Frequently Asked Questions
Personal Injury FAQ
Family Law FAQ
Wills FAQ
Personal Injury FAQHow Do I Get My Benefits?You must notify your insurance agent of the local claims office of your insurance company that you have been in an accident and that you want to make a claim for medical bills. They will send you (or your Doctor) a Personal Injury Protection (PIP) claim form. Wage loss is handled the same way. How Long Do They Have to Pay?Benefits are due 30 days after the claim is submitted. There is no time limit on the insurance company’s duty to pay benefits as long as the medical treatment is “reasonable, necessary and related” to the accident. Most policies will pay a maximum of $10,000.00 combined medical expense and wage loss per person. Some policies pay more. Check your policy under PIP or No Fault Coverage. What Happens If My Injuries are Permanent?If you have suffered permanent injuries you may make a claim against the at-fault driver for the damages not covered by No Fault such as your pain and suffering, loss of the enjoyment of life and any additional future wage loss or medical expenses. What Does No Fault Mean To Me?The No Fault System means that for serious, but non-permanent injuries, suffered in automobile accidents, each person looks to his/her own auto insurance for the payment of medical bills and wage or income losses regardless of fault. Am I Required To Have No Fault?Yes, if you own an operable car in Florida, No Fault coverage is the only coverage required by law. However, to protect yourself, you should have the fullest coverage you can afford. Who Is Covered?Besides the named insured, the person’s spouse and children are also covered provided they reside in the same household. The following persons are also covered
What If The Other Driver Is Not Insured or Has Insufficient Insurance?In the case of an uninsured or underinsured driver you must make a claim against your own Uninsured Motorist (UM) coverage in addition to the other driver’s liability coverage, if any. Many policies provide for arbitration of your claim. Things To Do If Involved In An Accident
Things to AVOID If Involved In An Accident
When Do I Need An Attorney?The best time to consult with an attorney is as soon as possible after the crash. An early start by the attorney will allow the attorney to secure a copy of the crash report, photograph all vehicles before repair, photograph the crash scene if it is important to the case, and interview witnesses. Early consultation will also verify that you know all of your rights under Florida law as the victim of someone's negligence. What Should I Bring to the Initial Consultation?You should bring all records associated with your case that are in your possession, including medical records, police reports, incident reports, medical bills, photographs, and any other documentation related to your accident. Family Law FAQAm I required to prove my spouse did something wrong in order to get a divorce?No. Florida has adopted a no-fault divorce standard. Generally, the court will grant your request for a divorce upon a showing that the marriage is irretrievably broken. We will discuss the grounds for divorce in your particular situation with you at your Initial Consultation. How long must I live Florida before I can file for divorce?You must be a Florida resident for six months prior to filing for a divorce. There are some limited exceptions. How do I start the divorce process?The filing of a petition containing all the facts of the marriage starts an action for divorce. The petition also outlines the requests you may have regarding custody, child support, property division, attorney's fees and/or court costs. If you have received a petition from your spouse, you have 20 days to file a written response with the court. My spouse and I are in agreement that we should divorce. What happens to us?If you and your spouse agree to ALL matters regarding custody, support, alimony, property division, payment of liabilities, court costs, and attorney fees, you can get a divorce without a trial. You will still need a lawyer to help you prepare your paperwork. Is there any way to get help now? I can't make it until my divorce trial.If you require help with support or other issues while your divorce is pending, the court will have an evidentiary hearing to determine what temporary relief you need before your trial. What are the rules for child support?Florida has minimum suggested guidelines for determining child support. The amounts can be increased or decreased at the discretion of the court. Support is usually payable until age 18 (or 19 for completion of high school). How are child custody and visitation determined?Florida has a statute providing for shared parental responsibility. Parents are encouraged to share decision-making regarding their children. When an agreement cannot be reached, the judge will use a "best interests of the child" standard to determine questions regarding child custody and/or visitation. Once child support is issued by the court, can the amount of child support that is paid be changed?The amount of child support is modifiable under certain circumstances and through a variety of methods. The simplest method is for the parents to agree to a change, but the court must approve even an agreed-upon change in order to be enforceable. Wills FAQWhy do I need a Will?You need a Will in order to ensure that the persons you want to receive your property actually receive that property. Also, you need a will to ensure that an appropriate person is appointed to administer your estate. Can I provide that a beneficiary does not receive property outright?Yes. This is referred to as a Spendthrift Trust and is used to protect the beneficiary’s share of the estate by not distributing all of it until the beneficiary attains a mature age. Is probate expensive and time consuming?No. The probate process is not expensive and the typical probate case can be concluded in 3-6 months. What is a Living Will?A Living Will is a document whereby you indicate your desire not to be maintained on life support procedures if you are suffering from an incurable and terminal condition, and you would be unable to survive without such procedures. This should not be confused with a Last Will & Testament, which is a document that provides distribution of your estate upon your death. Do I have to leave property to all of my children?No. You can devise your property to whomever you choose and in whatever amount. You can also decide, for whatever reasons, that one or more children do not receive any property. If I create a Will and later have a change of circumstances, can I change my Will?Yes. You can create a new Will whenever you want. The creation of the new Will revokes your prior Will. Will my Will be filed with the Court prior to my death?No. Your Will can be held confidential until your passing. After your death, it will be filed with the Probate Clerk. What are the advantages of a Revocable Trust over a Traditional Will?You can avoid probate proceedings and fees; the Trust is not filed with any court upon your death which means that your financial affairs and beneficiaries remain confidential; your assets are immediately available to pay expenses and make distributions; and you may avoid guardianship proceedings if you become incapacitated. What are disadvantages of a Revocable Trust over Traditional Will?Legal costs of drafting of Revocable Trust are greater than a traditional Will; and care and time must be taken after the trust is established to transfer title of the assets to the trustee. How do I decide whether to have a traditional Will or Revocable Living Trust?This is a decision that must be made on an individual basis after consultation with an attorney. If I have a Will from another State, but now reside in Florida, should I have a new Will prepared in Florida?Yes. If you die with a foreign Will (any Will from a State other than Florida), the costs of administering your Estate may be higher because you may have to have probate in two different States and your Will, while being administered in Florida, will be administered according to a different State’s laws, thereby creating the need for hiring not only a Florida attorney but also an attorney in the other State. |
