Tonald Edmund Spinks's Answers

Friend was drving w/o a license, in a car his roommate bought but never registered. He was arrested, and has court.

I think your question would get a better response in the "criminal defense" section. But, from back when I did practice criminal law, your friend would likely be eligible for the misdemeanor intervention program (MIP) or something to that effect. In which he would have to pay a fine, do some community service, etc. But, the benefit would be the State would drop the charge after he successfully completes the program. At least that is the way it was done in Tampa, a few years ago. Again, you...

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Can an injured person's SOL run out, if they have retained counsel in PI case?

I agree with the above attorneys’ analysis, but would like to add in a typical case depositions are taken under Florida Rule of Civil Procedure 1.310. This rule states, “After commencement of the action any party may take the testimony of any person, including a party, by deposition upon oral examination.” As these depositions are after “commencement of the action”, the lawsuit would have to have been filed before the taking of depositions. Of course I do not know the details of your...

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What are possible consequences for FL criminal practices act statute 772.11

The Florida Civil Remedies for Criminal Practices Act has very few exemptions and it can be combined with other civil or criminal punishments, these facts combined with the ability for the award of attorney fees makes ignoring the demand a very dangerous proposition. I would strongly consider contacting an attorney who can review the details of this case with you before the expiration of the demand for payment. I have included a copy of 772.11 and a good article by Jeff Adelman regarding the...

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Can I file a claim for injuries that have developed after a car accident

If you were injured in an auto accident in Hawaii, you will need to obtain and fill out a No Fault (PIP) benefits application form from the insurance company. PIP insurance normally pays for medical expenses, lost wages, etc. that result from your vehicle accident. The law generally requires you to have sustained a certain amount of medical expenses before you can file a claim for mental anguish or suffering. Hawaii law also limits the amount of time you have to file a claim in court. You...

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Can i sue the home insurance or the estate

In your case generally, your mother’s estate has a duty of due care towards people who come into the house. If the estate failed to exercise reasonable care to prevent harm to you and you were legally on the property, the estate may be liable for any injury sustained due to your accident which occurred as a result of the estate’s negligence. The estate has a duty to use reasonable care in keeping and maintaining the premises in a reasonably safe condition and to warn of any concealed dangers...

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MY Daughter's Boyfriend was driving my car and hit a tree. Who pays his hospital bills?And who pays for my car's damages?

The driver's medical bills will likely be paid by PIP coverage (normally $10,000 limit) under your or his insurance policy. The physical damage to the car will be covered under the collision coverage of the policy. You should contact your insurance company and they can provide you with the details regarding the above types of coverage under your policy. Ed ---------------------------------------------------------------------------------------------------------------------------------------...

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Reported a neighbor for theft and now he is retaliating towards me--is there anything I can do?

In Florida it is a crime for a person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to withhold testimony, or withhold a record, document, or other object, from an official investigation or official proceeding. If you feel this is the case, you should contact law enforcement or the State...

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Child slipped & fell in grocery

The current law in Florida regarding slip and falls requires the owner or operator of a premises to use reasonable care to protect people invited on the premises from dangerous conditions of which they may have knowledge. It requires them to take reasonable care to eliminate known dangers by excluding visitors from the area or warning them of the danger. Florida Statute states "the person or entity in possession or control of the business premises owes a duty of reasonable care to maintain...

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I Slipped and fell last May The floor was wet and there were no signs, the rug that is usually at the front door was pulled away

I agree with the previous advice and would add the current law in Florida regarding slip and falls requires the owner or operator of a premises to use reasonable care to protect people invited on the premises from dangerous conditions of which they may have knowledge. It requires them to take reasonable care to eliminate known dangers by excluding visitors from the area or warning them of the danger. Florida Statute states "the person or entity in possession or control of the business...

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Who should i sue

If this accident occurred in Hillsborough County, information regarding how to file claims in small claims court is provided by the Clerk of Court at http://www.hillsclerk.com/publicweb/WorkArea/showcontent.aspx?id=1918 Additional forms are located at http://www.hillsclerk.com/publicweb/forms.aspx#CountyCivilSmallClaims Good luck, Ed From the desk of T. Edmund Spinks, Esq. P.L. 304 Plant Ave. S. Suite 100 Tampa, FL 33606 Phn: 813-254-2770 Fax: 813-254-2772 ed@spinkslawfirm....

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