Florida Personal Injury Legal Questions

I am sorry this happened to you, but Florida is a very pro-business, anti-worker state.  With few exceptions, Florida employers can fire you at any time, without even needing a reason.  There is no Florida law requiring employers to provide any sick leave to their employees; even unpaid. I am not an employment specialist but can only think of a few exceptions which may help, as I understand your facts: 1.  If you are one of the few people in Florida who still have a union job and their contract with the company provides you this time off. 2. If your company has an employee handbook, or you can otherwise prove a firm policy allowing    employees this type of time off, then it “may” be enforceable against the employer. 3. Employers with 50 or more employers, are required to comply with the federal Family Medical Leave Act.  My general understanding is the Act allows up to 12 weeks unpaid leave per year for a “serious”* health condition (and for other reasons, such as new child care). If you are covered by this federal law, the employer must reinstate you to your former position once you return.  *If you work for such a company, you need to look up what is considered a “serious health condition” under the FMLA, or consult with an employment specialist. I am sure there are very specific definitions. There are other laws allowing people time off, but I dont think they apply to your fact situation (such as domestic violence).  It would be great if our Governor and legislature cared for Florida residents as much as they care for big business (and their huge donations), but as the expression goes, elections have consequences.  Please understand, I am not a labor / employment lawyer, so this is just my general understanding of the law.  I also don’t know all the fact which may be applicable to your situation.  Wishing you the best... Read More

You cannot bring a claim against the dentist in Florida unless you can get another "similar health care provider" (another DDS or DMD, depending on the dentist who did the extraction) to give you an affidavit saying that the original dentist deviated from the standard of care. It is very difficult successfully bringing a claim for health care malpractice so you might want to speak with an attorney who handles medical (and dental) malpractice cases.... Read More

While it is true that your exclusive remedy against your employer  for an "on the job injury" is workers comp, you may be able to sue the owner of the dog on a strict liability theory. Of course, this depends on facts unique to each case. One factor is whether you contractually waived any claim for damages against a third party dog owner when you were hired. Inspection of your work related documents that you signed may be relevant to that analysis. That being said, you may have a case, depending on the aforementioned issue of liability against a third party and depending on the extent of your injuries   Stephen Black 407-581-2581... Read More

This sounds very hard. It's hard to see how removing cheap front of finger could separate and on unless there was some problem with the child's cartilage or otherwise. You might very well have a pause of action against the hospital. consult a skilled personal injury lawyer in your locality.... Read More

I do not understand why you mention your friend; it does not seem he did anything to cause the windshield to be damaged. You need to supply additional information for us to decide liability. Since you hit the ball over the fence into a lot where cars were parked, initially it would seem you have fault. If the fence was high enough that a reasonable person and you would not believe it was a likelihood you would hit the ball over the fence, then you might not have any fault. But if it was short enough that it was foreseeable a batter could do so, then the car owner was also negligent in parking the car in a zone of danger. The shorter the fence, the more at fault both of you were. If the car owner could have parked in a safer area, the higher his degree of fault.... Read More

Ask them if any part or attachment is missing, so that you will know you did not ingest anything. ?If it was large, you would have felt it; if it was very small it will just pass through your body. ?Babies eat foreign objects all the time [not to mention dogs] and don't develop problems. You don't have much of a case. ?Yes, they were clearly negligent, but your damages are minimal. ?Tell them jokingly that you will trade the evidence for a couple of free drinks.... Read More

The answer to your question is yes, but from a practical standpoint it wouldn't be worth the effort to bring a claim. In Florida, you cannot sue a health care provider without first getting all of the medical records (typically at $1 a page) and then getting an opinion from a "similar health care provider" that the doc deviated from the standard of care (rarely costs less than $1,500) and the process is too fraught with pitfalls for you to try to do it yourself, so I doubt any lawyer will take that kind of case for the possible damages you're looking at.... Read More

Dear Writer, I am very sorry to hear about your unfortunate situation. I hope you are able to heal quickly.  In regards to your case, I would like to learn more facts and explore your options. I believe you may potentially have a case depending on what type of liability waiver you signed. Please email me at aric@aricwilliamslaw.com at your earliest convenience to discuss futrher.... Read More

Yes, you may have a case. The way you described the accident, it appears that this could have been 100% avoidable had the property manager used some common sense in managing the risk of accidents on the premises. The key issue that may win or lose your case is your damages. You were admited to the hospital with seizure like symptoms, and then released. If these symptoms re-appaer or get worse, then obviously you have damages. Based on the facts, I would definitely go get a full and complete checkup just to be on the safe side.I would be happy to discuss your case for free.   Steve 407-581-2581... Read More

If you have already obtained a judgment and if that judgement can not be collaterally attacked (fancy language for not being challenged on due process grounds, etc etc), then you dont have to sue anyone...You already have won your case. Now comes the collection phase. You can serve papers on the debtor and demand that he appear for a debtors exam.If he fails to show, then a judge will typically issue a warrant for his arrest.If he does show, then you can ask him to disclose all his financial info under the subpoena that he was served with. If he is a homeowner, you may be able to serve a copy of the judgment on the ins company that insures the home and demand that they pay. However every case is unique and I would have to sit down and discuss every fact and analyze the issues before giving you a sound opinion. The foregoing is a starting point on how these types of cases would proceed   Steve... Read More

Shanell: I am sorry to hear about your car collision and resulting injuries. A microdecompression is a serious surgical procedure.  In order to put a value on your case it is important to know the total medical bills, the amounts that have been paid by a collateral source such as health insurance or other sources such as medicare or medicaid. It is also important to know what the future prognosis is concerning your back/neck.  I don't understand what you mean when you say your "doc keeps forcing you to be fine." If you are saying that your doctor has told you that you injuries have reached maximum medical improvement (MMI), that means that your injuries have plateaued and that the doctor may be able to treat your painful symptoms but your condition will not improve substantially from where they are now.  If it is more likely than not that you are going to need a future surgical intervention, then that is relevant in determining the value of your case.  As far as litigation is concerned, you should have been consulted by your attorney and advised of the insurance company's final offer, if any, to resolve your case.  The decision to file suit is yours to make with the assistance and guidance of your attorney.  You may have executed a document to give your attorney permission to file suit.   You should schedule a meeting with your attorney to discuss the lawsuit and the possible benefits, risks, and costs associated with the filing of a lawsuit. Allstate may have low-balled you and litigation may be the best choice.  I do not have enough information to advise you as to whether the offer is a fair one, and I assume, your attorney explained this to you. If not, it is imperative that you meet personally with him/her to discuss your case in detail. If your attorney won't discuss your case with you, find an attorney that will keep you informed through regular communication from him/her and his/her staff.   ... Read More

This is not something that can be answered in this fashion. You need to consult with a Social Security Disability lawyer, or a general disability lawyer if you are looking for coverage under an employment based disability plan. Both type claims are routinely rejected before a lawyer is hired. The lawyer will need to review the medical records and disability evaluations to give you an accurate assessment. This is not my area of practice and I strongly suggest you find someone who specializes in these areas. Almost all lawyers will speak with you in consultation, free of charge. Good luck... Read More

Anonymous:  You, more than likely have 2 claims if you were in the course and scope of your job and your employer was not the at-fault driver.  You would have a worker's compensation claim and a claim against the at-fault driver and his employer.  Additionally, since this case involved automobiles, you will more likely be able to make a claim against your own car insurance company for no-fault (Personal Injury Protection) benefits.  You may have 2 different insurance companies that will immediately start to pay your medical bills- Your employer's worker's compensation and your personal injury protection benefits.  If you utilize your employer's benefits, they will send you to "their" doctor and he will examine and treat you.  However, they are usually very conservative and the doctor's may put you back to work when you feel you are not ready to go back.  If you utilize your own PIP insurance, you can see the doctor of your choice and they are a little more independent to correctly diagnose and treat you.  If you maintain both claims, your employer's work comp insurance will probably seek repayment of what they have paid from the recovery you receive from the third party.  It is critical that you consult a lawyer who is familiar with dealing with these issues to help you navigate these waters. Your case may require a lawyer to handle the worker's compensation issues and a lawyer to handle the claim against the at-fault party.   ... Read More