As it relates to depression and anxiety and any non-economic damages, Florida generally does not allow recovery of those damages under these sort of circumstances in the way you have described them. Nevertheless, you may sue them for breach of contract and other causes of action to obtain the money... View More

If an injury occurs at work, the victim may have both a workers’ comp claim and a third-party claim against another responsible party (excluding the employer).

If the settlement involves a third-party claim, it is unwise to proceed without an attorney reviewing the document. Once... View More

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answered on Jun 1, 2025

Thank you so much for reaching out—and I’m really sorry to hear what your husband has been through. It sounds like he’s endured a traumatic and life-altering injury, and your concern is completely valid, especially with the pressure to settle for what may be far less than he deserves.... View More

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answered on May 30, 2025

Under Florida law, your homestead property is generally protected from forced sale by creditors. This protection typically extends to debts of a deceased spouse as well, especially when the property is owned as tenants by the entirety (TBE). TBE ownership not only shields the property from... View More

Generally speaking, the at-fault party is going to be the driver and/or the business, depending on the specific circumstances. If the driver was working at the time, the business is likely responsible for their actions under what’s called vicarious liability. That business may have insurance that... View More

Since the company’s vehicle was at fault according to the accident report, you have options for compensation. Typically, claims go through their insurance, but in some cases, direct legal action against the business is appropriate. Liability and coverage can be complex, so understanding your... View More

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answered on May 29, 2025

Thanks for reaching out — I know traffic tickets can feel overwhelming, especially when you're trying to avoid anything hitting your driving record. The good news is, there are a few ways you might be able to resolve this without it showing up as a conviction in Texas.

Here’s what... View More

What they're doing is immoral, but probably not unlawful. A private business can refuse to serve anyone for any reason or nor reason, unless that refusal to violates laws prohibiting discrimination (such as discrimination based on race, sex, age, religion, national origin, disability, etc.).... View More

A car accident settlement being overturned usually means new evidence surfaced, a legal challenge was filed, or an insurance company reassessed the claim. Fraud or misrepresentation could also invalidate the agreement, and sometimes a judge intervenes if the terms don’t meet legal standards. If... View More

The answer to your question depends on what happened with your case after the settlement was nixed AND on whether you were already in litigation (pending lawsuit) at that time, as opposed to being only in the presuit demand stage. If you were already in litigation, there would be three potential... View More

Lying to the police was another moment of poor judgment. You have the right to remain silent (other than identify yourself) when questioned by police about anything that could potentially lead to a criminal charge. You now may potentially be arrested (or be given a notice to appear in court) and... View More

Whether any medical professional fell below the professional standards of care (that is, committed malpractice) is an issue that must first be reviewed by a physician in collaboration with a medical malpractice attorney, upon obtaining the medical records. Your brother's first step is to pick... View More

Once a case settles, an insurance company typically has 30 days to issue a check to the plaintiffs counsel, but in this case, they are delivering it earlier. However, if there are medical liens or bills that must be negotiated and paid from the settlement proceeds, the process can take much longer... View More

Your settlement payment does not flow through the Child Support Depository in your county or in Tallahassee. Nowif there is any sort of lien on the settlement proceeds placed by the State or the other party, then yes, that lien would have to be satisfied before your settlement could be disbursed to... View More

You may have a potential viable claim against the Sheriff if you file suit within two years of the date of the defamatory communication. The statute of limitations period for defamation is two years. Another issue to look into is whether the TV station(s) might have liability, though that is... View More

Unwanted text messages of any kind constitute cyberstalking IF you make it clear that the messages are unwanted. Therefore, make a writing (either on your own or through an attorney) that demands the person to stop sending texts (or, if you desire, to stop communicating with you by any means) and... View More

This could be considered an extreme and outrageous act sufficient to expose the sender to a cause of action for intentional infliction of emotional distress. However, I doubt that any attorney would be interested in taking the case because there’s no physical injury. You could sue him in small... View More

If your son embarks on the cruise, I hope that he enjoys a safe and enjoyable trip with the family. From the standpoint of maritime law and cruise ship protocols, you or the child's father could be presented with certain waivers of liability to sign, depending on the cruise line. These could... View More

There is no trial in an appeal. An appeal is not a second trial or a chance to introduce evidence. Unless your case presents novel theories under Florida law, it's a slim bet that the Florida Supreme Court would take your case. The only way for you to know is to retain an appellate attorney.... View More

In Florida, a stepfather may not automatically qualify to sue for wrongful death unless he was legally recognized as the child's parent or financially dependent on her. The claim must be filed by the personal representative of the deceased's estate on behalf of eligible survivors.