Month: November 2023

Navigating Post-Accident Challenges in Florida: A Brief Practical Guide

Posted by CSG Firm on

Experiencing an accident is a disorienting and stressful event, but being informed and taking the right steps afterward can make a significant difference. Here is a brief but comprehensive guide on what you need to know and do after an accident in Florida:

1. Prioritize Safety:

Immediately after an accident, the safety of everyone involved should be the top priority. Move to a safe location if possible and check for injuries. Call 911 to report the accident, call an ambalance and do an incident report for the store or property owner, and seek medical assistance for any injuries.

2. Exchange Information:

Exchange contact and insurance information with all parties involved in the accident. Gather names, phone numbers, addresses, insurance details, and vehicle information if a motor vehicle accident. If there are witnesses, obtain their contact information as well.

3. Document the Scene:

Take pictures of the accident scene, including vehicle damage, license plates, cause of a slip, trip and fall and the surrounding environment. These visuals can be valuable when filing insurance claims or if legal action becomes necessary.

4. Contact Law Enforcement:

In Florida, it is essential to report certain accidents to law enforcement. If the motor vehicle accident involves injuries, deaths, or property damage exceeding $500, the involved party must report it to the local police or sheriff’s office.

5. Seek Medical Attention:

Even if injuries seem minor, it is crucial to seek medical attention promptly. Some injuries may not manifest immediately, and a medical professional can document one’s condition for insurance and legal purposes.

6. Notify Insurance Company:

Report the accident to one’s insurance company as well as the at fault party’s insurance as soon as possible. Provide them with accurate details and follow their instructions for the claims process. Failure to report promptly could affect a person’s ability to file a claim.

7. Consult with an Attorney:

If the accident resulted in significant injuries or if fault or liability is disputed, consulting with an experienced personal injury attorney is advisable. They can provide guidance on applicable rights and responsibilities, help navigate the legal process, and ensure an innocent injured party receives fair compensation.

8. Preserve Evidence:

Keep all documents related to the accident, including the police report, incident report, photos, video, medical records, and correspondence with insurance companies. This documentation will be crucial if legal action is pursued.

9. Be Mindful of Time Limits:

Florida has specific time limits, known as statutes of limitations, for filing personal injury and property damage claims. Be aware of these deadlines to ensure the subject party takes timely action if pursuing legal recourse.

10. Know Florida’s No-Fault Insurance System-if a Motor Vehicle Accident:

Florida follows a no-fault insurance system, meaning one’s insurance typically covers their medical expenses regardless of who caused the accident if treatment is sought and provided promptly. However, in cases of serious injuries, the involved party may pursue a bodily injury liability claim, if the at fault party is at least 50% or more negligent for the accident.

By following these steps, the involved party will be better equipped to navigate the aftermath of an accident in Florida. Remember, seeking professional advice and timely medical treatment from medical professionals and advice from experienced Personal Injury attorneys is crucial to ensuring rights are protected and that an innocent injured party receives the support they need during this challenging time.

The foregoing is a brief and general overview of what to know and what to do after an accident in Florida. 

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Unlocking Peace of Mind – A Few Reasons for Estate Planning in Florida

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Estate planning may not be a major concern for a Florida resident, but it is a crucial step towards ensuring that one’s wishes are honored, loved ones are cared for, and a legacy is preserved. In the vibrant state of Florida, crafting a Last Will & Testament as well as other proper estate planning documents hold particular importance. Here are a few compelling reasons why estate planning is necessary:

1. Appoint a Guardian for Your Children

For parents, the well-being of their children is a top priority. Through estate planning, they can appoint a guardian for their minor children in a Last Will and/or by way of a Declaration of Preneed Guardian, ensuring they are cared for by someone trusted. Without a clear directive, the court may determine the guardianship of said minor children based on default rules, which may not align with one’s wishes.

2. Protect A Business

If an individual is a business owner in the Sunshine State, their entrepreneurial journey should be safeguarded. Estate planning allows a person to outline the succession plan for their business, ensuring a smooth transition of ownership. Without proper documentation, the fate of said business may be subject to legal complexities and uncertainties.

3. Decide Who Gets One’s Home and Possessions

A Florida resident’s home has a lifetime of memories, and their possessions carry a sentiment as well as possess a genuine value.  By crafting a Last Will & Testament, an individual has the power to decide who inherits these assets. Without such documentation, the court steps in, potentially leading to disputes among family members and distribution according to default state statutory provisions.

4. Provide for a Favorite Charity

Many individuals have philanthropic passions close to their hearts. Estate planning allows the individual to allocate assets or funds to support a favorite charity or cause. By specifying one’s intentions in their Last Will, they can contribute to the causes they care about, leaving a lasting impact beyond their lifetime.

5. Make a Difficult Time Less Difficult

Losing a loved one is undeniably challenging. Estate planning, however, provides a roadmap for loved ones during this emotional time. With a clear and comprehensive Last Will, one can alleviate the burden on one’s family and ensure that their specified wishes are carried out seamlessly, bringing a sense of comfort during an otherwise difficult period.

Although estate planning laws vary across states, one universal truth remains: without a Last Will & Testament, the state through the Probate court is responsible for distributing a deceased party’s assets.  In Florida, this means default rules and/or state laws determine the fate of a deceased party’s assets. By proactively engaging in estate planning, a person can take control of their legacy, ensuring that their specified intentions, whether for their children, business, possessions, or charitable pursuits, are honored.

Florida residents must not leave these critical decisions to chance.  They should seize the opportunity to create a meaningful and protective estate plan in the vibrant landscape of Florida. One’s peace of mind as well as the well-being of one’s loved ones are worth the effort.

The foregoing is a brief and general overview of the benefits of proper Estate Planning in Florida. 

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Powers of Attorney & Trusts Used for a Business Asset

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The journey as a Florida business owner is not just about building a successful venture; it is also about creating an enduring legacy. An individual may have worked hard to create a profitable business and ensuring that it extends beyond their lifetime requires a thorough estate plan.  Every business owner’s estate planning journey will be different, but there are some tools that can help anyone safeguard their interests. Learning about Powers of Attorney and Trusts can help a person safeguard their business and secure its financial future.

A Power of Attorney (POA) is a legal document that grants someone (the agent, or attorney-in-fact) the authority to act on one’s behalf in specific matters or situations. There are several variations of POAs that can be customized to fit particular circumstances. A Durable Power of Attorney is essential for business purposes. 

When a Power of Attorney is made durable it means that it stays in effect even if the principal is incapacitated. Like other POAs, the principal can appoint a trusted individual or group as agent(s) to make decisions or handle business affairs as outlined within the POA document. This is especially helpful if the said person is unable to manage day-to-day business due to illness, injury, or extended periods of absence.

As with all POA documents, a Durable POA is highly beneficial to people who want to make sure activities, businesses, etc., continue running smoothly without them. In the context of a business, one has the flexibility to define the exact scope of the agent’s authority, so the principal will not have to worry about major changes without their say. A principal will be able to maintain control over vital business decisions even when they are unable to be present.

A Trust is a legal arrangement in which a grantor enables a trustee to hold and manage assets on behalf of beneficiaries. Trusts are versatile estate planning tools that can be adapted to serve various purposes. They are commonly used to protect such assets as life insurance policies, real property, or manage charitable contributions. Many Florida families use them to simplify business succession.

A Revocable Living Trust is a common choice for business owners looking to secure the future of their business while keeping control during their lifetime. In this type of Trust, the business owner can serve as both the Grantor (creator of the Trust) and the initial Trustee (manager of the Trust assets). As the Grantor and initial Trustee, an individual will retain full control over the trust assets and can continue to manage the business as usual.

As with a POA, the Trust document should clearly outline the plan for business succession after the Grantor’s incapacity or death. The successor Trustee, who could be a family member or business partner, can then take over managing the business following the Grantor’s wishes.

One of the significant benefits of using Trust as part of a business succession plan is that it can be passed on to beneficiaries privately and without the need for the time-consuming and sometimes costly probate process.  Predetermining succession will allow a smooth transition of ownership, which will enable the business to continue operating effectively.  The Trust may also provide asset protection that may safeguard the business from potential debts and liabilities. 

Proper estate planning is not only about protecting personal assets, but also preserving the future of a business. 

The foregoing is a brief and general overview of the use of Powers of Attorneys and Trusts for a business asset in Florida. 

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

BICYLCLES & ACCIDENTS IN FLORDA

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Florida is one of the most dangerous states in the country to ride a bicycle. In fact, Florida has the most cyclist fatalities in the United States. Jacksonville, Tampa, Orlando, and Miami are the four deadliest cities in this state. 

Florida is governed by a comparative negligence standard, which means that a victim can only recover damages to the extent that they did not contribute to the accident and if they were less than 50% negligent themselves. On March 24, 2023, Florida replaced its pure comparative negligence system with a modified comparative negligence system. Under this system, a plaintiff/victim/claimant can recover in proportion to the defendant’s percentage of responsibility or fault only if the plaintiff’s own share of responsibility is 50% or less.  A tragic example would be where a bicyclist ran into a stopped automobile. The cyclist could strike the middle of the vehicle’s driver’s side, but the driver may not notice the impact. When the vehicle starts to move it might run over the cyclist, who could be killed.

In situations where a cyclist dies, like the one above, their estate may bring a wrongful death lawsuit. However, it is possible that a jury may find this cyclist at least partially at fault, considering he or she drove into the stationary vehicle. If the jury determines that the cyclist was 45% at fault and the other driver 55% at fault, the estate may be able to recover 55% of the damages (such as medical bills and lost earnings) from the other vehicle. On the other hand, if the cyclist were found 51% or more at fault, he or she or their estate would not be able to recover anything. In other words, an injured plaintiff/claimant is barred or prohibited from recovering if they are more than 50% at fault.

Also, if a cyclist is riding in a bike lane and a car drives into them, causing injuries and the identified driver flees the scene, then the said driver can be held liable for the injuries sustained by the cyclist, and he or she can also be held criminally liable for fleeing the scene. According to these facts, it would be difficult for a jury to find that the cyclist contributed to their own injuries. Even if a case appears clear, it is important to hire an experienced attorney to ensure that one can present an effective and viable case. In the alternative, if the said driver and vehicle are not identified, then there may be no way to collect unless the cyclist has Uninsured Motorist coverage on his own auto insurance policy.

It can be frightening when a motor vehicle crashes with a bicycle. Fortunately, cyclists and their families have rights when a collision results in personal injuries or fatalities.  Drivers have a duty under Florida law to drive carefully and responsibly around cyclists and anyone else on the road.

Cyclists, as well, have certain duties under the law.  Cyclists younger than 16 years of age must wear helmets, and all cyclists should ride as far to the right as possible. Sadly, cyclists are often partially at fault for accidents.

The Statute of Limitations or deadline for filing a wrongful death lawsuit in the Florida courts is two (2) years from the date of the death. Again, on March 24, 2023, Florida’s legislature passed a new tort law, which made significant changes to the state’s civil justice system. One of the most significant changes was the reduction of the statute of limitations for negligence claims from four (4) years to only two (2) years even if death is not involved.  Florida is now also a modified comparative fault state, which means damages are apportioned among wrongdoers according to their percentage of fault as shown above if the other side is 51% or more at fault. If the cyclist was partially at fault for his injuries, then his compensation will be reduced accordingly.

After the change in the law in 2023, when filing a personal injury lawsuit, one no longer has four (4) years but two (2) years from the date of the injury or accident and has the added burden of a modified comparative fault rule.  Consequently, a victim, injured party, plaintiff and/or claimant should retain the services of an experienced Personal Injury Attorney.

The foregoing is a brief and general overview of bicycles, accidents and the new law governing this area in Florida. 

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.