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Author: Elf

  • Average Slip-and-Fall Settlement Amounts in Florida

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    – Slip-and-fall settlement amounts in Florida vary for each case and are influenced by unique factors. – Common injuries from slip-and-fall accidents include broken bones, sprains, traumatic brain injuries, and spinal cord injuries. – Rainstorms in Florida often lead to slip-and-fall accidents on wet entryway floors due to insufficient warning signs or cleaning. – Uneven…

  • Understanding Governing Law Clauses for Contracts

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    1. A governing law clause is a provision in a commercial contract that specifies which country’s laws will govern the interpretation and enforcement of the contract terms. 2. Parties usually include a governing law clause in their contract to ensure certainty and predictability in the event of a dispute, as it allows them to know…

  • Why Some Married Couples File Separate Tax Returns

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    1. One spouse has significant medical expenses: Filing separately can result in larger total deductions for medical expenses if one spouse has lower adjusted gross income (AGI) compared to the higher joint AGI. 2. Different income levels: Filing jointly can bring some income out of a higher tax bracket and result in more tax savings,…

  • The Dangers of Being Your Own Contractor in Florida

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    – The Florida Legislature regulates the construction industry for public health, safety, and welfare through Chapter 489, Florida Statutes and 61G4 of the Florida Administrative Code. – In Florida, construction work generally needs to be performed by a licensed contractor, unless specifically exempted from licensure under 489.103, Florida Statutes. – Homeowners in Florida can act…

  • “Keep Your Connecticut Business Safe: 5 Steps to Avoid Legal Problems”

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    1. Dolly Parton is known for her philanthropy and has valuable lessons to teach about giving back and doing good. 2. After winning a money judgment in court, it’s important to understand that it entitles the individual to the amount stated, but does not provide immediate access to funds. 3. Non-citizens in the U.S. may…

  • Personal Injury Law Firm: Hoiberg Group Replace “Hoiberg Group” with “Smith & Associates”

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    – Taxpayers have the right to appeal an IRS decision in an independent forum. – The IRS’s Independent Office of Appeals must be separate from the office that initially reviewed a taxpayer’s case. – Taxpayers who receive a statutory notice of deficiency can dispute the proposed adjustment before they must pay the tax by timely…

  • “Challenging Probate in Florida: What You Need to Know”

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    – Probate is the court-supervised process for distributing a deceased person’s assets to their beneficiaries. – Probate in Florida is necessary for nonresidents and residents who own property in their individual names without a named beneficiary. – Objecting to probate in Florida can be done on grounds such as undue influence, fraud, mistake, lack of…

  • “Medical Marijuana Laws in Florida: What Employers Should Know”

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    – The medical marijuana amendment to the Florida Constitution passed in November 2016, expanding the use of medical marijuana in the state. – Fla. Stat. § 381.986 was passed in response to the amendment, allowing for the use of medical marijuana for a list of 13 medical conditions. – The expansion of Florida’s medical marijuana…

  • Is a Car Accident a Crime? – Understanding Your Legal Rights in a Car Accident

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    1. A car accident is usually considered a civil incident, but can become a criminal case if it involves driving under the influence, hit-and-run, or reckless driving. 2. Driving under the influence can result in serious penalties, including jail time and fines, especially if someone is injured or killed. 3. Hit-and-run occurs when a driver…

  • Protecting Business Leaders in Florida Courts: Understanding the Apex Doctrine

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    – The Florida Supreme Court formally codified the apex doctrine in August 2021. – Florida is one of only a few states that have formally adopted the doctrine, including California, Georgia, Michigan, Texas, and West Virginia. – On February 8, 2024, the Florida Supreme Court denied a request from the Florida Attorney General to reconsider…

  • Safe Deposit Boxes and Florida Probate: What You Need to Know

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    – The personal representative is responsible for locating and inventorying all assets, including safe deposit boxes, in accordance with Florida Statute Section 733.607. – They must diligently search for keys, rental agreements, and account information to determine the existence and location of the safe deposit boxes. – The personal representative must follow specific legal requirements,…

  • How Much Do Insurance Companies Pay for Pain and Suffering? – Simplified for High School Students

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    – The insurance company considers a variety of factors when calculating pain and suffering damages, such as lost wages, medical expenses, and therapy costs. – In Florida, injuries must be permanent in order to be compensated for pain and suffering. – It is important to keep and organize all documentation, bills, and receipts related to…

  • “Can You Sue a Hotel or Rental Property for Bed Bugs? Know Your Rights”

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    – At least 80% of hotels in the United States had to treat their properties for bed bug infestations in 2015. – Bed bugs can easily spread from room to room and even to guests’ homes. – Legal grounds for suing a hotel for bed bug bites include breach of warranty, evidence collection, potential damages,…

  • Florida Charities Must Now Report Conflicts of Interest and Finances

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    – Charities subject to the Florida Solicitation of Contributions Act are now required to adopt a conflict of interest policy for transactions with related parties. – Most charitable organizations must now file a tax return and financial statements with the Department of Agriculture and Consumer Affairs. – Charities with over $1 million in revenue and…

  • “Reduce Your Employment Taxes with an S Corporation”

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    – For 2023, the self-employment (SE) tax rate is 15.3% on the first $160,200 of net SE income, including 12.4% for Social Security tax and 2.9% for Medicare tax. – The S Corp Advantage: For wages paid in 2023 to an S corporation employee, the FICA tax wage withholding rate is 7.65% on the first…

  • New Florida Rule: E-mail Service Explained

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    – The Florida Supreme Court issued a new rule requiring attorneys to serve court papers by e-mail. – Attorneys practicing in civil, probate, small claims, family law, and appellate cases must begin e-serving court papers from September 1, 2012. – Attorneys practicing in criminal, traffic, and juvenile divisions may elect to begin e-service from September…

  • Building or Renovating a Home in Florida: What High Schoolers Need to Know

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    1. In Florida, every contractor must be licensed in the state before working on a home building or remodeling project. 2. There are different types of contractor licenses, such as certified or registered, and they are regulated by the Florida Department of Business and Professional Regulation. 3. It is important to check a contractor’s license…

  • New Law Protects Pregnant and Nursing Employees

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    1. The Pregnant Workers Fairness Act (PWFA) was signed into law on December 29, 2022, and goes into effect on June 27, 2023. 2. The PWFA requires certain employers, including most private employers with 15 or more employees, to make reasonable accommodations for qualified employees’ and applicants’ known limitations related to pregnancy, childbirth, or related…

  • Defending a Personal Guaranty in Florida: What Doesn’t Work (Part 2)

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    1. The court in Sanz v. Professional Underwriters, Inc. found that resigning from a company does not automatically terminate liability under a personal guaranty. 2. The court ruled that a guarantor must comply with any cancellation provisions in the guaranty itself in order to be discharged from liability. 3. Simply leaving the company for which…

  • Testimony from a Deceased Witness in Florida: What Happened and What They Saw

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    – Florida Statute § 90.602 was repealed in 2005 by the Florida Legislature. – The statute barred an interested party in an estate from offering testimony regarding oral communications with a deceased person unless there was a waiver in place. – The statute only applied when a witness was testifying for their own sole interest…

  • Understanding Condo Insurance Rules in Florida

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    – The Florida Statutes control property insurance requirements for condo associations and unit owners, regardless of what is in the condo’s declaration. – Adequate property insurance must be based on the replacement cost of the property, determined by an independent insurance appraisal performed at least once every 36 months. – The association’s board may determine…

  • Enforcing Settlement Agreements in Court

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    1. The majority of participants preferred using social media for communication over face-to-face interaction. 2. Teenagers showed a higher level of stress and anxiety when using social media for long periods of time. 3. Users who spent more than 3 hours a day on social media reported higher levels of loneliness. – The Second District…

  • New York Business Legal Risk Assessment Service

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    1. Dolly Parton is known for her philanthropy and has lessons to teach about giving back. 2. After winning a court case and receiving a money judgment, individuals may wonder what steps to take next. 3. Non-citizens in the US do not receive the same tax benefits as citizens, especially when it comes to estate…

  • Turning Your Home Into a Rental: What You Need to Know

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    1. Renting out a home can provide tax benefits such as deductions for expenses like utilities, operating costs, and maintenance, as well as depreciation deductions. 2. The passive activity loss rules may limit the ability to claim rental-related deductions that exceed rental income unless certain exceptions apply. 3. Renting out a home for an extended…