Jonathan Hayes Groff's Answers

The homeowner's insurance refused to take a claim for a dog bite; they said that they dont cover that. Whats the next step?

Unfortunately most homeowner policies in Florida do not include dog bite coverage. I agree with the other lawyers, never believe the insurance company’s denial. If the bite is serious enough seek out a lawyer who can evaluate both your injury and the likelihood of collecting from the homeowner. Florida makes it hard to collect from someone’s personal assets, so unless the person has significant assets, the lawyer may well advise you it will not be economically feasible to pursue a claim; but...

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Doesn't my PI lawyer have to negotiate an excessive medical lein not just deduct the entire bill from my settlemet?

Your one question actually raises a number of issues. First, every personal injury lawyer I know will work hard to reduce the medical bills and liens. However, if by lien you are referring to a hospital lien, those are much harder to reduce, as many counties give hospitals a right of repayment even over your, or the attorney's recovery.. If it is government health lien, or a private health lien, those can be more difficult to reduce as will. There are formulas for how much they will reduce (...

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Accident cases

The only point I would add to the very good answers above is, under Florida Law you have THREE business days from the date you signed to contract to notify the lawyer in writing you wish to cancel the contract. If you do this, you will have NO fee obligation to the lawyer. You can then discuss with him a new fee arrangement.

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Can a spinal cage that was fractured during a automobile accident be considered under property damages.if so what case law

I assume you have interbody caging from a prior surgery that broke in the accident? That is not property damage, rather a very serious "personal injury". From my 25+ years handling personal injury cases throughout Florida, I expect you will have significant added future disability, not to mention considerable medical expenses from this trauma. Be sure find a highly qualified spine surgeon and retain a qualified personal injury lawyer to protect your rights. If you have any more questions...

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Hit in the back at a red light, other driver car total,I have head and neck pain my husb did not pay ins.premium what can I do?

It is unfortunate your car was not insured, but it does NOT at all prevent you from bringing a personal injury case for your injuries. If you suffer some degree of permanent injury from the accident, you are entitled to recover damages for pain and suffering due to the accident. The problem with not having PIP coverage is the at-fault motorist is not responsible for the first $10,000 of your medical bills. That is the amount of "no-fault" coverage (known as PIP) each motorist is required to...

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Who's at fault?

The homeowner is at fault. Parking on his/her property does not allow them to hit your car. They can call the city parking enforcement, but not hit your car. As an aside, if you were in the swale, which is the grass area bw the street and sidewalk that is usually if not always public land.

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Attorney's liability lapsed

Unfortunatly Florida has a 2 year statute of limitations. while very difficult to show, there can be exceptions; for example, we're the malpractice was intentionally hidden and you had no way of knowing. You will need to speak with a qualified attorney to go over your specific facts. as 4 insurance coverage it depends on the policy some cover only claims while the policy is currently in effect and others will cover claims after the policy lapsed but the acts which took place during the policy...

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Which amendment has been broken when one person was sent to a hospital but they issued the person a ticket from a car accident?

I have seen this situation countless times, in my 20+ years as a personal injury lawyer. It's amazing how often the seriously injured person who is not at the scene to speak with the officer gets blamed. Since the officer was not a witness, if the other person does not show for the traffic trial your ticket will almost certainly get dismissed, but I strongly agree with Christian, it’s usually worth hiring a traffic ticket lawyer to take care of it for you. If you are considering...

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Can I sue the insurance company?

Unfortunately, this is nothing unusual. Insurance companies rarely care about doing the right thing. Even if they know their driver is at fault, if think they can get away with denying liability, they will. See below before going out and filing suit, but oftentimes if you file suit the company will make you an offer rather then hire a lawyer. If you have photographs from the accident scene showing the position of the vehicles, or debris on the road, it is a swearing match. That appears to...

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Hit and Run, need an attorney?

I am not a criminal lawyer, so cannot speak with expertise on the hit and run charge. Under the circumstances you described however, I believe the correct procedure would be to remove yourself from the dangerous situation and thereafter immediately call the police to report the accident, and why you left the scene. As for damage estimate, $110 indicates barely a scratch. Hardly absurd. I would immediately contact a criminal lawyer and if there is the slightest chance the person may “claim”...

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