Archived
When would a plaintiff become responsible for defendant's fees? If a case goes to trial or even if it gets dismissed for SOL?
Samuel's answer
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Answered on March 27, 2014
In Florida a plaintiff can be responsible for the defendant's attorney's fees in two ways:
1. If the court dismisses the case for "fraud on the...
Archived
UM Motorist Settlement. My UM insurance carrier who told me that I don't need an attorney is offering 3K to settle a claim.
Samuel's answer
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Answered on March 26, 2014
You should definitely talk to an attorney. UM insurance companies often try to "low-ball" their insureds, because it means they have to pay less...
Archived
Is it legal for a PIP Insurance co and attorney to release settlement funds prior to satisfying a child support lien?
Samuel's answer
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Answered on March 26, 2014
If you had an attorney in your PIP suit they would have been responsible for negotiating and paying off any liens on the settlement. You should...
Archived
What happens to civil lawsuit settlement if I file for bankruptcy?
Samuel's answer
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Answered on March 26, 2014
First off, you should speak to an attorney in your area who specializes in bankruptcy law. Settlements and judgments can become "assets of the...
Archived
Is there a legal remedy?
Samuel's answer
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Answered on March 26, 2014
Unless you have some type of Power-of-Attorney or health-care-proxy that allows you to make medical decisions for your father or to view his...
Archived
My previous employer hired me for his Personal Assistant & Caretaker at his home. I got sick and have been out of work sense.
Samuel's answer
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Answered on March 25, 2014
You should also speak with an attorney familiar in the area of Worker's Compensation, as employers who have a certain number of employees must...
Archived
A nurse in dementia ALF withholds psych meds causing resident to harm themselves. Is facility liable?
Samuel's answer
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Answered on March 25, 2014
ALF residents are guaranteed certain "resident's rights" under Florida law. You can find a link to them here:...
Archived
My mom was a victim of negligence about 8 years ago. She sued the Doctor but the lawyers sold out. They betrayed my moms case.
Samuel's answer
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Answered on March 24, 2014
If your mother is contemplating a legal malpractice case against her lawyers, any such case must be brought within 2 years of the date she knew or...
Archived
Time limit in Georgia to file a lawsuit for medical malpractice?
Will I have a medical malpractice lawsuit?
Samuel's answer
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Answered on March 24, 2014
Georgia imposes a 2-year statute of limitation from the date of injury, as well as a 5-year statute of repose, meaning that no action can be...
Archived
Plaintiff set my motion to dismiss for hearing in a few days. If I file an amended motion now, will a new hrg be set (desired)?
Samuel's answer
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Answered on March 24, 2014
It depends. First off, the Plaintiffs should have contacted you and gotten your consent or approval for setting the hearing date and time. If they...
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