Lawyers, Answer Questions  & Get Points Log In
Florida Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation and Nursing Home Abuse for Florida on
Q: While in rehab facility my sister's pain medication was being stolen, bigwigs came in fired all the thieves. Case??

Trying to convince my sister she has a case. While she was in a rehab facility here in Jacksonville last month, after a 14 hour total spine fusion surgery, when the night staff came in to give her her pain medication they would only give her one pill, and she was supposed to be getting three. the... Read more »

Tim Akpinar
Tim Akpinar
answered on May 24, 2022

A Florida attorney could advise best, but your question remains open for two weeks. A law firm could find it difficult to answer your question about legal action based on the brief description. Part of this is that when people ask about the viability of a lawsuit, they generally have in mind a... Read more »

1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for Florida on
Q: If my vehicle was found at a hit and run leaving the scene of an accident and drugs were found but I was nowhere near

This is in Florida city Florida and homestead. My truck was found at a hit and run and leaving scene of accident only resulting in property damage and they found drugs cab I bee charged with the drugs and or the crash

Charles M.  Baron
Charles M. Baron
answered on May 23, 2022

Your inquiry is a bit vague. If this was a hit-and-run, with a driver fleeing the accident scene, what does "found at a hit and run" mean? If you mean the truck was found somewhere else, and police determined that it was the vehicle that hit and ran, AND the police have not yet... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: I was injured in a ski lift accident on Sugar Mountain in North Carolina on March 6, I fractured my right leg.

The platform of tower was Bare and the ski lift operator was not watching the ski lift and the ski lift never descended to the tower properly.

Charles M.  Baron
Charles M. Baron
answered on May 16, 2022

It certainly sounds like you have a valid and worthwhile potential claim to compensate you for your pain and suffering, medical bills, and any other related damages. The first step in this situation is to present a claim to the insurance company for the business operating the ski lift, and if that... Read more »

View More Answers

2 Answers | Asked in Personal Injury for Florida on
Q: I was injured in a ski lift accident on Sugar Mountain in North Carolina on March 6, I fractured my right leg.

The platform of tower was Bare and the ski lift operator was not watching the ski lift and the ski lift never descended to the tower properly.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 16, 2022

Presumably you are looking for an attorney to pursue a claim against the ski resort. You probably need to find an attorney licensed to practice in North Carolina, not Florida.

View More Answers

2 Answers | Asked in Personal Injury and Workers' Compensation for Florida on
Q: Drug test for delta 8?

I work at UPS and got injured on the job. They drug test anybody injured on the job to prove whether or not they were impaired. I use legal delta 8 THC, which shows up the same as illegal delta 9 THC on a drug test. They also use a urine test. Could they still deny me compensation/fire me even... Read more »

Gregory C. Maaswinkel
PREMIUM
Gregory C. Maaswinkel
answered on May 5, 2022

The answer depends. Assuming UPS has a valid no drug policy in place and that UPS can prove a valid "chain of custody" of the drug test sample, then there is a rebuttable presumption of impairment that can be overcome by showing evidence that you were not impaired.

View More Answers

1 Answer | Asked in Personal Injury for Florida on
Q: can you sue a hospital or doctor if they punctured my family member's bladder and caused a blood clot
Charles M.  Baron
Charles M. Baron
answered on Apr 29, 2022

Yes, if another medical professional in the same field is willing to testify that the doctor's actions fell below the applicable medical standard of care. Consult an attorney in your area handling medical malpractice.

1 Answer | Asked in Personal Injury for Florida on
Q: Prosecutor dropped a case. For calling victim on wrong number they did have the right number

He dropped the case based on a phone number that someone in the office copied down wrong from there file

He called it and left a message. It wasn’t my number they have the right number he said I didn’t call back so it was dropped. I got punched in the face twice by my daughters ex... Read more »

Charles M.  Baron
Charles M. Baron
answered on Apr 29, 2022

Sorry to hear about your ordeal. Your question is, "Can I report the prosecutor?" Of course, to the prosecutor's supervisor or to the State Attorney him/herself (the head of the State Attorney's Office). However, if the charges have officially been dismissed, your complaint... Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: I am the victim in a criminal battery case but I cannot find a lawyer to rep me in a suit. Why?

I had over $30k in medical bills and despite seeing ads for representation, I keep getting told that "they don't handle this type of case."

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 17, 2022

You should discuss your case with counsel here in the state of Florida about contingency fee representation, which means you don’t pay anything unless you win.

1 Answer | Asked in Personal Injury for Florida on
Q: Reviewing an old case online, it is written that the judges final decision was to grant impart and deny impart

What does that mean?

Domenic J. Celeste
PREMIUM
Domenic J. Celeste
answered on Apr 12, 2022

It means that the Judge both approved and denied something (or part of something) that was asked for. Without more information, it's difficult to give any more of an explanation.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Real Estate Law for Florida on
Q: I found blood on a napkin from a drive through restaurant and wiped my face with it... what do I do. ??

It wasn't my blood or blood from food. It had to have been from an employee on purpose..

Tim Akpinar
Tim Akpinar
answered on Apr 5, 2022

A Florida attorney could advise best, but your question remains open for five weeks. One of the issues that could confront a claimant in a situation like this is the element of damages compared to the cost of litigation. But that's only a generality. For a more meaningful assessment of the... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: Never got any kind of compensation or justice from being hit by a car

My mom got hit by a car when she was crossing the road. She had to spend weeks in the hospital and suffered major injuries to her leg and head. I was a child at the time so my mom was not able to take care of me since she was in the hospital. So that effected our lives in that time.

The... Read more »

David Irving Shiner
PREMIUM
David Irving Shiner
answered on Apr 1, 2022

I am sorry to hear about your mother's situation. It is devastating to be injured in an accident and, even worse, knowing the at-fault party was not be held responsible for their negligent actions.

Under Florida's statute of limitations, you have four years from the date of the...
Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: Personal liability claim with possible conflict of interest.

I was hospitalized for a trip and fall at my condo complex. Resulting in a scar on my forehead. The General Adjuster from the TPA that interviewed me, took pictures, completed report , I find is married to the VP Financial Operations of same TPA and in same office. Would this be conflict of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 30, 2022

No. The fact that two employees or officers of the same company are married to each other is not a conflict of interest as far as you are concerned.

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I am in the process of a personal injury lawsuit. The other driver that is responsible for the accident, his insurance

company wants me to sign a POA, to release my vehicle to them. Is it ok to sign that agreement for property damage. Even if I am suing them for personal injury

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 18, 2022

It's possible that they want to investigate the condition of the vehicle for some reason. Your insurance company should have assigned you an attorney. Ask that attorney about the document they want you to sign.

View More Answers

2 Answers | Asked in Personal Injury, Real Estate Law, Civil Litigation and Landlord - Tenant for Florida on
Q: I have an older property in Airbnb and a guest staying there fell through to the next level when a step gave way

No injuries and I paid the guest $300 and had it fixed within a couple hours. They said they are not suing. The guest is checking out early and wants $300 more because of what almost happened which was he was almost holding his daughter who was at the top of the stairs. Obviously no one expected... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 18, 2022

In all likelihood, they have no case if an injury didn't occur. But you should immediately contact your insurance carrier.

View More Answers

1 Answer | Asked in Personal Injury for Florida on
Q: Accident policy through work is offering a lump sum settlement instead of monthly payments. I am currently paying taxes

On monthly payments. Will I have to pay taxes on lump sum due to a injury I received and on disability.

Domenic J. Celeste
PREMIUM
Domenic J. Celeste
answered on Mar 7, 2022

I'm not quite sure what you mean by your employer's "accident policy." Are you talking about its workers' compensation insurance policy or your employer's short/long-term disability policy? Work comp is tax free whereas short/long-term disability is taxable. I think... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: When is an auto insurer required to reveal policy information and limits ?

The driver of a vehicle was found to be at fault after running a red light (in view of a police officer), and causing an accident that injured me (fractured rib and partial collapsed lung). The at fault driver's insurance has officially (in writing) stepped in to "manage" (oversee?... Read more »

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2022

First, it would be extremely foolish for you to represent yourself in the described situation, unless your case has been turned down by a few personal injury attorneys. Is the latter the case? The insurer should not be "managing" you. In any event, there are two ways to obtain the... Read more »

View More Answers

1 Answer | Asked in Personal Injury for Florida on
Q: A furn. delivery service took 5 pics of me in my home without my knowledge and uploaded to prove I inspected it. legal?

The new sofa was ripped and I am trying to return it. They said they will not take it back because they have pics of me inspecting the sofa. I didn't see the rip until they left. I feel my privacy was violated in my home and I have no recourse on the ripped sofa.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 23, 2022

1. Not illegal.

2. Contrary to what many people believe, Florida businesses are not constrained by any of the laws that prevent the governments from violating our privacy rights.

3. Although there are occasions when I would object to any business or person taking photographs of...
Read more »

1 Answer | Asked in Employment Law and Personal Injury for Florida on
Q: Can I cash my check that is under my name only even if I have an active lien on me with the bank that my employer uses
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 22, 2022

Maybe you should clarify what you mean by "an active lien on" yourself.

3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: My wife are 76 and 73 years, worked all our life. Being sued by 38 yr old son for damages.US Den Dist Ct # 1:2022cv00321

Son is disabled and misguided throughout his life. What are the options?

Charles M.  Baron
Charles M. Baron
answered on Feb 17, 2022

Your options are to defend yourselves in the lawsuit, for which you should hire an attorney, or to not defend yourselves, which will result in a money judgment against you by default. Your inquiry does not indicate the alleged grounds for suing you. If they are something with no genuine factual... Read more »

View More Answers

1 Answer | Asked in Personal Injury, Products Liability, Traffic Tickets and Car Accidents for Florida on
Q: What can I do? Suing GM will take years.My cars totaled price will never get me close to a reliable vehicle I need 4work

Feb 2nd I was doing the speed limit of 65mph around 7pm which was dark out. Upon reaching the top of a hill instantly saw a vehicle stopped in my lane w/out hazards on and rear ended them. I Driving 2010 Buick Enclave w/zero open recalls.but upon impact my seatbelt didn’t lockup nor did a single... Read more »

Domenic J. Celeste
PREMIUM
Domenic J. Celeste
answered on Feb 12, 2022

Firstly, do you have your own car insurance? If so, you need to report this accident to them immediately. If you have car insurance, hopefully they can pay the cost to replace your vehicle, although, I'm sure, it won't be much considering the year of the vehicle. Did the police come to... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.