Leland Eric Garvin's Answers

I was in a car accident and have an attorney, but have been just talking with the analyst and have questions?

I definitely agree with the other attorney as I would not want to give advice that was different from what your attorney recommends; however, if you are asking the question on here I imagine that your attorney might be difficult to get a hold of and at the same time there is nothing wrong with a second opinion. When law enforcement arrives at the scene of an accident they are often looking for an obvious violation of the law or do simply determine who was at fault for the accident and they...

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What kind of lawyer do i get if i want to sue someone for giving me herpes?

I would look for a personal injury lawyer who has some experience prosecuting sexual abuse cases. It is also a crime in Florida to knowingly transmit an STD under FL. Statute 384.21 so you could consider contacting the office of the state attorney or other law enforcement in your area. If you were to hire a private personal injury lawyer they are going to ask about what kind of collectible asserts (aka money) that the person who did this to you may have. If there is no money to collect then...

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How can I sue for an injury?

The fact that this was "accidental" may actually be beneficial for you as most homeowners policies to not allow coverage of "intentional" acts of their insureds. You may very well have a claim against her but I would need to know more about your injury and we would need to see a copy of her homeowners policy. My office is here in South Florida and I would be happy to speak further with you about your potential case. best of luck,

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Can I sue if I sustain permanent injury from a accident that was not my fault and is coverage is not enough?

Yes, the short answer is that you can sue.. To better answer your your question we would need to find out more information. I will assume that when you say "owner" you are referring to the person who caused the accident; given that we need to investigate if another person was driving the car or whether they were on an errand for another person or whether they have collectible assets. Further, the "owner's" insurance may have 10K per person which would allow both you and your passenger to...

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Had a car accident I was not at fault but I didnt have insurance it had lasped. My truck is total

It will depend on whether or not the at fault driver has insurance and even if the other driver has insurance; you may have to race down there and make a claim before they pay it to the other drivers. You should get the police report and see if you can find the insurance info of the at fault driver. Once you have this information (if there is insurance) I would call and send a letter or fax ASAP and in that letter you will want to include an estimate from a reputable body shop. Hope this...

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I was only charged with resisting w/o violence and have no prior offenses. How much trouble am I in?

Resisting arrest without violence is a first degree misdemeanor and carries a potential sentence of up to a year in the county jail. However, since you have never been in trouble before, you will be looking at a much lighter sentence. I would be more concerned with what this does to your record and not that you will end up in jail or facing a harsh sentence. As far as talking to an attorney, the sooner the better, an attorney may be able to negotiate a sentence that will save you a...

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What are the first and immediate things I should be doing right now as for my tampering/dui charges?

In addition to requesting the DMV formal review hearing I would also try to convince the state attorney that the Felony charge should not be filed. A law enforcement officer can arrest you for any crime that they believe has been committed; The State Attorney's Office will then determine if the facts are present to charge you with those offences. This case will come onto the State as a Felony and I would employ a lawyer right away to see if that charged can be dropped before it is filed....

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I got the BI limits tender, is my case worth my UM limits now?

I would definitely pursue the UM claim however you cannot accept the tender of the underlying BI without the consent of your UM carrier. It's not too late to hire an attorney assuming that you haven't already accepted the BI money (or have received the written authority of your UM carrier to accept the money) I would be happy to speak with you further as I would need more information to more fully answer your question. Best of luck,

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South Florida High rise building new paint on whole ramp- broke wrist question

Ouch, sounds painful. Must have been quite slippery especially since you were wearing sneakers. Based upon the facts that you provided it definitely sounds like the building is at fault and would be responsible for your damages. Did you guys file out an incident report when your husband first fell? I handle slip and fall cases in Miami and would be more than happy to talk further with you. Take care,

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What to do if I have personal injury claim over a car accident?

It looks like the previous attorneys may have answered some of your questions and judging from the quick response time you can imagine that you probably have a good case. Of course this all depends on whether or not the person who hit you has insurance or additional sources of recovery can be located. As far as filing a claim alone or with an attorney, I would urge you to find an attorney as it will most likely result in an increased recovery by you. An attorney can also help to make sure that...

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