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Clifford M. Miller

Clifford Miller’s Answers

3,247 total


  • What’s best in a civil suit answer or motion to dismiss ?

    Clifford’s Answer

    If there are no legitimate grounds for a motion to dismiss you should answer. If there are legitimate grounds and they the Complaint cannot be amended to correct them, you should move to dismiss. Otherwise, it is a judgment call. I might answer and raise some of the valid grounds as Affirmative Defenses.

  • How how do I deal with an adjuster?

    Clifford’s Answer

    I don't think you (or a lawyer) will be able to do so satisfactorily, especially if the adjustor is from GEICO or Progressive. You will have to sue.

  • Looking for help with legal malpractice

    Clifford’s Answer

    If you did not retain the lawyer or the lawyer's firm, what was signed did not bind you. So, the consent judgment could be set-aside. There is no malpractice. There is a claim for forgery (or something similar) though.

  • What is this and what I should do for Subpoena ad testificandum commanding me to appear a court?

    Clifford’s Answer

    Not a hard question. You should appear as ordered. If you have criminal exposure, talk to and possible take a lawyer with you.

  • Is it legal to talk to my lawyer about info i googled from the person who hit my car and hurt me?

    Clifford’s Answer

    Why not? Using Google is legal. Talking to your lawyer about it is a good idea. You lawyer can run a more in depth search for you through Accurint, TLO, etc.

  • How can I find out how much money my lawyer received for me in my order admitting mediated settlement agreement?ARCHIVED

    Clifford’s Answer

    I suggest you grieve the lawyer immediately. http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/dbac6623cf5c015f85257a3f0060b781!OpenDocument No disbursals are allowed without a closing statement signed by both lawyer and client.

  • How do I file a claim against someone else's insurance who was at fault in a car accident?ARCHIVED

    Clifford’s Answer

    You need to get medical treatment soon. If 14 days pass from the date of the crash with no treatment you forfeit all PIP benefits. You (or your lawyer) should determine if the other driver has insurance or assets or both. Finding witnesses and getting statements would be nice.

  • If other party's attorney in family law case is trying to prolong case with discovery can i file protective order?ARCHIVED

    Clifford’s Answer

    You can file whatever you want. the clerk will take it from you. The name of the motion is not very important. But, success is another matter. Make your best argument.

  • At the hearing to set final hearing, can other side request a date four or five months away?ARCHIVED

    Clifford’s Answer

    Yes, one can ask for that. The judge is supposed to do what is fair. Make your best argument.

  • Do the spouse of the person that was injured receive compensation for his stressful times of recovery from the accident?ARCHIVED

    Clifford’s Answer

    The answer is "not necessarily." The potential claim exists but your wife is capable of extinguishing it by settling her claim. There is a Florida Statute that extinguishes these claims if they are not joined in the lawsuit be the person primarily injured. You might have a claim against your spouse for the loss of your claim -- but that would be part of a divorce proceeding.