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Andrew Needle

Andrew Needle’s Answers

6 total

  • Personal Injury Claim with Insurance Companies: Can a claimant self represent and process a lawsuit in Florida?

    Can a claimant self represent in a lawsuit? If and when this claimant decides to self represent, what pros and cons are there? Multiple car accidents so multiple UM policies are involved.

    Andrew’s Answer

    You can represent yourself so long as you are an individual and not a corporation. If you are not a lawyer, you cannot represent your spouse or child if they have claims. You really should have an attorney to level the playing field with the insurance company. They will have a lawyer and you will be at a serious disadvantage. If you are concerned about fees, the lawyer can represent you on a contingent fee and take a portion of the recovery as a fee so you will not have to come up with the money up front.

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  • Does my husband have any recourse against hospital?

    In may of 2010 , my husband was in severe pain in his lower left abdomen . He was taken to a hospital ER . His complaints to them were severe pain , and blood in his stool which he told them he had for approximately 6 months . He was given a ...

    Andrew’s Answer

    This is question that is much to complex to answer here. You will need the sworn opinion of a qualified medical expert to enter into Florida's Medical Malpractice Pre-Suit Screening process which is required by law. Most importantly however, you will need the assistance of an experienced medical malpractice attorney as soon as possible since it appears that there could be a statute of limitations issue. There is a two year statute of limitations for medical malpractice cases which began to run when your husband knew, or should have known, of the relationship between an injury and possible medical negligence. The failure to initiate Florida’s medical malpractice litigation procedures within that two year period will result in the claim being barred. You should also know that there is a requirement that a medical malpractice claim be brought within four years of the date on which any allegedly negligent treatment occurred, or within the aforementioned two years of the date of discovery, whichever is earlier. Finally, there is a procedure whereby a 90 day extension of the statute of limitations may be obtained by filing a written request with the Clerk of the Circuit Court where the action may ultimately be brought. This request for an extension must be made prior to the expiration of the original two year period, or four year period, whichever is earlier. The bottom line: you need to talk to a lawyer as soon as possible.

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  • If a lawyer can practice in your state does that mean they can practice in any court within that state?

    For instance , if a personal injury case happened in a particular county , can any lawyer that can practice in the state of Florida bring a suit into that particular county ? If a case goes to trial within that particular county is that lawyer ...

    Andrew’s Answer

    Any lawyer with a license in good standing from the Florida Bar can practice in any state court (as opposed to Federal court) throughout Florida. However, a lawyer with a license in good standing from the Florida Bar, can practice within the United States District Courts in Florida (Northern District, Middle District, and Southern District) only by requesting and being granted permission by that particular District Court. The standards differ from district to district, and they can even require special admission to the "trial bar" of the district to perform certain actions.

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  • Do you think it really matters what type of attorney a person retains in a personal injury situation?

    My child was struck by a vehicle while she was walking on the sidewalk of a busy street. The car lost control due to weather conditions, (light rain), and drove right up on the sidewalk. My child suffered serious head trauma, resulting in emergenc...

    Andrew’s Answer

    You absolutely must contact an attorney with considerable experiences and resources to deal with what sounds like a potentially catastrophic injury to your child. This type of cases requires an attorney experienced in dealing with multiple engineering, scientific and medical experts. Your current attorney can help you find such a person (or you can find them on your own- interview several) and check peer reviewed listings of lawyers,

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  • I thought I had UM Protection in my auto insurance policy but didn't , had an accident , person under insured . Now what ?

    I was the victim in an auto accident . I had asked my insurance company when signing with them if I was " fully covered for everything " they said yes . Apparently , in all the paperwork I signed with them , somewhere I waved UM insurance pr...

    Andrew’s Answer

    Firstly, you need to hire an attorney experienced in the this area. Among the considerations are whether you had a valid "waiver" of the limits and if you were adequately informed about what you were being asked to waive. If your agent did not adequately advise you, then you might have what is called an "errors and omissions" lawsuit against the agent for failing to fulfill their obligations when selling you the policy. Most importantly however you need an attorney to help you deal with the insurance company under these circumstances.

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  • I had an accident in 2007.When you have a personal injury case you can only go after the insurance coverage where you injured?

    I injured my ankle while playing soccer at my client's home.I was working with my client.I sustained a significant injury to my ankle. Haven't been able to work since.Did surgery and still need another surgery.I have lost more money ($156.000 in l...

    Andrew’s Answer

    There are circumstances in which you can recover more than the policy limits of $125,000.00 but in Florida it is generally very difficult. Firstly you will have to win your trial and obtain a judgment in excess of the policy limits. You can attempt to collect the excess amount from the assets of the homeowner, but you must realize that Florida is considered a "debtor's state" meaning that debtors have many ways to avoidpaying personal judgments that are not covered by insurance. Among the tools that can be utilized are homestead protections, protection against garnishment of the wages of the head of the family, and ultimately the bankruptcy court. Your lawyer should be able to advise you about all of these barriers to collection as well as a potential "excess judgment" action against the homeowner's insurance company if they have acted in "bad faith" in the handling of the claim.

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