Florida Personal Injury Legal Questions

I am so sorry to hear about your daughter.  My condolences to you , your family, and loved ones in this horrific time in your lives. Hire an experienced personal injury/wrongful death attorney immediately to pursue a claim on behalf of your daughter's "survivors".  It is imperative that you hire a lawyer to preserve evidence and search for policies of insurance/assets which may be available to her survivors. Do not deal with insurance companies by yourself, they will take advantage of your lack of knowledge of the process and will not be looking out for the best interest of your daughter's survivors.  HIRE AN EXPERIENCED PERSONAL INJURY/WRONGFUL DEATH ATTORNEY. ... Read Answer

I am sorry to hear that your husband was injured due to the foreign object in his hamburger.  A couple of issues need to be addressed:  1. Did you keep the plastic object found in the meat?  Without proof of the object, it would be next to impossible to establish Winn-Dixie's liability. Although Winn-Dixie may be liable for the foreign plastic object in your meat, the burden is yours to establish that the object was there.  Without the object, it will be practically impossible to establish liability as WInn-Dixie will defend on the basis that there was nothing in the meat.  2. What were your husband's injuries?  If your husband needed stitches, or had some significant, negative health consequence as a result of the plastic object, than hiring a lawyer and pursuing a claim may be worthwhile to your husband.  If however, there was no need for medical treatment and the injuries were minimal, than it may be in your husband's best interest to handle it himself as Winn-Dixie will only offer an amount to settle which equates to a "nuisance value" settlement. Contact an experienced personal injury lawyer who can discuss these facts with you, free of charge, and help guide you in your decision making.  ... Read Answer

Demand, in writing, that the neighbor tell you who his homeowner's insurance is. He is required to provide that to you within 30 days. Then take pictures of the injury and send the pictures and the medical bills to his homeowner's insurance company and they will reimburse you the bills, etc.... Read Answer

Yes, you may have a case on the facts alleged. Typically, when restaurants are presented with claims like this, they call the local health department to see if any other guests had similar incidents. Even if no other compaints exist, your medical records establish liability. Save your burger king receipt for proof. ... Read Answer

Yes, you have a case. We have a law here in Florida called "respondeat superior" which translated into English merely says an employer is responsible for the negligence of an employee. Assuming the waitress was an employee of the restaurant (and I am not aware of any waitresses who are not employees of the restaurant) then the owner of the restaurant is responsible for any damages caused by the negligence of its employee. Just send a letter by certified mail to the manager (or whatever title that person may have) requesting the insurance adjuster for the insurance company which insures the restaurant to contact you. If after several weeks has transpired and you have not been contacted by an insurance adjuster, then go hire a good personal injury lawyer. Try to hire one who is board certified, which means they are held out to a higher standard.... Read Answer

Report him to the Florida Bar. However, first go down and have a face-to-face meeting with him and ask him for an explanation. If he's keeping some or all of your proceeds in his trust account because you have letters of protection or liens on your file, then he is not doing anything improperly, but ask him for an explanation as to why he is not releasing the proceeds of your settlement to you.... Read Answer

Depends on when and how it was stated, but if its his or her professional opinion, no. As an aside, just because you deny it is not the standard as 99% of substance abusers and 99.9% of IV drug users claim that they are not, regardless of who levels the accusation. I point this out because many people abusing opiate pills cry foul of being accused of IV drug use, as if the stigma is somehow different, and it really is of zero conseqence n the long run. ... Read Answer

Your question omits some facts I would need to properly advise you. If you own a car, you need to inform your car insurance company of the accident immediately. If you have insurance on your car, then you would undoubtedly have Personal Injury Protection insurance which would cover 80% of your medical bills and 60% of your lost wages up to a total of $10,000. If you carried uninsured/underinsured motorist coverage on your car insurance, that would cover you and stand in the shoes of the at-fault driver (or owner), up to the limits of your coverage. If you don't want to hire a lawyer, then at the least call your insurance agent who sold you your car insurance policy, report the accident, and find out what coverages you have on your car insurance.... Read Answer

In Florida, the owner of a car is as responsible for the injuries the driver of that car causes as the driver is. If you own the car, you are responsible for the injuries your son has caused. Make sure you report the accident immediately to your insurance company or they might possibly decline to cover the injuries/damages sustained in the accident. Please keep in mind that the persons in the other car must look to their own insurance company for 80% of the medical bills, but you are responsible for the 20% not covered by the other person's PIP insurance. The insurance adjuster for your own insurance company should handle this for you or at least "walk you through it."... Read Answer

Im sorry to hear about this incident. The first thing you should do is take many pictures from different angles of the cracked sidewalk. Do this immediately. Then contact counsel here in florida. Depending on the pictures, you may have a good case.   Stephen Black 407 581 2581 You Pay Nothing Unless You  Win.... Read Answer

Its possible, but there are several complications starting with the potential expiration of the statute of limitations and part of what may be a vastly different standard in a civil case (both as platinitff or defendant) as opposed to a criminal defense matter. You will need to retain a lawyer to address this immediately, and will need to explain why nothing was done for so long if there was a claim to be pursued on your part. ... Read Answer