Ask an Attorney. Commonly Asked Questions.

During a traffic stop, if I am ordered by the officer to exit my vehicle, am I compelled to do so?

Yes. An officer can order you to exit the vehicle, absent any reasonable suspicion of criminal activity. Pursuant to Pennsylvania v. Mimms, 434 U.S. 106 (1977), following a lawful traffic stop, law enforcement is permitted to order any occupant of a vehicle to exit the vehicle. The Court opined that such an order was reasonable to ensure officer safety, thus not a violation of the 4th Amendment.

How does the law work with respect to dog bite injuries?

Under Florida law, the owner of a dog is strictly liable for injuries caused by their dog. 

This means there are very few defenses available for the dog owner and they will likely be financially responsible in a civil claim brought by the injured.  In addition to potentially being sued, a civil (or possible criminal) infraction can be issued to the owner of the dog, with consequences to potentially include euthanasia.  If you are injured by a dog, call a lawyer.  If you own a dog, please make sure your homeowners’ insurance covers you for damages caused by your dog.  If not, you personally may end up on the hook for the injuries caused.

If I am in a car accident, how do I know if I have a claim?

To start, you can consult a lawyer for free and should do so.  There are three main components for evaluating an injury claim:

1. Liability?  Was another person or company responsible for my injuries?
   
   1.  In Florida, a driver and an owner of a vehicle that negligently causes you injuries is responsible.  In addition, there may be numerous other responsible parties that may not stand out to you.  For example:  The other driver may have been on a work trip, making the employer responsible.  The airbag may have malfunctioned causing or contributing to your injuries, making the airbag manufacturer or auto mechanic responsible.  There may have been construction in the area and the contractor did not comply with Florida construction codes, subject it to liability. 
2. Damages?
   
   1. Were you injured.  It is not uncommon for people injured in car accidents to report at the scene that they are okay and in the days following realize their adrenaline masked their injuries or the minor aches and pains they brushed off are not going away or are getting worse.  You should see a medical provider as soon as possible after your accident and monitor your recovery over the next few days or weeks.  Remember, you can talk to a lawyer for free to better understand whether it is worth bringing a claim or not.
3. Collection?  Are there assets or insurance that are available to actually compensate you when you win your claim?
   
   1. There are occasions where someone is injured or even killed in a car accident, but the responsible party has no assets or insurance.  In these unfortunate scenarios, there may be no path to obtaining a recovery.  Lawyers are trained to identify whether recovery is likely or possible and confirm insurance coverage, despite what the insurance company may tell you.
4. Note:  If possible, please contact a lawyer before giving a statement to an insurance company.  If you have already given a statement, make sure you tell your lawyer about it when you call. 

What type of damages are recoverable in a personal injury claim?

The legal answer is past and future economic and non-economic damages.  Economic damages consist of medical bills, out of pocket expenses, lost wages, property damage and other financial losses.  Non-economic damages consist of pain and suffering; mental anguish; disfigurement; loss of consortium and loss of enjoyment of life.  In a car accident case, but not other personal injury matters, the jury must find a permanent injury in order to provide non-economic damages.  In addition to the above, the following may be recoverable: a spouse’s loss of consortium; parental damages; parental loss of consortium; and punitive damages.