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Andrew Yale Winston

Andrew Winston’s Answers

14 total


  • Lawyer turned me away, I feel wronged, and I do not know who to turn to to be responsible for medical practice

    Hello, I visited a massage therapist and he performed forceful spinal manipulation causing the bones to move. I was informed by another massage therapist that I should consult a lawyer because it was wrong for him to do so. I have been suffering...

    Andrew’s Answer

    A significant factor in our Firm's decision to not handle certain medical malpractice cases is the current and past effort of the malpractice insurance industry and certain Florida legislators to pass new laws that would limit damage awards and which would otherwise greatly restrict the ability of injured patients to hold healthcare providers accountable. These proposals, and the publicity surrounding them, have created an unfair playing field in Court for victims of medical negligence. Jurors who have heard of these proposed laws and unfair stories about medical negligence cases are reluctant to award damages against doctors and hospitals. In turn, we have to be very selective on the cases that we handle.

    There have been several proposals by the insurance industry to limit a patient’s right to bring a cause of action in the state of Florida for medical negligence. These include putting a cap on the amount of damages that the injured could receive, no matter how abhorrent the healthcare providers’ treatment and conduct. Because of these repeated and ridiculous attempts by insurance companies and legislators, we are unable to represent truly injured clients, such as yourself, for what I believe may be legitimate medical negligence claims.

    I would strongly recommend that you become involved in fighting for legislation that would make it possible to obtain justice in cases like yours. I also encourage you to contact the Florida Justice Association, a patient/consumer advocacy organization that strives to provide a voice for healthcare consumers. They focus their energy on educating legislators and the public about the healthcare risks and the reason why patients turn to the legal system for a remedy among other things. One of their goals is to make others understand that Floridians often have legitimate causes of action, which warrant access to the Civil Jury System. If you would like to get involved and to be heard, please contact Florida Justice Association at (850)224-9403.

    You should be aware that medical negligence cases in the State of Florida are governed by a statute of limitations. The statute of limitations begins to run on the latter of the day of the complained negligence or the day that negligence is discovered by the patient, assuming that the patient exercises ordinary care and diligence to make that discovery. The statute of limitations period is two years. Any claim which is not filed prior to the expiration of the statute of limitations is forever barred. Accordingly, if you wish to pursue this matter, you should place it in the hands of another attorney immediately. Different attorneys review potential cases from different perspectives, so it’s always advisable to contact more than one law firm.

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  • Can I sue for the money I spent to fix up my car that just got totaled while I was waiting at a stop light?

    I was sitting at a stop light in the left lane about 7 cars from the front. A teenager driving a toyota sequoia at a high rate of speed in the other lane hit the median and ramped off a lincoln MKS flew over 5 cars landed on a honda civic in front...

    Andrew’s Answer

    If you were injured in this horrible accident, contact a lawyer who will represent you on a contingent-fee basis (no recovery for you, no fee for the lawyer). Many firms will assist their personal injury clients with their property damage claims free of charge.

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  • My son 's vehicle was parked in the assigned employee area at the Target where he works. It was hit.

    . Target's video of the parking lot shows another employee hitting the car causing damage. HSon has been advised that Target can not tell him who the employee is. They want to inform the employee and have that person own up to what they did to m...

    Andrew’s Answer

    Contact the police, have them meet your son at the scene of the accident to complete a traffic crash report. Advise them about Target's position regarding the security tape and request they obtain the information from Target.

    Also, you should send a letter to Target demanding they preserve the video tape and disclose the identity of the person who damaged your son's car. Send it certified, return receipt requested.

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  • I was backing out of a parking spot. The lanes were two way and someone hit me going down the lane on the wrong side.

    I was in the 3rd spot from the top, my car was totally visible, I looked before I started to back out, there was nobody coming down, then I looked behind and nobody was coming up, both lanes were totally clear. I started to slowly back out and ba...

    Andrew’s Answer

    It sounds like you should fight the ticket. Remember, the police officer or public safety officer that issued the citation was probably not a witness to the accident. Try contacting a skilled, experienced traffic lawyer to fight the ticket, as he/she should be able to point out to the Judge or Magistrate your version of the facts.

    Additionally, you should consider making a claim for your property damage (and personal injuries, if any). Contact a firm that specializes in insurance claims and personal injury for assistance.

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  • How much shall I sue for someone who is slander my character in Florida

    I have an individual going to my church and throughout the city and made copies of my arrest record given it to people saying, I am a child molester, he has destroyed my character and I am self employed and I have lost many clients. I was not even...

    Andrew’s Answer

    In Florida, unlike some other jurisdictions, you need not sue for an amount certain. Instead, you must allege a minimum damages amount. For instance, you must allege your damages exceed $15,000.00 to trigger the jurisdiction of the Civil Circuit Court, the highest trial court level in the state.

    If you have actual damages, those are quantifiable. Often, damages to reputation are difficult to quantify. Accordingly, if the defamation has damaged your business or profession, you may be able to claim damages "per se".

    In any event, your first step should be to consult with a lawyer in your area. This can be a complex analysis.

    Good luck.

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  • Getting a second opinion regarding medical malpractice

    Is it possible for me to get a second opinion regarding my case even after hiring a lawyer on a contingency basis? I am not pleased as to the progression of my case nor the direction my attorney is taking.

    Andrew’s Answer

    Of course. There is no legal prohibition to consulting with another lawyer. I would suggest you first meet with your current lawyer and address your concerns to him/her, however.

    You absolutely do not need to discharge your current lawyer before seeking another opinion. Why would you do that? What if the second (or third) lawyer you consult advise you that, in their opinion(s) your current lawyer is doing a good job and you should stay the course?

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  • My neighbor hit my car.

    While moving my car due to an emergancy I parked in front of my neighbors driveway, she later came out climbed into her car and without looking and backed up into my car. She stated that she did not see my car thier. I was in the street just block...

    Andrew’s Answer

    I agree with the prior two answers. Florida is a "comparative negligence" state, meaning fault will be apportioned between all parties (and most non-parties) involved in an incident.

    In this situation, it certainly sounds like your neighbor is partly responsible, and you may be partly responsible.

    Make a claim, but try to be realistic about apportioning fault.

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  • In a Civil lawsuit, I am in the middle of Discovery and have ordered into Mediation. Can discovery continue?

    Court has ordered me into Mediation on a false civil lawsuit. Being in the middle of discovery, do I have to put the process of discovery on "hold", till after Mediaition, or can I continue to collect information?

    Andrew’s Answer

    I agree completely with the other responders. However, I'm curious as to what you mean by "false civil lawsuit".

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  • Stolen Car in Shoppin Mall's Parking lot; Do I have a case?

    My car was stolen in a large shopping mall's parking lot where I'm employed. I advised a security guard that was sitting in his car by the entrance immediately about the incident, but they acted, in my opinion, very inadequately. They told me they...

    Andrew’s Answer

    Probably not. Such a short delay in responding would likely have made little difference in solving this crime. Moreoever, calling the police yourself was certainly something you should do immediately in this situation.

    It is possible there may be some liability on the part of the mall for failing to maintain adequate security, but that would be a difficult case.

    Good luck.

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  • Car in husbands name. Son handed over keys to another to get something out of car. Individual took car with another person and

    went for a joy ride totalling the car. Injury of passenger. Being sued. Can they go after assets if they are in the name of the spouse who is not on the title of the car?

    Andrew’s Answer

    If you have insurance, turn this claim/lawsuit over to your agent for handling. It is what you paid premiums for. Your insurance carrier has a duty to defend and indemnify you.

    If you do not have insurance, seek defense counsel on your own--you have defenses available to you. If your husband ignores this, and a judgment is obtained against him, jointly held assets are likely not attachable. However, in Florida, if you do not comply with the Financial Responsibility laws regarding maintaining minimum insurance, he may lose his driver's license and any vehicle registrations until the judgment is satisfied.

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