Bryan David Caulfield's Answers

Accident -- Not at fault, no citation, no insurance... Can I lose my license?

If the accident was not your fault, then you should not have to worry about losing your license for 20 years. I am not sure who told you that you could be sued in civil court and lose your license for 20 years. In order to be sued successfully, the accident has to be partly or totally your fault. Only then would you have to be concerned about losing your license for failing to have appropriate property damage insurance to pay for property damage you caused in accordance with your percentage of...

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Do I have a case for medical malpractice?

I think you need immediately to take action to preserve any remaining Statute of Limitations on your case. In Florida, the time frame within which you must bring a lawsuit against your doctor is two years from the date of the malpractice which can be extended by what is known as the "discovery" rule which allows you two years from the so called date of the discovery of the malpractice. In no event is this beyond 4 years. You must have your case immediately reviewed to see if there is a case....

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My girlfriend was recently involved in a car wreck. What type of lawyer do we need?

Your girlfriend violated Florida law by not having the minimum required auto insurance of $10,000 for property damage caused by her negligence in addition to PIP coverage which would pay for medical bills and lost wages she suffered regardless of fault in accordance with her policy. From what I understand, she clearly caused the accident but you have an issue with the amount of property damage being claimed by the insurance carrier for the Expedition that apparently paid for the property...

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Just settled a injury case through a mediation! About how long will it before I get my settlement back?

Congratulations. If your settlement documents do not state a time for payment, it typically takes 1 to 2 weeks for a settlement check to come. I suspect you may have more paperwork to sign such as a release document that will arrive with your settlement check. It will be necessary for your check to clear before your lawyer can give you your net settlement after fees and costs are deducted. This entire process can take 2 to 4 weeks generally. Some states have requirements that the check is not "...

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Can my 30 year old son and 27 year old son sue hospital for wrongful death of their father?

Unfortunately ,no they cannot. Florida's Wrongful Death Act lists who are considered "survivors" under the act, and specifies that they can recover those damages listed in the act. Unfortunately, since the children are above age 25 they are not considered survivors for a medical malpractice wrongful death even though they would be if it were any other type of wrongful death and there was no surviving spouse. If he was married at the time of his death there would be a potential case for the wife...

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Hello I read a topic here on oxygen loss and brain injuries. Well during the delivery of my son he went into distress and was

I am sorry to hear of your situation and the fact that your son may have permanent injuries from his birth. Your case should be reviewed by an attorney to determine whether there was medical malpractice and whether and what type of injury was suffered by your son during his birth. The question of whether a lawsuit can be brought may well be determined by the determination of what type of injury he sustained. Your son may be covered under what is known as NICA or Neurological Injury Compensation...

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I slipped and fell on a Hotel Curve

You have up to 4 years after the accident to actually institute a lawsuit against any negligent parties that caused your fall. Many cases are settled before that without a lawsuit ever being filed. You cannot however begin a lawsuit after the 4 year period. If you intend to file a claim it is a good idea to immediately preserve evidence such as the video of the fall, take photos of the area, and to retain the witness names and formally report the accident to the Hotel Management. It is also...

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I was in an accident n when the driver hit me they did not immediately stop.i had to follow driver beeping horn n flashing my

Sounds like it could be Hit and Run but based on the circumstances in the opinion of the Police Officer, that charge might not hold up. Perhaps he based that on an earlier experience he had in traffic court. In any event, it sounds as though he did charge her for some infraction and if she attempts to fight that ticket, you will know because you will be subpoenaed to testify against her. Her insurance company should pay for your Property damage and the fact that you did not seek immediate...

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What proof is needed to confirm that a car was stolen by an aquaintance? My car was hit and the driver was "a friend" of owner.

The claim by the other owner that the car was "stolen" is fact specific and will likely require a great amount of discovery to determine all the facts and circumstances surrounding the night of the accident, the relationship between the owner and driver, and the prior use of the vehicle. There is not one fact alone that will prove or disprove it. Putting both the driver and owner under oath and asking questions will be a likely step if the owners insurance company fails to pay, claiming the...

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The individual insurance company who hit me paid out a payment and my laywer took his cut. Can he get paid again from myinsuranc

Your question sounds as though your lawyer is receiving two settlements arising out of your accident from two different entities and therefore they would be entitled under Florida Law to two separate contingency fees, one for each settlement. This of course presumes that you signed a standard Florida contingency fee contract for personal injury cases. It is not uncommon for you to receive one settlement from the at fault party(ies), and then a separate and additional recovery from your own...

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