Skip to main content
Peter Scott Van Keuren

Peter Van Keuren’s Answers

186 total


  • Should I contact an attorney?

    I was hit from behind by a Ford Excursion. The hit damaged my Nissan Quest putting a dent in the trunk. 2 hours later I'm experiencing lower back pains and a light headache. The driver at fault gave me all her information and stated " I'm 100% ins...

    Peter’s Answer

    You should immediately go to the emergency room and get checked for serious injury. An added benefit is that the emergency room is legally able under the new PIP law to certify that you have sustained an "emergency medical condition" that will prevent your insurance company from reducing your PIP benefits.

    Second, you should follow-up with the medical providers recommended by the emergency room physician.

    Third, you should consult a local personal injury attorney to help you navigate and evaluate the various issues involved in such a claim.

    See question 
  • How much can u sue insurance in the state of fla. for a car reack

    I was hit from behind and it coused me to spine around and hit someone els

    Peter’s Answer

    There is no limit to what you can seek, however, there are limits on who you can sue and the elements of damage that may be awarded.

    for instance, you ask about suing "insurance". You are only able to sue your own insurance carrier, not the insurance carrier for the party that caused the crash. You can sue your own insurance carrier for benefits if you have the coverage and they fail to properly pay or adjust your claim for benefits.

    With respect to the party that might be at fault for the accident, you can sue the party but Florida law does not allow you to sue their insurance company directly. The insurance company will actually pay to defend our claim and may pay the damages up to the policy limits, whatever they may be.

    As a practical matter, your damages will be determined based upon the extent of any injury and damages you sustained as a result of the crash. You may seek past and future medical bills, lost wages, loss of future earnings capacity and perhaps any property damages you sustained. Florida law does not entitle you to pain and suffering damages unless you have sustained a permanent injury.

    The burden of proving your damages is upon you as the claimant.

    See question 
  • After i recieved eviction summons i filed in court within the 5 days my response what time frame do i have for next step

    i had a stipulation with land lord but couldnt keep on track but i always paid something to them what is the next step

    Peter’s Answer

    ou have not indicated why you are being evicted, however, most evictions are due to the non-payment of rent. Florida's landlord/tenant statute provides that when a landlord seeks to evict a tenant for the non-payment of rent, the tenant must either pay the disputed amount into the registry of the court, or file a motion to determine the actual amount due. If the tenant does neither, their defenses to eviction are deemed waived and the court will summarily enter a final judgment of eviction.

    If you have been sued for damages as well as eviction, another court date will be set to address the damages claim.

    See question 
  • I have recieved an eviction summons i filed my response in the county court house within the 5 days listed. what is next

    step that will be taking

    Peter’s Answer

    You have not indicated why you are being evicted, however, most evictions are due to the non-payment of rent. Florida's landlord/tenant statute provides that when a landlord seeks to evict a tenant for the non-payment of rent, the tenant must either pay the disputed amount into the registry of the court, or file a motion to determine the actual amount due. If the tenant does neither, their defenses to eviction are deemed waived and the court will summarily enter a final judgment of eviction.

    If you have been sued for damages as well as eviction, another court date will be set to address the damages claim.

    See question 
  • What charges can a lawyer charge other then the 33% for the lawyer fees for a auto accident in I wasn't the one in da wrong

    I was in a accident in the lawyer said I had to pay 33% to them in 20% of my medial in filling fees in what they pay for paper work in a wasn't the one the one in the wrong

    Peter’s Answer

    The Florida Bar has limits which establish the most an attorney can charge a client for a personal injury action if the case is taken on a contingent fee basis. Generally, in Florida the attorney fee would be 1/3 if the case is resolved before a lawsuit. The fee may vary if a governmental entity is the Defendant, if a lawsuit is filed, if there is an appeal, etc. You need to sit down with your attorney and have them explain the fee agreement so you understand it.

    on the

    See question 
  • What does this mean, Hearing /Defense Motion to Withdraw as Atty of record..

    There is a hearing the day before my husband goes to trial on criminal charges he never committed. Everything he got arrssted for was self defense. He is being represented by a public defender.

    Peter’s Answer

    Assuming your husband is the only defendant in the case, it is an indication that the court has set a hearing on the defense attorney's motion to withdraw from representing your husband. The is a motion that was filed detailing the reasons (although they are possibly vague in the motion itself for legal reasons) why the defense attorney does not feel that he/she can adequately represent your husband in the case. Your husband should have received the motion and should call the attorney to discuss what is going on.

    See question 
  • How much compensation can my boyfriend get for a (fractured) foot after being in a accident after a year and still has pain?

    A year ago my boyfriend had an accident and injured his foot. He went to the hospital and they did an x-ray, they told him the bump on his foot was a hematoma. So they gave him 3 days of pain killers and sent him home. It's been a year now and he ...

    Peter’s Answer

    Your boyfriend needs to consult a personal injury injury attorney. Too many variables exist in evaluating a case like this.

    See question 
  • Motel registration for new tenant

    I would like to know if it s exist a website that we can check if the new tenant is on a bad list.... if he is pay on time , have a good credit ....

    Peter’s Answer

    It is unlikely you will find the information you are seeking on a website due the defamation considerations. If you want to evaluate a potential tenant, you should have them complete an application that requires them to divulge prior landlords and authorizes you to conduct a credit check. Then follow-up on the information you get. Also, you should require a deposit and prepayment of the last month's rent. Consult Florida Statutes, Chapter 83 as there are requirements for landlords who hold advance payments and deposits

    See question 
  • Suing back

    I retained a lawayer to contest a mechanic's lien forclosing case. My lawyer decided that the best defense is to sue the contractor. Now I have two cases going at the same time: the contractor's case to enforce the lien and mine suing the contrac...

    Peter’s Answer

    First of all the cases relate to the same issues and should be consolidated before the same judge for judicial economy and to avoid inconsistent results.

    Florida Bar rules prohibit an attorney from contacting a person who is represented by counsel. Your attorney should write the other attorney and direct him to cease contacting you and to address all future correspondence through your attorney. Your attorney should remind the other attorney of the dictates of the Florida Rules of Professional Conduct.

    We are now in the age of electronic filing in the Florida Court system and there is no reason for the opposing attorney to contact you or send you copies of pleadings. All documents will be electronically filed with the court and served upon your attorney through email.

    See question 
  • Can I invoke my Fifth Amendment rights in Traffic Court in Lake County, Florida?

    I was involved in an accident for which I received a Careless Driving charge. I was advised by the officer to contest the ticket; as it is only $166, it doesn't seem worth it to contract an attorney. As there was no witnesses (other than myself...

    Peter’s Answer

    The burden of proving that you are guilty is on the State. If there are no witnesses the State will likely be unable to prove its case against you.

    You have an absolute right to refuse to testify against yourself in this case and cannot be forced to.

    See question