Category: FAQ

  • Why has my county Sheriff’s Office returned issued civil summons forms to me indicating that they cannot be served because they are copies?

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    The U.S. District Court for the Northern District of [State] utilizes electronic civil summons forms based on the summons form format guidelines found at Fed.R.Civ.P. Rule 4(a)(F) & (G) and rules regarding electronic signatures at Rule 5(d)(3). Electronic filing and signatures are provided for in Northern District of [State] Local Rule 5.1(A)(7). All county Sheriff’s…

  • Why am I required to provide information about the submission of an Application to Proceed Without Prepayment of Fees and/or whether I am submitting on behalf of the United States or as a Court Appointed Attorney when initiating a new case electronically?

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    By answering with either y or Y, you are instructing the software to skip the screens that involve the collection of a filing fee through pay.gov. If you respond with any other character, other than a capital or lowercase y, the system will proceed to the pay.gov screens. For instance, if you answer yes when…

  • What is whiplash?

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    Whiplash is a common neck injury sustained in car accidents. It occurs from the neck being distorted past its normal range of motion by being over-extended. For example, when hit from behind, the jolt of the vehicle can cause the neck to extend forward and then be thrust back when the driver’s body hits the…

  • What if my employer retaliates against me for filing a claim of discrimination?

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    In that case, it is crucial to seek guidance from a reputable legal firm specializing in employment law matters.

  • Who is impacted by eminent domain?

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    Business proprietors, property owners, and renters are the primary individuals or organizations who are affected by the authority of the government entity or agency (“Condemning Authority”) to seize private property for public use.

  • How is the value of the property taken determined?

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    The landowner must be awarded complete compensation. Complete compensation encompasses the worth of the property taken and the harm inflicted on the remaining property. As part of the complete compensation, it includes “fair market value” – the amount that a willing seller and buyer, without any obligation, would agree upon in fair negotiations, being fully…

  • How does the Government Authority take action on the property?

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    Once acquisition of all or a portion of the landowner’s property is determined, the Government Authority files a Petition in Condemnation. The Petition states the legal description of the property taken, identifies the owner of the property and others who may have an interest such as mortgage holders and tenants, and the public use, which…

  • What happens if the presiding judge grants the Application?

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    In most cases, the judge will rule in favor of the Government Entity, and issue a Decree of Acquisition. Within 20 days from this date, the Government Entity is obliged to place its “bona fide estimate” into the court’s registry, which represents its belief regarding the fair compensation deserving to landowners. Once these funds are…

  • What are the advantages of loan modifications?

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    A loan modification is a solution for individuals who have missed at least three mortgage payments and wish to continue residing in their residence. If continuing to live in their home is not feasible, a loan modification would not be the most suitable option, unless they intended to lease it to someone else. If their…

  • How long after an accident can I claim an injury?

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    When an accident happens, it is crucial to promptly seek medical attention and maintain all medical records. If you and your attorney for personal injury cases agree on the viability of your situation, you can definitely initiate a claim expeditiously. Naturally, not all consequences of an accident manifest immediately. Therefore, it is vital to heed…

  • How much should I expect to receive in a settlement?

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    This outcome will greatly depend on your specific situation.

  • How often do cases appeal?

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    Our primary goal is to come to an acceptable agreement with the other party in a personal injury lawsuit through mediation or negotiation. An appeal is much more common in a jury trial where usually one side is not satisfied with the jury’s or judge’s decision.

  • What distinguishes unintentional injury from intentional injury?

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    When the courts assess an injury, one of their initial considerations is whether it is intentional or unintentional. Differentiating between the two is straightforward. For example, if someone delivered a blow to your face, it would be categorized as an intentional injury. On the other hand, if a person accidentally broke your nose while swinging…

  • Why might it be necessary to hire legal representation?

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    While an individual can initiate legal proceedings or negotiate a settlement without a lawyer, enlisting the services of an experienced professional can greatly increase the likelihood of receiving a fair compensation for their damages. Additionally, an attorney will alleviate the burden of managing negotiations and submitting necessary paperwork to the appropriate court, allowing you to…

  • How does worker’s comp insurance impact my settlement?

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    Typically, following a workplace accident, the employer’s worker’s compensation insurance will take care of medical expenses and compensation for lost work time. However, certain situations may arise where this coverage is insufficient or when a third party is involved. In such cases, the expertise of a legal representative becomes necessary.

  • What is the mandatory car insurance in Florida?

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    In all of Florida, individuals must carry $10,000 in personal injury protection and $10,000 in property damage liability. The latter covers the other party involved in an accident. It’s important to note that Florida does not require bodily injury insurance.

  • How can I avoid the probate process?

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    To avoid probate entirely, property must not be titled solely in one individual’s name, or must be transferred or distributed before the person’s demise. However, to ensure that the potential drawbacks of attempting to circumvent probate do not outweigh the probate process itself, it is necessary to seek legal counsel during the estate planning stage.…

  • How can I select a personal representative for my estate?

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    The choice of a personal representative for your estate is a crucial decision and should be made with utmost care and thoughtfulness. This individual must be 18 years old or older and a resident of the state of XYZ (unless they are a blood relative or related to a blood relative by marriage). Additionally, they…

  • What are exemplary damages?

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    Exemplary damages are awarded in addition to actual damages in certain circumstances. Exemplary damages are considered punishment and are typically awarded at the court’s discretion when the defendant’s behavior is found to be especially harmful. Exemplary damages are normally not awarded in the context of a breach of contract claim.

  • Can you explain the concept of “informed consent”?

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    Informed consent refers to a procedure involving communication between patients and their healthcare provider, resulting in an agreement or permission for medical care, treatment, or services. It grants patients the right to receive information and pose inquiries prior to undergoing any procedures or treatments. As long as mentally competent adult patients are capable of making…

  • How should I handle a car accident scene?

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    Despite the challenge, try to stay composed. Contact the authorities and ask them to investigate the collision in order to prepare an official report. Avoid making any statements to the other driver and passengers, except for exchanging insurance information. Even if you feel fine, refrain from admitting it at the scene. It’s possible for injuries…

  • How long does it usually take for a probate matter to be resolved?

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    How much time does the probate process usually take? The duration of a probate administration depends on various factors. Summary Administrations, also known as expedited probate processes, can be completed within weeks to months. However, for a Formal Probate, the administration takes significantly longer. Generally, these processes take between six months and one year. Uncontested…

  • What happens to our property in the absence of a Living Trust?

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    Upon an individual’s demise, any property solely owned by them will necessitate some sort of probate administration for the designated heir or heirs to inherit said property. In cases where a valid will exists, it will govern the allocation of assets. However, if no will exists, the Florida Statutes determine the rightful inheritors.

  • What are the legal requirements for me to file for divorce in Florida?

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    In order to obtain a divorce in this state, you must have resided here for at least six months. If you have been here for a shorter period, you must wait. To initiate a divorce case in the State of Florida, you must have lived in the state for a minimum of six months. The…