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Florida Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents, Real Estate Law and Personal Injury for Florida on
Q: Can I be compensated for car and house damage caused by another driver?

My parked car and house were damaged by another driver who was at fault and has insurance. A police report was filed, but I haven't contacted my own insurance company yet. Will I be able to be compensated for those damages?

Charles M.  Baron
Charles M. Baron
answered on Mar 24, 2025

Yes, and the first step is to set up a claim with that driver's insurance company. You must obtain repair estimates for all damages, and if the limits of that driver's policy are not sufficient to cover your entire repair cost (both home and car), you can look to your own insurance... View More

2 Answers | Asked in Nursing Home Abuse and Personal Injury for Florida on
Q: How can I sue a nursing home for neglecting my grandmother in Florida?

I want to sue a nursing home for neglect of my grandmother. She was there for one week and ended up with bruises, a UTI, dehydration, and was left in dirty diapers for extended periods. She claims she was "manhandled" by four employees, and staff hid her cellphone to prevent her from... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2025

Sorry to hear about your grandmother's horrible ordeal. She has a potential claim for substantial money damages, which must be handled by an attorney. Promptly pick up the phone and call a lawyer who is in the County where the nursing home is to schedule a free consultation, either in person... View More

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2 Answers | Asked in Nursing Home Abuse and Personal Injury for Florida on
Q: How can I sue a nursing home for neglecting my grandmother in Florida?

I want to sue a nursing home for neglect of my grandmother. She was there for one week and ended up with bruises, a UTI, dehydration, and was left in dirty diapers for extended periods. She claims she was "manhandled" by four employees, and staff hid her cellphone to prevent her from... View More

Charles "Kip" Sinclair
Charles "Kip" Sinclair
answered on Mar 22, 2025

If they caused your grandmother any permanent injuries, then you can sue the nursing home on her behalf. Look for severe dehydration, malnutrition, weight loss, falls with injuries or any pressure ulcers.

If so, call and consult with a nursing home lawyer.

Sorry about what...
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1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: Unauthorized driver totaled my car in accident; other driver at fault. What should I do?

I lent my car to my cousin while he was visiting for the weekend. His friend took my car without permission and was involved in a car accident, totaling the vehicle. The police are not aware of the unauthorized use, as my cousin did not report it. The other driver was at fault, but the unauthorized... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2025

I assume you have made total disclosure to your insurance company of the facts. If not, you need to do so immediately. I'm guessing from your description that the unauthorized individual is attempting to receive the PIP benefits under your policy for payment of medical bills and/or is... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Inquiry about pursuing damages after radiation treatment setup error in Florida

I underwent radiation treatment in 2023, and significant damage became apparent soon after. The issue arose because the marker for the radiation was set by someone other than the doctor who performed the procedure. I'm concerned about the possible negligence involved and am seeking advice on... View More

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Mar 18, 2025

If you suffered injury from medical treatment as described, then you may just have 2 years under Florida law to claim from the date you knew there was damage. The set up by a medical technician etc will still be subject to a standard of reasonable care within that profession. Thus, you should... View More

4 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 18, 2025

An apartment owner has a legal duty to protect any person that is rightfully on the premises from criminal attacks that are foreseeable. A criminal attack would be foreseeable if the apartment building was located in an area that experienced crime of this type in the past. If so and the building... View More

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4 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 18, 2025

Yes, you can sue the apartment complex/landlord. The non-working security cameras are a huge red flag and will likely impart liability on the landlord. If other similar crimes have occurred in the complex, this will further show the landlord knew of the danger and failed to protect the occupants... View More

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4 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Mar 18, 2025

Negligent security is a real and recognized claim under florida law. These facts suggest the claim is worth consulting a lawyer. The property had a duty here to exercise reasonable care, and if there's a history of violent crime that would have required heightened security, cameras,... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 10, 2025

Yes, I think you have a claim. Your claim would be stronger if you took a picture to show that the cord was concealed or hidden from obvious view. However, that would not be indispensable for you to pursue a claim. You should retain an attorney on contingency fee here in central Florida, which... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Mar 10, 2025

You do have a claim for negligence. Medicaid will have a lien on the recovery, and generally in any personal injury case, the insurance carrier, medicaid or medicare have liens on the recovery. I think time is of the essence. Generally the homeowners insurance should provide some level of... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 10, 2025

Yes, you have a case. If the cord was in a location where you couldn't reasonably expect it, or it wasn't clearly visible, this could be considered a hazardous condition that your friend was responsible for addressing. You definitely want to work with a premises liability attorney.... View More

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2 Answers | Asked in Criminal Law and Personal Injury for Florida on
Q: Petty theft citation with prior diversion, seeking probation/no jail in FL.

I am a 74-year-old female who received a citation for petty theft after allegedly taking four dog treats from a store. The store staff did not witness the act, and there is no video surveillance. However, I did admit to a police officer that I took the treats for my sick dog to avoid going to the... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 6, 2025

It's best to hire counsel. If you cannot afford it, you could try the Florida Bar Lawyer Referral Service, which has a LOW FEE panel of attorneys available or low income individuals. But if you don't hire counsel, here's a couple tips. First, a status conference is not a judicial... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Florida on
Q: How can I get compensation for bicycle accident injuries without the driver's insurance coverage?

I was hit by a car while riding my bicycle in Gainesville, Florida. I don't own a vehicle, so I don't have vehicle insurance. The driver who hit me doesn't have bodily injury coverage on his policy. I want to file a lawsuit to get compensation for my medical bills and ongoing... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 6, 2025

Personal injury lawyers won't take your case because they work on contingency, and without insurance there's no guarantee they will be paid. Personal injury cases can be complicated and there's a lot of work that goes into them, so PI attorneys aren't going to take cases where... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Florida on
Q: How can I get compensation for bicycle accident injuries without the driver's insurance coverage?

I was hit by a car while riding my bicycle in Gainesville, Florida. I don't own a vehicle, so I don't have vehicle insurance. The driver who hit me doesn't have bodily injury coverage on his policy. I want to file a lawsuit to get compensation for my medical bills and ongoing... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 6, 2025

Even if the driver who struck you had no bodily liability coverage, and you have no auto insurance, that driver's PIP (personal injury protection) should cover your medical bills, probably up to about $10,000. PIP gets paid directly to your medical providers. It's something that... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Florida on
Q: How can I get compensation for bicycle accident injuries without the driver's insurance coverage?

I was hit by a car while riding my bicycle in Gainesville, Florida. I don't own a vehicle, so I don't have vehicle insurance. The driver who hit me doesn't have bodily injury coverage on his policy. I want to file a lawsuit to get compensation for my medical bills and ongoing... View More

Tim Akpinar
Tim Akpinar
answered on Mar 10, 2025

I'm sorry about your accident. The only thing I'd add to the valuable guidance of my colleagues is that you may still want to consider reaching out to other attorneys. From your post, it appears you spoke with one attorney who declined your matter. You mention major pain; you do not... View More

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2 Answers | Asked in Small Claims, Personal Injury and Real Estate Law for Florida on
Q: Where to file for damages from hotel incident: MS resident, incident in FL?

I'm a Mississippi resident who experienced an incident at a Hilton hotel in Miami, FL. The sprinkler system in our room unexpectedly activated, releasing murky black water that damaged over $15,000 worth of belongings, including clothes, electronics, and personal items. We captured footage and... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 3, 2025

The location for a lawsuit would be Miami, but best to start with a presuit claim to the hotel's insurer. You may or may not need a lawyer to handle that. Request the insurance co. contact info. If a presuit claim cannot be settled, you would likely need a lawyer because if you sue for any... View More

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2 Answers | Asked in Personal Injury, Real Estate Law, Landlord - Tenant and Insurance Defense for Florida on
Q: Liability for slip and fall in iced over rented commercial property in FL.

My friend slipped and fell in the parking lot of my rented commercial property in Florida, which was iced over and had no warning signs. She requires surgery but did not notify the property owners because she said she has insurance and will be fine. I am required to maintain insurance for in and... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2025

If there's FAULT on your part, liability could potentially lie with both you [your business] and the landlord. Whether there's any potential court-finding of fault is an issue that would take a close examination of the facts and circumstances.

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3 Answers | Asked in Contracts, Civil Litigation and Personal Injury for Florida on
Q: Can I recover $77,000 given to son and daughter-in-law without an agreement?

I live with my son and daughter-in-law, and before moving in, they asked me for $50,000. I also paid an additional $27,000 for remodeling a suite. I was not thinking clearly due to illness at the time, and there was no agreement in place regarding repayment. Since September 2022, the situation has... View More

Erik A. Perez
Erik A. Perez
answered on Feb 27, 2025

You may be able to assert a claim for what is known as "unjust enrichment." Depending on the specifics of circumstances and what lead to you giving them the money, there may be other claims as well. Often times, in these situations, the other party is not going to simply pay. You will... View More

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3 Answers | Asked in Contracts, Civil Litigation and Personal Injury for Florida on
Q: Can I recover $77,000 given to son and daughter-in-law without an agreement?

I live with my son and daughter-in-law, and before moving in, they asked me for $50,000. I also paid an additional $27,000 for remodeling a suite. I was not thinking clearly due to illness at the time, and there was no agreement in place regarding repayment. Since September 2022, the situation has... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2025

That depends on various factors, including mutual intent and expectations of the parties at the time the payments were made, whether expectations were fully or partially met, and benefits/detriments to the parties. In your situation, you cannot obtain reliable legal advice by only asking questions... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Florida on
Q: Can I sue a company for leaving a trailer illegally parked, causing a car accident in Florida?

I was involved in an accident in Florida where a paving company left their dovetail trailer illegally parked in an active turning lane, detached from the truck. There were no signs or cones to warn drivers, leading to a collision that totaled my car and left me hospitalized with severe neck and... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 26, 2025

Definitely, assuming the facts establish that party's fault. This type of claim generally starts with a presuit insurance claim (to the other party's insurer), and if not amicably resolved, then a lawsuit gets filed. Also, liability may lie with more than one entity. For example, if... View More

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