother each other about this incident again. Is signing this... View More

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2025

'Sorry about your fender bender. A handwritten note should suffice for that scale of damages. Naturally, notarization gives an extra layer of protection. If you really want to do things thoroughly, you could use a release form. That basically says, "Here's the $300 - we're done... View More

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2 Answers | Asked in Products Liability, Civil Litigation and Personal Injury for Florida on
Q: Should I sue a dealership in Orlando for diminished value of my repaired vehicle?

I took my vehicle to a dealership in Orlando, FL for general maintenance, and they damaged it. They acknowledged the fault and repaired it, which took one week and two days. There were no extra costs for me, but the vehicle now has diminished value. The dealership refused my request for... View More

Michael  Mayoral
Michael Mayoral
answered on Sep 12, 2025

You can pursue a claim for diminished value, but you’ll need to weigh whether it’s worth the time and cost. Florida law allows recovery of diminished value in some cases, but you’d have to prove the reduction in market value with evidence, usually through an appraisal or expert report. Since... View More

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