Sample Q & A From Avvo.com

Q:

How long do i have to sue the insurer of my car accident if he was at fault? What do i need to do?

I was in a car accident front head collision and my car got road off. I've been dealing with my injuries since 2 and half years and he was driving without any break and bad tires and numerous of tickets. He ran into me passing another vehicle down a hill full force. I still have flashbacks and anxiety. What are my chances are of winning? Will the amount be worth it if I pursue to sue? I am sign off of work bc of my injuries and I'm dealing wih a lot of pain.

A:

The general answer to your questions follow :

In Florida, you have four ( 4 ) years to file suit in a 3rd party claim against the driver and owner(s) / five ( 5 ) years in an uninsured/under insured claim against the appropriate insurer(s).

It sounds like liability is not an issue here .

You may have sustained a significant injury which causes you to miss work due to the accident 2 1/2 yrs later.;
more information is needed here regarding what we call medical causation and damages.

You have not provided diagnosis and extent of your medical treatment as well as the total amount of medical bills & lost wages. Further, are there any other injuries or conditions which can be blamed for your current condition apart from the accident?

Regarding what you need to do, chances of winning and is it worth it :

You should definitely consult with a Florida personal injury / car accident attorney who will happily evaluate your case and address your other concerns based upon some additional information which only you can provide at this time.

My best to your success in this matter,

Loren Gold

 

 

Q:

I work at a grocery store and had a spill and fall inside a cooler and cut open my face. It was related to a wet floor inside the cooler do to a leak on the roof. The store had multiple slip and fall of costumer do the roof leaking in the store at different places. It happens when it rain the cooler fills and no matter how many time you mop it stays wet do to the moisture inside. I have been out of work for over 4 mouth but have been getting works comp. Was told by a lawyer that I can't sue my employer because of works comp. But if somebody fixed the roof wrong then I can go after them. Told management about the leak and was told that the property owners are the one that fix that and they just pass the info of the leaks or other structural problems to them to fix when they want.

A:

In general, the property owners and any other party responsible for maintenance and repair of the building inside and outside and maintenance and repair inside and outside of the cooler may be held responsible, provided they are not immune to suit as you point out.

The potential Defendants in that claim would be subject to a different standard of care, and additional remedies may be available to you that are not available through the comp system, i.e.: pain & suffering and disfigurement.

Both cases can be pursued at the same time, although they must be pursued separately.

Contact an experienced Personal Injury Attorney who handlles injuries in FL due to negligent building mainteance and repair.

 

 

Q:

Do I have a case against my son's aftercare facility?
 

My son (6) was pushed from part of the playground at his aftercare and broke his arm. Noone called me to notify me that my son was crying and complaining that he couldn't move his arm. I arrived at 6:20 to pick him up and was then told what happened. They told me they put ice on his arm.. When I saw his arm, it was bent and visibly broken. Went to the ER where he got an X-Ray and was put in a cast. The next day, I went to the aftercare and asked for the accident report which stated that the incident happened at 4:30. My son was sitting there with a broken arm for 2 hours and no one called me. I am upset because when I told them this they claimed they did call me and it went to voicemail. No messages were left, none of the other emergency contacts were called. Is there a case?

A:

This is a very unfortunate incident and I hope for your son's full recovery without any complications.

Definitely need further investigation here, regarding surrounding facts before and of the incident as well as all parties involved.

Consult an experienced Personal Injury Attorney handling FL cases to inform you what is involved in bringing a claim on behalf of your son (a minor) in general and the specifics for this type of case.

 

 

Q:

Slip and Fall at Walmart in West Palm Beach Florida
 

I was shopping at Walmart and went to the oil isle and got some oil. I then left that isle and rounded the end of the isle and started down the next isle. When a rug runner that was in front of the counter went right out from under my feet. I fell on the floor and hurt my back and numbness in my left leg and I have headaches. This happened Sunday and I tried to go to the chiropractor but even with my insurance they want $143 and I do not have that to spend. What should I do? I have photos I took of the carpet and floor. The carpet was sitting on top of oil or water. I have a picture of the back of the rug runner really wet. Need help and advice.

A:

My General advice is to seek ER treatment for this type of incident and injury.

Additionally, your policy may have a lower or no co pay at all for this type of care as many insurance policies do not provide the best coverage for chiropractic care.

Seek consultation with an experienced Personal Injury Attorney that handles FL cases.

 


Q:

I fell in a hole while walking my dog and HURT my knee and ankle at the hotel we are staying at
Could not see the hole come to find out it was a hole for the gas thing here that had not been maintained properly I have pictures of it and I'm having to go to the ER for my leg what can I do

A:

My basic general advice for your type of incident follows:

Give accurate accident and injury history to ER.

Provide your health insurance.

Follow instructions given by ER.

Report the fall to the Hotel and obtain a copy of an Incident Report.

Do not give any type of statement or recording beyond the basic scope above without consulting attorney.

Obtain witness information.

Preserve your shoes as evidence for later if necessary.

Consult with an experienced Personal Injury Attorney that can handle slip / trip and falls in FL

 

 

Q:

My son who is special needs,and in a after school program for kids like him was brought home injured (he had broken 2 bones in his arm) I was never notified,and there was no incident report,I had later found out that he was not being superved and he fell due to him not being watched and because of there floors,I lost my Job due to this..

But what I don't understand is that my attorney said he is not going after the school bord(this program is on a public school property) but he his going after the programs insurance company because he said they have a million dollar payout(witch I don't understand)and our letter for demands went out two weeks ago for 90,000 and my attorney says he doesn't think we will get anything near that and i don't seem to understand what the process is

A:

I am sorry for your son's injury, especially due to his need for special care in the first place, and ironically winding up injured due to lack of supervision from the special care giver. I hope he makes a full recovery.

As the client, you have the authority to accept or reject any settlement offer received. However, after that, a judge will most likely need to approve the amount of any settlement and proceeds for your son's benefit.
The attorney's result will need to withstand such scrutiny, and you will be asked to comment on the job he did and confirm your understanding that the result is in the best interest of your son.

That being said, make sure you understand what the total value of your son's case is and how that value is determined. There are many variables to consider when evaluating a case, concerning what are termed economic and non-economic damages. Ask your attorney to break it down to the basic parts so you can understand how it all adds up.

If you do not agree with his evaluation and strategy, you can protect your son's interest by seeking another legal opinion from a Personal Injury attorney that handles injuries to minors in Florida.

I hope the best interests of your son are served and that this provides some help in that regard.

 

 

Q:

If I do not have uninsured auto coverage will an Umbrella Policy cover medical bills from an accident?
 

Adding uninsured motorist coverage to my auto policy will double my premium. I would rather spend the money on an Umbrella Policy. Not sure if the Uninsured motorist insurance has to be in place, to be covered by the Umbrella.

A:

In general, my recommendation to my clients is to carry the maximum UM/UIM affordable. You will need to have at least equal the amount in BI Liability since the BI amount determines the maximum amount of UM/UIM offerred.

Even if you can elect UM/UIM on an Umbrella without it on the primary policy, practically speaking, you would be without UM/UIM at least for the 1st $300,000 in losses or $500,000 in the case of some companies, which require $500,000 underlying coverage.

 

 

Q:

I am looking for the best attorney in Florida to represent me in a insurance adjuster bad faith case. My work comp adjuster committed fraud in the handling of my case that lead to her termination from Sedgwick CMS. The 6 month delay in treatment, according to my doctor, has made my condition worse and lessened the chance of a full recovery. 

A:

Such a remedy does exist in Florida and would be viable under certain circumstances. 

To begin with : 

How did the accident happen? 

Who are the parties involved? 

What medical treatment have you received? 

What is your current medical condition and what is your current medical treatment? 

What would have been a proper course of treatment and what would have been the expected recovery? 

What is your expected recovery at this time? 

What are the damages attributed to the accident and what are the damages due to the adjuster's behavior and delay? 

You should contact a Florida Workers' Compensation attorney for a free consultation and discuss all of the aspects of your Workers' Compensation claim. 

Further, you should seek a free consultation from a Florida Personal Injury Attorney to determine if there are any 3rd party liability claims to pursue as well as discuss the possibility of bringing a bad faith action under the circumstances of your particular case. 

My best to you, 

Loren Gold

 




Loren Gold is a Personal Injury lawyer in Plantation, Florida, who can assist with all car accident, slip and fall, wrongful death, and work related cases. Located in Broward County, he serves state wide in Florida and can also represent your interests as either your Personal Attorney or as Co-Counsel in any other matter.