Ask The Lawyer - Radio Show (Part 3)

January 4, 2023

My brother-in-law was riding his motorcycle home from work on New Year's eve when he was struck by a drunk driver who ran a stop sign. He has just been released from intensive care and will need multiple surgeries. The driver was arrested and charged with drunk driving. The driver only has minimum insurance, which won't begin to cover his medical expenses. A news story in the paper indicated that the driver had been flagged for drunkenness several times by the bartender at a local bar. However, the same bartender still served him multiple margaritas on New Year's eve, according to one patron. The patron said he tried to get the driver's keys less than an hour before he struck my brother-in-law. Can you ask the lawyer if anything can be done to help my brother-in-law?

December 7, 2022

While shopping in a large discount department store, my mother was struck from behind by two large boxes which were part of a Christmas display. While waiting for paramedics to arrive, a clerk told my mother that this was the third time something had fallen from the display, which had been put up by one of the store's vendors. My mother spent three days in the hospital and will need knee replacement surgery due to the fall. The store's corporate offices are saying they are not responsible for the accident because it was set up by one of their vendors. We are getting nowhere with the company. Can a lawyer help us?

November 30, 2022

My brother borrowed a friend's motorcycle, and while he was stopped at a stop sign, he was struck from behind by a dump truck and was taken to the hospital with server injuries. A witness at the corner saw the accident and told the police the dump truck driver was on his phone. My brother was given a ticket for no motorcycle endorsement, and now the truck driver's insurance company denied my brother's claim because he didn't have an endorsement. Can the lawyer help?

November 16, 2022

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

November 9, 2022

My daughter went to one of those dental chain offices to have her wisdom teeth removed. She was given anesthesia, which is standard procedure. My daughter is somewhat resistant to anesthesia, so she woke up to discover the dentist had lifted her dress and touched her private parts. In a loud voice, she 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. It turns out this dentist had been charged with sexual assault in another market. My daughter has been greatly traumatized by this experience and wants to know what we can do.

November 2, 2022

My younger brother and a friend were visiting from Tampa and decided to go to Ft. Myers. While at a local bar, someone pulled a gun and shot my brother's friend. He was taken to the hospital and is recovering now from surgery. His friend doesn't have medical insurance and is about to start a new job. According to the news reports, the bar had been the scene of several other shootings over the last year and a half. The police are still investigating, but they don't have any video from the camera system installed a year ago because it hasn't been working for over a month, according to the bar owner. Is there anything the lawyer could do?

October 26, 2022

My nephew and one of his friends were crossing the street in the crosswalk with the pedestrian light in his favor when he was struck by a vehicle headed in the same direction, making a right-hand turn. The drive struck my nephew, sending him to the hospital with a broken leg and other injuries requiring surgery. The driver's insurance claims he had the green light and was not at fault. My brother has five children, and his wife is disabled, so they can't afford the hospital bills, not to mention the physical therapy his son will need. My brother doesn't know what to do and is afraid to call a lawyer because he doesn't have the money to pay legal fees. Can you ask the lawyer what my brother should do?

October 19, 2022

While staying at a friend's house in Sarasota, my son borrowed his friend's motorcycle. He was riding on state road 45 when a driver ran a red light and struck him. He was thrown over 10 ft and was taken to the hospital with severe injuries. The driver who ran the stop sign had a suspended license and no insurance. His friend who lent him the motorcycle only had minimum insurance. He has already spent ten days in the hospital, and the medical bills will be enormous. My brother, an accountant, had recommended that because we have multiple vehicles, we should have something called stacking coverage, including uninsured coverage. Still, we are worried because my son wasn't driving in our cars. Can the lawyer help?

October 5, 2022

Attorney Bruce L. Scheiner discusses important steps victims of Hurricane Ian should take now. And what kind of insurance and help is available.

Homeowners Insurance issues:

• File your insurance claim immediately
• FEMA covers uninsured homeowners
• Homeowners Insurance vs. Flood Insurance
• Water Damage that Homeowners covers
• Two types of Homeowner "replacement cost vs. Damage."
• Why you should file claims now
• What happens if your insurance company goes bankrupt

Automobile Insurance Coverage

• Comprehensive coverage is the only coverage that will pay for hurricane damage.

September 21, 2022

My sister was a passenger in a car struck by a late model Lexus while exiting a shopping center. The driver of the vehicle my sister was a passenger in told the police that he had looked both ways, but the other car appeared to be so far away that he had plenty of time to pull out. However, because the vehicle that struck them was speeding, he hit the passenger side of the car. She was taken to the hospital with severe injuries requiring surgery. The at-fault driver has denied he was speeding, and there are no witnesses. Is there anything a lawyer could do?

September 14, 2022

My uncle went to the low price big box store just after 8 pm. He was walking toward the door when an employee ran into his back with a bunch of shopping carts. My uncle fell and shattered his knee, and he will need surgery. The manager came out and called an ambulance. He told my aunt that he would file an incident report and that the store would handle the medical bills. Three weeks later, when they contacted the corporate offices, they said that the employee denied running into my uncle and that they would not pay for his injuries.

September 7, 2022

Our friend's family rented an Air BnB in Florida. They had their elderly mother who went into the backyard, fell into a hole left from unfinished repairs, and broke her hip, which will require surgery. The homeowner was aware of the hole and meant to have it filled but did not get to it before the guest's arrival. Unfortunately, the homeowner's insurance has an exclusion for renting the home. Can you ask the lawyer if there is anything they can do?

August 31, 2022

While staying at a famous attraction resort, I booked my 17-year-old daughter booked 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, later arrested the Masseuse, and charged him with sexual assault on a minor. My daughter has been severely traumatized and has been in therapy for depression and anxiety for months. This person had been previously charged with sexual assault at another facility. When I contacted the hotel about paying for my daughter's therapy and counseling, they indicated that the Spa was owned and operated by an independent company that has since gone out of business. We had no idea this was an independent company as it was billed through the hotel. The hotel manager is saying they are not responsible. Can the lawyer help?

August 24, 2022

My elderly mother was crossing at the crosswalk on his three-wheel battery-powered bike when she was struck and killed by a car. The driver attempted a right-hand turn at a red light and claimed that my mother waved the driver through from the curb. However, the police report indicated that my mother 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 mother (both claims the driver denies). The driver's insurance company refuses to deal with me, claiming negligence on my mother's part. What can we do?

August 17, 2022

My uncle, who lives in Ohio, was visiting friends on Melbourne beach when he was struck and killed while riding his bike by a man driving a truck. Police investigated the accident and arrested a man who told the police he was going to a pool cleaning job that he got notified about on the company-provided phone. He was arrested and was charged with leaving the scene of a crash involving death. He is being held in the Brevard County Jail on a $15,000. My aunt and cousins are devastated. The driver's insurance company offers the insurance maximum of his policy which is only Fifteen thousand dollars. The pool company said he was not an employee but contract labor. Can you ask the lawyer if there is anything else a lawyer could do?

August 10, 2022

A young man driving a pick-up turned left in front of my brother, an experienced motorcycle rider who had to lay their bike down to avoid a collision. The motorcycle rider was thrown over the handlebars and onto his shoulder, breaking his shoulder blade, which will require surgery. In the Police report, the driver did not deny turning in front of the motorcycle rider but denied that he made any contact. The pick-up driver's insurance claims it is not their fault because there was no contact.

August 3, 2022

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

July 20, 2022

My nephew was crossing route 41 in the crosswalk with a light in his favor. A vehicle turned from the intersection and struck him, sending him to the hospital with severe injuries. The driver was also taken to the hospital because he had a seizure. The insurance company for the driver has told my brother (his dad) that the accident wasn't his fault because he had a seizure. My brother got a copy of the police report, which indicated that the driver's wife said he had been having seizures for several months. Can you ask the lawyer if the insurance company is correct that the driver is not responsible because he had a seizure?

July 13, 2022

A friend of mine was working for Hertz's downtown location when a driver was returning a car and, in the process, struck him. The Hertz worker was severely injured, including breaking his hip and severe brain injury. He may not be able to work again. 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. We are worried workman's Comp may not pay enough for his injuries.

July 6, 2022

My son was riding his bike at a pedestrian crosswalk with a green light in his favor. He was struck by a vehicle that sent him to the hospital with severe injuries. The driver was ticketed, but the driver didn't own the car. The driver was a friend of the car owner's son who was intoxicated and asked his friend to drive him home. The insurance company denies coverage because the driver didn't have permission to drive the car from the owner. Can the lawyer help us?

June 29, 2022

My 17-year-old nephew was a victim of a hit-and-run accident while riding his new motorcycle on Tamiami Trail. He has been in the hospital with severe injuries, and the doctors say he may need multiple surgeries. My brother, his dad, has three vehicles, all with full insurance coverage, including uninsurance coverage, but his son failed to get insurance on his new motorcycle. My brother doesn't have a lot of money, and he is worried about the medical bills. Can you ask the lawyer if there is anything he can do?

June 22, 2022

Todd, this is a little complicated, and we need some help. My brother rode his motorcycle on a section of I-75 south with three lanes. My brother was in the passing lane closest to the median when a car driving in the middle lane swerved in front of him, causing him to go off into the median. As a result of entering the median, my brother was thrown over 20 feet from his motorcycle. He was hospitalized with severe injuries, including a broken hip. It turns out the car that swerved in front of him had been struck by a commercial truck which caused his vehicle to swerve into my brother's lane. The car driver never struck my brother, and his insurance company says they are not responsible. Is that true? Can you ask the lawyer what my brother should do?

June 15, 2022

My daughter and her family were driving to spend a few days at the attractions in Orlando when she was involved in multiple cars and tractor-trailers accident on I-4. Here car flipped over and landed in the median. My daughter and her 5-year-old daughter were both taken by ambulance to the hospital with serious injuries. The reports on the news indicated that several witnesses thought one tractor-trailer driver was speeding and switching lanes, causing a multi-car accident. We don't know who struck my daughter's car. She has full insurance, and her husband thinks they should leave things to the insurance company. I think this situation will be complicated, and the insurance company may try to minimize my daughter's claim. Could you ask the lawyer to explain why my daughter shouldn't wait to contact a lawyer?

June 8, 2022

My daughter and our four-year-old granddaughter were visiting from Philadelphia. They were staying in a time share owned by a friend. They have a fenced pool, but the gate was broken, and my granddaughter wandered into the pool while being watched by a neighbor. My daughter was unloading stuff from her car when she heard a girl scream, and she ran to see her daughter floating in the pool. Luckily she knew CPR and was able to resuscitate her, and she was taken to the hospital by ambulance. The doctors think she may have had some brain damage from being unconscious for over four minutes. We are going to have significant medical bills and probably a long rehabilitation. The timeshare owner had us contact the management company, and they claim they had paid a pool company to fix the fence, so they are not responsible. They also claim we shouldn't have been at the timeshare because my daughter is not an owner. We are so confused. Can the lawyer help us figure out how to proceed?

June 1, 2022

I was shopping in a large retail business when I slipped and fell on a puddle in the middle of the aisle. That day there were multiple heavy rainstorms. I tried to soften my fall by extending my arm; however, it worsened my injuries. I have a broken arm, torn ligaments in my shoulder, and a shattered knee. I will need multiple surgeries and therapy. I will also have to miss three months of work. The manager gave my wife a contact number for corporate headquarters, he apologized saying I was third person to slip where I fell in the last two days. Still, they are claiming they are not responsible because they had just had the roof repaired, and thus the roofing company is responsible. Can you ask the lawyer what we should do? The manager acted like they would handle all our medical bills, and now we are getting the runaround.

May 25, 2022

My daughter was at a stop sign and looked both ways before pulling out. She saw a Tractor Trailer at a great distance, and she thought she had plenty of time to cross the intersection. The truck ended up striking her vehicle at a high rate of speed. My daughter is severely injured and has been in a coma for over a week. A witness had told the police that she thought the truck was speeding. The trucking company denies that, and their insurance company denies liability because my daughter violated the truck driver's right of way. Is there anything we can do?

May 18, 2022

My husband was riding his bicycle in Ponte Gorda when a car made a right-hand turn at a red light. At the same time, my husband was crossing within the crosswalk with a light indicating he could go. The car struck him, and as a result, he was hospitalized with a compound fracture of his leg which required surgery. The driver who struck my husband was not insured. We have high limits of bodily injury coverage on our vehicles, but our insurance agent told me we had no uninsured motorist coverage. I don't remember rejecting uninsured motorist coverage. Is there anything we can do?

May 11, 2022

My daughter was riding on the back of a motorcycle. The motorcycle driver cut in front of a car a little too close, clipping the bike's back and causing it to go down, killing the driver and severely injuring my daughter. We found out the motorcycle driver only had minimum motorcycle insurance, and I didn't know what to do. My daughter is covered under my insurance, including our umbrella policy. However, I am concerned that our insurance won't cover the accident since the driver she was riding with might have been at fault. My daughter is only 19, and this accident will likely affect her for the rest of her life. I am on disability and don't have any money, can the lawyer help?

May 4, 2022

My son was t-boned 'by a car that ran a stop sign. He was taken to the hospital with a broken neck, collapsed lung, and concussion. The driver who ran the stop sign was a rideshare driver with a passenger in the back. When we contacted his insurance company, they indicated that he was not covered under their policy because he had failed to notify them that he was a driver for a rideshare company. The medical bills, therapy, and lost income are devastating for my son and his new family. Can the lawyer help us?

April 27, 2022

My 19-year-old daughter had booked a massage at a Venice massage salon. The male therapist touched her genitals. When I confronted the man, he claimed that touching her genitals was part of the therapy. My daughter is distraught and will need a lot of counseling and treatment. The masseuse has quit and disappeared because the police are looking to charge him with sexual battery after they got him to admit he touched her in a controlled phone call. The salon is claiming they are not responsible, and they also indicated it could have been part of her therapy. Can the lawyer help us know what to do?

April 20, 2022

My wife was in a severe car accident with multiple injuries and lost wages. The at-fault driver's insurance company indicated they would pay all our medical bills, car repair, rental car, and lost wages. But now, three months later, they are balking at the medical bills and want my wife to see their doctors, and nothing is as promised. They have paid us some money but nothing near what we need. Is it too late to contact an attorney? The friendly company of three months ago is gone and we are worried.

April 13, 2022

An avid bike rider, my son, was hit by a driver who opened his car door and struck my son, who was riding his bike. My son was taken by ambulance to the hospital with several broken bones, including a fractured jaw. The police came and got the driver of the car's information. We don't know whether we should pursue the driver's car insurance. Can we pursue our uninsured motorist coverage if the driver is not insured? We are lost and need advice from a lawyer.

April 6, 2022

My nephew was riding down state road 776 on his motorcycle when he was struck crossing an intersection. The delivery vehicle that struck him ran a red light but claimed that he couldn't see the light or my nephew due to the fog, and thus he claims he is not liable. The fog was heavy, but it didn't seem right that he claimed not to be responsible. My nephew only has minimum insurance, and he is still in the hospital with very severe injuries to his legs. Can you ask the lawyer what we should do?

March 30, 2022

My husband was killed riding his motorcycle at Daytona Bike Week. He was struck by a delivery truck, and the truck driver was ticketed for violating the right of way of my husband. My husband and I have two adult children, a son who is 23 and a daughter who is 21. A family friend said that my adult children should have an attorney as well as myself. I am so confused as to how to proceed. Do we need multiple attorneys? Please ask the lawyer what is best. We are heartbroken and don't want our grief to impact our case negatively.

March 16, 2022

My daughter rode her bike home from school and was struck by a drunk driver who ran a stop sign. The driver had a suspended driver's license and no insurance. My daughter was taken to the hospital by ambulance with several broken bones, including a shattered knee. I have full coverage, including uninsured motorist coverage but a friend of mine said that since my daughter doesn't have a driver's license and wasn't in our car, he didn't think our car insurance would help. Can you please ask the lawyer if we are out of luck? The medical bills are going to be enormous.

March 9, 2022

My husband, who is in his 30s, was in a terrible motorcycle collision and is currently unable to walk due to his injuries. The doctors say he will need lots of therapy, and I will probably have to quit my job to take care of him. He may be paralyzed for the rest of his life, and we were starting to plan for a family. The driver who hit him died in the accident, and he only carried minimum insurance. Luckily we have full coverage, including uninsured coverage. The insurance company says they will pay the medical bills, but it will be a tremendous loss if I leave my job. Can you ask the lawyer if the insurance company should pay for my lost wages? What about the possibility we won't' be able to have a family. Even though the insurance company is acting like they will be there for us, should I still get a lawyer?

March 2, 2022

My wife was crossing the street when one of our neighbors driving a golf cart struck her. She was taken to the hospital and had a broken hip which will need surgery and months of therapy. The person driving the golf cart gave me his car insurance company information. Still, the insurance company is saying they are not responsible because a golf cart is not a motor vehicle. I was surprised as many people in our area used golf carts to travel the roads to run errands etc. I have full coverage of my cars, but now I am not sure my insurance will cover the accident. Would you ask the lawyer if what I am being told is true? Is there anything a lawyer could do to help?

February 23, 2022

My Brother is in the hospital because yesterday he was struck by a car while riding his motorcycle. The other driver was ticketed, but I don't know all the details. I had told my sister that we should contact a lawyer immediately, and she thinks we should wait to see how injured he is and what our insurance says. Can you ask the lawyer why we should contact a lawyer now.

February 16, 2022

My wife was shopping at a local supermarket when she went down one of the isles. She slipped on a slippery substance that was on the floor. The fall caused her to break her hip and wrist. She will have to have surgery on both her hip and her wrist. The manager came over and stated that he had told one of his employees to clean up the mess 15 minutes ago. The store acted like they would pay all the medical bills and even lost income, but then their insurance company claimed they were not liable and didn't believe my wife slipped on anything. The assistant manager said he saw the whole thing on the office video system, but now they claim there is no video. (an employee friend said he heard one of the bosses talking about making the video disappear). Can a lawyer help us, or is it too late if we have already spoken to the insurance company. Is there anything you can do if they destroy evidence?

February 9, 2022

My seventeen-year-old daughter rented an E-bike, and while she was riding down the street in Ponta Gorda, she was side-swiped by a car that had just driven away. She was knocked unconscious when she struck a pole at a pretty high rate of speed. Luckily, a witness called the police, who arranged to have my daughter taken to the hospital. The doctors indicated she has several broken bones and a concussion. The witness described the vehicle, but that's all. I have full coverage on my vehicles, but I am being told an E-Bike isn't considered a vehicle. Can you ask the lawyer if we will have to pay all the medical bills on our own?

February 2, 2022

My wife and I were celebrating our anniversary at a Venice restaurant. A waiter cleaning the table dropped a glass of water and continued to the kitchen instead of cleaning the spill. When my wife went to use the bathroom, she slipped on the spill. She fell hard on her arm and struck her head. She was taken to the hospital and released. Weeks later, she was still having severe pain. After multiple visits, her doctor sent my wife to a pain specialist, who diagnosed her with RSD. The insurance company wants to settle by paying the current medical bills and $10,000. It seems like a lot of money, but we are concerned that RSD could involve a very long treatment period and maybe physical therapy. Can you ask the lawyer what he thinks we should do? We are worried about the future.

January 26, 2022

My husband was riding his bicycle on Tamiami Trail when he was struck by a car that ran a red light. My husband had severe injuries, including broken bones. The driver was ticketed, and when we contacted his insurance company, they indicated they would take care of all our medical bills. Two months later, they are questioning my husband's injuries and want him to see one of their doctors. I am concerned that their doctor might minimize my husband's injuries and required therapy. Is it too late to contact a lawyer? Does my husband have to see their doctor? How can a lawyer help protect us?

January 19, 2022

My 17-year-old daughter was in Miami visiting my sister, and she decided to go to a shopping mall across town. As she and one of her cousins were leaving one of the stores, there was an altercation, and she was shot by a stray bullet fired by a young man about twenty feet from my daughter. She was rushed to the hospital with a severe spine injury from the shooting. When I watched a local news story, they reported that this mall was the site of several previous shootings. Following an earlier incident, they had promised the public that they would increase security. The reporter on my daughter's shooting scene indicated that none of those security measures had been implemented. The hospital doctors tell my daughter she will need extensive physical therapy and treatment. Our family struggles to meet our bills and can't afford this extra expense. When we contacted the mall management, they denied responsibility. Can you ask the lawyer if there is anything we can do?

January 12, 2022

My daughter attending school in Sarasota was sexually assaulted by a maintenance staff member at the apartment complex. It turns out that the maintenance person who was hired by the complex had a previous sexual assault conviction in Orlando two years earlier. The maintenance person had a master key and could access her apartment when her roommates were away over the weekend. My daughter is devastated and will need psychological therapy to deal with the trauma for a long time. We wanted to sue the apartment complex, but we were unsure if hiring a lawyer in Sarasota was necessary. Can you ask the lawyer who we should contact? Shouldn't there be better laws to protect apartment renters?