Category: FAQ
-
What is the distinction between a unique requirements trust and an additional needs trust?
An additional needs trust is intended to supplement the requirements of the individual who is the beneficiary of that trust. It is not intended to substitute the government benefits that they may be receiving, such as Medicaid or other government assistance. Its purpose is to assist with their care, rather than replace it. On the…
-
What is the concept of eminent domain?
The concept of eminent domain refers to the authority of the government to seize property for a public purpose even without the owner’s permission. Eminent domain arises from the government’s need to acquire property for the greater public welfare, and every property owner’s ownership rights are subject to the government’s ability to exercise this power.
-
How much time do I have to submit my complaint (time limit for filing)?
The timeframe for submitting a lawsuit depends on the nature of the claims made in the lawsuit. This matter falls under federal and state law, and the clerk’s office is not able to provide legal guidance or determine the specific time you have to file a lawsuit. To determine the deadline, you will need to…
-
Why is my case “undergoing judicial review” and what does that mean?
To initiate a lawsuit you must pay a filing fee. However, it is possible to request the court to waive the filing fee by submitting the form “Motion to Proceed Without Prepayment of Fees.” Before making a decision, the court needs to evaluate your case to determine if it lacks merit, is brought forward with…
-
When do I need to deliver my complaint?
If you are filing a lawsuit under federal law, you have a period of 120 days starting from the date of the filed complaint to serve the defendants involved in your case. However, if your case involves a claim under state law, the time frame for serving the defendant(s) may be shorter than 120 days.…
-
What are motions?
Either party, the claimant or the respondent, may request that the court take specific action related to the case. To do so, the party prepares a formal request which is called a motion. The party signs the motion, files it (with a certificate of service) and sends a copy to the other parties. The other…
-
How can I obtain copies of what the opposing parties submit?
Any party who submits a pleading or document should provide a duplicate to all other parties involved in the case, or their legal representatives, and also submit a certificate confirming such delivery.
-
What information should be included in a certificate of service?
Any pleading, motion or other paper submitted to the court should have a certificate of service attached. This certificate should contain the name and address of each attorney and/or party who is to receive a copy of the document, as well as the date and method of service (typically first class U.S. Mail).
-
What is the function of the Head Judge?
The Head Judge is not the supervisor of the other judges. The primary responsibility of the Head Judge is court administration. The Head Judge does not oversee or enforce discipline upon the other judges or make decisions on their cases.
-
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…
-
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…
-
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…
-
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…
-
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.
-
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…
-
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…
-
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…
-
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…
-
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.…
-
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…
-
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…
-
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…
-
What qualifies as a tort?
A tort is a civil wrong acknowledged by the legal system as a basis for legal action. Torts are divided into three main categories: deliberate wrongs (for example, purposely striking someone), negligent wrongs (such as causing an accident by disregarding traffic regulations), and strict liability wrongs (like being responsible for creating and distributing flawed products).…
-
When can I apply for credit again after a personal financial setback?
Generally, a financial setback remains on your credit report for 10 years. The decision whether to grant you credit in the future is strictly up to the lender. There’s no regulation that prevents anyone from extending credit to you immediately after your financial setback. Many individuals receive extensions of credit right after their unsecured debts…