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Florida Personal Injury Questions & Answers
2 Answers | Asked in Contracts, Employment Law and Personal Injury for Florida on
Q: How can I handle non-payment for HVAC replacement by a solar company in Florida?

I entered into a contract with a solar company that included replacing the HVAC system along with the roof and installing solar panels on my house. While the roof and solar panels have been completed, I am still waiting for the funds to replace the HVAC system through my preferred company, as they... View More

Erik A. Perez
Erik A. Perez
answered on Jun 3, 2025

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

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4 Answers | Asked in Workers' Compensation and Personal Injury for Florida on
Q: Inadequate settlement for injury from airplane tire at husband's work.

My husband is about to sign a settlement for an injury claim after being hit by an airplane tire at work. He nearly died from a blood clot a month later and now has ongoing health issues, including medication costs, which aren't covered in the settlement. He's been pressured to agree to a... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 1, 2025

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...
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4 Answers | Asked in Workers' Compensation and Personal Injury for Florida on
Q: Inadequate settlement for injury from airplane tire at husband's work.

My husband is about to sign a settlement for an injury claim after being hit by an airplane tire at work. He nearly died from a blood clot a month later and now has ongoing health issues, including medication costs, which aren't covered in the settlement. He's been pressured to agree to a... View More

Emery Brett Ledger
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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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2 Answers | Asked in Real Estate Law, Estate Planning, Medical Malpractice and Personal Injury for Florida on
Q: Can medical creditors collect from the sale of homestead in Florida for spouse's medical debts?

I own my home in Florida as a tenant by entirety with my husband, and it is our primary residence with homestead protection. My husband is very sick and will incur large medical bills in the future. Given that our finances and bank accounts are separate, can medical creditors collect from the sale... View More

Maite L. Diaz
Maite L. Diaz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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9 Answers | Asked in Car Accidents, Business Law and Personal Injury for Florida on
Q: Can I pursue a business for compensation after being rear-ended by their vehicle?

I was rear-ended by a business vehicle where the company is at fault according to the accident report. I sustained injuries and had significant damage to my vehicle. I've been in contact with both the business and their insurance. Can I pursue compensation directly from the business, or do I... View More

Michael  Mayoral
Michael Mayoral
answered on May 29, 2025

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

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9 Answers | Asked in Car Accidents, Business Law and Personal Injury for Florida on
Q: Can I pursue a business for compensation after being rear-ended by their vehicle?

I was rear-ended by a business vehicle where the company is at fault according to the accident report. I sustained injuries and had significant damage to my vehicle. I've been in contact with both the business and their insurance. Can I pursue compensation directly from the business, or do I... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 29, 2025

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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9 Answers | Asked in Car Accidents, Business Law and Personal Injury for Florida on
Q: Can I pursue a business for compensation after being rear-ended by their vehicle?

I was rear-ended by a business vehicle where the company is at fault according to the accident report. I sustained injuries and had significant damage to my vehicle. I've been in contact with both the business and their insurance. Can I pursue compensation directly from the business, or do I... View More

Emery Brett Ledger
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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...
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3 Answers | Asked in Civil Rights, Civil Litigation, Libel & Slander and Personal Injury for Florida on
Q: Can a gas station legally ban me after I received a counterfeit bill from them and did nothing wrong?

I was given a counterfeit bill by a privately-owned gas station, which I then reported to the authorities. A month later, when I returned to the gas station, the clerk publicly yelled at me to leave the premises on the owner's instructions, despite my innocence in the counterfeit bill... View More

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

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

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4 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Florida on
Q: What are my options after a car accident settlement was overturned?

I was involved in a car accident where I was rear-ended by the Rodriguez party. Initially, there was a settlement, but it was later overturned, and I did not receive any compensation. What legal options do I have to pursue compensation now?

Stephen Arnold Black
Stephen Arnold Black
answered on May 25, 2025

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

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4 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Florida on
Q: What are my options after a car accident settlement was overturned?

I was involved in a car accident where I was rear-ended by the Rodriguez party. Initially, there was a settlement, but it was later overturned, and I did not receive any compensation. What legal options do I have to pursue compensation now?

Charles M.  Baron
Charles M. Baron
answered on May 25, 2025

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

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2 Answers | Asked in Criminal Law and Personal Injury for Florida on
Q: Police reviewing camera footage after roommate dispute involving removed broken glass near car tire.

I have been having issues with my roommate and, in a moment of poor judgment, placed broken glass near her car tire. I later removed the glass and disposed of it after realizing my mistake. My roommate saw me and called the police. The police came, and I told them I just dropped the glass while... View More

Charles M.  Baron
Charles M. Baron
answered on May 22, 2025

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

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2 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Do we have a case for medical negligence after misdiagnosis from ER?

I took my brother to the ER with a swollen, painful foot, and after waiting 3 hours, the doctor spent only about 30 seconds with him and didn't examine his foot. There was no diagnosis given at that time. After three different rounds of antibiotics from our primary care doctor, with no... View More

Charles M.  Baron
Charles M. Baron
answered on May 20, 2025

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

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3 Answers | Asked in Personal Injury, Contracts and Legal Malpractice for Florida on
Q: Clarification on personal injury settlement check timeline

I signed my personal injury settlement release on April 17, 2025, and was initially informed by my attorney via text message that the check would be sent within 20 days. Upon following up with my attorney for an update, I was then informed that they actually have 20 business days to respond, which... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 16, 2025

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

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2 Answers | Asked in Car Accidents, Child Support, Civil Litigation, Personal Injury and Family Law for Florida on
Q: Can child support be taken from car accident lawsuit winnings in Florida?

I was involved in a car accident and am currently in a lawsuit related to it. I'm concerned about whether my lawsuit winnings can be used to cover my child support payments, as I have been ordered to pay child support but am behind on payments. Can my child support obligations affect the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 14, 2025

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

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2 Answers | Asked in Libel & Slander, Civil Rights and Personal Injury for Florida on
Q: Can I sue a sheriff for defamation if he called me a "waste of life" on TV and social media?

In 2023, a sheriff called me a "waste of life" on live television and on social media. These statements were related to my arrest, where I was held for two years before winning at trial despite lacking probable cause or evidence. This defamation led to the loss of my job, kids, and... View More

Charles M.  Baron
Charles M. Baron
answered on May 13, 2025

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

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4 Answers | Asked in Civil Rights, Libel & Slander and Personal Injury for Florida on
Q: What legal options do I have after receiving homophobic text messages?

I received a homophobic comment in a text message from someone I met yesterday. This person works at a law firm. I have evidence of the text message. I'm considering what actions I can take regarding this situation. What legal options do I have?

Charles M.  Baron
Charles M. Baron
answered on May 9, 2025

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

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4 Answers | Asked in Civil Rights, Libel & Slander and Personal Injury for Florida on
Q: What legal options do I have after receiving homophobic text messages?

I received a homophobic comment in a text message from someone I met yesterday. This person works at a law firm. I have evidence of the text message. I'm considering what actions I can take regarding this situation. What legal options do I have?

Stephen Arnold Black
Stephen Arnold Black
answered on May 9, 2025

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

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3 Answers | Asked in Admiralty / Maritime, Family Law, Personal Injury and Wrongful Death for Florida on
Q: Liability concerns for child's cruise travel permission.

I want to sign permission for my 13-year-old son to travel with his father, whom he lives with full-time, and his father's family on a cruise to Bermuda. I have visitation rights with my son, and the cruise company requires both parents' signatures for consent. Will I be held liable if my... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2025

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

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2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Personal Injury for Florida on
Q: What can I do after losing a civil slip and fall appeal without a trial in Florida?

In my civil slip and fall case, the appeal was affirmed and I lost without ever having a trial. I'm looking for specific guidance on what options I have next in terms of legal actions or pursuing compensation. Could you advise on possible errors in the appeal process and whether seeking a... View More

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

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

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2 Answers | Asked in Car Accidents, Wrongful Death, Civil Rights and Personal Injury for Florida on
Q: Seeking justice for wrongful death due to police department negligence with DUI laws.

My 22-year-old stepdaughter died in a car crash in Central Florida last April. She had previously been involved in a DUI incident, where she refused a breathalyzer, but was released on her own recognizance without immediate license suspension. Despite this, she was able to legally buy and register... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 5, 2025

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.

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