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Florida Personal Injury Questions & Answers
5 Answers | Asked in Personal Injury for Florida on
Q: My neighbors dog got out from across the street came across and took a chunk out of my arm. Can I do anything?

They have no insurance

Mitchell Feldman
Mitchell Feldman answered on Feb 11, 2020

Yes. The owner is liable as an act of negligence, and if they have homeowners insurance may cover the dog owner for the claim. Not sure of extent of injury. If no medical treatment needed then may not be of much value. Certainly if stitches or more serious injury and medical expenses incurred... Read more »

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2 Answers | Asked in Personal Injury and Health Care Law for Florida on
Q: my case started june 11, 2018, i was dismissed on june 23, 2018 for something i dont really know. i have the disc/

i had an extreme slip and fall at the bflo airport; had every single page of whats needed by SIMON AND SIMON; because i live in florida; they kept me hanging for 11 months and i thought we were ready to finish; my gosh the poking and prodding and testing, mris, physical therapy which made things... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 27, 2020

You are writing from Fla., and therefore being seen by Fla. attorney looking out for Fla. cases. However, since the accident happened in New York, you need a New York firm to handle it. Is that where Simon & Simon is? If not located there, the firm you signed up with would have had to co-counsel... Read more »

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2 Answers | Asked in Personal Injury for Florida on
Q: Auto ins co says accident claim may exceed our limit.We rent- have auto loans - no assets. Other party likely to sue us?
Scott J. Jontiff
Scott J. Jontiff answered on Jan 23, 2020

There are several considerations for the attorneys who represent the injured person(s). Among those considerations, they will determine if the person who was driving the car also owned the car; or, did another person or entity own the car. If the at-fault driver is also the owner, only that... Read more »

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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Florida on
Q: Can my civil lawyer sue family members of the person who caused my daughters death? Like tale their assets.

No insurance on either vehicle , multiple people involved (driver of car no license and under the influence driving another person's car no insurance. ) (driver of motorcycle my daughter was a passenger on driving a friends motorcycle no insurance or endorsement for either driver)and owner of bike... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 9, 2020

Why are you asking this question if you currently have a lawyer? Are you doubting something that your lawyer told you, and if so, why? If a family member of a driver owned the vehicle being negligently driven, that family member could be held liable. If found liable with a money judgment... Read more »

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: I had a dentist office make my crown wrong, lost the foot print of my mouth and now I bite the inside of my cheek.

Been back numerous times still not right. I believe because of two technicians actions it was done deliberately. Can I sue for discrimination and the fact that I have to live with this malfunctioning mouth?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2020

You can not, according to what you have indicated, for discrimination. Perhaps you could sue for negligence or, if what you say is correct, intentional tort.

1 Answer | Asked in Personal Injury for Florida on
Q: My 6 year old was pulled out of a bathroom by his teacher slamming his head against the wall. Do I have a case?

He was injured but does complain of headaches and I was never notified y teachers. He was allowed to go to the office and get ice but no one ever informed me that this happened

Tim Akpinar
Tim Akpinar answered on Jan 7, 2020

One of the experienced Florida injury attorneys here could answer you best, but I wanted to bring something to your attention, as your question is open for nearly a week. As a general matter in many jurisdictions, public schools, municipalities, public transportation carriers, etc. are often... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: In Florida can you have a judge determine before trial if a defendant is in fact liable for my injuries?

Case is filed in Pasco County but my attorney bailed (no resources to continue to trial) Defense says their insured my former HOA is not responsible for a dangerously defective causing my serious personal injuries.

I will give up on claim if a Judge tells me there is no liability on... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 7, 2020

Yes, in Florida, you can have a judge determine before trial that a defendant is liable for your injuries, but only on a plaintiff's motion for summary judgment, which is rarely granted. If it is granted, you would then have a trial on the issue of damages only. If it's not granted, you go to... Read more »

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3 Answers | Asked in Personal Injury for Florida on
Q: I was at a retail chain grabbing a couple items and fell on a wet floor with no sign

Normally I would blame myself as I've never sued anyone in my life, but a few things urked me. The store is always a cluster. Boxes in isles, metal storage carts everywhere, merchandise on ground etc. They appear to keep these metal storage Carts outside and it recently rained. The storage... Read more »

Gregg M. Hollander
Gregg M. Hollander answered on Dec 30, 2019

You may very well have a case. However, Florida law is not always favorable to victims of a slip and fall incident. In Florida, if a person slips and falls in a business establishment, the injured person must prove that the business establishment knew or should have known of the dangerous... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I was sent an affidavit for a car accident that was already decided the other party’s fault. What’s happens If signed?

I had a car accident which both insurance companies put 100% fault in the other party but the dude is still trying to sue over a fake injury he got. His lawyer sent my insurance company an affidavit and they tell me I can either sign it or choose not to. Would signing it be the same as me saying... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 19, 2019

Your inquiry is impossible to respond to without knowing the affidavit statement(s) that you are being requested to agree with.

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2 Answers | Asked in Personal Injury for Florida on
Q: My 11 years is punch on the head and grab by the neck a 14 years old teenager. Can we sue them.

The teenager family just moved in to the neighborhood 2 months renting the house. My son walking home from the bus stop. This 14 years teenager grab him on the neck and punch him. My son is only 11 years. Is there any possible we can sue them.

Charles M.  Baron
Charles M. Baron answered on Dec 17, 2019

Yes you can, but whether it would be worthwhile for an attorney to take your case is another issue that depends on various factors. If your son needed no medical treatment, most or all attorneys will not be interested. Contact a personal injury attorney in your area.

Also, if there is...
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1 Answer | Asked in Animal / Dog Law, Personal Injury and Wrongful Death for Florida on
Q: What can i do about my dog being put to sleep without my consent?

I ask my family members in Kissimmee, Florida to see if they can watch over my dog while i completed my tour in Korea. I gave them my dog September 2018 and is being over 1 yr. Apparently my dog was playing with their little yorkie and my dog she is american bulldog. So while fighting over a toy... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 25, 2019

Regarding the issue of pressing a criminal charge (such as destruction of personal property), that is a question for the local law enforcement authorities. Regarding the issue of seeking money damages from the shelter and/or from family member(s), you do have potential claims there, though... Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: Can a 19 year old female spend the night at her 16 almost 17 year old boyfriends house with his parents permission

I’m a 19 year old female dating a 16 year old male who will be 17 this month, which is November. We started dating before I turned 18 so we have been together almost 2 years. I’m wondering if I’m allowed to spend the night at his house legally with his parents permission? Because his parent... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 7, 2019

Spending the night at his house is one thing; having sex with him is quite another. The former is ok; the latter may be a problem. But there is a close-in-age exception which probably applies anyway: https://en.wikipedia.org/wiki/Ages_of_consent_in_the_United_States#Florida

2 Answers | Asked in Employment Law and Personal Injury for Florida on
Q: My brother had a gunsafe fall on him at sams club. Can he sue? He works there in florida

He's in hospital with 2 broken vertebrae, Broken foot and face bone.

Daniel Marc Berman
Daniel Marc Berman answered on Oct 30, 2019

He may have a case against Sam's Club. More facts would be needed.

Have him call our office for a free consultation. 954 764-6099

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1 Answer | Asked in Personal Injury for Florida on
Q: I was recently attacked by 2-3 people causing black eye, bruises, scrapes, bruises rib, n a cracked windshield. It start

Last Tuesday @April house 2 visit when her 13 year old son punched me in the arm. My fiance hit his arm back. April approached my fiance asking y he did that n 2 tell her next time. 2 days later at April', her son walked up 2 me n I tapped his stomach saying "that's 4 other night n my arm". April... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2019

A civil case against the people who attacked you? Perhaps.

From what you have indicated (Using a cell phone perhaps; It is very hard to read?), it appears you have a valid defense to any criminal charges. You don't indicate that you assaulted anyone, including the 13 year-old boy, however...
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1 Answer | Asked in Personal Injury for Florida on
Q: I need straight up attorney on mold issues.

I need legal help now.

Tim Akpinar
Tim Akpinar answered on Oct 25, 2019

You're going to have to conduct searches, either through this site or on your own. It's a narrower field than typical personal injury cases; in addition to general personal injury attorneys (many of whom do not handle such cases), you could look into toxic tort attorneys. They deal with exposure to... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: doctor in Orlando florida I was refered to by my doctor in NYC his office refusse to give me appointment to see him

they claim because I have medicare and medicaid attached to it the cant see me I tried to explain to them they dont need to bill medicaid that medicare covers 100 present of my medical since I'm on a special needs plan they would not hear it then insisted I needed a Florida insurance I called... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 22, 2019

They won't accept your insurance. They won't accept cash. You might be better off asking your doctor for a different referral. You could delve further into the insurance coverage, reviewing the guidelines and determining your rights. It's a personal decision in how determined you wish to be in the... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Florida on
Q: Can you recommend how to start a moving business in Fl, the first steps to be legal ? I I plan on moving seniors to AL

I have a current llc and can do this as a dba

Tim Akpinar
Tim Akpinar answered on Oct 22, 2019

You might be better off reposting in the Business Formation & Business Law categories. Personal injury is for accident-injury cases and Products Liability is for people who have been injured by dangerous/defective products. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Real Estate Law, Personal Injury and Landlord - Tenant for Florida on
Q: If my girlfriend and I are both on the lease and in an eviction lawsuit and she moved out completely, what can I do

My girlfriend and I split up and she moved out of the condo we rent, in the middle of an eviction lawsuit with our landlord. They are trying to evict us because I found mold inside while doing repair work like painting and patching holes and i have MULTIPLE health issues due to mold exposure and I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 18, 2019

This wonderful free legal advice forum was not created for--nor intended to be--a place where people who have already hired lawyers to represent them can ask questions about their case that should be directed to their lawyers.

3 Answers | Asked in Personal Injury for Florida on
Q: hi.my name is Fernando and I have aquestion about statue of limitions.In 2017 I was at a restaurant/bar down stairs .out

out side having a appetizer and a beer when a 35 lbs fan fell on the side on my head knoking me and my friend to the ground.i felt dizzie but not to bad.we left the next day I went to thehospital with a massive head ache.they did tests and said they didn't find anything.time went by and now I get... Read more »

Spencer Aronfeld, Esq.
Spencer Aronfeld, Esq. answered on Sep 14, 2019

Not sure where this happened. If it happened in Florida you’re still within the four year statute of limitations.

Happy to discuss with you in more detail: 305-441-0440.

Thank you for your question.

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3 Answers | Asked in Personal Injury and Products Liability for Florida on
Q: I don’t know if I have anything here. But thought I would ask. Better to ask then always wonder and wish I'd of asked.

My child was diagnosed with pneumonia 9/9/19. The prescription of Azithromycin was filled at a CVS pharmacy. I gave her a dose Monday and Tuesday. When I went to give her a dose today I noticed the expiration date was 5/19. I had been giving my 6 year old child an expired drug for 2 days. How... Read more »

Spencer Aronfeld, Esq.
Spencer Aronfeld, Esq. answered on Sep 11, 2019

Horrible. I don’t know where you are but if you’re in Florida you can report them to the Department of Health.

If you child had become ill because of the expired drug you might have a case against CVS.

Thank you for your question.

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