Month: May 2024

Slip & Fall Accidents in Florida – An Overview

Posted by CSG Firm on

If a Florida resident has been injured in a slip and fall accident on someone else’s property, it is crucial to seek prompt legal guidance to understand their rights and options for compensation. A seasoned premises liability and personal injury lawyer can be an invaluable asset to assist injured parties.

In Florida, slip and fall accidents will generally fall under premises liability claims that require a property owner or occupier (i.e., business, commercial location, or otherwise private property) to use ordinary care to reduce or eliminate an unreasonable risk of harm created by a condition on the site or premises.

Because a person slipped and fell on someone else’s property does not automatically entitle the injured party to compensation from the property owner. Instead, an injured party must prove that the property owner’s negligence was the cause of a slip/trip and fall accident to be entitled to recover compensation from the subject property owner. Frequently, fall down cases are attributed to poor conditions on the property, and if it can be proven that the owner of the property was aware or should have known that these conditions existed, and did nothing about it, then the injured may be able to recover damages for their losses, such as medical expenses, lost wages, and more.

Among the provisions in the 2023 law signed by Gov. Ron DeSantis on March 24, 2023: a shortened statute of limitations or deadline was established in personal injury cases, from four (4) to file with the Florida Courts down to two (2) years as well as a less favorable comparative fault standard from a pure comparative (i.e., any amount of fault) standard to one that includes a 51% bar, i.e., the other party must be more at fault than the victim.

Common Causes of Slip and Fall Accidents

  1. Spilled Liquids: Property owners have a duty to promptly clean up spills and adequately mark areas where liquids are present to prevent accidents.
  2. Inclement Weather Hazards: Failure to address hazards caused by weather conditions like ice, rain, hail, or fallen leaves can lead to slip and fall accidents. Property owners should take reasonable precautions to maintain safe conditions during inclement weather.
  3. Tripping Hazards: Unsafe property conditions such as damaged floors, stairs, sidewalks, or poor lighting can create tripping hazards. Property owners are responsible for maintaining their premises in a safe condition to prevent accidents.

The legal team at CASERTA & SPIRITI is dedicated to helping victims of others’ negligence pursue the compensation they deserve for their injuries.

Personal Injury attorneys offer free, no-obligation consultations to discuss the injured party’s case and provide personalized legal advice. One should not hesitate to reach out for legal assistance in navigating their slip and fall injury claim.

The foregoing is a brief and general overview of the topic.

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.

Florida Estate Planning Guide-An Overview

Posted by CSG Firm on

Creating an estate plan is crucial, regardless of one’s age or financial status. Without one, assets may be distributed according to Florida Intestacy Laws, which can lead to lengthy and costly probate proceedings. To assist in navigating the Estate Planning process, the following is a brief general guide or overview tailored for Florida residents:

Step One: Answer Questions

  1. Guardianship for Children:

    • Determine who will care for children if the parents become incapacitated or pass away.
    • Avoid potential custody disputes by making these decisions in advance.

  2. Financial Management:

    • Designate a trusted individual to manage one’s finances if one is unable to do so.
    • Ensure they will act in one’s best interest and make prudent decisions.

  3. Healthcare Decisions:

    • Appoint someone to make healthcare decisions on one’s behalf in case of incapacity.
    • Consider their ability to advocate for specific wishes regarding medical treatment.

  4. Advance Healthcare Directives:

    • Specify preferences for medical care, including end-of-life decisions, through Advance Directives.
    • Clarify one’s stance on life support and other critical healthcare matters.

  5. Life Insurance Requirements:

    • Evaluate life insurance needs to cover outstanding debts and provide financial support for the family.
    • Consider shared assets and joint accounts when calculating coverage.

  6. Beneficiaries and Asset Distribution:

    • Determine who will inherit assets and how they will be distributed.
    • Discuss tax implications and strategies with an attorney and tax advisor to optimize asset transfer.

  7. Executor Appointment:

    • Choose Personal Representative (an executor) responsible for carrying out specified wishes and administering the estate.
    • Provide clear instructions and ensure they understand their responsibilities.

Step Two: Gather Information

  1. Real Estate Holdings:

    • Compile a list of all properties one owns, including addresses, values, and relevant documentation.

  2. Financial Accounts:

    • Document bank accounts, investments, and retirement funds, along with account numbers and balances as well as usernames and passwords.

  3. Vehicles and Watercraft:

    • List all vehicles and watercraft owned, including identification numbers and ownership documents.

  4. Personal Items:

    • Identify high-value personal items like artwork, antiques, and jewelry, along with sentimental possessions.

  5. Debts Owed to You:

    • Record any outstanding debts owed to you, including debtor information and loan documentation.

Step Three: Speak with an Estate Planning Attorney

  1. Legal Documents:

    • Collaborate with an experienced Florida estate planning attorney to create essential documents tailored to one’s needs.
    • Consider drafting a Last Will and Testament, Durable Power of Attorney, Advance Healthcare Directive, and Pre-need Guardian Designation as well as any other appropriate documents.

  2. Trusts and Asset Protection:

    • Explore the benefits of Trusts, Lady Bird deeds and Beneficiary Designations for avoiding probate, facilitating asset transfer, and minimizing tax liabilities.
    • Discuss asset protection strategies to safeguard the estate from creditors and legal claims.

  3. Review and Update:

    • Regularly review the subject estate plan to ensure it reflects one’s current wishes and financial situation.
    • Update beneficiaries, trustees, and personal representatives/executors as needed to maintain alignment with evolving goals.

Conclusion

By following the foregoing Florida Estate Planning Guide and consulting with an experienced Estate Planning attorney, a Florida resident can create a comprehensive estate plan that safeguards their assets, protects their loved ones, and ensures their last wishes are honored. It is important to begin planning for the future as early as possible.

The foregoing is a brief and general overview of the topic. 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.