Ask The Lawyer – Radio Show (Part 6)

May 29, 2019

Our friend’s family rented an Air B n B in Florida. They have 13 and 15-year-old boys who were playing in the backyard. One of them fell into a hole in their backyard and broke his leg that required surgery. The owner of the home was aware of the hole and meant to have it filled but did not get to it prior to the guests’ arrival. Unfortunately, the homeowner has no insurance. Is here anyway they can recover?

May 22, 2019

Our next-door neighbor’s son drives a Harley-Davidson. Unfortunately, a distracted driver struck him causing two broken legs that both required surgeries. He sustained massive medical bills and the at-fault driver had no insurance. When he checked his motorcycle policy, he discovered that he did not have uninsured motorist coverage. However, his parents who he lives with have high levels of stacking uninsured motorist coverage totaling up to $500,000. Is there anything that he can do to receive assistance for medical?

May 15, 2019

My daughter was going to summer camp. One day she came home and was crying uncontrollably. After calming her down and questioning her, we found out that the camp counselor took her and had sexual intercourse with her. We contacted the police and they did an investigation, which ended in the arrest of the camp counselor. The police investigation revealed he had a previous sexual assault arrest. The camp is denying responsibility because they say they had no knowledge of his previous arrest. Our daughter has been severely traumatized and has been attending therapy. What can we do?

February 13, 2019

A few friends booked a luxury home with a dock through Airbnb. Unfortunately, when one of the guys went out on the dock, there were several loose boards which flipped up and caused him to fall and severely injure his leg and arm needing both surgery and hospitalization. The owner of the home says he does not have homeowner’s insurance? Is there anything my friend can do?

January 30, 2019

I was reading a story about a woman in Arizona who had been in vegetative state for 14 years. She gave birth to a baby on December 29th. Obviously, that wasn’t something she consented to. They have just arrested a male nurse and obviously there is some criminal responsibility here. But would the family be able to sue the facility? In one article, they indicated the president quit, and there had been allegations of prior sexual abuse incidents being covered up. How would the law firm help this family

January 16, 2019

My mother who is in a nursing home was sexually assaulted by a male nursing assistant. We learned through the grape vine that my mother was not his first victim. We approached the nursing home administrator; he said they were not responsible because it was not in the scope of his nursing responsibilities. That seems ridiculous, can a lawyer help?

January 9, 2019

My son who lives with us was involved in a terrible motorcycle accident and was struck by a pickup truck that was going through a stop sign. He was hospitalized for two weeks and needed multiple surgeries. Unfortunately neither my son nor the pickup driver has insurance. My son doesn’t even have health insurance. My wife and I have always stressed the importance of insurance and have maintained high levels of insurance including uninsured motorists’ coverage and we even have an umbrella policy.

January 2, 2019

My four year old was at a friend from schools house that had a pool. Although at the time the pool was installed they had a child proof fence they had taken it down weeks earlier and were not paying attention when my daughter wandered out to the pool area, fell in the pool and drowned. The friend’s parents are claiming they are not responsible as they told my daughter not to go out by the pool. What can you do?

December 12, 2018

My wife went to a well-known discount retailer because they were advertising a sale on trampolines. The trampoline came in a large unwieldy box & when my wife told the employee she would like to purchase the trampoline she requested he place it in the cart for her. He placed it in the cart in an unsecure manner which later caused the cart to fall on her resulting in a severe knee injury which required a knee replacement. The store said they were not responsible and that it was in fact my wife’s fault. Is there something we can do?

December 5, 2018

My 12 year old daughter was stuck by a car when riding her bike. The driver had only minimum insurance coverage and my daughters injuries are severe requiring multiple surgeries. Is there anything I can do to recover funds for my daughter’s medical bills?

November 28, 2018

My cousin was driving down the street at 4:30 in the morning. He was almost decapitated because he ran into a tractor trailer truck that was blocking the street. The tractor trailer did not have its emergency flashers on or the appropriate warning signage posted. The trucking company is denying liability. Is there anything you can do?

November 21, 2018

My neighbor was riding his motorcycle on US 41 when a car pulled out right in front of him from a stop sign causing significant injuries. The driver was an uninsured home health nurse who was headed to see a client; because she didn’t have insurance my neighbor feels that he is out of luck. Is there anything you can do?

November 14, 2018

My wife fell in a well-known department store due to a leaky roof. She suffered a severe ankle sprain. There was water on the floor, and she noticed a stain on the ceiling, which suggests a long-standing problem. We thought it was only fair to give the insurance company a detailed recorded statement. So, we did that and the statement lasted 45 minutes. They asked her about her entire life. They even suggested she was shoplifting because she had a new purse in her hand, she was thinking about buying. Several months went by, and we finally received a letter denying the claim. The letter was hard to understand, but I think they want us to sue the landlord of the store. The letter states the department store is just renting and not responsible for the roof repair. Now we regret not calling a lawyer at the beginning, is it too late now? P.S. The store has since painted over the stain but the roof still leaks, am I out of luck?

October 31, 2018

My 75-year-old uncle was shopping at a well-known discount store. He uses a motorized scooter and when he pulled up near the entrance for the men’s room and exited his scooter he caught his foot on a raised edge on the floor casing him to fall. As a result of the fall, he broke his hip and arm. He does not have much insurance. Can a lawyer help?

October 10, 2018

I was driving on I-75 southbound when the traffic started to back up, I stopped but the dump truck behind me did not. Although we were going a relatively slow rate of speed due to traffic the dump truck totaled my car and I was in the hospital with severe injuries for over ten days. The driver had indicated that the accident was not his fault because his brakes failed. Could you ask the lawyer if faulty brakes excuses the driver from fault?

September 26, 2018

My son was in a superstore in the grocery section. There was an older woman who was driving one of the store’s electric carts and ran into one of the soda displays, which caused soda to spill all over. My son went to help the woman, slipped on the soda and got some severe injuries including a broken arm and concussion. The store is denying any responsibility because they say the woman, in the cart, was at fault. The woman owns a home in Venice but doesn’t have much money. My son doesn’t have medical insurance. Is there anything he can do to get paid for his medical bills?

September 19, 2018

I was riding my bike and was struck by a car, and now I’m in a real jam. I was hurt pretty bad and my bike was completed destroyed, it’s a $1,500 bike. It’s my only transportation, and I don’t have the money to replace it. I was riding on Tamiami Trail on the sidewalk and came up to a street with a sign posted instructing you to walk your bike across the intersection. I’ve never seen anyone actually walk their bikes across the streets and it’s not really that busy. At any rate, I ignored the sign and rode across the intersection. As I was crossing, I got hit by a car and had to go to the hospital. The guy who hit me had insurance, but his insurance company is saying that I’m responsible because I violated the posted sign. I didn’t think that could be true, but my friend has said that he understood that a bicycle must obey all the same traffic laws as a car so he thought what the insurance company is saying is true. I was wondering if you could ask and find out whether I am out of luck, Todd. I really need some help.

September 12, 2018

My wife went to the local Starbucks, located in a small strip center, out front of the Starbucks is a small patio which had a pole that was used to hold garbage cans but frequently there was no garbage can. Yesterday my wife tripped and fell over the pole and shattered her knee. When we contacted the Starbucks, they told us that the property was the responsibility of the landlord and the landlord claimed it was the responsibly of their maintenance company. My wife needed a knee replacement and the medical bills are enormous. How do I stop getting the runaround?

September 5, 2018

My son had stopped at a convenience store to get gas and pick up some soda. While he was in the store, a man came in picked up a case of beer and tried to walk out without paying. The clerk came around the counter and tried to stop him just as my son was paying. The man pulled a knife and lunged at the clerk and ended up stabbing my son in the stomach. My son ended up having very severe internal bleeding and had to have emergency surgery and has been unable to work for over a month. The store is claiming that they are not responsible for the other man’s actions. It turns out this was the third attempted theft that week. Can the lawyer help me?

August 22, 2018

Recently my best friend was sexually assaulted by an Uber driver after getting a ride home. The driver had offered to help carry some groceries into her house for her and then assaulted her. The police were called and later arrested the man, who they had indicated had had previous sexual assault charge in another state. She has reached out to Uber for her medical bills as well as counseling and the only response she received was that the driver had been terminated from Uber and that because he had signed off the app prior to his action, his actions were not their responsibility. What can a lawyer do to help my friend?

August 8, 2018

My 13 year old daughter attended a church related camp in northern Florida. While there, she and one of the other girls were molested by one of the camp counselors. The Camp Director had the counselor arrested and has been charged with molesting a minor. It turns out the camp had failed to do a background check on the counselor who had a previous sexual assault conviction. My daughter has been severely traumatized and we feel the camp should pay for counseling and therapy for her, as it will take her a very long time to recover. The camp is affiliated with a huge church, but one of my neighbors thought you couldn’t sue a church organization. Is that true? What can your lawyer do for me?

August 1, 2018

Six months ago, my parents were driving home from a friend’s wedding when they were struck head-on by a drunk driver. Both of my parents were killed instantly. My brother and I were in the car following behind and witnessed the accident. The at fault driver only suffered a concussion, broken arm and bruised ribs in the crash. He was cited for driving while intoxicated and has admitted to texting while driving. While no amount of money could bring our parents back, we feel that this driver should pay for the loss of our parents. Not sure if this is important, but my brother is 17 and I just turned 22 and we want to move on with our lives. Someone told me that the insurance only covers injuries, but that just doesn’t seem right. Can we hire a lawyer?

July 25, 2018

My girlfriend was riding her motorcycle and a car ran a red light and hit her. She was in the hospital for over a week and will need surgery in addition to physical therapy. The woman who hit her only had $10,000 in liability coverage. The woman was working as a homecare professional at the time of the accident, but the company is claiming they have no responsibility because she is an independent contractor. A friend of ours knows her husband and he said she works full time for the company. Is there a law protecting this company if the person is an ‘independent contractor’?

July 18, 2018

My husband was killed in a hit and run by a drunk driver. Currently the driver is in custody. The driver did this after leaving a bar less than a mile from where he hit and killed my husband. Then he hid his truck and ran before being located by law enforcement.

June 20, 2018

My sister was involved in a very significant accident. A driver pulled out of a Home Depot, failed to yield and crossed over several lanes of traffic hitting multiple vehicles on the driver’s side and one vehicle almost head on. The driver’s insurance company has offered $50,000 which is the maximum of the policy. However, her injuries are very severe, with her medical bills easily exceeding six figures. My sister had $75,000 of uninsured motorist’s coverage but so far, her company has been unresponsive. Is there something a lawyer would do?

June 6, 2018

I was driving over the bridge, and I got rear ended by a driver who left the scene of the accident. As a result of the accident, I’ve had to have shoulder surgery and have been out of work for several weeks. I am concerned about not only getting my significant medical bill paid but also recovering my lost income. In addition, this has been an extremely painful experience and I was wondering if I could get compensation for my pain and suffering.

May 30, 2018

My wife went to one of those chain dental offices to have her wisdom teeth removed. She was given anesthesia, which is a normal procedure. My wife is somewhat resistant to anesthesia, so she woke up to discover the dentist had lifted her dress up and was touching her private parts. She in a loud voice asked, “What are you doing?!”. A dental assistant entered the room and had seen her with her dress up although the dentist had stepped away from her. Needless to say, my wife has been greatly traumatized by this experience and wants to know what we can do.

May 23, 2018

I was in a car accident in August and went to the emergency room and gave them all my personal information at check in and then I saw the doctor and had an MRI scan and a CT scan and went home after a few hours. The next day I got a phone call on my cell phone from someone who I assumed was with the hospital because nobody else had my cell number to call me. He asked if I had any questions and then he asked if I needed any help getting a referral to a doctor for follow up medical treatment or getting a lawyer to assist me. He gave the names of a doctor and a lawyer. My wife who’s a paralegal at a business law firm said that being solicited like that was illegal and I should not contact any doctors or lawyers who solicit like that. In fact, she said that she thought that it was a crime.

May 9, 2018

While staying at a luxury resort, I booked my 17-year-old daughter a 60-minute massage at the spa. During the massage, the masseuse touched my minor daughter inappropriately to the extent we decided to press charges for sexual assault. The police took my daughter’s statement and later arrested the masseuse and charged him with sexual assault of a minor. Needless to say, my daughter has been severely traumatized and has been in therapy for depression along with anxiety for months. It turns out this person had been previously charged with sexual assault at another company. When I contacted the hotel about paying for my daughter’s therapy and counseling, they indicated that the spa was run by an independent company which has since gone out of business. We had no idea this was an independent company as we booked it and were billed through the hotel. The hotel manager is saying they are not responsible. Can you help?

May 2, 2018

I injured my leg in an accident on a motorcycle when a tractor trailer truck pulled out in front of me and I laid the bike down. The driver of the rig got the ticket for violating my right of way. I went by ambulance to the emergency room and I was examined and released that day, but I couldn’t put any weight on my leg. I went back to the same ER two times over the next five days because my leg was swelling up worse and worse and I was losing feeling in it. The ER doctors examined me, did scans, and sent me home with prescriptions. My leg still got worse and a week after the accident I went to a different hospital ER and they admitted me. I was in the hospital for two weeks and had emergency surgery because the three times I went to the other hospital ER those doctors misdiagnosed the problem. I have no insurance and my hospital bill for the admission and surgery is over $200,000. The adjuster for the trucking company has offered me money to settle the accident case and says they are not responsible for the damage caused by what I think is doctor malpractice. Can I get money for all of my damages from the trucking company or do I have to go after the first hospital for the damage caused by their malpractice?

April 18, 2018

A friend of mine was riding his motorcycle and was hit by someone who failed to stop at a stop sign. The guy who was at fault only had $10,000 in coverage. He was telling the police officer that he was on his way to see a patient for a local health care provider. My friend was hurt pretty severely and needs surgery and $10,000 is not going to be nearly enough. Is there anything else he can do to get his medical bills paid, not to mention lost wages?

April 11, 2018

My 20-year-old son was driving his buddies motorcycle and had an accident. He’s been pretty severely hurt and spent over a week in the hospital. His buddy didn’t have any insurance on the motorcycle. We know his friend’s family pretty well and, like us, they carry full insurance on their cars, but not the motorcycle. An insurance agent friend says we might be out of luck because the car insurance coverage may not cover the motorcycle. Is there anything we can do to get some help with the enormous medical bills?

April 4, 2018

I was hit from behind by a tourist in a rental car and had to go to the hospital with multiple injuries. The police came and ticketed the other driver. They gave me all his information, but it turns out he doesn’t have insurance and declined coverage from the rental company. The rental car company is saying they have no responsibility and are protected by law against being sued for what a renter does. Is this true? Is there anything I can do? My hospital bills are enormous, and I will need surgery.

March 28, 2018

I was on I-75 near the Punta Gorda exit in stop and go traffic and cars started breaking ahead of me and I hit the breaks and the car behind me slammed into me. Now I’m hurt. I’ve been going to the doctor and I’ve made a claim against the insurance company for the guy who caused this. His insurance company has offered next to nothing because they say I made a sudden unexpected stop, so they say it was my fault. I think I’m getting a run around. Does the guy who hit me get off the hook if I had to make a sudden stop because of stop and go breaking ahead of me?

March 14, 2018

My son was in a superstore in the grocery section. There was an older woman who was driving one of the stores electric carts and ran into one of the soda displays which caused soda to spill all over. My son went to help the woman, slipped on the soda, and got some severe injuries including a broken arm and concussion. The store is denying any responsibility because they say the woman in the cart is at fault. The woman owns a home in Venice but doesn’t have much money. My son doesn’t have medical insurance. Is there anything he can do to get paid for his medical bills?

March 7, 2018

My sister was sexually assaulted by a dental hygienist. It turns out this same person has assaulted others that had come to the practice. The Florida Department of Health has finally revoked his license. My sister needs a lot of counseling and therapy to help her heal from the trauma of being assaulted in a place where should have felt safe. Although he has faced criminal charges, I am unsure how my sister could get the help she needs. Is this something a lawyer could help with?

February 28, 2018

My girlfriend was riding her bicycle in a lawful manner on the street, when she was rear-ended by a car who left the scene of the accident. Unfortunately, my girlfriend sustained a seriously broken leg that required surgery. The police were never able to find the person who caused the accident. How can my girlfriend find ways to pay for the medical bills and other damages from the accident?

February 21, 2018

I have listened to the Ask the Layer feature and as a result, I have full coverage on all my vehicles including uninsured motorist with stacking. My brother who lives with me has a motorcycle and does not have insurance. What makes this tragic is that yesterday a driver ran a stop sign and struck him so severely on his motorcycle that he was medevacked to the local hospital with severe injuries. The driver who struck him has no insurance just like my brother. Is there anything lawyers could possibly do to help my brother? He is going to have a lot of medical bills and possible rehabilitation.

February 14, 2018

• How many days do you have to get an attorney after an accident?
• Should I sign papers from our insurance company before getting a lawyer?

January 31, 2018

In June of 2014, my husband who is a construction worker was paralyzed from the neck down due to a work-related injury. My husband was working on a scaffolding on a high-rise condo project when a transformer that he had been told by a supervisor was deenergized electrocuted him. The shock force burned 10% of his body and knocked him off the scaffolding. He landed on concrete snapping his spine. As a result of the accident my husband is a quadriplegic, permanently paralyzed from the neck down. He can no longer work and will require 24 attended care for the rest of his life. Just to let you know the latest, the construction company that he works for is refusing to pay lost wages and any future treatment and care. I can’t afford to do this alone, please help.

January 24, 2018

My husband was rear ended while sitting at a red light forcing his car into the SUV in front of him. He lost. He had months of rehab, and months of physical therapy over a 2.5 year period and back has reached a plateau which leaves him in constant pain. He has damage to his discs including protrusions and an annular tear. His job is greatly affected as part of his work was to lift and move pianos. He is the owner of the business and now has to pay others to do this aspect of his work. We have $150K uninsured coverage. We’d like to talk with an experienced attorney having dealt with underinsured policies.

January 17, 2018

My 8 year old son was having difficulties with his math class. The school system provided a tutor for him. After 6 months, I learned that the tutor, who was employed by a National tutoring company, was sexually molesting my son. Both the school and the tutoring company are denying any responsibility because the tutor’s actions were not part of his job description. The school has a clear policy against any sexual contact, but because the tutor was not their employee, they say that they are not liable. Can this really be true? We are devastated. Can a lawyer help?

January 10, 2018

I was riding my bicycle north on the sidewalk on the southbound side of US-41. There was a pickup truck stopped at the exit of the 7-Eleven. He was waiting to turn right into traffic. As I passed directly in front of his truck he started to go. He ran over my foot was stuck under his tire and my bicycle. I yelled to back up off my foot, he rolled forward off the foot and then backed over it again. I’m pretty sure foot or ankle are both broken? Tomorrow I’ll try and find somewhere that can x-ray and treat injury – my bike is destroyed. I’m going lose time at work and in extreme pain. Would like to know your thoughts. I’m a 45 year old women in good physical condition otherwise.

January 3, 2018

The past three weeks have been a roller coaster ride and I need advice. I was traveling on a side street in Fort Myers when I was side swiped by a pick-up that had to be traveling at least twice the posted speed of 35 mph. My car was totaled and I suffered a few broken bones, but the most serious injury has been the head trauma. I hit my head on the window so hard that I was knocked out, waking up at Lee Memorial Hospital 2 days later. I found out today that the at-fault driver is uninsured. He keeps telling me that he will take care of replacing my car and all my medical expenses, but he will not put this down in writing… I think it’s time I seek legal advice.

November 8, 2017

My friend’s father was sitting in the rear seat of a car that was involved in a significant crash. The car was a rental car. As a result of the crash, the seat-back gave way causing the death of my friend’s father. The party that caused the crash had minimum coverage. The back seats were the type that fold down to give additional storage space.

October 11, 2017

• What are insurance companies starting to exclude from homeowners policies that I should be aware of?
• Does homeowners insurance cover you for things that may occur outside the home?
• What is an umbrella policy? Why would it be important?

September 6, 2017

• How much car insurance should I carry? What does the state require?
• What is PIP?

August 23, 2017

My wife was riding her new motorcycle and unfortunately, she had an accident. She broke her leg and had to have surgery with hardware put in to close the fracture. She was in the middle lane following behind me. A car made a quick lane change into my wife’s lane from the left. The car got really close to my wife’s bike and in a manner of a seconds kind of grazed the rear wheel of the motorcycle then went back into the left lane. My wife, who is a new rider, kind of swerved, and lost control of her bike and came off the bike. I saw in the rear-view mirror her body hit the pavement hard and bounce up in the air and slam down again. She broke her leg. The other car took off and I couldn’t get his license plate. There were no witnesses. Now my wife is out of work for 6 weeks while her leg heals up, and she has 100k of medical bills. We are beside ourselves and don’t know what to do.

August 2, 2017

My elderly father was crossing at the crosswalk on his three-wheel battery powered bike when he was struck and killed by a car. The driver was attempting to make a right hand turn and claimed that my father waved her through. However, the police report indicated that he was hit 5-feet into the crosswalk. A witness statement indicates that the driver never came to a complete stop and was on her cell phone when she struck my father (both claims the driver denies). The driver’s insurance company refuses to deal with me claiming negligence on my father’s part. What can we do?

July 26, 2017

I was a passenger in a friend’s car driving North on I-75 at dusk on a rainy day. My friend crashed into a stopped tractor trailer which was only partially on the shoulder of the highway. The tractor trailer had no warning signs behind it or warning flares. I had sustained a shattered arm and leg and my friend only had minimum insurance coverage – what can I do?

July 19, 2017

My cousin was operating a motorcycle when a car ran a stop sign and crashed into my cousin causing him to be hospitalized. The at-fault party had no insurance and my cousin had no uninsured motorist coverage on his motorcycle. However, my cousin owned both a car and pick-up truck that had stacking uninsured motorist coverage. Is there anything my cousin can do?

July 12, 2017

I was riding my bicycle on Old McGregor Boulevard heading towards Sanibel. I was riding in the street and a car struck me from the rear causing very severe injuries including a broken leg which needs pins inserted to keep the bone in place. The driver of the car is claiming it is not his fault, because the sun was in his eyes. Does sun glare eliminate the liability for the driver?

July 5, 2017

My niece and nephew came down to visit us at our condominium. I was unaware that the condo association had removed the child protection fence around the pool area and tragically, my nephew wandered into the pool and drowned. The condo association has a sign posted that said “Swim at your own risk” – does that mean that my sister and her husband cannot sue the condo association?