Florida Litigation Legal Questions

Individual plaintiffs can't pursue criminal claims.  Criminal claims are brought by governments.   It appears that you may have various civil claims relating to your unlawful detention and the refusal to release your medical records to you.  I don't think these are properly categorized as either med mal or personal injury (unless you suffered some sort of physical injury), but I can't see what possible difference it makes how you categorize the claims.  Everything related to the case - the statute of limitations, the elements of the tort, the damages recoverable, etc. - depends on the facts, not what you call the claim.... Read More

So you have to ask a lawyer what can be done. What are the facts and circumstances? Is it an apartment complex or a private residence? If it is a private residence get evidence, solid proof of who is trespassing on your property, then have a trespass warning issued by the police, then if it happens again and you have solid proof, they can be arrested.... Read More

Possibly, but there are a lot of factors. If you dont actually know the answer to this basic question, you should give A LOT of consideration to hiring a lawyer to help you. If a doctor doing surgery on you, had to ask about the proper way to sterilize instruments, you would run far far away for fear somthing horrible would happen. Same if the lawyer in your case, (i.e. you) has a similar knowledge base. ... Read More

Am I correct in assuming that the rental agent advertised (even if only on the internet) to Florida residents, and that your dispute arose (at least in part) from its activities in Florida (i.e. advertising to Florida residents, communicating and negotiating with you in Florida, even if only by email, perhaps even sending a brochure or receipt to you in Florida, etc.) I believe you can sue them in Florida, although it may not be an open and shut issue.  However, some small claims courts have very limited jurisdiction; you should check with the clerk of your local small claims court to see if you can sue an out of state resident there, or if you have to sue in a court of general jurisdiction.  If so, the filing fees and other expenses in that court are likely to be considerably higher than in small claims court.  Also, while I think you can sue in Florida, you will not be able to collect on any judgment unless the defendant voluntarily pays or has assets in Florida on which you can levy.  Otherwise you will eventually have to domesticate the judgment in California, and if the Florida judgment is a default judgment, it may be a hassle to do so. Bottom line is that the hassle you will likely endure to obtain and collect on an $1,800 judgment is likely to be disproportionate to your gain, and, if the defendant simply ignores the lawsuit, you may decide not to go all the way (i.e. to try to domesticate the judgment and collect on it in California.)  Still, you have little to lose by starting an action in Florida, particularly if you can sue in small claims court.... Read More

You can suggest counseling for the son. Other than that, you should report crimes when they happen to you. You can probably obtain an injunction against the son and get him removed from the house as he appears to be not only a danger to you but also to your wife. It will not be long until he turns 18 and is on his own, and he can probably go live with his father. He has beat you in the past and this has to stop, but when you ask for an injunction make it clear that you want him out of the house and that you want a no violent contact order as opposed to a no contact order. The best thing to do is to go see a local family attorney face to face and discuss the problems, issues, and options.... Read More

You may have to try bringing a lawsuit against Amazon for breach of contract, etc. Unfortunately, this type of case will usually involve an hourly rate andretainer and you may expect to spend thousands of dollars in such a fight to hire a lawyer to help, as this type of case is typically not one most lawyers handle on a contingent fee.... Read More