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Ask The Lawyer - Radio Show (Part 2)

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?


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?

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