Personal injury
How long will it take to get a fair settlement offer?
Florida personal injury lawsuits can vary in length from weeks to years. We need to investigate your claim thoroughly to make sure you get all the money you are entitled to receive.
What are punitive damages?
Punitive damages may be recoverable in certain circumstances. Punitive damages exist to punish or make an example of the wrongdoer:
- For conduct that is intentional
- When the wrongdoer acts in a reckless manner in disregard for the rights of others
The actual payment of punitive damages is rare, and appellate courts frequently cut punitive damage awards down, or simply throw them out. However, the threat of punitive damages can often induce the defense to make an increased settlement.
What are compensatory damages?
Compensatory damages "compensate" the injured person for various kinds of losses or damages. These may also be referred to as actual damages. The courts do not allow attorneys to argue that the award should be what a juror would want, but the instructions call for reasonable compensation.
Divorce
What are the grounds for dissolution of a marriage in Florida?
The grounds for dissolution in Florida are either irretrievable breakdown or mental incapacity for three years.
- Irretrievable breakdown means that there is nothing that the court can do (such as sending the couple to counseling) to induce the couple to reconcile.
- Where mental incapacity of one of the parties is the ground for dissolution, the nearest blood relatives or guardian of the incapacitated person must be served the notice of the proceeding for dissolution. The relative or guardian is entitled to appear and to speak about the issues.
In all dissolutions of marriage granted based on incapacity, the court might require the petitioner to pay alimony pursuant to the provisions of florida statute 61.08.
What are some of the advantages of collaborative divorce process?
The stress level is significantly less in the collaborative process. There is no court involvement (except for the final hearing) or battleground scenarios, found in traditional divorce. Everyone focuses on solving problems rather than attacking each other.
My spouse and I have reached an agreement regarding our divorce without the need of attorneys. Can you act as our mediator?
Yes. However, while acting as a mediator, I am unable to provide any legal advice to either of you. Alternatively, I can represent one party, draft your agreement, and then provide it to the other spouse with recommendations that he/she show it to an attorney for independent legal advice, prior to signing.
I want a divorce and do not believe I need an attorney. Can I download the forms from the internet and handle this issue myself?
If you have only been married for a couple of months or years and have no children, no property, and no money or assets, you probably can do just that.
If, however, you have children and/or property, money or assets, you should seek legal assistance. The legal process is very complicated, majority of knowledgeable family attorneys draft their own motions and pleadings to the custom needs of the individual case, following the parameters of the forms. In representing yourself, any errors made could be considerably more costly to correct than hiring the professional to start with.
How is Florida child support amounts calculated?
The child support guideline amount presumptively establishes the amount the judge, or Trier of fact, shall order as child support in an initial proceeding for such support or in a proceeding for modification of an existing order for such support. It is determined by florida statute 61.30.
The Trier of fact may order payment of child support which varies, plus or minus 5 percent, from the guideline amount, after considering all relevant factors, including the needs of the child or children, age, station in life, standard of living, and the financial status and ability of each parent.
The Trier of fact may order payment of child support in an amount that varies more than 5 percent from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate. The Trier of fact must order payment of child support which varies from the guideline amount whenever any of the children are required by court order or mediation agreement to spend a substantial amount of time with the primary and secondary residential parents. This requirement applies to any living arrangement, whether temporary or permanent.
