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Florida Personal Injury Questions & Answers
1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Florida on
Q: Can I sue an EMT for terrible treatment, slander that could have put my life and health in jeopardy

Blatant disregard For my safety, accusing me of lying about an emergency, take me to the hospital that I verbally told not to take me there, and he also told the hospital staff that I was faking, yelled at me when he got to my house, enforce me to walk 30 or more feet to him while in agonizing... Read more »

Erik Andrew Perez
Erik Andrew Perez answered on Jan 21, 2021

This is a very interesting question. It is important to note that anyone can file a lawsuit in Florida for almost any reason. However, the critical question you may want answered is will you prevail on a negligence claim against the EMT. It appears that the answer will depend in part on whether you... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Can a personal injury case be filed in Florida if a case was already settled but only PIP from both ins was received?

The responsible party’s PIP was received, my PIP was fought for (only to be finally given the full amount due to a surgery being deemed necessary), but then my case was settled by my attorney. No further compensation was fought for or received. I had to have more surgeries after that and... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 12, 2021

You inquiry is a bit vague regarding the phrase "settled by my attorney". If you mean settled your entire case including completely releasing the wrongdoer from liability, and you signed off on that, then you're done. If you mean settled the PIP issue ONLY, then you can still make... Read more »

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1 Answer | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for Florida on
Q: How do you check to see if your attorney put a lien against you or if they are just trying to scare you.
Tim Akpinar
Tim Akpinar answered on Dec 21, 2020

A South Carolina, or Florida attorney (two geographic regions are listed in your post) could advise best, but your post remains open for two weeks. As a general matter, the insurance carrier or the incoming attorney (if there is one) might have been placed on notice of a lien. Good luck

Tim...
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2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: FL-I fired a lawyer. I was not happy with the lawyer do I have to pay the lawyer a percentage of a ending settlement

The lawyer put a lien on me but they want to have their name added to the settlement and the insurance company is telling me that they have to put the lawyer's name on it. Even if the lawyer did not help with the ending settlement amount.

Tim Akpinar
Tim Akpinar answered on Dec 20, 2020

A Florida attorney could answer best, but your post remains open for two weeks. As a GENERAL matter, an attorney can assert a lien against the award in a personal injury check for their services and out-of-pocket disbursements. However, each state can handle the issue differently, governed by case... Read more »

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: Personal injury

Formal letter sent to adjustor 30 days ago, she has not provided information requested.

If a lawyer filed suit, and the insurer lawyer is not able to present the insured. Would a default judgement occur? And would the insurer be responsible because they didnt respond to the letter? Within... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Dec 20, 2020

So keep in mind that many lawyers in the state of Florida do not file lawsuit. Lawsuits require real work and deadlines and confrontation with opposing counsel, and spending money out of pocket to fight the case in court. Most lawyers choose to just try to attempt to settle the case with the... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Someone is trying to sue me and they hit me, and I need representation soon! The accident happened months ago.

I got word about the lawsuit months ago when they requested my phine records and heard nothing else until recently. Can someone please help?

Timothy Rowe
Timothy Rowe answered on Dec 15, 2020

If you have automobile insurance on the vehicle you were driving at the time of the accident and had liability coverage, the insurance company has a duty to defend the case and provide you legal representation. Contact your insurance company immediately. If you do not have insurance, you may want... Read more »

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1 Answer | Asked in Personal Injury for Florida on
Q: Interpretation of a Court's order

I just received the following court's order: "having come before this court upon a docket review, the civil hearing currently set is hereby canceled". (the hearing was scheduled for a Motion to Set Aside the Judge's Judgment. Does that mean the case is close?

Charles M.  Baron
Charles M. Baron answered on Dec 6, 2020

If the judgment entered was a Final Judgment, the case was likely ALREADY closed before the motion to set aside the judgment was filed. When a Final Judgment is filed, the Court usually simultaneously orders the closing of the case. The Court nevertheless can subsequently entertain a motion to... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: My five year old threw a McDonald's rubik's at her 11 year old sister and it split her eye brow, can I sue them
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 6, 2020

No, you couldn't sue them successfully. The proximate cause of the injury was the act of the five year old, not any negligence on the part of McDonald's.

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2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: Can an inmate sue for a Corrections Officer's deliberate indifference?

Early in the morning while inmates were asleep, one inmate took a broom and broke it over the face of a sleeping inmate. Then took the broken end of the broom and hit another inmate sleeping in the next bunk across the head. As other inmates close to the area woke up, the offender paced back and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 2, 2020

Perhaps. But all these internal disputes between inmates are very difficult to prove because each inmate's stories keep changing all the time.

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1 Answer | Asked in Health Care Law, Personal Injury and Products Liability for Florida on
Q: I have lupus disease wth havin lupus you cannot be exposed to uv lights it makes a flare cme on and put my health risk
Tim Akpinar
Tim Akpinar answered on Nov 15, 2020

A Florida attorney could advise best, but your question remains open for two weeks. It could be helpful to have additional information here. If being subjected to UV light is something arising in the course of your employment, this could be more an employment law matter than a personal injury... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: If I was involved in an accident that only I was in no one else was involved, I had full coverage, what can I do about

Getting medical attention for my broken knee and back and neck pain? The doctors tell me to contact an attorney before they can treat me due to the extent of injuries they were aware of me being the only one involved and i believe i have 25000in pip but im still dealing with a broken knee and no... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 10, 2020

Did they explain why they told you to contact an attorney? Could they be confused and think you were the victim of another, at-fault driver? Your insurance company's PIP would cover up to the first $10,000 in bills (minus any deductible), then your health insurance, if any, would cover the... Read more »

2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Domestic Violence for Florida on
Q: Should medical treatment of someone rolling a car over another's foot be covered by car insurance or personal insurance?

This is a continuation of a prior question ("Can son press charges on ex-girlfriend who ran over his foot and drove off in his car?").

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 9, 2020

I am sorry to inform you that there may never be an answer to this dilemma because the dispute involved two different kinds of insurance companies--neither of which will ever accept the claim.

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1 Answer | Asked in Employment Law and Personal Injury for Florida on
Q: i’m a cutter for a factory the fabric I cut is fiberglass I’m having sinus issues and issues with my hands

Per our company handbook it specifies that they agreed to provide the tools necessary to perform the task of our jobs they are refusing to do so

Tim Akpinar
Tim Akpinar answered on Nov 3, 2020

A Florida attorney could advise best, but your post remains open for a week. This sounds more like a workers' comp matter than a personal injury matter - it appears to have a connection to the course of your employment. You could reach out to a WC attorney to discuss. Many WC attorneys offer... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: Can someone sue me for a car accident after it was dismissed with prejudice?

In 2014 I was in an at fault car accident. It was later resolved with a dismissal with prejudice. I just found out my license is suspended and when I called they told me I had a lawsuit against me for the accident. I looked up the florida court records and they had opened a new lawsuit against me... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 20, 2020

If the second suit is for the same incident and same claimed damages, a motion to vacate the judgment in the second suit should be filed and set for hearing before the judge currently assigned to that case number. You must compare the complaint filed in the first suit to the one filed in the... Read more »

1 Answer | Asked in Personal Injury and Municipal Law for Florida on
Q: Why can't the police unions be sued if they interfere with the discharging or hiring of officers with procedural violati
Charles M.  Baron
Charles M. Baron answered on Oct 15, 2020

Your inquiry is too vague as to the "interference" you are referring to.

1 Answer | Asked in Personal Injury for Florida on
Q: Does an injury lawsuit close if the accuser dies, not from injury. Or does a settlement go to the next of kin
Tim Akpinar
Tim Akpinar answered on Sep 20, 2020

A Florida attorney could advise best, but your question remains open for two weeks. As a GENERAL MATTER in many jurisdictions, the settlement award goes to the estate if the plaintiff dies. Going to next of kin could depend on the existence of a will or other arrangements - that's something a... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Florida on
Q: how can i change my workmans comp lawyer without cost

I feel my lawyers is not doing enough to help me on my case as result my injuries are not getting better they are getting worse

Mitchell Feldman
Mitchell Feldman answered on Sep 20, 2020

You can Ask them if they will waive their fee lien. But if they incurred advanced costs on your behalf they should be reimbursed upon a settlement, but again they can waive it too.

All you can do is ask

3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: When suing a surgeon for medical battery, do I name him or name of his practice as the dependent of the case?
Charles M.  Baron
Charles M. Baron answered on Sep 8, 2020

I assume you mean "defendant", not dependent. There is no cause of action (ground for lawsuit) called "medical battery". If you were the victim of a battery (an intentional act), you would sue for battery - and you may or may not have a separate cause of action for negligence... Read more »

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1 Answer | Asked in Personal Injury for Florida on
Q: husband injured in fall on stairway in his sisters house (broke arm) Can she be sued without his consent or knowledge?
Michael S. Foster
Michael S. Foster answered on Aug 12, 2020

Usually the only way to sue is with his consent unless he has a guardian ad litem or some person appointed by the court to act in his best interests if he is not in a good mental state. You can learn more at www.fosterwallace.com

1 Answer | Asked in Personal Injury, Civil Rights, Entertainment / Sports and Municipal Law for Florida on
Q: My son fell out of a tree and was seriously hurt at a park in Lake Worth Fl. Can the park be held accountable?

Broken L4 & L5, broken Rt Hip with surgery, shattered pelvic bone with Pelvic Ring insertion surgery

Charles M.  Baron
Charles M. Baron answered on Aug 6, 2020

So sorry to hear about your son's injuries. The local government that owns the park could be liable depending on all the facts and circumstances. The issue is, what did the park or government staff do WRONG; how is it their fault? If you are asking if they are AUTOMATICALLY liable for any... Read more »

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