Author: Elf
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What is a state with “At-Will” employment?
What is the definition of an At-Will State? Even though each US state has its own employment laws, employment is generally considered to be at-will. This term refers to the ability of an employer to terminate an employee at any time and for any reason, provided it is not discriminatory, retaliatory, or otherwise illegal. Typically,…
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What are the criteria under the Marchman Act?
First, that the individual is impaired due to substance abuse. Secondly, either that they lack the awareness to recognize their need for assistance; or, that they pose a risk to themselves or others as a result of their substance abuse impairment.
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What if my family member gets angry with me for filing a legal case against him/her under applicable legislation?
The potential anger of the individual struggling with addiction or alcoholism should not be the primary concern. The focus should be on whether you, as the concerned family member, will take action to safeguard your loved one from self-destructive behavior. Often, the initial response may include anger, but this is frequently followed by gratitude as…
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Who is eligible to initiate the Marchman Act?
A family member, spouse, or any individual unrelated to the person in question, such as a friend who has knowledge of the substance use, can submit the Marchman Act pleadings. Since the Marchman Act is a legal proceeding and follows the rules of procedure and evidence, it is advisable to seek knowledgeable advice from the…
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How can I proceed with filing a claim?
Each insurance policy follows a unique process for filing a claim. If you intend to file a claim, get in touch with your insurance provider. Nevertheless, exercise caution as any statements you make may be utilized to reject your claim or propose a lower settlement than the actual extent of your losses. Seek guidance from…
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What type of background check is conducted by the state’s law enforcement agency to determine my eligibility to have a criminal history record sealed or expunged?
Why is the State Department of Highway Safety and Motor Vehicles checked to determine my eligibility to have my criminal history record sealed or expunged? The state’s law enforcement agency conducts criminal history record checks in the state through the State Crime Information Center (SCIC), national record checks through the National Crime Information Center (NCIC),…
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Why do I have a criminal history record when the charges against me were dropped/dismissed?
When is my criminal history record sealed or expunged? The state legislature has determined that Florida criminal history records are public unless the record is sealed or expunged. Refer to Section 943.053(3), Florida Statutes, which allows for public access to criminal history records. The term “criminal history information” is defined in accordance with the federal…
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What factors should I consider when hiring a defense attorney for criminal cases?
Consider hiring an attorney who focuses solely on criminal law. Having in-depth experience in this specific area of law enables the attorney to surpass those who only handle criminal cases occasionally. At Smithson Legal, our attorney is a former prosecutor who possesses extensive knowledge of the court system and garners respect from judges and prosecutors…
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What if my family member becomes upset with me for initiating a legal proceeding under the Marchman Act against him/her?
The potential anger of the individual struggling with addiction is not the primary concern. The main concern is whether you, as the concerned family member, are willing to take action in order to safeguard their well-being. While it is common for the individual to initially react with anger, it is often followed by a sense…
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How does the Substance Dependency Act function?
It is quite straightforward. The Substance Dependency Act operates by employing leverage. The individual struggling with addiction faces the possibility of a straightforward decision: Either opt for rehabilitation to seek assistance or face the consequence of being held in contempt of court and being incarcerated for non-compliance with a court-mandated directive to seek treatment. It…
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What is the meaning of Actual Cash Value (ACV), and what does Replacement Value refer to?
“Current market worth (CMW)” denotes the value of the covered asset at the time of the incident. On the other hand, “Restitution worth” refers to the expense required for the replacement of the asset, ensuring complete restoration. CMW incorporates depreciation, resulting in a significantly lower value than the cost of replacing your property. The determination…
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What should I do if my insurance provider rejects my claim?
What should I do if my insurer refuses to accept my claim? The leading cause for an insurer’s denial of a claim is attributing the damage to a cause that the policy does not cover. They may assert that it falls under an exclusion. The insurer tends to favor a broad interpretation of exclusions and…
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What steps should I take to initiate a claim?
Each insurance policy follows a distinct process for claim submission. If you intend to file a claim, get in touch with your insurance provider. Nevertheless, exercise caution as anything you communicate could be utilized to reject your claim or propose a settlement amount lower than your actual losses. A legal representative can aid you in…
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What Does My Insurance Agreement Include?
The coverage provided by an insurance policy depends on the specific type of policy and the risks it aims to protect against. There are several categories of risks that insurance policies may cover. When it comes to property risk, the policy offers protection for damages occurring to one’s property. This could include a residence, a…
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What is the meaning of “med-pay”?
Med-pay refers to a sum of insurance funds provided to assist with medical expenses during the progress of your case towards some form of settlement. Different levels of coverage can be obtained, and it is advisable not to forgo this type of protection. Med-pay covers healthcare costs that exceed those covered by personal injury policies.…
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What if UIM coverage isn’t included in my insurance policy?
What happens if UIM coverage is not listed on my policy? Most likely, you have opted out of the coverage. Get in touch with your insurance provider. Purchasing UIM coverage is usually affordable. It is advisable to acquire it! Another advantage of Uninsured/Underinsured Motorist coverage: it provides protection in case you are injured in a…
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What do the terms “$15,000/25,000” or “$50,000/100,000” mean?
Insurance firms offer policies with coverage limits that determine the maximum amount a person can receive (the first figure) and the maximum amount available for a single accident (the second figure). For instance, if a motorist has liability insurance worth $50,000/100,000, it signifies that an individual can receive up to $50,000.00 from that policy, but…
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What factors are taken into account when determining custody time-sharing and visitation in the state of Florida?
How does Time Sharing work? How is child time-sharing determined? Time sharing was previously known as physical custody in the state’s legislation. Time sharing refers to the individual with whom a child spends their time at a designated day and time. Timesharing in Florida aims to eliminate terms like joint custody, sole custody, and primary…
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How and where can paternity be established in Florida?
Paternity is the legal process in which a father’s legal ties to his biological child are established. Prior to the establishment of paternity, an unmarried mother has exclusive rights over the child, superior to all others. Paternity is the legal process in which a father’s legal ties to his biological child are established. Prior to…
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What does it mean if my insurance policy includes a legal action limitation?
A legal action limitation limits your ability to file a lawsuit for non-economic damages. If your policy includes this limitation, you would only be able to file a successful lawsuit for non-economic damages if your injury falls under specific categories such as death, severe bodily harm, permanent disfigurement, or lasting impairment.
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What type of monetary recovery can I expect to receive?
A person who files a personal injury lawsuit could receive compensation for a variety of injuries that are collectively referred to as “damages”. The recovery can include compensation for past medical bills, future medical bills that you are fairly certain to incur, past lost wages, future loss of earning capacity, and past and future amounts…
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What if a legal firm offers me a settlement?
Many legal firms will try to offer you a nominal settlement for your damages. If you receive a settlement offer from a legal firm directly, you should assume that it is nowhere near the amount to which you are entitled. You need an attorney to negotiate and fight on your behalf to obtain the damages…
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How is the amount of my wage-loss benefits determined?
It is determined based on your average weekly wage (AWW). Typically, your AWW is calculated by averaging your gross pay (including tips, bonuses, or other earnings) for the 13 weeks prior to your incident. However, the highest compensation an injured worker can receive per week is set by the Florida State and revised on a…
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Why is it necessary to hire an attorney to represent me?
Whether you have a personal injury claim or a workers’ compensation claim, chances are you are not familiar with the insurance claims process. You may not be aware of the extent of your rights and your legal obligations. Even if you have knowledge about insurance claims, you have nothing to lose and everything to gain…