Ask The Lawyer - Radio Show
Bruce L. Scheiner speaks with Todd Matthews on KIX Country 92.9 every Wednesday morning at 9am to answer questions related to Personal Injury. If you have missed any of these features, we have archived audio files of previously broadcasted features here on the “Ask the Lawyer” page.
December 11, 2019
My son was struck by a white van while riding his bicycle. He received severe injuries including a broken arm, shoulder blade, and a knee injury, which may need surgery. The driver of the van was wearing an Amazon delivery shirt and delivering Amazon packages. The driver only had limited personal insurance, and Amazon is claiming that they are not responsible because he is a contract worker. Is there anything that a lawyer can do?
December 4, 2019
My disabled sister, who walks with a cane, was in one of the big box stores. When she went to enter the bathroom, there was a raised floor between the regular floor and the area to go back to the bathroom. My sister fell and broke her hip. The store claims that there is no liability on their part. The medical bills and loss of income from her job are quite extensive. Is there anything the lawyer can do?
November 13, 219
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 has 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.
October 30, 2019
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 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 was told that she doesn't have a claim against the truck owner. The company is claiming that he should have avoided striking the truck. Is that true? Is there anything she can do?
October 16, 2019
My stepdad was walking across the street, not in a cross walk, the nearest one is almost a mile away. He's disabled and has trouble walking. After checking if the road was clear, he started walking and was clipped by a car halfway across. My stepdad was taken by ambulance to the hospital, and FHP saying he was at fault for not using a cross walk. The hospital did a head CT and the next day he followed up at his doctor and was told he had bruised ribs. A few days later, he then found out his foot was broken and will need surgery to repair his foot. My stepdad is under the impression, since FHP said it was his fault, the driver had no responsibility for any medical bills. He is on a fixed income and can barely pay the copay. He needs surgery but is afraid to get it done due to the cost. Is there anything that can be done?
October 2, 2019
My brother was riding his Harley-Davidson when a car failed to stop at a stop sign. My brother was taken to the hospital with two broken legs. Unfortunately, he did not have motorcycle insurance. What makes matters worse is the driver of the car who ran the stop sign, only had minimal insurance. My brother's friend whom had been riding with him at the time of the accident, said the car that hit him had a pizza delivery sign on it and the driver was wearing a pizza company shirt. Can a lawyer help him get his bill paid for?
September 18, 2019
This past weekend I was at an anniversary party in the home of a close friend. As I was walking out onto the patio, I tripped on a patio paver that was sticking up several inches, which the homeowner indicated I was third person to stumble on that same paver. My feet came right out from under me, causing me to land on my back. Right now, I have a very sore back, neck, shoulder, and arm. Since I don't have medical insurance, I asked my friend, the homeowner, if I could submit a claim against her homeowner's insurance, to pay for x-rays or MRI, etc. After one week of no response, I am asking you what I can do? I haven't been able to walk or drive, which means I can't get to work. Does the homeowner have to provide me the information?
September 11, 2019
Two days ago, I was hit by a car from behind while I was stopped at a red light. I learned that my car is going to be totaled. Medically I suffered a concussion, and stiff neck and my right shoulder separated. Also, I have torn ligaments in the left knee and a fracture of my right leg. These injuries are preventing me from returning to work, I am an independent truck driver, and I am the breadwinner of the family. Do. I have a case? If so, can I recover more than just the medical bills? By the way, the driver that hit me was given a ticket at the accident.
August 28, 2019
I drove my grandmother to of those large superstores and dropped her off near the entrance. As she was walking to the door, an employee with a long line of shopping carts hit her, causing her to fall breaking her hip. The assistant manager stated to me that it was not the stores' responsibility because she was outside the store. Can a lawyer help?
August 21, 2019
Two years ago, I was injured while shopping at a local franchise convenience store. It had been raining, and when I came through the front door, I slipped on the wet floor. When I fell, I came down hard on my knee, which resulted in a tear to the meniscus. I needed surgery to repair the damage and then extended rehab. All my out-of-pocket medical expenses and lost income (I am an independent CPA) has reached $38,500 ($10,000 is my medical insurance out of pocket). The franchise store has since closed, and from my understanding, the franchise owner has filed for bankruptcy. Do I have the right to go after the store's insurance company to recoup my expenses and losses? I tried to do this on my own since it was a local store and the manager said she should have mopped up the wet area or posted a sign.
August 7, 2019
My daughter had been staying for the last two months with a friend in Miami. This was for convenience because she was doing an internship for a company in Miami, and the commute from Port Charlotte to Miami would have been too long. She was involved in a car accident, and the at-fault driver did not have any insurance. She has a broken arm and neck injuries as a result of the crash. We have uninsured motors coverage on all our cars, including hers, but my insurance company is telling me she's not covered under my insurance because she's no longer a resident in my home. Am I out of luck?
July 31, 2019
A woman I know was hit from behind in a terrible car accident that actually caused her seat to break and gave her severe back injuries. She will likely need multiple surgeries and therapy. Unfortunately, the at-fault driver only has minimum insurance coverage. Is there anything she could do to get her extensive medical bills paid?
July 24, 2019
I was biking with a few friends in Port Charlotte 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 perpendicular 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?
July 17, 2019
My sister wants us to book our travel accommodations in Europe on Air B&B. I read a recent article about a woman 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.
July 10, 2019
My husband no longer drives and he is frequently using his Uber app to get around town. He was riding with Uber and the driver was in an accident in which my husband was taken to the hospital with severe injuries. The other driver was at fault. The driver's insurance claimed they were not liable as their policy doesn't cover driving for Uber. Can a lawyer help us with the enormous medical bills?
June 19, 2019
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. She keeps telling me that he will take care of replacing my car and all my medical expenses, but she will not put this down in writing…I think it's time I seek legal advice.
June 12, 2019
I attended a work party in May at a Country Club. People became rowdy and began throwing others into the pool. When I got tossed in the pool, my shoulder hit the side of the pool, dislocating my shoulder and breaking my elbow. Because of my injuries, I'm unable to work for a minimum of 8 to 10 weeks, which means no pay check. I have medical bills from the trip to the ER and two day stay at the hospital and I need surgery on my shoulder and elbow. In addition, I have my existing monthly bills, which I can't afford to pay without my monthly income. My boss also told me the company isn't responsible for my bills and I may even lose my job. When I asked the Country Club for their insurance information, they said the event was contracted through a cater company and they are not liable. What can I do?
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.