Florida Personal Injury Legal Questions

OK so the standard of care that a property owner has to comply with is to make sure that their property is safe for people that they know or should know are legally allowed to be on their property. You should take plenty of pictures from different angles at the same time of day that you fell, whether that be dark or light, to prove that this was a dangerous condition that you could not or should not have been aware of. If it was in plain sight, and there was no car that was obstructing your view of this danger, then that would be a partial defense to your claim.  So it really depends on the exact circumstances of The condition of the danger, taking all factors into consideration to determine if it was an open an obvious danger. You should retain counsel on contingency fee to pursue your claim here in Florida, which means you do not pay anything unless you win your case. Also the value of your case would depend not only on the extent of the property owners negligence, but also on what damages you suffered. Did you suffer any damages that required medical treatment? Did you break a bone?  ... Read More

OK so if your girlfriends ex owns property, then any damages that he caused you could possibly be covered by his homeowners insurance policy. (Or renters policy if he rents or leases an apartment) This would be the case for example, if you were injured not through His intentional acts, but through any actions that you could arguably make that it was negligence. This is because homeowners insurance policies do not cover intentional acts, but only negligence. If for example, the police reports show that he did not intend to hurt you, but did so, through or by an accident, then the homeowners policy may cover your damages. Discuss your case in a private phone call with counsel here in the state of Florida. Some of us take these cases on contingency fee, which means you don't pay anything unless you win the case.   ... Read More

OK so the first thing you need to do is retain a lawyer here in Florida to send out a preservation of evidence letter via certified mail. This will put the nightclub on notice that any video that they have in their possession needs to be preserved for possible litigation purposes. Secondly, you should file a police report immediately so that you can create a paper trail and have the police department interview witnesses and interview employees and yourself when all the evidence is fresh in the minds of all involved. Thirdly, you should get treatment so that you also create a paper trail of any injury that you have sustained. I have done many of these cases, and bar fights between patrons or between bouncers and patrons usually have a liability policy limit of $25,000-$50,000. So it's important to take all the steps necessary to document your case.    ... Read More

I'm so sorry for the loss of your mother. I am not sure about your theories of liability howevr, the place to start is with a consultation. You will have to reach out because we cannot solicit you. We all give free consultations. Do not delay as there are deadlines  and they are relatively short.... Read More

In order to sue a tobacco company for COPD related to cigarette smoking, a few things need to be established pursuant to the case of Engle v. R.J. Reynolds Tobacco Co.: First, you must prove that the person was addicted to cigarettes; Second, you must prove that the cigarette adiction caused one of the smoking-related illnesses specified in the original Engle case (COPD is enumerated.) Third, and most importantly, you must establish that the illness was discovered or diagnosed by November 21, 1996. These cases are hotly defended by Big Tobacco and their legal team. All of the elements must be met or the case will be dismissed by the Court.    ... Read More

It wholly depends on whether there was an injury, which needs to be documented with medical treatment and records. If an injury was incurred, further investigation should be considered. There are requirements and deadlines for bringing claims, so if applicable, contact a Personal Injury Attorney for consultation on behalf of your husband. We cannot solicit- you will have to reach out. ... Read More

I am sorry to hear about this and hope that your son will fully recover. This is worth investigating to pursue holding the responsible party(ies) accountable. An attorney providing advice will need much more information than what you have provided and to go into the issues you have identified, the answer would be too lengthy. There are requirements and deadlines. That is why you must consult with an attorney without delay, who can interview you and explain the system and how it applies to you and your son. We all provide free consultations.     ... Read More

Generally, a party cannot contract away its own liability for personal injury damages caused by its own negligence. The contract would  be considered void as against public policy. However, some Florida courts have upheld these adhesion type contracts  ,but they must include language specifically referring to the negligence of the protected party. So you may have a case but the contract would have to be reviewed. Discuss in private with counsel here in Florida for possible contingency fee reprtesentation which means you dont pay anything unless you win.    Stephen Black, Esq 407-581-2581... Read More

The hotel should have insurance, and that does not really matter who purchases the building or who operates the hotel.  Since you say you are suing, I would hope that you would consult with your own lawyer on this, unless you are doing this pro-se..on your own.  Since there's a serious injury, if you do not or have not sought a review with an attorney, you should.  If you have a lawyer, follow up with him or her on this question.  ... Read More