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Charles Shelton Philips
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Charles Philips’s Answers

7 total

  • What do i have to do

    i was hit from behind on my motorcycle in Mcdonalds drive thru.the person who hit me only has pip ins.. i have none. i have received injuries that i now know that there will not be nothing done because of florida law. every where i turn to seems ...

    Charles’s Answer

    The other party is required to carry property damage liability coverage in the amount of a minimum of $10,000.00. This coverage will pay for the damage to your motorcycle. An asset check should be conducted on the at fault party and a coverage affidavit filled out to verify that they did not have any other coverage for your situation. Additionally, ownership on the at fault vehicle should be investigated to verify that the driver with limited coverage is the only party you can pursue. If someone else is on the title of the car that hit you, or the driver jointly owned the vehicle with someone else, then you will want to investigate the other owner of the car for coverage through a theory of vicarious liability. I hope this information provides you with additional guidance.

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  • Should I hire a lawyer or just ask for a set amount of money for pain and suffering

    I was in an accident that involved a storage unit door malfunctioning and hitting me in the head, this resulted in having to have 5 staples put into my head to close the wound. I had some concussion symptoms that were bad for about 3 days and are...

    Charles’s Answer

    You should wait to resolve the matter until you have completed your course of treatment and everything has been done to fully treat your injuries. Only then will you be able to ascertain the full extent of all your damages, including out of pocket medicals, health insurance liens, pain and suffering damages, and future medical expenses if any.

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  • I was involved in an auto accident on 12/13 where a drunk driver rear ended me, my car was basically totaled but they fixed it

    and cost $4000, i have several bulging discs in my cervical and lumbar spine, the most pain comes from the cervical area, i have went to chiro, pain management and had trigger point injections in my shoulder blade area, i am due to have a cervical...

    Charles’s Answer

    Yes, you may pursue a claim for your out of pocket damages, lost wages, past and future medical expenses and your pain and suffering damages. You are fortunate in the fact that the other party has a 100k policy and you have 100k in UM coverage per your listed facts. You also have good liability on the other party as they were DUI. You should hire an attorney so that all your claims can be pursued. Good luck to you

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  • It is usually to have 3 lawyers working on the same case

    I was in a car accident about a year ago the first lawyer work the case for about 4 months, then he left the firm the second one that took the case over call me a couple of weeks ago telling me he's leaving the first. And told me if I have any que...

    Charles’s Answer

    If your attorney handling your case left the firm, then a joint letter should have been sent out signed by the departing attorney and a current attorney of the firm. This letter should have given you the New address and contact info of the departing attorney and the name of the attorney at the firm who would be taking over the handling of your file at the current firm. You then should have been advised of your options of, (1) leaving your file at the current firm for your representation, (2) transferring your file to the departing attorney if he/she is going to continue practicing in the area, or (3) taking your file to a new attorney to handle. Meet with the firm who currently has the file, as well as the departing attorney so that you can make an informed decision on what direction to take on your case

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  • Advise

    Good Day, a child ( 3 1/2 Months ) sustained a broken femur ( leg ) whilst in a daycare ( nursery ). It was said that another child jumped into the crib on the child causing her leg to fracture. Can the daycare be sued and what damages can be c...

    Charles’s Answer

    • Selected as best answer

    I am very sorry to hear about your child's unfortunate incident. The answer to your question is "Yes" the Day Care facility can have a claim brought against it if it can be shown that they failed to provide proper, or adequate supervision. Many issues would have to be looked at, such as number of staff present, training, what the staff was doing at the time, ages of children being kept together, etc. The first concern obviously is the treatment of your child with a good pediatric orthopedist. Then consult with an attorney who specializes in personal injury cases in your area. Good luck with this matter.

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  • Can I make a bodily injury claim against my own policy.

    In Florida, it is my understanding that if you are a passenger in your own vehicle and the driver is at fault, and also not a resident relative of my household, that this allows me to make a bodily injury claim against my own policy if I am hurt, ...

    Charles’s Answer

    No. You are excluded from making a bodily injury claim under your own policy as the named insured. However, you can bring a claim against the at fault party who was driving your vehicle if that person owned a vehicle that was insured with bodily injury liability coverage. If you purchased Uninsured/Underinsured Motorist coverage under your own policy of automobile insurance, then you would have a potential claim under that coverage as well. Consult with an attorney for further information so that your rights and options can be better identified and explained.

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  • Total loss on Vehicle and have not been paid for the loss.

    A family member of mine totaled my vehicle back in May (2013). He totaled the vehicle in Osceola county and left the scene with the vehicle on fire. I wasn't notified till 4 days later. FHP filed a case for the vehicle he did not hurt anyone but d...

    Charles’s Answer

    Assuming the damage was caused by a collision, if you had collision coverage on the vehicle then you can make a claim under your own policy of automobile insurance, subject to your deductible. If your family member owned a vehicle, then he should have had property damage liability coverage as required by Florida law in the amount of $10,000.00 which should cover the collision damage. If neither one of you had the insurance coverage needed, then you have the option of filing a lawsuit against your family member seeking reimbursement for your property damage.

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