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Florida Personal Injury Questions & Answers
2 Answers | Asked in Contracts, Government Contracts, Personal Injury and Workers' Compensation for Florida on
Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Sep 10, 2021

There are not enough important details in your question to be able to get give you a good answer. For example, who owned the garbage truck? Who was driving the garbage truck? Where did this happen? You may actually have both a personal injury claim and a workers compensation claim. You should... Read more »

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2 Answers | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Education Law for Florida on
Q: Can a university evict someone without compensation or notice for testing positive for COVID-19?

My vaccinated friend caught COVID-19, spread from an unvaccinated student, his next-door dorm neighbor. They have isolation dorms specifically to quarantine people and promised reservations for those who were vaccinated. The rooms are all full because they gave them to anyone who got sick instead... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2021

Your friend's rights largely depend on the terms and conditions agreed to when signing up to reside in the dorm. He therefore must schedule a consultation with an attorney and present all relevant writings for review. He can click on the Justia "Find a Lawyer" tab up top or contact... Read more »

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1 Answer | Asked in Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: Injured on the job

I got injured on the job. Do I have to accept worker’s compensation or can I file a lawsuit?

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Sep 8, 2021

In most instances your employer will have worker compensation immunity from law suit. However, there are certain but rare circumstance where you may be able to file a lawsuit against your employer. In some circumstances, you may be able to pursue both a worker compensation claim and a lawsuit... Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: In a law suit a claim against a persons home insurance is giving a deposition considered going to trial?

They way im understanding that is not considered going to trial its pre trial !!??

Graham Scofield
Graham Scofield answered on Sep 7, 2021

Depositions are different than trial testimony. Depositions are typically held in a law office and the judge isn't present. You (the deponent) are present, as well as your lawyer, the lawyer taking your deposition and the court reporter. Even though you're not testifying in a courtroom,... Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: In a law suit a claim against a persons home insurance is giving a deposition considered going to trial?

They way im understanding that is not considered going to trial it pre trial? Wondering why i can not get a answer? This is supposedly a free ask a question get a answer site is it or is it not ?

Charles M.  Baron
Charles M. Baron answered on Sep 6, 2021

A deposition is an interview of a witness under oath, taken in cases for various reasons, primarily for the deposition-taker (the party who is asking the questions) to prepare for trial, and in many cases, to use in support of a summary judgment motion, which requests the court to toss out the... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: Hello, I was in a slip and fall accident where I rent. I have gone to the Dr's, and they did xrays

They determined that I had a right knee contusion

And that I can't work , ( I do hair, and doordash/instacart )

I have to follow up with an orthopedic surgeon on Tuesday, this is the third time I have fallen due to really messed up conditions with faulty steps with no lights ,... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Sep 4, 2021

You may have a case. Retain counsel here in Florida on contingency fee, which means you pay nothing unless you win the case. Your case will turn on what evidence you have that the property manager was at fault for this accident (ie lack of lighting, faulty steps, etc) and also the severity of your... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: My son was removed from his home and the two deputies injured him in the process. Internal affairs is involved.

They now want him to sign a medical release. Should he sign the release?.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 3, 2021

The only reason for him to sign a release is if they pay him all the compensation to which he thinks he is entitled.

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1 Answer | Asked in Consumer Law, Personal Injury, Landlord - Tenant and Small Claims for Florida on
Q: Please read below, thank you in advance

I need a consultation regarding my landlord that I've been renting a room for about 2 months. I've been unable to stay this entire month because she filed false allegations against me that caused an injunction. I've read that filing false allegations are criminal and I intend to sue... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2021

I am certain that there are many experienced lawyers who will litigate a small claims case against your obnoxious landlord; however, not for free. Why?

(1) Because the amount of money involved is way too small; and

(2) because they cannot collect their fees from the landlord;...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Can the ER ask someone with a high fever to sit in a car with no air conditioning in a parking lot that is 100°f
Charles M.  Baron
Charles M. Baron answered on Aug 9, 2021

Can they ask you if you're willing to sit there? Sure. But did you mean "ask" or "require"? If you mean "required me to sit there for a while before they were willing to take me inside", it depends on the circumstances, including exactly what was communicated.... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Small Claims for Florida on
Q: I just swallowed a piece of plastic that was on my sandwich from Wendy’s, what can I do about that?

I showed the manager the plastic and she knew exactly where it came from.

Stephen Arnold Black
Stephen Arnold Black answered on Aug 5, 2021

OK so I have had several cases like this. If you see blood in your stool or if you pass blood, don’t be alarmed, because this usually goes away after a while with a very sharp object like glass or sharp plastic is adjusted. If you do pass blood, make sure you take a picture of it so that you can... Read more »

1 Answer | Asked in Libel & Slander, Personal Injury, Criminal Law and Real Estate Law for Florida on
Q: Being stalked, harassed, and emotionally abused in the state of LA with evidence, what is the timeframe for reparation?

A police report was filed, I still have evidence of electronic communication as well, and can most likely provide witnesses. The perpetrator was a real estate agent at the time and may have also used her resources in unethical ways to damage my reputation, stalk, and harass me for an extended... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 30, 2021

Most Florida attorneys know very little about Louisiana law. You should ask your question in Justia > Ask a Lawyer > Louisiana.

1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Florida on
Q: I finally got a court date for a small claims case. Would I be able to request to appear virtually? I'm the plaintiff.

I live in Atlanta. The case is in Orlando.

Charles M.  Baron
Charles M. Baron answered on Jul 26, 2021

You can certainly request it, but to find out whether the judge would consider it, call the judge's judicial assistant and ask him/her. You might be required to file a motion to make that request and to set your motion for a telephonic hearing. Or you might be told, "no, you filed suit... Read more »

1 Answer | Asked in Personal Injury and Small Claims for Florida on
Q: I'm pregnant and ate yogurt that was spoiled that I baught today what can I do
Charles M.  Baron
Charles M. Baron answered on Jul 20, 2021

You did not say if you got sick from the yogurt. If you did, and you went to the emergency room or an urgent care center, save the yogurt and promptly consult an attorney. If you did not get sick, your remedy is a refund from the store.

1 Answer | Asked in Personal Injury for Florida on
Q: am I required to fill the affidavit?

So I had an accident like 4 months ago, where I rear-ended a car but I managed to stop just in time to the point that there was no damage to either car but the lady wanted to call the police anyway. The police arrived and we get a driver to exchange of information, no fire rescue or ambulances were... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 9, 2021

No, not required to (if it's not requested via a court document). Whether it would be a good or bad idea to submit the financial affidavit depends on your unique circumstances and your defense strategy. The plaintiff's counsel is likely deciding whether or not to sue you (though suit... Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: How much must a board disclose?

My HOA board is intentionally not sending out e-mails about car accidents due to speed, parking lot and cars driving int mailboxes (we have 1099 homes and a 62 people who attended a board meeting were cryptically told)? They also collect data on how many cars travel 10MPH over the speed limit yet... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 8, 2021

A Florida attorney could advise best, but your question remains open for two weeks. There is no universal answer to your question. It could depend on the bylaws and rules. But as a general matter, you're not talking about a public agency dealing with highway safety data - HOAs can vary widely... Read more »

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got ran over by a garbage truck, got surgery months after.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2021

You want to contact a member of the Florida Justice Assn who handles malpractice cases in your county. They give free consults. However in some states the workers comp doctor is protected from malpractice claims!

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got surgery Very late. Incident happen on 12-11-19. Got surgery on 10-22-20.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 7, 2021

Of course, and you might prevail if you can prove negligence. Ask your worker comp. attorney for more information.

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Florida on
Q: If the state was the scene first, can the federal pick up the charge and not have immunity. The statue is 893.21

A female overdosed and my friend called 911 and she didn't die. Well he was arrested and the regular cops were the ones to arrest him but then the feds picked it up. He has been sitting in county jail for almost 2 years. The girl overdosed again several months ago and passed away. His lawyer... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 1, 2021

You should be in contact with your attorney(s) regarding this matter. If you are unable to speak to the attorneys or they refuse, it may well be time for you and your family to hire a new lawyer...

2 Answers | Asked in Personal Injury for Florida on
Q: The neighbors tree has branches over my property. During a storm the tree dropped a branch on my renters car.

It broke the windshield a couple of months ago. Now it dropped another branch. What are my legal rights?

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

First, consult your homeowners. It should be the responsibility of the neighbor but you dont want to be in a situation where your insurance says "you should have notified us."

Photos photos photos. Ideally with a good camera. Some cell phones are good others not.

Video...
Read more »

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2 Answers | Asked in Immigration Law and Personal Injury for Florida on
Q: Updated question to my original painter dogbite situation.

New update on my situation. So a worker I hired to paint my house got bit by my chihuahua shitzu mix dog is from Another country, doesn’t have a green card and is here on asylum. Would they still be able to file a lawsuit against me?

Charles M.  Baron
Charles M. Baron answered on Jun 16, 2021

Yes, if the person is an adult.

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