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Stephen Ashley Barnes

Stephen Barnes’s Answers

9 total

  • I'm not happy with my lawyer

    I was in a car accident a month ago and I've been going through therapy And seeing chiropractor I got an Mri and found out I have a bad back and also my shoulder and neckI had a leased car and I feel that I'm losing out on everything and the accid...

    Stephen’s Answer

    I am sorry to hear about your frustrations. I would encourage you to schedule a face to face meeting with the attorney-- not legal assistant or paralegal-- handling your case and discuss your frustrations. Your lawyer may not be aware of your concerns. See if he or she can answer your questions and concerns adequately. Come to a reasonable understanding with the attorney on how you can be regularly informed about the status of your case. If you have not already, look into your attorney's qualifications and make sure you are comfortable the attorney has the experience and knowledge to handle your case. also, make sure you meet the legal assistant or paralegal assisting on the case and develop a good rapport with them. They will likely be your point of contact.
    While you are always permitted to fire your attorney, it is always a good idea to make sure you have all the information you need to make an informed decision.

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  • Can I sue a pain management doc for issuing a loved one pain meds that's he abusing ?

    My dad has bee on pain meds for over 8yrs. He is also a drug addict (crack) as well. Now mu dad suffering from several health issues. He is a amputee, high blood pressure, diabetic, COPD, depression, bleeding ulcers and on life support as we speak...

    Stephen’s Answer

    I am sorry that you are having to see your dad go through this. As you contemplate how to handle this for your dad, yourself and your family there are a number of things to consider. First, there are multiple avenues of potential liability to investigate. What would seem like an uphill battle would be a medical negligence claim against the prescribing physician. Be aware that the law is very specific on who can bring a claim against a physician in this state. Of course, someone on behalf of your father could initiate an investigation and if merited file notice on the doctor that he plans to file suit. That is a very involved process that would require an attorney. If your father passes, then an estate would have to be opened and the representative of his estate could seek damages. Understand that the medical malpractice law which can be found in Chapter 766 of the Florida Statutes is very specific on who can claim damages for the loss of a loved one in a med mal case. Generally, this is limited to surviving spouses and if none, minor or adult children under the age of 25.
    An alternate theory of liability would involve an investigation against the pharmacy that filled the pain medicine prescriptions. there are federal regulations imposing legal duties on pharmacies to take reasonable efforts to protect against pharmacy customers from obtaining too much medication even if that occurs over an extended period of time.
    There may be other avenues to investigate and that is why contacting an attorney is critical. Not all claims require and attorney's assistance but this one likely would. Good luck and I wish your father peace and the family comfort.

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  • Surgeon did back surgery on my back in December, 2013. Sent me to physical therapy, where I was injured. Can I sue for damages

    Surgery in December, 2013. Surgeon's P.A. sent me to a physical therapist within the organization. The licensed physical therapist told me to do an exercise, that he'd never given me before, and left the room. I did the exercise, then could ba...

    Stephen’s Answer

    The short answer to your question is yes, you can "sue for damages." Of course, there is much more to it than simply filing suit. It is likely the claim will be subject to Florida Medical Malpractice Act which can be found in Chapter 766 of the Florida Statutes. Here is the link. Chapter 766 outlines the pre suit process and what must be accomplished before you file suit, which could include hiring and obtaining an opinion from a similar situated and licensed health care provider as the one that injured you. The law provides that a claimant must then serve a notice of intent to initiate litigation on all prospective defendants. if the claim is subject to Chapter 766, you are permitted to file a one time petition to extend the two year statute of limitation for 90 days. Again, if the claim is subject to the med mal act, you must serve the NOI with a sworn opinion from your expert within 2 years and 90 days of the time you knew or should have known of an injury resulting from medical negligence occurred. I would strongly suggest you immediately contact an attorney to determine if your claims is subject to this law and the strict time requirements for filing a claim. Good luck.
    Steve Barnes

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  • Probability of winning if I filed a Slip and Fall case

    It had just finished raining and I was getting out of my car at a fast food restaurant. The moment I closed the door and started to walk my foot slipped on the white paint strip marking the parking spots. I fell, twisted my ankle and skinned my kn...

    Stephen’s Answer

    I am sorry to learn of your accident and that you continue to have problems. I am glad to hear you reported to a doctor to be checked out. I would encourage you to follow up in the event you do not feel like you are improving.
    i would also encourage you to consult with an attorney specializing in personal injury and slip and fall cases. It is always good to elect an attorney who is board certified in civil trial as they will be experienced in taking these types of cases to trial.
    When you consult this type of attorney in the Jacksonville area, i would suggest bringing pictures of the area where you fell. Parking lots are subject to industry standards and codes. An experienced attorney should have available a "code" expert who can assist in evaluating the photos and, if the case has merit, the actual lot to perform skid testing to determine if the painted area complied with the relevant codes and standards.
    if you continue to have problems it would certainly be worth a couple hours of your time to discuss these issues with a board certified civil trial attorney with experience in slip and fall cases. good luck and wishing you a speedy recovery.

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  • Can a incorporated business be sued after an on the job auto accident occured due to the fault of one of the employees?

    In May one of our employees caused an accident in Orlando and we were led to believe that the insurance company settled all of these claims. We get a call today that says one of the other parties is claiiming medical expenses exceeding the 25, 00...

    Stephen’s Answer

    Report this to the insurance company insuring your business and the involved vehicle immediately. The insurance company has a duty to defend your company and the owner of the company/your vehicle involved. That duty may include appointing you an attorney. Make an appointment to discuss your concerns. The insurance company also has a duty to pay the full limits of the insurance policy if warranted. They are not allowed to gamble and try to save their money if a reasonable person would pay the limits. IF the business was properly incorporated and IF the vehicle was not registered or owned by you personally, you PROBABLY do not have personally liability. Consult an attorney to be sure if you are concerned.

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  • Two years after signing contract with lawyer for slip and fall, lawyers withdraws as council because of"irreconcilable reasons "

    After 2 years that I signed contrac for a slip and fall accident, my lawyer decides to set a motion to withdraw from council because of "irreconcilable reasons" and they refuse to tell me why. He even hired another lawyer to share the case and spl...

    Stephen’s Answer

    • Selected as best answer

    You should retain a new attorney immediately. There are two web sites that can help you. and If you visit the florida bar web site click "find an attorney" then click "expanded search" then click the choice to find board certified atty and check box for civil trial. Then search in city where your lawsuit is filed. That will provide you attorneys who actually try cases and are qualified to handle your case. Be honest with them and tell them what you believe the strengths and weaknesses are.

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  • Does the local courthouse which would handle issues ranging from traffic violations to felony charges operate under maritime law

    does the local courthouse which would handle issues ranging from traffic violations to felony charges operate under maritime law?

    Stephen’s Answer

    It's not the location of the courthouse that determines the law that applies but instead, the location of the accident. If the accident occurs on navigable waters and has the potential of impacting commerce then maritime law would apply. Generally this is any body of water (lake, inlet, waterway, bay, etc) with access to the open ocean. If so then maritime law would apply. You would then pursue could pursue the claim in the local courthouse in the same county/jurisdiction where the accident happened. It is a very specialized area of the law dating back hundreds of years. So find an attorney who specializes in Maritime law to assist you.

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  • CAR ACCIDENT , was hit causing me injury with on going medical

    I just feel like my attorney is just out for the money and not for what happened to me ..Was parked in parking spot waiting for my daughter just got my 4yr old granddaughter in front seat was over center console in truck reaching for her seat bel...

    Stephen’s Answer

    I can sense the frustration in your email. I hope i can provide some insight. First and foremost, i would pose these questions to your attorney. if he regularly handles automobile cases he should be able to answer them. also, any answers you receive from this site you should discuss with him to make sure he agrees.
    regarding the coverage question, the "25,000/50/000 stacked" is a "per person/per accident" limit. any one person in an accident can receive the lower limit-- in your case $25,000 X 2. if another person was injured then there would be an additional $25,000 stacked available to them. so no matter how many people were injured the maximum the policy would pay for all injuries would be the $50,000 X 2. all injured victims would have to share in the $100,000. that is the "per accident" part of the equation.
    Now, if your case is still pending and the insurance company has not offered you the full $50,000 available to you, there is only one thing that will bring them to the table. SET TRIAL. you may not have to attend but you wont settle otherwise. if you and your attorney believe your case is worth more and that is supported by the medical evidence then try the case and pursue your full damages against the insurance company by way of a "bad faith" claim. i just tried a case in April where the available limits were $100,000 and i obtained a judgment over $1,100,000. good luck.

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  • Slip - n - fall duty of notice

    if maintenance is working on a freezer issue in a store and there is water on the floor, doesnt the store have a duty to put notice "wet floor' signs out for the public invitees to know that there is a possible hazard of slipping and falling?

    Stephen’s Answer

    Yes. The store always has a duty to its store customer and vendors to provide a reasonable safe property and to provide adequate warning of potentially dangerous conditions.

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