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Tonald Edmund Spinks

Tonald Spinks’s Answers

41 total

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

    I know someone that had hired a lawyer for injuries in car wreck, the case is on going medical records, depositions etc.. But No actual Lawsuit filed. Are they protected regarding SOL?

    Tonald’s Answer

    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 situation, so this is just food for thought.

    I have included below a summary of Fla. Statute 95.11 regarding Limitations other than for the recovery of real property, which outlines the limits of actions in Florida cases.
    Professional Malpractice: For medical malpractice, 2 years from the date of the act giving rise to injury, or within two years from the date the injury was or should have been detected, but no malpractice action may be commenced more than four years following the act giving rise to the injury. These limitations apply to minors aged eight or older.

    Personal Injury: 4 years.
    Fraud: 4 years.
    Libel / Slander / Defamation: 2 years.
    Injury to Personal Property: 4 years.
    Product Liability: 4 years.
    Contracts: Written, 5 years; Oral, 4 years. Actions for specific performance must be commenced within one year.

    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.com
    www.spinkslawfirm.com
    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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  • Can i sue the home insurance or the estate

    i just had neck surgery because i slip and fall in my deceased mother house while cleannig it a step down in the untility room from the kitchen i fell in the untillity room, and needed 3 disk replaced in my neck can i sue the estate or the home in...

    Tonald’s Answer

    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 which are known or should be known to the estate and which are unknown to the individual.

    However, there is also a legal doctrine called the “open and obvious doctrine”, the basis of which is that if the nature of the dangerous or hazardous situation is or should have been open and obvious to the guest, the guest is expected to recognize the potential danger and protect themselves against it. Additionally, you would have to look very closely at the language of the insurance policy regarding covered losses. In that, if you are a named insured under the policy or live in the household, it is unlikely the estate home owner policy would cover this loss.
    _________________________________
    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.com
    www.spinkslawfirm.com
    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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  • Who should i sue

    My car was backed into at an auto body shop the same day I dropped it off. I was not present at the time the shop owner never told me till i picked up my car the next day. He didn't call the cops when the indecent happen he took down the guys inf...

    Tonald’s Answer

    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.com
    www.spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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  • My friend borrowed my car and totaled it, and was found at fault. Can I sue him for damages?

    My friend/neighbor borrowed my car and totaled it, causing a 3-car accident. He has no vehicle or insurance of his own. I have full coverage and took a settlement on my car. I have liability coverage, but if my liability limits do not cover the...

    Tonald’s Answer

    I agree with the above advice, but wanted to caution you, these matters become very complicated. Your insurance company will provide you with a lawyer to protect your interest if you are sued by the injured party. This lawyer can advise you regarding your rights and obligations.

    You may also seek consultation from a private attorney (not hired and assigned by the insurance company) regarding your options to pursue a claim for damages either against the at-fault driver, or perhaps your own insurance company, depending on how they decide to handle the claim.

    Best wishes for the New Year,
    Ed Spinks

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  • Can a military spouse take legal action towards the military for pain and suffering?

    My husband was given medication by a military doctor for restlessness and nervousness after going through training, He was very stressed out. So they gave him antianxiety medication. After a week noitced some abnormal movements which he never ha...

    Tonald’s Answer

    Unfortunately no, the Feres doctrine (named after the 1950 Supreme Court case) prohibits military members and their family members from suing the government due to medical malpractice. Unfortunately this doctrine serves to bar service members and their families from collecting damages for personal injuries to the service member. However, the Feres doctrine does not bar claims if negligence results in direct injury to a family (non-service member)member due to medical negligence or other claims. But, in the above situation claims are prohibited as the primary injury is to your husband, and not directly to you. There is a movement in congress now to allow for these type suits in medical malpractice case, but it has not passed and is unlikely to do so in the near future (in my opinion). Thank you and your husband for your service.
    Ed Spinks
    ___________________________________
    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.com
    www.spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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  • Is the Military in violation of Breach of Contract?

    I was wounded in Iraq, sustained multiple gunshot and shrapnel wounds. My original ETS date was 7/29/2003; more than 3 months before the Acting Secretary of the Army implemented a stop-loss program. I was deployed for Iraq March of 2003 without g...

    Tonald’s Answer

    Unfortunately there are a number of reasons you can not sue the military due to a stop-loss program. More specifically, it is authorized by Congress and in your enlistment contract. However, there was recent legislation that authorizes retroactive payment of $500.00 per month for those soldiers that were in stop loss status since 2001. The below Q&A is from - https://www.stoplosspay.army.mil/Docs/StopLossFAQS.pdf
    3. Who is eligible for the Retroactive SLSP? Answer: Service members, including members of the Reserve Components, former and retired members who, at any time between Sept. 11, 2001, and Sept. 30, 2008, served on active duty while their enlistment or period of obligated service was extended, or whose eligibility for retirement was suspended from one of the following: Contractual Expiration of Term of Service (ETS), Expiration of Active Service (EAS), or Reserve End of Current Contract (RECC); or An approved separation date based on an unqualified resignation request or Release From Active Duty (REFRAD) order; or
    An approved retirement based on length of service. Service members who were discharged or released from the Armed Forces under other than honorable conditions are not permitted to receive Retroactive Stop Loss Special Pay.
    Q4. How much is the payment? Answer: The amount of compensation shall be $500 per month for each month or any portion of a month during the period specified above that the member was retained on active duty as a result of application of the Stop Loss Authority.

    You should apply for these benefits as well as VA compensation and pension, if you have not already done so. Thank you for your service.

    S/F
    Ed Spinks
    ___________________________________
    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.com
    www.spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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  • Slip & fall IN THE HOSP visiting a patient, 2 of there own docs witnessed the fall.they took me to xray and ER billing me $1700

    I called each time a bill arrived got the runaround. Now 1 yr later collection calls and they runied my credit score which was 822.

    Tonald’s Answer

    The law of 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 the premises in a reasonably safe condition for the safety of business invitee on the premises, which includes reasonable efforts to keep the premises free from transitory foreign objects or substances that might forseeably give rise to loss, injury or damage". The statute further states that in any civil action for negligence involving an injury caused by a slip and fall incident on a business premises, the injured party shall have the burden of proving a number of facts including, but not limited to, proving that "the person or entity in possession or control of the business premises acted negligently by failing to exercise reasonable care and maintenance, inspection, repair, warning, or mode of operation of the business premises.

    If you feel the hospital is liable for your injuries, you should contact a local attorney to discuss the issue.

    Ed Spinks
    ___________________________________
    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.com
    www.spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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  • My mother fell in front of total wine store in clearwater fl, who is liable to help her with the medical bills?

    my mother fell and broke her knee cap in half in front of total wine store. Is only she liable to pay for her medical or is she elgible to get help from property owner.. Since she took the ambulance ride to the hospital where she had too have pins...

    Tonald’s Answer

    I agree with the advice Robert provided regarding this unfortunate situation. If you would like more specific information about Florida law about slip and fall / trip and fall injuries and how they apply to your particular situation, you may contact our firm for a free consultation 813-335-1458.

    Ed

    ------------------------------------------------------------------------------------------------------------
    From the desk of T. Edmund Spinks, Esq. P.L. 304 Plant Ave. S. Suite 100 Tampa, FL 33606 www.spinkslawfirm.com Phn: 813-254-2770 Fax: 813-254-2772 ed@spinkslawfirm.com Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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  • How much notice does a tennant have to give when moving out if there is no lease

    I need to know how much notice I have to give my landlord if I am moving out and do not have a lease. I have lived in this duplex for 3 years and am in the process of trying to buy a house.

    Tonald’s Answer

    If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.

    Therefore Florida Statute Section 83.57, F.S. explains termination of tenancy without a specific term:
    if rent is paid weekly --------- 7 days notice is required
    if rent is paid monthly -------- 15 days notice is required
    if rent is paid quarterly ------- 30 days notice is required
    if rent is paid yearly ---------- 60 days notice is required

    CAUTION: If you had a prior written rental agreement, ensure the is not a provision stating that, if not renewed it automatically converts to month to month etc.
    -Ed
    ------------------------------------------------------------------------------------------------------------
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100 Tampa, FL 33606
    www.spinkslawfirm.com
    Phn: 813-254-2770 Fax: 813-254-2772
    ed@spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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  • Insurance collection agency calling to collect on accident from 3 years ago. I was not ticketed. How should I handle this?

    I was involved in an accident in 2006 while living in Florida. The other driver was swerving all over the road. She swerved into my lane in front of me. I tired to get away from her car. I turned to check the blind spot so I could safely merge int...

    Tonald’s Answer

    If you had insurance at the time it is imperative that you inform you insurance company of this potential claim. If you do not remember which insurance company you had, you can request a copy of the accident report from the investigating agency (FHP, Police or Sheriff Dept), and the report normally lists both parties insurance information. Once you determine which insurance company you had, they will provide you with an attorney if necessary, and negotiate the claim with the other insurance agency on your behalf.
    -Ed
    ------------------------------------------------------------------------------------------------------------
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100 Tampa, FL 33606
    www.spinkslawfirm.com
    Phn: 813-254-2770 Fax: 813-254-2772
    ed@spinkslawfirm.com
    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    See question