Bradley Winston’s Answers

Bradley Winston

Fort Lauderdale Personal Injury Lawyer.

Contributor Level 9
  1. Can someone make a written declaration or affidavit that contradicts their sworn deposition testimony?

    Answered about 3 years ago.

    1. Bradley Winston
    2. Christine C McCall
    3. Ron Renzy
    4. L. Maxwell Taylor
    4 lawyer answers

    "We agree with the lower Court that a party when met by a Motion for Summary Judgment should not be permitted by his own affidavit, or by that of another, to baldly repudiate his previous deposition so as to create a jury issue, especially when no attempt is made to excuse or explain the discrepancy. " ELLISON v. ANDERSON 74 So.2d 680, Supreme Court of Florida, 1954. Cheers, Brad Winston www.WinstonLaw.com

    5 lawyers agreed with this answer

    2 people marked this answer as helpful

  2. Question about Asbestos claim Statue of Limitations in FL

    Answered about 3 years ago.

    1. Bradley Winston
    2. Scott Patrick Distasio
    3. Barry A. Stein
    3 lawyer answers

    The statute of limitations on Florida for wrongful death is 2 years from the date you first knew or should have known of the existence of the cause of action. FS 95.11(4)(d). Brad Winston www.WinstonLaw.com

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  3. Ref a Case that was dropped in 2001

    Answered about 3 years ago.

    1. Bradley Winston
    2. Scott Richard Kaufman
    3. Christian K. Lassen II
    3 lawyer answers

    The statute of limitations for products liability and negligence is 4 years. The SOL for legal malpractice is 2 years. Since this all occurred 6-10 years ago I doubt that you will be able to overcome the limitations defenses. Also, if the case was filed within the applicable limitations period and was then dismissed with prejudice, you have been permantly barred from bringing it again. I'm sorry that this has not worked out for you. Brad Winston www.WinstonLaw.com

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. What is a fair sett. amt. for hotel negligence in slip/fall with a bump on the head, scraped elbow and a knee contusion with

    Answered about 3 years ago.

    1. Bradley Winston
    2. Lars A. Lundeen
    3. Lawrence Joseph Marraffino
    4. Christian K. Lassen II
    5. George M. Sachs
    5 lawyer answers

    You don't need a lawyer for this one. You could likely settle it for $1000-$3000 without having to pay a lawyer. Cheers, Brad Winston Winston, Clark & Wigand, P.A. 8211 West Broward Blvd. Suite 420 Plantation, FL 33324 954 475 9666 office 954 475 2279 fax 954 609 5977 cellular bwinston@winstonlaw.com www.winstonlaw.com

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  5. ON A SLIP AND FALL ACCIDENT, WHAT WILL HAPPEN IF THE HOMEOWNER HAS NO INSURANCE? WHAT WILL HAPPEN IN THE INJURED LAWSUIT?

    Answered about 3 years ago.

    1. Lars A. Lundeen
    2. Scott Richard Marshall
    3. Bradley Winston
    4. Barry A. Stein
    4 lawyer answers

    This is a conversation you should have with your lawyer. Cheers, Brad Winston Winston, Clark & Wigand, P.A. 8211 West Broward Blvd. Suite 420 Plantation, FL 33324 954 475 9666 office 954 475 2279 fax 954 609 5977 cellular bwinston@winstonlaw.com www.winstonlaw.com

    2 lawyers agreed with this answer

  6. Is this doctor malpractice/My workers comp was denied

    Answered about 3 years ago.

    1. Robert David Shapiro
    2. Barry A. Stein
    3. Kenneth Brian Schwartz
    4. Bradley Winston
    5. Daniel Paul Buttafuoco
    5 lawyer answers

    You also have a car accident personal injury claim against the driver and owner of the car that hit you. Under Stuart v. Hertz any treatment malpractice on a negligently inflicted injury is the responsibility of the driver that hit you. Call a good board-certified civil trial lawyer in your area. Go to my website and download my free book about how to find the right lawyer. Cheers, Brad Winston www.WinstonLaw.com

    1 lawyer agreed with this answer

  7. Slipped and fell at work, in building, but off the clock

    Answered about 3 years ago.

    1. Scott Richard Marshall
    2. Paul J. Morgan
    3. Bradley Winston
    4. Christian K. Lassen II
    5. Aaron P. Marks
    5 lawyer answers

    You have a Workers' Comp case. I'm not sure why lawyers not licensed in FL are answering your question, let alone asking you to call their office, but do call a local FL lawyer. I dont do Work Comp, but see my website for a free copy of my book "Making the Right Choice: A Practical Guide to Finding an Attorney". www.WinstonLaw.com. It's for sale on Amazon too but is free to Florida residents on my site. Good luck, Brad

    1 lawyer agreed with this answer

  8. Who has the burden of proof of affirmative defenses in a civil lawsuit?

    Answered about 3 years ago.

    1. Bradley Winston
    2. Barry A. Stein
    3. Michael Anthony Rossi
    3 lawyer answers

    The burden of proof in Florida civil courts is t"he greater weight of the evidence". This means the more convincing force and effect of the entire evidence in the case. The plaintiff has the burden of proving a prima facia case, and the defense has to prove its affirmative defenses by the same standard. Affirmative defenses admit arguendo that the plaintiff has a legally sufficient case, but constitute an avoidance of liability for a legal reason, for example, the statute of...

    1 lawyer agreed with this answer

  9. Is it required by law in the State of Florida to provide liability insurance coverage to an attorney?

    Answered about 3 years ago.

    1. Barry A. Stein
    2. Bradley Winston
    3. G. Glenn Warren III
    4. Scott Richard Marshall
    4 lawyer answers

    I agree with everything that Mr. Stein said above. If fact, I'm glad I looked at his answer because I would have told you the exact same thing. Best, Brad Winston

    1 lawyer agreed with this answer

  10. Can a repair shop hold a car for parts cost

    Answered about 3 years ago.

    1. Bradley Winston
    2. Dana L. Manner
    2 lawyer answers

    Yes they can. They have a mechanics lien on the car that arises under Florida Statutes chapter 713. However, if they did not get the estimate approved in writing in advance, or if there is some other valid dispute about the bill, you can go down to the clerk's office and bond the car out. Check out the Florida Motor Vehicle Repair Act, I think it's chapter 557. I suggest bringing law enforcement with you to keep things calm if you do bond out the car. If they don't sue your brother within...

    1 lawyer agreed with this answer

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