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Peter Scott Van Keuren

Peter Van Keuren’s Answers

186 total


  • If you file a circuit lawsuit against a business, does it matter which form you use?

    If you file a civil circuit lawsuit against a business, does it matter what form is used to serve them as long as it states a lawsuit has been filed and they 20 days to respond? Does it matter if it states that it is served on an individual or if ...

    Peter’s Answer

    • Selected as best answer

    You are required to state your claim in short plain statements of fact in a document called a Complaint. In addition you submit a summons in the proper form (in 3 languages) to the clerk who issues that for service on the defendant. You also need to complete a civil Action cover Sheet, which is also a form document. In circuit court the judges will not be able to assist you as a pro se litigant and litigation is very technical and complex. You really should consider speaking with an attorney before taking this on on your own.

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  • How much compensation can be expected from an auto accident with neck & back injuries upon settlement?

    rear ended at stoplight by delivery truck

    Peter’s Answer

    Your question is impossible to answer. Many variables are involved in evaluating the personal injury case including the age of the claimant, amount of medical bills, pre-existing conditions, general health, liability for the incident, need for future care, impact on ability to work, types and amounts of insurance coverages available, etc.

    Please find a local personal injury attorney to assist you

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  • Its been two years and five months now since my accident not happy with the firm i'm with if you call it that.

    now my lawyer tell me they offered me fourty thousands dollars over the phone i haven't been to mediation yet i said no because of lawyer fee's and doctor bills. should i fight for more money still haven't been to mediation yet. or go with another...

    Peter’s Answer

    The time it takes to resolve an injury suit is extremely variable and no one is able reasonably say our lawyer is not doing a proper job representing you. The good news is that the other side has made an offer. It appears from your question that the mater is in litigation. Litigation of claims does extend the life of the matter for many of reasons. Once a case is placed in litigation, it typically takes more than 1 year to get to trial.

    Mediation is a process used to evaluate and settle cases with the help of a third party. The timing of the mediation may be an important consideration to your lawyer. You need to discuss your concerns with your lawyer. You need to find out what value your lawyer places on your claim, and you need to discuss your own expectations regarding settlement value.

    If you switch lawyers, you may delay the resolution of your case and you may end up paying more both your current and the next lawyer their fees thereby diminishing the amount you personally recover. I would suggest you stick with your current lawyer until such time as you have have these discussions and totally lost faith in them.

    Good luck!

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  • Can I sue the gas station I was robbed and attacked at??

    In December of 2011 i was attacked and robbed by two women, due to the trauma i ended up in a crisis center (New Horizon Community Mental Health Center)for depression and anxiety, i was put on medicine for depression and am currently still under t...

    Peter’s Answer

    A suit can be filed but your chances of success are not guaranteed. Generally, the issues will involve the foreseeability of the attack by the owner of the property. If similar events have occurred at the property the owner may be liable for failing to warn or take protective measures for its customers. If this is the first event at the property, but the property is located in a particularly dangerous location the owner may also have liability based upon the dangers inherent in the neighborhood.

    If this is the first event at the property, and if the neighborhood is not particularly dangerous, you may have a difficult time establishing that the owner should have foreseen such an attack.

    Even if you prove the owner is liable, you must prove that you sustained legally compensable damages. This will entail a complete review of your physical and mental health history and records.

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  • My daughter was driving my car and rearended someone on highway one of the passengers died as a result

    other attorney sent my ins co financial affidavit there is no lawsuit yet should i fill it out?

    Peter’s Answer

    That is a tricky question and I think you need to speak with a defense attorney before making any decisions. Your insurance company is most likely obligated to defend you if suit is filed and perhaps they can assign an attorney now to assist you. Otherwise, you may need to retain a private attorney to consult.

    You financial condition is really only relevant if your liability policy limits are low or if the damages claimed are catastrophic. Your question leaves many open variables. If your limits are high, and the damages minor, it may not make sense to complete the form. On the other hand, if you have few assets, a Plaintiff attorney, relying on your affidavit, may settle for the insurance proceeds and not pursue you individually.

    Find a trusted attorney to speak to about this issue.

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  • My daughter was a witness to a murder but she does not want to testify she is 17 and someone is trying to summons her through me

    does she have to testify

    Peter’s Answer

    Both the State of Florida and the Defendant in such a criminal case have the power to subpoena witnesses for deposition and to appear at trial. The Defendant has a constitutional right to confront witnesses that testify against them and the State has a strong interest and obligation to pursue such charges when appropriate. Your daughter, as a minor, may be entitled to some court imposed protections regarding her testimony, but I would think it not in her best interest to disregard a subpoena.

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  • Do landlord have to 5 days after process server serve the tenant the summon to ask for a motion for default or 5 days after ROS

    Is it 5 days after the serving the summon or 5 days after the return of service was made to the clerk of court that a landlord can petition the clerk of court for a motion of default if tenant does not answer the summon.

    Peter’s Answer

    The 5 day period for the tenant to respond to the eviction lawsuit begins running when the tenant is served.

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  • For $10,000 malpractice lawsuit, Should I request jury trail or non-jury trial? What are advantages and disadvantages?

    I am in process to file for a legal malpractice lawsuit, against the “A” Company, to recover loses of $10,000.00. Should I request jury trail or non-jury trial? What are advantages and disadvantages? Thank you, and I hope to hear from you soon.

    Peter’s Answer

    • Selected as best answer

    It is much easier for a pro se party to try a case non-jury. The trial court will make the final decisions in the case and the law allows the trial judge, in a non-jury setting to allow in more evidence than it could allow to a jury. The theory is that the judge is able to sort through and consider the evidence and give it the weight it deserves.

    Non-jury cases can be tried quicker because in a jury trial you will need to select your jurors which can take a full day or more. Jury selection is a special trial skill that most lay people do not understand. You will also need to prepare jury instructions for the end of the case based upon the law and the evidence presented. This is not something a lay person has the skills to adequate prepare or review.

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  • I got a ticket with accident. Can I get pictures of the car that hit me from my ins co.

    I want to fight this ticket in court and would like to see what pictures they have of the other car that I say hit me. Can my ins co give me them.

    Peter’s Answer

    If your insurance company has photographs of the other vehicle they might provide them to you but they are under no requirement to do so. Generally, your insurance company will obtain photos of your vehicle, if you have collision coverage and they will usually share those photos with you. There is no real reason why they should not share photos of the vehicle with you, if they have them, but some insurance companies are simply not that helpful. If you speak to your adjuster, you can explain that you are fighting teh ticket and would like the photos for that reason. They may actually benefit if any other claims are brought by the other party if you prevail on fighting the ticket.

    Good luck.

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  • Am i covered if the other person didnt have insurance at the moment of accident?

    I had an accident yesterday,the other car ran itno my back of my car,he didnt make his last payment on his insurance and they said that they cant do anything unless he makes a payment..Im insured and police wasnt involved. What should i do?

    Peter’s Answer

    You need an attorney quickly. Your Personal Injury Protection benefits are available but you must receive treatment within 14 days or they are gone. The other vehicle's insurer cannot cancel the policy without appropriate notice. Don;t try to handle this without professional help.

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