Ask The Lawyer - Radio Show (Part 7)

May 31, 2017

My son was involved in an accident where he was a passenger in his friend's pickup truck. He was wearing his seatbelt. A truck broad sided the pickup truck at a high rate of speed and my son sustained comminuted fractures on both legs. We retained a personal injury attorney on my son's behalf, however, we've been trying to follow up with the law firm for 2 months and cannot get a call back. What can we do?

May 24, 2017

I was a passenger in a power boat and the driver of the boat came into the dock at a high rate of speed and crashed into the dock. I was thrown against a pylon and received broken bones and a concussion. The driver of the boat is claiming that the boat owner is responsible and that we should pursue his insurance. Is that correct?

May 10, 2017

My brother was on his way to work and was struck by a drunk driver. The driver provided some insurance information and then left the scene. There was a witness to the accident and he got their information. What should my brother do? Should he contact his insurance company

April 19, 2017

My father was riding a bicycle when he came to a stop sign. He stopped at the stop sign and then proceeded to cross four lanes. Just as he entered the fourth lane, a truck that was coming from his right side at a high rate of speed crashed into his bike. As a result of the crash, my dad passed away three days later. I contacted the insurance company for the truck and they denied responsibility. My dad was survived by my mom, his wife of 55 years. What should she do?

April 5, 2017

My mom was a passenger on a small boat. The operator of the boat was going fast and hit a wake which caused my mom to go flying. She broke her vertebrae in her back and required shoulder surgery. She has incurred substantial medical bills, what can she do?

March 22, 2017

My husband was killed in an auto accident. The at fault driver had $25,000 of bodily injury liability insurance. I later learned that the at fault driver was on the computer as an Uber driver. Is there anything we can do besides collecting the driver's small insurance policy limits?

March 8, 2017

I was riding my motorcycle on Tamiami Trail and was struck by a tourist with low limits of insurance. I had a badly broken leg that required surgery. I found out that the tourist was attending a work-related seminar at the time of the accident, what can I do?

March 1, 2017

My daughter was injured while riding on someone's golf cart in the neighborhood. They hit a ditch and the golf cart flipped over. The owner of the golf cart doesn't have insurance on the golf cart and refuses to help pay for my daughter's medical bills. Is there anything I can do to help pay these bills?

February 8, 2017

My husband was riding his bike and a car came at a high rate of speed over the bridge my husband was riding on and struck him. His injuries were serious and we have incurred more than $100,000 in medical bills. To make matters worse, the investigating police officer determined that the accident was my husband's fault in spite of my husband denying that he caused the accident. The driver's insurance company is refusing to pay anything. He only had $100,000 in bodily injury insurance which would not be sufficient to pay all my husband's bills any way. If the police say it was my husband's fault are we automatically out of luck? Might a lawyer be able to help? It seems so unfair.

February 1, 2017

A tractor trailer was going to make a delivery just before dawn last week. When the driver went to back up into the loading dock, he was also blocking the northbound lane of the road. My brother was driving northbound on the highway and didn't see the truck in time to stop and as a result he was decapitated. He had a wife and two children and his wife has been told that she doesn't have a claim against the truck owner, because he should have avoided striking the truck. Is that true? Is there anything that she can do?

January 25, 2017

My cousin was riding in a small ski boat and the driver of the boat drove at a high rate of speed into the wake of another boat. This caused my cousin to be thrown from his seat and he sustained a head injury, as well as broken vertebrate in his back. What can he do to get his medical bills paid?

January 18, 2017

Recently, my wife was going for some coffee and tripped over a pipe which was sticking 2 inches above the surface right outside the entrance to the coffee shop. As a result of her fall, she broke her hip and has to have surgery to replace the hip and fix other injuries. The store manager claims they are not responsible for her fall, because the property is owned by another company. What can she do? Who should be responsible?

December 21, 2016

My best friend was driving his motorcycle at a slow rate of speed and was involved in an accident in which he sustained significant head injuries. The person who caused the accident had a very low level of insurance which will not begin to pay for the surgery and medical bills he requires. He was wearing a highly rate helmet which failed to protect him, even though he was driving at a very slow rate of speed. Can he pursue a case against the helmet manufacturer?

November 30, 2016

My daughter's best friend was riding her motorcycle on I-75 when a tractor trailer in front of her had a tire blow out and the debris struck her bike and caused her to wipe out. She had sustained some very serious injuries and the police were able to identify the truck who had the blow out. She has a lot of serious medical bills and she only had limited insurance. Can she pursue the trucker? Should she talk to a lawyer?

November 16, 2016

My girlfriend's mother, who was visiting from out of state, pulled up behind a motorcycle at a stoplight. Then out of the blue, she was struck by a drunk driver which caused her car to hit the motorcycle ahead of her. She sustained brain damage and the motorcycle driver was injured as well. The drunk driver had no insurance - fortunately my girlfriend's mother had full coverage including something called an "Umbrella Policy". Will her insurance cover her? And what does an "Umbrella Policy" mean?

November 2, 2016

A friend of mine was working for Avis at the airport when another driver was returning a car and in the process, struck him. The Avis worker was severely injured including breaking his hip. What should my friend do? He is being told it's just a workman's compensation claim and that he doesn't need a lawyer.

October 26, 2016

Personal injury attorney Bruce L. Scheiner discusses having the right insurance in case of an accident.

October 19, 2016

I was riding my motorcycle on US 41 when headed to Sarasota when a pipe fell off a plumber's truck causing me to wipe out. The truck driver didn't even stop. I sustained serious injuries and had to have surgery. I have thousands of dollars in medical bills and lost wages. What can I do?

October 5, 2016

I was riding on a motorcycle that was rear ended and I sustained significant injuries including a broken leg which required surgery. The at-fault driver only has $10,000 in coverage and the motorcycle driver only had $25,000 in uninsured motorist coverage. I live at home with my parent and we have three vehicles with full coverage. My bills have exceeded both the at-fault driver and motorcycle driver's coverage. I was told by a friend that car insurance won't cover you on a motorcycle. Is that true? Can I get help?

September 28, 2016

My wife was rear ended while on her way to work. Her doctor referred her to a specialist, who thought it was only soft tissue damage, but when she went back after a week in severe pain he referred her to a specialist. After more tests, she actually had a small disc herniation in her neck which required surgery. The initial offer from the at fault driver's insurance company was $6,700. They feel that this was a pre-existing condition, but my wife has never had a neck issue in the past. She has now been out of work for 7 weeks and not sure when she'll be able to return and how limited she will be. The at-fault driver has a $50,000 bodily injury liability and we carry full coverage including uninsured motorist coverage. How can we make the insurance company be more reasonable?

September 21, 2016

This is going to sound bizarre and it is…my mother was a passenger in her own car. The person driving her car entered the intersection and the driver of a truck ran a red light and hit her vehicle. My mother sustained significant injuries including a broken pelvis. The insurance companies of both drivers have made an offer that will cover her current medical bills, but I feel that she will need more attention down the road. What are my options?

September 14, 2016

Four months ago, my parents were driving home from a friend's graduation party when they were struck head on by a drunk driver who was arrested and charged with vehicular manslaughter. 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 accident. He was cited for driving while intoxicated. 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?

September 6, 2016

Todd, I'm looking for some legal advice. 5 weeks ago I was rear ended on I-75 around Punta Gorda. I could see the slow down ahead and cars moving into the right lane, so I moved into the right lane and began to slow down when, about 10 seconds later, I got hit from the back, which caused my car to veer to the left, hitting the car in the left lane. I had to have neck surgery and I am going for physical therapy three times a week. My car suffered major damage. The person that hit me said I was an unsafe driver because I reduced my speed to under 50mph, which is true, but cars were slowing up ahead and I didn't want to hit the brakes at the last minute. The driver of the car that hit me and the driver of the car I hit wants me to pay for their damages. The police came and cited the other driver for driving too fast for conditions. So what do I do? My insurance company said they would handle this, but it has been a month and I can't get a solid answer from my own agent and the bills are starting to come in.

August 24, 2016

I was a passenger in my father-in-law's car when a drunk driver crossed over the center line and crashed head on into the vehicle I was a passenger in. I was life-flighted to Lee Memorial Hospital. I have extremely large medical bills and very severe injuries. The drunk driver had no insurance and I don't own a car. My father-in-law has full coverage including uninsured motorist coverage, but not enough for all my bills, but he also has something called an umbrella policy. What is an umbrella policy? Is that something that can help with my situation?

August 17, 2016

My daughter went for a ride in her friend's dad's golf cart. She was driving erratically and ended up running the cart into a tree. This caused my daughter to have severe injuries. The insurance company is claiming my daughter was not authorized to drive the golf cart, and thus they had no responsibility. However, many people have seen others driving the golf cart, even when the father was present. What can I do to get my daughter's medical bills paid?

July 20, 2016

My next door neighbor was riding a motorcycle in Collier County when a truck hailing oranges turned in front of them. Both were life-flighted to the hospital with very severe injuries. The driver didn't have anywhere near enough insurance to begin to cover the bills. Is there anything they can do?

July 13, 2016

My cousin was waiting to make a left turn onto US-27. When the light turned green, my cousin made a left hand turn and he was crashed into by a trucker who had apparently fallen asleep. The medical bills are really piling up and I'm getting no response from the trucker's insurance company. What should we do?

June 29, 2016

My sister was riding on the back of a friend's motorcycle. Another vehicle made a left turn in front of the motorcycle, causing a horrific accident. My sister required a hip replacement and neck fusion. Medical bills are substantial. The driver of the motorcycle was killed and witnesses say both the motorcycle and the other vehicle ran a red light. Is my sister out of luck due to the red light issue?

June 1, 2016

My husband was riding his motorcycle parallel to the beach in Venice when all of the sudden a car pulled out in front of him. My husband just got out of intensive care and will need a lot of medical attention. I got out our insurance policy and I think we have full coverage, including uninsured motorist coverage, but the policy indicated we had "stacking" coverage, which is a term I have never heard of before. Is that a good thing? Do we still need to talk with a lawyer if we have full coverage? The other driver only had minimum coverage.

May 25, 2016

I need some advice. My niece was riding on the back of a motorcycle. The driver of the motorcycle cut in front of a car a little too close clipping the back of the bike causing it to go down, killing the driver and severely injuring my niece. We come to find out the driver of the motorcycle did not have motorcycle insurance and her family doesn't know what to do. They are concerned that since it may be his fault and he didn't have insurance that they may be out of luck. My niece is in her early 30s and this accident will likely affect her for the rest of her life. What should the family do? A neighbor recommended a lawyer, but they don't have any money and don't know much about the law. What should they do?

May 18, 2016

I have had the same insurance agent for 15 years. I had thought I had complete coverage, but when I was struck by a motorist who did not have insurance, my insurance company said I did not have UM (uninsured motorist) coverage and I was out of luck. Am I really out of luck? And how much UM should I be carrying?

May 11, 2016

My son was a passenger in a pickup when the truck was rear ended. That person was cited for texting while driving and failure to stop for a red light. A couple of days later, my son's back began hurting and he wanted to see a doctor. When we contacted the insurance company of the at-fault driver, they said we needed to go through our insurance (my son doesn't have a car, but is covered on our policy). Is that true? Won't that cause my insurance rates to go up? It just doesn't seem fair. When I had made a couple claims on my homeowners insurance, my rates went through the roof.

May 5, 2016

My 14 year old daughter was having problems with some of her classes at school and it was recommended by the school counselor that they arrange for her to get some tutoring after classes at the school. What we didn't know is that the school hires an outside company for tutors. Well our daughter came home in tears and told us she was sexually assaulted by her tutor. We contacted the police and they arrested the tutor. Needless to say my daughter has been severely traumatized and is going to need extensive therapy and other mental health assistance. The school has been avoiding taking responsibility and we are incurring significant expenses. Can we sue the school?

April 20, 2016

I was in a truck accident off of I-75 in Fort Myers and got pretty banged up from a severe neck injury (which the doctor tells me I need to wear a neck brace for the next 6 weeks) to back injuries and a broken leg. I hired an accident attorney right away to handle my case. Because I was out of work with my injuries, I got behind on my bills and some are in collection. It got so bad that I hired a bankruptcy lawyer who recommended I file chapter 7 bankruptcy, which I did. I had told my bankruptcy lawyer I had a settlement pending. Now I have been notified that my insurance company is willing to settle for the policy maximum of $100,000. However, when I told my accident lawyer about filing chapter 7 bankruptcy, he informed me I may not be getting any of the settlement money. Is this correct?

March 30, 2016

A woman was riding on a motorcycle and the driver cut in front of another vehicle. The driver was killed and the woman is in the hospital in critical condition. The driver didn't have motorcycle insurance and her family doesn't know what to do. They are concerned that since it may be his fault and he didn't have insurance that they may be out of luck. The woman is in her late forties and this accident will likely affect her for the rest of her life. What should the family do? Someone recommended a lawyer, but they never heard of the lawyer, they don't have any money, and don't know much about the law. What should they do?

March 2, 2016

Thursday afternoon I was at a light by the mall when all of a sudden I'm rear ended. I find myself in need of help. Two days after the accident, I learned that my car is going to be totaled. Medically I suffered a concussion, my neck is stiff and swollen, my right shoulder is sprained, and I not only have torn ligaments in my left knee and ankle, but a fracture of my right leg as well. Needless to say these injuries are preventing me from returning to work. I am an independent truck driver and I am the bread winner of the family. Do I have a case? If so, can I recover more than just the medical bills? I forgot to tell you that the driver that hit me was cited at the accident.

January 13, 2016

My family recently returned to our home here in Fort Myers after spending 7 days at a beach side resort in the panhandle. It was a great time until our last evening. I decided to end our vacation by taking the family to a nice restaurant rather than ordering a pizza. I decided to shower and get myself ready. When I jumped into the shower I felt extremely hot water coming out of the shower head. Before I could turn the water off, I suffered 3rd degree burns on my face, scalp, chest, arms, and hands. This is according to the doctor who treated me in the emergency room. We did have a notice slipped under the door that morning notifying us that water was being shut off to the condo for 3 hours from 1p - 4p for some type of work…there was no mention that a water heater was being replaced or that we should be careful when using the hot water. The resort, while sympathetic, told me that there was no negligence on their part because they gave us notice that work was being down on the water and that I should have been more careful. My question is what can I do? This is more of a “he said, she said”. I only know that I have mounting medical expenses with more coming and I cannot afford to handle it all. Please give me advice.

January 6, 2016

My girlfriend was a passenger on her cousin’s motorcycle. They were hit from behind and she had to go to the hospital. She has always had full coverage on all her vehicles and didn’t realize that her cousin didn’t have motorcycle insurance. Is there anything she can do to help pay for her injuries?

December 16, 2015

A friend of mine totaled his new F150 and was not at fault. He’s ex-military so although he was hurt, he doesn’t feel he was injured very much. He loves his truck and is desperate to get it replaced and doesn’t really want to seek medical treatment for some back and neck injuries. The insurance company of the guy that hit him is offering to replace the vehicle and give him a couple thousand dollars for his injuries. I think he should talk to a lawyer because if the insurance company is offering him money for his injuries, it may be a lot worse than he thinks.

December 9, 2015

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 at a high rise condo project when a transformer that he had been told by his supervisor was de-energized electrocuted him. The shock force burned 10% of his body and knocked him off of 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-hour attendant 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.

December 2, 2015

My husband who travels for a living was driving in Orlando in an area where they were doing construction on I-4. Apparently, the construction company had inadvertently dug into a drain that was underneath an off-ramp. It caused a giant hole in the off-ramp which he hit into at about 25 miles per hour. He has sustained a lot of significant injuries. I was told by a friend that I can’t sue the county or the highway department. Is that true? What about the contractor? My husband has very severe injuries as well as loss of income. Where can we turn for help?

November 25, 2015

I hope I’m not too late asking for help. My husband is 44-years-old and is a physician. He was involved in an automobile accident 26 months ago. His head hit the steering wheel and he was unconscious for less than two minutes. There were no fractures and other than a severe headache he did not seem to have suffered any brain injury. Over the course of these two years, myself and our sons have noticed a modification of his normal behavior patterns. He seemed to be restless, doesn’t sleep well, and can be aggressive and argumentative when he had not been before. He’s "not himself". It took a month of me nagging him to please get checked out by a specialist. The neuropsychologist who did a very thorough neuropsychological evaluation concluded that my husband had suffered moderate brain damage. It has been slightly more than 2 years, is it too late to go back and ask for money from the at fault driver?

November 18, 2015

A few weeks ago, I was stopped at a red light and was going to make a left hand turn. After the arrow light turned green indicating it was okay to turn left, I was suddenly hit by a driver coming through the intersection. Immediately on impact, I felt a severe pain in my left ankle and chest and was rushed to Lee Memorial Hospital. I later learned that the bones in my left ankle had been crushed and my chest severely bruised. Ultimately, I required surgery to repair my left ankle which included inserting two large screws into my ankle bone. In addition, the bruising on my chest was so severe that I had to undergo surgery for a partial mastectomy of my right breast. My bills are piling up and I have nowhere to turn, can you help? If it helps, I do have two witnesses who told the police they saw the other driver trying to speed up to beat the light. His insurance company is only offering a small amount of money which won’t even cover my medical bills. I don’t know how much insurance the other driver had. Do they have to tell me that? How can having a lawyer help with this situation?

November 11, 2015

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 accident. 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?

November 4, 2015

I was out biking this past Sunday in Cape Coral when I suffered a serious accident. I need your advice on what I should do next. I was riding in a bike lane when I noticed up ahead an area, roughly 4 by 6 foot, where road work had taken place. The road work was across the entire bike lane and extended another foot into the right lane of the road. The repaired area was filled in with what I now know was loosely packed black top. As soon as I came across the black top, my front tire sunk into the material, throwing me over the front handlebars. I suffered a broken collar bone, a left arm which is broken in two places, plus I will need at least three teeth implants and several caps. What I cannot seem to find out is who is responsible? I want them to pay my medical bills. I have called the city of Cape Coral and the state highway department and I seem to be getting the run around. I was told that the city contracts with a private company to do the road repair work. Can a lawyer help me get answers and get my bills paid?

October 28, 2015

My wife and I were having dinner out when she had to use the ladies’ room, which was located in the rear of the restaurant. On her way to the restroom, she walked past the set up station where they have the ice machine. While walking past, she slipped on what we now know was a wet floor. She suffered a severe injury to her lower back and neck, currently she is confined to bed because of pain when she stands up, plus she is in a neck brace supplied by the emergency room doctor. The restaurant’s insurance carrier has denied coverage, but I don’t understand why because the manager came over and said the ice machine had been leaking and they were planning on having it fixed. He also said that they would take care of everything. What happens next surprised us- the owner of the restaurant has filed for bankruptcy. Where do we turn?

October 21, 2015

I was biking with a few friends in Cape Coral when I was involved in an accident. We just made a turn onto a side street with a bike lane when I rode over a misaligned sewer grate. My front tire dropped into the slot in the grate, stopping the bike instantly and tossing me over the handle bars. I was rushed to the emergency room where I was treated for head trauma (I had a helmet on), a broken collar bone, and a torn rotator cup which will require surgery and at least 8 weeks of rehab. It turns out that the grate was running parallel to the road rather than horizontal, which is the correct way for those grates to be installed. When the city was contacted, they said they had an independent contractor who inspects and maintains the sewer system. Can I get help for my medical bills and lost wages from either city or the contractor, or both?

October 14, 2015

My husband wants us to book our travel accommodations in Europe on Air B&B. I read a recent article about a man who was sexually assaulted and held hostage in a room and was wondering if Air B&B is liable for the actions of his room providers.

October 2, 2015

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.

September 25, 2015

My husband no longer drives and he is frequently using his Uber app to get around town. What type of insurance coverage are these drivers required to have?