Personal Injury Legal Questions

Most cruise lines have forum selection clauses, requiring passengers to file injury claims in the state designated by the cruise line. In almost all cases, that state is Florida. To determine where you must file your claim, review your ticket itinerary and contract to see if Florida has been specified. If Florida is the required forum, you will need to retain legal representation in this state. Be aware that these claims must be filed within a specific time frame, or you may lose the right to pursue compensation. It is advisable to hire an attorney here in Florida on a contingency fee basis, meaning you pay nothing unless you win your case.... Read Answer

  I am sorry to hear about your mother's hospital ordeal. Your inquiry certainly merits discussion without delay. I suggest that you consult a Medical Malpractice attorney asap. The attorney will need more personal information about your mother. A Medical Malpractice attorney can explore and discuss the issues with you. There are often many stages to this inquiry. Ultimately, the answer to your question will depend upon medical expert review of all relevant records to determine whether the standard of care was breached and if that breach directly caused or contributed to your mother's medical condition. We all give free consultations and if we take the case, it would be on a contingent fee basis. Start this process with a free consultation by a Medical Malpractice lawyer. Better sooner rather than later. Furthermore, the Statute of Limitation for bringing a complex Medical Malpractice lawsuit is relatively short. Lore L. Gold, Esq.... Read Answer

This is simply not a financially viable legal case as it will likely cost you as much or more in legal fees and expenses as the items are likely worth. Candidly, if the level of chemicals was in the water to do the damage you described from a simple swim, it should have been immediately noticed by smell, burning eyes, etc. yet you seem to describe  you were swimming in the water without issue. You might want to check with your homeowners insurance to see if there might be coverage under your personal property coverage. ... Read Answer

A civil case against the homeowner could be based on negligence, as they had a duty to provide a safe environment for guests. For example, if the other adult homeowner spouse knew or should've known about the other adults, dangerous propensities for violence, and failed to supervise the situation when your son came over as a guest, then liability could potentially attach based on lack of warning or failure to supervise. If that other adult failed to intervene or remove a dangerous individual from the property, they may have been negligent in allowing the situation to escalate. If they knew or should have known about the risk and did nothing, this strengthens the claim. Your son's serious injuries, including surgery and permanent damage, make legal action worth considering. Consulting an attorney experienced in premises liability would help assess the case. The attorneys on this website are precluded from soliciting cases of people who ask questions, so you would have to reach out to one of us after researching our backgrounds to discuss the facts in more detail.     ... Read Answer

In Florida, property owners have a legal duty to maintain safe conditions for customers. If a customer is injured due to a hazardous condition that the owner knew or should have known about, they may be held liable for damages.  To pursue a claim, the injured party must demonstrate that the property owner was aware—either through actual or constructive notice—of a dangerous condition. The hazardous condition must not have been obvious to the injured party, and the owner must have failed to address the issue. As a result, the injured party suffered harm. If these elements are established, the injured party may be entitled to compensation through a settlement or trial verdict. For personalized legal guidance, consider reaching out to one of the professionals on this website.  ... Read Answer

Yes, if the homeowner was in anyway, responsible or negligent for the damages that you suffered. This would be determined by who provided the ladder, and whether the ladder was defective or not, and whether you could prove that the ladder was defective based on some kind of forensic analysis. ... Read Answer

As the old saying goes, no harm, no foul. Damages are an essential element of any lawsuit. Without any damages, there's no point in bringing a lawsuit. You can always report the incident to the mechanic's supervisor to put him on notice of the individual's arguable incompetence. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read Answer

Not likely on the facts presented. Not sure what quality you are expecting from "dollar tree" but the old adage of "you get what you pay for" certainly applies here. If you are using budget anything that is glass always be extra careful to minimize injury. Thankfully you only had a small injury with 3 stitches as it could have been worse. ... Read Answer

No, if the cause of the accident was because you were under the influence of alcohol. It would be a stretch to establish that your wreck was caused by a chokehold that happened in a bar fight and not because you were under the influence of alcohol. Of course, all of this would turn on the medical evidence.    ... Read Answer

Contact a Personal Injury attorney to review all facts and circumstances-especially details regarding the dangerous condition which caused your injury before proceeding any further with the restaurant insurance rep- and hopefully obtain representation, rather than pursuing yourself. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.... Read Answer

You will likely need to spend the money to retain a tenant lawyer to address this. I fyou don't have the resources for that you can try legal aid. If the older son has legal authority, such as a power of attorney, to sue for your removal from the property - you will likely find yourself in a bind because "mom said I could stay" is not a legal defense unless she is competent and comes to court to testify in your favor. Assuming you are an adult, absent some exigent circumstances, the remedy here is that you will need to move out and find your own place elsewhere. You DO NOT want the sibling to actually file an eviction lawsuit, as even if you won it, you will still have an eviction on your record making renting elsewhere even more difficult. ... Read Answer

This is a law enforcement issue on one level and something that needs to be addressed with your family law lawyer on the other hand. Obviously there is a serious issue with "timesharing" with a parent that is homeless, a substance abuser and potentially having mental issues. This is an issue the court needs to address and you should engage your family law lawyer to address this ASAP. ... Read Answer

The honest truth here is that you need to get a personal injury lawyer to represent you. This case is far too big for you to handle yourself. They can then evaluate you claim, medical expenses, pain and suffering, and any other issues and may even be able to give you a rough idea of what the case may settle for.  Just about all personal injury lawyers work on contingent fees. In other words they only get paid once you do. The average fee is about 33% of the overall settlement once expenses are paid. From the sounds of it you would have a case worth taking, especially if Walmart acknowledges fault. ... Read Answer

Presumably so and you should treat it as such unless you are willing to spend more money and legal fees attempting to address any action that might arise should you ignore it. Otherwise you can hire a criminal defense lawyer to intervene and try to have the ticket "thrown out" but again it will likely cost more than the ticket. ... Read Answer