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Questions Answered by Charles M. Baron
1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for Florida on
Q: Need citation precedent establishing that a pharmacy negligence governed by 3-4 years Statute of limitations in Florida

A chain pharmacy dispensed a prescription medication with the wrong dosage that resulted in permanent heart injury. My former lawyer told me it's a personal injury case governed by 3-4 years Statute of limitations. I need a precedent case law establishing that a pharmacy negligence incident... View More

Charles M.  Baron
Charles M. Baron
answered on May 15, 2024

Sorry to hear about your ordeal. There's no such thing as a "3-4 years statute of limitations" for any kind of claim. Was your former lawyer guessing that the limitations period would be somewhere between 3 and 4 years, being not sure if it was 3 or 4? The limitations period for a... View More

5 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: HEEEEELP!!! I am an anxious wreck. Being sued for a minor car accident driver claims bodily injury

I am an anxious wreck. I got into a minor accident. Police report stated that it was less than $5000 and that there were no injuries. Now the other driver is suing me for $80,000 my coverage is $100,000. I am so scared that this will ruin my life. My insurance company All state is paying for... View More

Charles M.  Baron
Charles M. Baron
answered on May 9, 2024

It is unclear why you are so worried when, according to you, you have a litigation lawyer at no cost to you and the plaintiff is suing you for an amount that your insurance would cover 100%. If that's really the case, your assets and income shouldn't be at risk - but you must consult... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: Can I relinquish my lawyer without penalty?

In a car accident case where a lawsuit has not been filed, can I relinquish my lawyer and come to an agreed settlement amount with my insurance company myself? Is there any penalty for this if I don’t want to sue?

Charles M.  Baron
Charles M. Baron
answered on May 7, 2024

You always have a right to fire your lawyer, but there likely is a big downside for doing so in your situation. See your retainer agreement. It probably indicates that if you terminate the representation any time after the first 3 business days, you are obligated to the firm for fees incurred,... View More

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1 Answer | Asked in Contracts and Criminal Law for Florida on
Q: I've been charged with failure to return hired vehicle. The sworn affidavit has dates not right, they lied. Help

My contract and extension dates don't match affidavit. Plus my husband's direct deposit debit card was put in file for the last extension before I was stoped and surrounded by state police filming the stop(traumatic). I'm 55 my husband was in PA our motor home burnt to the ground and... View More

Charles M.  Baron
Charles M. Baron
answered on May 4, 2024

The way for you to get the help you need is to promptly schedule a consultation with a lawyer in your area. You said you are "charged", which I assume means a criminal charge. If so, seek a criminal defense attorney. You can click on the Find a Lawyer tab at the top of this page and... View More

2 Answers | Asked in Personal Injury for Florida on
Q: My fiancé's accident lawyer is telling him he needs a criminal defense attorney. The accident was caused by other driver

The accident attorney told him this after he was told that my fiance got paperwork from at fault drivers lawyer

Charles M.  Baron
Charles M. Baron
answered on May 1, 2024

You didn't ask a question. Is your question, "How does my fiancé find a criminal defense attorney?" One way is by using the Find a Lawyer tab at the top of this page. Another way is by contacting the Florida Bar Lawyer Referral Service. Another is by simply doing an online... View More

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2 Answers | Asked in Civil Rights for Florida on
Q: How can I get an attorney for a civil case that took place in 2017?
Charles M.  Baron
Charles M. Baron
answered on Apr 5, 2024

By "civil case ... in 2017", I'm guessing you mean a 2017 incident, not a lawsuit filed in 2017. There is not a category of attorneys for "old incident cases". Search the same way you would for any lawyer in that area of law, including contacting the Fla. Bar Lawyer... View More

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2 Answers | Asked in Civil Rights for Florida on
Q: Legal repercussions of certain actions. Is it legal?

A friend of mine recently rented a car from Hertz Car Rental company through the Uber Driver app so that he could do trips and earn money. Until after my friend signed the rental contract, Hertz didn’t tell him that he and his passengers were going to be recorded by video and audio from inside... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 4, 2024

This is simply a matter of basic contract principles. Your friend apparently agreed to the invasion of privacy by signing without reading it first. It is legally assumed that a contracting party has read and understood what he/she has signed. I often get calls from people who say, "But I... View More

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2 Answers | Asked in Legal Malpractice and Personal Injury for Florida on
Q: Can I sue for legal malpractice if my attorney accepts an offer without my consent and/or negligence?
Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

If your attorney accepts a settlement offer without your consent, your first move should be to determine if the settlement can be revoked, either with the opposing party's consent or instead via a motion to the Court. First speak to your attorney who's been representing you in the case... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

The answer depends on whether the footage is officially public record at this time, as well as on what you mean by "reporting misconduct". Generally, any official public records may be shared on social media. However, if you were to edit/compile the footage in a way that is not exactly... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a judge work on my case if he already knows who I am thru my finance other case?

Recently I was arrested with my fiancé. My fiancé had an open case with a judge. Now the same judge is in the same case I just caught recently with my fiancé.

Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2024

Yes. If the judge were to make statements indicating bias against you, or if he has a conflict of interest, you could move to disqualify him, but being assigned to another case with your fiance as defendant is not, in itself, a ground for disqualification. Regardless of your situation, you should... View More

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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Florida Homeowners claims questions:

House suffered a pipe burst that sat for 24 hours. Home flooded 1” during that time. Back half of the first story is affected.

Are my personal property contents covered?

Does the Florida mold limit of $10,000 include contents as well as structure or are those separate limits that... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2024

The coverage categories and limits are stated in your insurance policy. Either it's plainly covered or not. Should be clear, and an insurance agent should be able to explain, but if not, schedule a legal consultation. Also, you state that a pipe leakage flood caused damage. If water itself... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: My in-laws paid cash for my vehicle we agreed that I would make monthly payments to them each month till it was paid off

It was a verbal agreement I have receipts showing I paid them an the insurance states that my father in law an I were the owners but they got mad an took it what can I do about this matter

Charles M.  Baron
Charles M. Baron
answered on Mar 25, 2024

You have grounds to take legal action, and you may want to first have an attorney send a demand letter to see if the matter can be resolved without litigation. You may have grounds to seek a court judgment requiring transfer of title to you, and if not that, at least grounds for monetary... View More

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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: How do I interpret a specific statue? What type of attorney would I need to file against a county department?

815.062 Offenses against governmental entities.—

Charles M.  Baron
Charles M. Baron
answered on Mar 20, 2024

You cite Fla. Statute Sec. 815.062, a statute that's pretty clear on its face and criminalizes certain acts committed against governmental entities. It's unclear why you mention that statute in conjunction with suing a county entity, as that statute is only about charging someone with a... View More

2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Florida on
Q: My sister sold my father’s property without giving me my share of the sale which is half according to his will.

My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

Your inquiry has a very mysterious set of facts. If a Will gives real property (house, condo, land, etc.) to two individuals to share 50/50, the Will must be probated - that is, a petition to open an estate in the Probate Court must be filed, resulting in a Court Order giving 50/50 ownership,... View More

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2 Answers | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Florida on
Q: Is it a valid Premise Liability case in Florida if a alleged dog claim attack did not occur on the rented premises?

Pending lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks. There was no dog attack and no injury to 3rd party alleged in ident off premises. There was no injury and claims full of lies and no evidence. Landlord already dismissed from this... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

You state that this is a "lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks." If there happens to be evidence to support that claim (including the alleged injury), it may be a valid claim regardless of whether a co-defendant is... View More

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

I agree with Mr. Kaufman except would add but that for issues in which the Court requires an effort to confer in good faith before attending a hearing, if the opposing attorney were to tell the Judge that he requested to confer with you, and you refused to speak to him, the Judge will probably not... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: Which driver would have been ticketed via a highway median cross-over for failure to yield the right-of-way?

Driver Two crashes into Driver One within a highway median cross-over. Driver One - stopped on the east side of the road before the median cross-over until two Northbound highway lanes and the median cross-over left turn lane (marked) into the median cross-over were clear. Driver One got to the... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 8, 2024

Who would be ticketed is entirely within the discretion of the law enforcement officer(s) after the officer(s) speak to those on scene and review the situation. The officer(s) may or may not get it right - and that's why traffic tickets can be contested in traffic court. That's a... View More

1 Answer | Asked in Personal Injury for Florida on
Q: Can I sue for pain and suffering and discrimination for the following incident: Today my mom fell at Dennys Melbourne FL

Today, March 6, 2024 at 10:40 am in Melbourne Fl. My mom fell at Denny's Restaurant , she tripped over a door mat in front of the door and slid into the other glass door. She was blocking the doorway laying on the ground a nurse in the restaurant help me move her out of the doorway. 911 was... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 6, 2024

You mom definitely has a potential personal injury claim for a significant amount of money damages, including for physical and mental pain and suffering, and should immediately schedule a free consultation with a lawyer. Regarding the discriminatory aspect, the legal issue would be whether there... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can the property manager charge me $500 more to move in when it's not on the welcome letter or outlined in signed lease?

Landlord says I need to pay $3000 to move in, but the deposits, pro-rated rent, first month's rent, community's fees, pet deposits and pet rent do not add up to $3000. Instead, it adds up to $2500. I asked the property and they said I'm forgetting pet fees and the math is right.. but... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 2, 2024

You seem to have answered your question yourself. You are basically asking if the other party to your contract (the overall deal you made) can add a charge that you did not agree to, for no reason. Of course not. I suggest you give the landlord your written itemized figures and ask if you're... View More

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2 Answers | Asked in Business Law and Civil Litigation for Florida on
Q: I left an honest negative review online of a business and when my wife went in the owner threatened her. Is this legal?

I left a 1 star review and the owner was confrontational with my wife over it and told her he didn't want her back. How is this not against the law? I have freedom of speech and what I wrote was the truth.

Charles M.  Baron
Charles M. Baron
answered on Mar 1, 2024

You do have freedom of speech, and if the business is private (not governmental or connected to the government), the business has the right to deny service to anyone it wants to, except that it cannot discriminate on the basis of one of the "protected classes" under the law, such as race,... View More

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