Month: August 2018

Basics 101 of Florida’s Personal Injury Law

The recovery process from a personal injury can both be expensive and stressful, add these to the fact that different states have different laws. This is why it is always in your best interests to be aware of the state laws that govern personal injury cases.

If you reside or work in Florida and suffered any form of personal injury, you might want to continue reading to know how Florida law works.

Under Florida’s statute of limitations for personal injury, the injured party has up to 4 years from the date of injury to file a personal injury lawsuit.

Serious Personal Injury

Injuries that result in permanent and significant loss of an important bodily function.

Permanent injury within a reasonable degree of medically accepted probability that is other than disfigurement or scarring.

Significant and/or permanent disfigurement or scarring.

Death

Coverage of A Personal Injury Lawsuit

You are entitled to compensation for your losses if the investigation shows that another person was the cause of your injury.

These include, but are not limited to, all related medical expenses, lost work wages, property damage, permanent disability or disfigurement, and other expenditures as a direct result of the personal injury.

More Than One Person to Blame

Florida has a set of joint and several liability rules that are very structured to deal with cases where more than one person is found to be at fault.

Depending on the percentage of guilt, the person who caused the injury can find themselves responsible to pay an amount from almost nil to $2 million in damages.

Your Personal Injury is Partially Your Fault

Florida’s comparative negligence law means that you can also be partially blamed for your injury. If investigations show that you are partially to blame, the amount of compensation you will receive will be significantly reduced.

For instance, instead of receiving $2 million in damages when other parties are completely at fault, this would be reduced to $1 million if you are found to also be guilty.

Overall, when it comes to anything that would involve personal injury law in Florida, your best option would be to contact a Florida personal injury attorney.

For more information on Florida’s state laws and your right with nursing home abuse and negligence, visit:  https://www.nursinghomelawcenter.org/florida-nursing-home-abuse-neglect-attorneys.html

Understanding Florida’s Auto Accident Law

Do you know what steps to take if you get involved in an auto accident in Florida? Read on to find out.

First Steps After the Accident

Immediately after the auto accident has occurred, Florida law requires you to stop and check for any injured persons.

The next step requires you to report the accident to the local authorities. This could be the local sheriff, police department, or the Florida highway patrol if you estimate the damage caused by the accident to amount to more than $500.

If your vehicle is blocking traffic, it should be moved either by yourself or with the help of a towing company.

Liability for An Auto Accident

Under Florida negligence law, there is a comparative negligence system that has been set in place to determine the amount of liability for both parties in negligence cases. An investigation will be conducted to determine the actual extent of liability for the concerned parties.

Insurance Claims for An Auto Accident

Florida law requires vehicle owners to have auto insurance that has at least $10,000 personal injury protection and $10,000 property damage liability.

Aside from the legal requisite of reporting the accident to the local authorities, you need to make sure that the accident report includes information on who is at fault.

Keep a copy of the auto accident information for your personal records, such as date the accident happened, the local authority/agency who conducted the investigation, and vehicle identification of all the vehicles involved. Immediately inform your insurance agency.

Have yourself checked out by medical personnel to keep note of any injuries. Again, take note of the medical information for your personal reference.

Did the auto accident significantly affect your way of life? You might want to consult and hire a lawyer that focuses on Florida auto accidents to help you.

Florida Divorce Law – Five Things You Should Know

If you are a resident of Florida and are contemplating getting a divorce from your spouse, you might want to read on to know the basic requirements before going ahead and hiring the services of a divorce attorney.

State Law Requirements

Under Florida Law, at least one of the participants is a resident of Florida or a member of the US Armed Forces stationed in Florida. Divorcing due to irreconcilable differences would require a written agreement between you and your spouse that the marriage has ended.

If one of the participants deny that there are irreconcilable differences, the court can require both parties to undergo counselling for a maximum period of three months.

Possibility of No Trial

If both parties agree on how the property, child responsibilities (if applicable), and debt should be equally divided, there will be no need to go to trial. The only requirement, under Florida law, is a written and signed legal form.

Division of Assets, Debts, and Properties

Any assets, debts, and properties obtained during the marriage will be equally divided among both parties. If you and your spouse have any assets, debts, and properties before the marriage, these are not included in the divorce process.

Alimony

As an extension of the spousal obligation to financially support each other during marriage, alimony can be required if the Florida court believes that the alimony claim is well-founded. The length of marriage, standard of living during marriage, and the age and physical wellness of each spouse are considered.

Child Custody and Support

Florida courts will always base their decision on what they see as in the best interest of the child. The final decision would be based on the moral fitness of both parties as parents, the ability to provide for the child, and the child’s preference between the parents.

Florida law has a standard table that lists the amount for child support depending on the child’s age and income of the parents. Another precedent is the Florida court ruling to have a trust fund set up for the child for his or her future use.

Arming yourself with the basic knowledge not only saves you time and money but also gives you an idea of the possible uphill battle you would be facing should you pursue with the divorce.