FAQ’s

What should I do immediately after an accident?

• After ensuring safety and seeking medical attention, it’s important to document the scene, gather contact information from involved parties and witnesses, and report the incident to the appropriate authorities. Avoid discussing fault and consult with a personal injury attorney promptly to understand your rights and next steps.

How long do I have to file a personal injury claim?

• The timeframe to file a personal injury claim, known as the statute of limitations, varies by jurisdiction and the specifics of the case. It’s crucial to act quickly, as missing this deadline can bar you from seeking compensation. Consulting with an attorney will help determine the applicable timeframe for your situation.

What compensation can I receive from a personal injury lawsuit?

• Compensation, or damages, in a personal injury case may cover medical expenses, lost wages, property damage, pain and suffering, and other related costs. The exact amount depends on the severity of your injuries, the impact on your life, and the circumstances of the incident.

How is fault determined in personal injury cases?

• Determining fault involves investigating the incident, gathering evidence, and applying relevant laws to establish negligence or liability. This process may include reviewing police reports, medical records, witness statements, and expert testimonies. An experienced attorney can guide you through this complex process to build a strong case.

What if the at-fault party doesn’t have insurance?

• If the responsible party is uninsured or underinsured, you may still have options to recover compensation. This could involve filing a claim with your own insurance company under uninsured/underinsured motorist coverage or exploring other legal avenues. An attorney can assess your case and advise on the best course of action.

What is the process for filing for divorce in Florida?

• To initiate a divorce in Florida, one spouse must file a Petition for Dissolution of Marriage with the local circuit court. The other spouse is then served with the petition and has an opportunity to respond. Issues such as property division, alimony, child custody, and support are addressed during the proceedings. It’s advisable to consult with a family law attorney to navigate this process effectively.

How is child custody determined in Florida?

• Florida courts prioritize the child’s best interests when determining custody arrangements, referred to as “time-sharing.” Factors considered include each parent’s ability to provide for the child’s needs, the child’s relationship with each parent, and the willingness of each parent to facilitate a relationship between the child and the other parent.

What factors influence child support calculations in Florida?

• Child support in Florida is calculated based on the Income Shares Model, which considers both parents’ incomes, the number of children, and the amount of time each parent spends with the children. Additional factors include healthcare and childcare costs.

Can alimony be modified after a divorce in Florida?

• Yes, alimony can be modified if there is a substantial change in circumstances for either party, such as a significant change in income, employment status, or financial needs. The party seeking modification must petition the court and provide evidence supporting the change.

What are the legal requirements for adopting a child in Florida?

• Prospective adoptive parents in Florida must be at least 18 years old and can be single, married, or divorced. They must undergo a home study conducted by a licensed social worker, which includes background checks, interviews, and home visits to assess the suitability for adoption.

How does Florida handle property division during a divorce?

• Florida follows the principle of “equitable distribution,” meaning marital property is divided fairly but not necessarily equally. The court considers factors such as the length of the marriage, each spouse’s economic circumstances, contributions to the marriage, and any interruptions to personal careers or education.

What constitutes domestic violence under Florida law?

• Domestic violence in Florida includes any assault, battery, sexual assault, stalking, kidnapping, or other criminal offense resulting in physical injury or death of a family or household member by another. Victims can seek legal protection through injunctions or restraining orders.

Is mediation required in Florida family law cases?

• Florida courts often require mediation for family law cases, including divorce and child custody disputes, to encourage amicable resolutions and reduce the need for prolonged litigation. Mediation involves a neutral third party assisting the parties in reaching a mutually acceptable agreement.

What is the difference between a felony and a misdemeanor?

• Felonies are serious criminal offenses, such as murder or grand theft, and carry a potential prison sentence of more than one year. Misdemeanors are less serious offenses, like petty theft or disorderly conduct, with potential sentences of less than one year in a local or county jail.

What should I do if I’m arrested?

• If you’re arrested, it’s crucial to remain silent and request an attorney immediately. Avoid providing any statements to law enforcement without legal representation present, as anything you say can be used against you in court.

What is an arraignment?

• An arraignment is the initial formal proceeding in a criminal case where the defendant is informed of the charges and asked to enter a plea (guilty, not guilty, or no contest). The court may also address bail and set future court dates during this hearing.

Can I be convicted without physical evidence?

• Yes, a conviction can be based on circumstantial evidence, witness testimony, or other types of evidence, even in the absence of physical evidence.

What is bail, and how does it work?

• Bail is a financial arrangement that allows a defendant to be released from custody while awaiting trial. By paying a set amount, the defendant assures the court of their intention to return for all scheduled proceedings. Failure to appear can result in forfeiture of the bail amount and additional legal consequences.

What are my rights during a police investigation?

• During a police investigation, you have the right to remain silent and the right to legal counsel. It’s advisable to exercise these rights to protect yourself, as law enforcement officers are trained to gather evidence that may be used against you.

How long does a criminal record last?

• A criminal record is typically permanent; however, certain offenses may be eligible for expungement or sealing, depending on jurisdictional laws and the nature of the offense. Consulting with a criminal defense attorney can provide guidance on your specific situation.

Do I need an attorney if I’m innocent?

• Yes, even if you’re innocent, it’s essential to have legal representation. A criminal defense attorney can protect your rights, navigate the complexities of the legal system, and work to ensure the best possible outcome for your case.