Florida Personal Injury Legal Questions

The limitation period for a Missouri car wreck is 5 years. HOWEVER, the period is extended for minors. Without knowing the ages of your kids, it is impossible for me to tell you whether you can sue now or not. Your claim for medical bills may be lost, but their claim for injuries is likely still okay. Call a lawyer as soon as possible.... Read More

When a minor is injured as a result of an accident, most settlements must be approved by the court by way of a "Minor's Compromise". If there has been no lawsuit filed, the insurance company who is making the payment on behalf of its insured responsible party normally insists that the settlement be approved by the court by way of the compromise. If the court approves the settlement the funds typically go into a blocked account at a local bank. Withdrawals can only be made by court order The courthouse where the lawsuit and/or Minor's Compromise was filled will have the documents you are looking for. These records will also show your attorney of record whom you may call for further information as to that settlement. In the event the formalities were not followed, including the retention of a lawyer's services but, instead, was informally settled by your parents then that is a completely different story. An alternative would be to sue your parents for beach of their fiduciary duties to you. However, there I'd a statute of limitations within which you must file such a suit which statute starts running once you attain majority status. As to contacting the bank, you could try that but chances are they do nit have the information due to its age. Likewise, you could try to contact the insurance company who paid the money for the settlement. It may also have some liability if it did not insist on a Minor's Compromise. Good luck. ... Read More

You are correct: This is not a personal injury matter. Unless you suffered some financial loss because of the actions of this dealer, you are unlikely to recover from this dealer. However, you can protect other consumers by reporting this situation to the South Carolina Department of Motor Vehicles (DMV). Together with the South Carolina Department of Public Safety and the South Carolina Attorney General’s Office, the DMV can take action to prosecute those dealers engaging in fraudulent behavior. The Better Business Bureau is arguably ineffectual in compelling dealers to behave correctly and you are unlikely to get any satisfaction pursuing this matter with that private agency. Good Luck!... Read More

Was the case a private school or a public school? Government entities typically have more legal defenses to plaintiff lawsuits. That being said, if the school officials were on notice of the foreseeable danger and risk of this attack and did not take steps to eliminate said risk then there could be liability. ... Read More

This sounds like the problem is the ability to collect for the damages and the lawyers filed suit to simply preserve your statute of limitations. You need to focus on finding ANY lawyer that will take such a case rather the perfect lawyer. If the company is out of business and there is no liability insurance it may simply not be a viable case financially and no lawyer will take a case on a contingent fee knowing they will never get paid a dime for thier effort nor recover expenses. ... Read More

First off, don't try litigating this by yourself. Do you want to crawl into the water with an alligator? Hire a lawyer and get that lawyer to send him a proposal for settlement which would give you the ability to try to recoup your attorneys' fees from that point forward if the verdict against you is less than 75% of the amount you offered. Proposals for Settlement are tricky, so make sure whatever lawyer you hire is comfortable working with Proposals for Settlement.... Read More

You should immediately contact an attorney knowledgeable about contract litigation. You may already have waited too long as many states have short statute of limitations to file suit on oral contracts. You do or should be able to get written confirmation of the transfer from your bank which would be proof of performance on your part. If they claim it was a gift, hard to believe, you could owe Federal Gift tax on top of it all!!... Read More

File a complaint with the Better Business Bureau, most businesses hate bad PR and negative BBB ratings. File a complaint with Consumer Fraud Division of the State Attorney General's Office. Neither will cost you anything and will probably be more effective than paying an attorney, at least for starters.... Read More

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 More

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 More