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Bryan David Caulfield

Bryan Caulfield’s Answers

70 total

  • I was in an accident n when the driver hit me they did not immediately stop.i had to follow driver beeping horn n flashing my

    to get her to stop.The accident happen at 75th ave she did not stop until 94th ave.They were driving speed limit 45 not showing signs of stopping.The officer who arrived only cited the driver as careless driving cause she was an inexpericed driver...

    Bryan’s Answer

    Sounds like it could be Hit and Run but based on the circumstances in the opinion of the Police Officer, that charge might not hold up. Perhaps he based that on an earlier experience he had in traffic court. In any event, it sounds as though he did charge her for some infraction and if she attempts to fight that ticket, you will know because you will be subpoenaed to testify against her.

    Her insurance company should pay for your Property damage and the fact that you did not seek immediate medical care does not mean you cannot follow up tomorrow or even tonight for increasing pain or discomfort that you may be feeling.

    Your own insurance will pay for most or all of your medical bills depending on your coverage. You should sit down with an attorney to learn more about your rights and obligations after an accident. You can learn more by visiting my website

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  • Do I have a case for medical malpractice?

    Almost two years ago, 2 months after my husband passed away,I was rushed to the hospital and told I had ESRD. I only had 15% use of my Kidneys. This was March of 2009. In July of 2008, I went to the Dr. when my ankles swelled up after a day at the...

    Bryan’s Answer

    • Selected as best answer

    I think you need immediately to take action to preserve any remaining Statute of Limitations on your case. In Florida, the time frame within which you must bring a lawsuit against your doctor is two years from the date of the malpractice which can be extended by what is known as the "discovery" rule which allows you two years from the so called date of the discovery of the malpractice. In no event is this beyond 4 years. You must have your case immediately reviewed to see if there is a case.This will require a lawyer to gather records and have them reviewed by a similar health care provider to the doctor you are contemplating an action against.

    The lawyer may also be able to take an action to extend your Statute of Limitations. Whether or not you ultimately have a case will require an expert to review your entire medical circumstances but you may have already waited too long. You need to speak to a lawyer immediately.

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  • My car was hit while parked legally. The person at fault called the police and filed a report of the accident but lied about

    having insurance. I don't have uninsured motorist coverage. He is refusing to pay for my damages. What recourse do I have?

    Bryan’s Answer

    The first thing to check is your own auto policy to see if you have collision coverage. If you do you will suffer a deductible but your company will pay to repair your car minus the deductible. They will then fight with the at fault driver to get your deductible back. Your uninsured motorist coverage will not help you unless you were injured. Your insurance company is in a better position than you are to fight with the defendant on the property damage.

    If the property damage amount is small and this is not an option you may have to sue yourself in small claims court. I would also contact the police because if the defendant did not have insurance at the time of the accident he has violated the law and he can get a ticket and potentially lose his license if he caused the property damage and does not pay.

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  • What proof is needed to confirm that a car was stolen by an aquaintance? My car was hit and the driver was "a friend" of owner.

    This occured in Florida. The owner had not reported the car stolen prior to learning of the accident. The accident happened at 1:15 am and the driver left the scene on foot. I'd like to know how it can be proven that he did/did not steal her car.

    Bryan’s Answer

    The claim by the other owner that the car was "stolen" is fact specific and will likely require a great amount of discovery to determine all the facts and circumstances surrounding the night of the accident, the relationship between the owner and driver, and the prior use of the vehicle. There is not one fact alone that will prove or disprove it. Putting both the driver and owner under oath and asking questions will be a likely step if the owners insurance company fails to pay, claiming the vehicle was "stolen" by the friend who hit you. You should consult an attorney to be sure your damages are paid. As long as the vehicle was used with the permission and consent of the owner they remain liable for the drivers negligence. The driver themself is of course also liable and may have their own insurance also.

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  • Accident -- Not at fault, no citation, no insurance... Can I lose my license?

    I was involved in a car accident. The other party pulled out to make a left across my lane, hit the right front side of my car. It was a teenager, he didn't want to wait for the cops, so no citation. Since it was his fault, I got his insurance inf...

    Bryan’s Answer

    • Selected as best answer

    If the accident was not your fault, then you should not have to worry about losing your license for 20 years. I am not sure who told you that you could be sued in civil court and lose your license for 20 years. In order to be sued successfully, the accident has to be partly or totally your fault. Only then would you have to be concerned about losing your license for failing to have appropriate property damage insurance to pay for property damage you caused in accordance with your percentage of fault. This could cause you to lose your license until you paid the other sides property damage claim up to $10,000. Having no insurance to pay this amount could result in loss of your license until it is paid. Perhaps that is what someone was trying to tell you but fortunately this horror story won't apply to you as you were fault free in the accident according to you and, i assume, the party who hit you.

    Under your facts, no police were called and the other side has apparently accepted fault and is paying for your repairs and nobody will be claiming damages from you. You are fortunate that the police were not called as you violated the law by not having insurance on the date of the accident. It is not the banks fault as you allude to. It is your responsibility to comply with Florida Law and carry the correct minimum coverage. The Bank's coverage that helps them is different from Florida's minimum insurance requirement.

    The bank's insurance that they are concerned with is property damage and comprehensive to cover your car in case it is destroyed. They are concerned with their own interest in preserving the car while their loan is outstanding and not with you buying the correct property damage liability coverage that pays up to $10,000 for others property damage caused by your negligence. Having the requied minimum coverage to protect others property up to $10,000 and having required Florida Personal Injury Protection coverage is your responsibility, not the banks.

    If the authorities do catch up to you, you will likely pay only a fine for failing to have insurance on the date of the accident, nothing more. This would all change if the accident was partly or wholly your fault. Showing after the fact coverage now would not change things and I do not know who you would be showing it to anyway, since you were not cited for failing to have proper insurance.

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  • Can I file a claim on my sisters policy if I am the driver but don't own/have my own insurance and not a named owner of the car?

    I was in an auto accident on January 23, 2010. My sister owned the car and let me drive it to work one day. I don't own my own vehicle and am not named on my sister's policy. How would I file the claim. I and my sister were notified that the ...

    Bryan’s Answer

    Generally, you should be able to file a Personal Injury Protection claim on your sister's policy.
    Depending on two other optional insurance coverages known as Uninsured Motorist coverage and medical payments coverage, you would also be entitled to these also depending on the facts of your case.

    Your living situation could affect this answer. If you were living with your sister as a licensed driver and this car was regularly available for your use, and these facts were not disclosed by your sister when she obtained coverage, it could effect your claim for benefits. Assuming that was not the case, you should be fine and you start the claim by asking her company for the appropiate claim forms and report the accident to them. I reccommend you speak with an attorney prior to filling out any documents or giving a recorded statement. You can learn more by visiting my website Please contact me if i can answer any further questions for you.

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  • No fault state details.recently in an accident and was injured and might need surgery and may have to find another field of work

    was in a rear end collision not at fault a few weeks ago. 6 disc bulges from the accident and now my chiro is referring me to an ortho because he believes my shoulder has a tear in it. i am a rep for a beverage company and my job requires lots of...

    Bryan’s Answer

    The fact that Florida is a No Fault State should not mean you are only entitled to a small settlement. The real questions that will have to be answered in your case are what damages can you prove were caused by the accident, and what sources of recovery are there for you.

    Depending on whether you end up with surgery, and whether this injury causes you to need to change jobs, will clearly be an important questions and will effect the ultimate value of your case. You also need to understand what sources of recovery there are for you in this case. Anotherwords, what sources of auto insurance exist for your paticular accident.

    First. you need to look to see what coverage the at fault driver and the owner of the at fault vehicle had. You will also need to know if the driver was working for someone at the time of the accident which will then make their employer liable also. You may have additional coverage available to you on your auto policy or the policy of the car you were in at the time of the accident. Finally, you mentioned you were a rep for a beverage company. If you were working at the time of your accident you would have additional workers compensation coverage available to you.

    You should not suffer because Florida is a No Fault State. The more damage you can prove, the larger potential settlement you would be entitled to. Any settlement is effected by the amount of coverage available for the accident. You should obtain a free consultation with an attorney regarding your case. for more information on selecting an attorney and auto accidents in Florida, please visit my website

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  • Can my 30 year old son and 27 year old son sue hospital for wrongful death of their father?

    The hospital told my sons that their father would be out in three days. the second day he was there he went into pulmonary edema at 12:40. There was one nurse present. No doctors around. He died at 4:12pm. The doctors did not intubate him until ar...

    Bryan’s Answer

    Unfortunately ,no they cannot. Florida's Wrongful Death Act lists who are considered "survivors" under the act, and specifies that they can recover those damages listed in the act. Unfortunately, since the children are above age 25 they are not considered survivors for a medical malpractice wrongful death even though they would be if it were any other type of wrongful death and there was no surviving spouse. If he was married at the time of his death there would be a potential case for the wife as a survivor.

    In your example, a wrongful death case could be brought only by a duly appointed Personal Representaive who brings the case on behalf of the "survivors" under the statute. Only a claim for medical expenses caused by any malpractice, and loss of net accumulations (ie. money he would have left for his estateif he lived) are recoverable in your example. If the decedent, who i assume was your ex-husband was retired this is likely little
    or zero dollars, and it is unlikely the medical expense element of the case would justify the huge expense and risk of undertaking a malpractice case.

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  • Can I get a work negligence file for imcomplete paperwork that ended up causing an injury

    In nov 2009 I came into work (I'm a cna) the facility just received a resident and didn't have information about his health but the nurse told me to get him ready to move him to his therapy session. Doing so I properly put my gate belt on and att...

    Bryan’s Answer

    I agree you would be unlikely to be successful in attempting to bring a negligence case against your employer. In Florida, assuming you were employed as opposed to an independent contractor etc. , the employer enjoys immunity from your claim of regular negligence in exchange for the obligation to provide workers compensation coverage to you
    without you having to prove they are at fault. Workers compensation will pay your bills plus some wages and there are other possible benefits. There is a gross negligence exception that would allow you to sue your employer but does not appear to me to apply under your facts.

    Your remedy here appears to be a workers compensation claim only. you should consult a lawyer regarding this. There is a longshot i am including for completeness of the answer only, but not suggesting it would work. If you could prove the resident was negligent and knew this event was likely based on past occurrences he had, and he had homeowners coverage, you could make a claim against him for failing to warn you that he would blackout
    under similar circumstances. This chance is remote but it is something to be considered. i urge you to contact a workers compensation lawyer.

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  • Car accident with minimum coverage

    I was in an accident that totalled my car and broke several bones in my foot. The other driver has claimed liability. He does not have bodily injury coverage and I do not have uninsured motorist. Im afraid I wont get paid fairly for my damages and...

    Bryan’s Answer

    If i understand your question, the other driver has complied with Florida's Auto Insurance law
    and has the minimum required coverage which means no bodily injury liability coverage and only $10,000 in property damage coverage.

    This means you are unlikely to ever be paid the value of your case due to the non existent coverage. in this scenario you would need Uninsured motorist coverage. Since you have none there is very little hope in the case.

    You need to check the assets of the driver AND owner of the offending vehicle, as both are liable, and find out if they were working when they caused your accident. if they were, the employer is liable also, and may have coverage. If there are assets, you may decide to sue them all to attempt to collect your damages regardless of the lack of insurance coverage.

    Unfortunately your case appears to be a good example of why Uniinsured Motorist coverage is critical in Florida. You can learn more by visiting my website Hope this helps.

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