Accidents that occur either while residing, traveling or vacationing in Florida can lead to serious injuries. In addition to auto crashes, bicycle or motorcycle or scooter accidents and boating incidents, tourists’ and/or residents’ injuries can result from negligence arising from premises related as well as other causes:

• Swimming pool accidents.
• Amusement Park accidents.
• Hotel/motel/Airbnb injuries.
• Parasailing/parakiting/bungee jumping/hang gliding/skydiving injuries.
• Festival and concert injuries.
• Trade show and convention injuries.
• Sexual assaults and other violent or criminal attacks as well as Negligent Security.

There are a few things that can and should be done, if able, immediately after an incident to preserve evidence and improve the possibility of recovering full financial compensation for losses sustained. These include, but are not limited to:

• Seeking immediate medical attention(i.e., ambulance/rescue, hospital/urgent care, doctor).
• Reporting the incident to local police and/or premises owner/operator/manager.
• Documenting the scene with photos/videos and/or obtaining surveillance videos.
• Collecting/gathering witness information (names, phone or cell numbers and addresses of people who saw the incident).
• Contacting an Attorney and seeking legal representation.

Before visiting or traveling through Florida, if there are any additional QUESTIONS regarding the foregoing matters, contact or call the Attorneys at CASERTA & SPIRITI before an unfortunate and unexpected accident occurs!!

Divorce has a strong impact on an estate plan in Florida. Under Fla. Statute Section 732.507(2), a provision of a Last Will and Testament affecting a spouse will become void upon divorce. Section 736.1105, which is part of the Florida Trust Code, DOES THE SAME FOR TRUST PROVISONS.  Consequently, for example, a man listed his spouse as the sole beneficiary of a valid Last Will and Testament. Upon divorce and the husband’s subsequent death, the surviving ex-spouse will no longer qualify as a beneficiary under his Last Will and Testament. In fact, under these circumstances, a probate court would treat the distribution of the ex-husband’s assets as though they should pass if the ex-spouse had predeceased. Basically, a divorce generally has the effect of not allowing an ex-spouse to inherit from his or her ex. However, it is always strongly recommended that everyone update their estate plan after significant life events such as a divorce. Therefore, if an individual has gone through a divorce, it would be beneficial as well as recommended to meet with an estate planning attorney to ensure his or her assets pass to whomever they wish upon their death.

As for other assets –Section 732.703, entitled “Effect of divorce, dissolution, or invalidity of marriage on disposition of certain assets at death,” provides that former spouse’s interest in the following types of accounts will be nullified on divorce automatically:

• life insurance
• qualified annuity, or other similar tax-deferred contract held within an employee benefit plan
• employee benefit plan.
• individual retirement account described in s. 408 or s. 408A of the Internal Revenue Code of 1986
• payable-on-death account.
• security or other account registered in a transfer-on-death form.
• life insurance policy, annuity, or other similar contract that is not held within an employee benefit plan or a tax-qualified retirement account.

The foregoing rules do not apply if the divorce decree/final judgment in dissolution of marriage or marital settlement agreement provides otherwise.  In addition, if the account is governed by ERISA (Employee Retirement Income Security Act), which is a Federal employee benefit statute, Florida law does not apply.  Florida law has attempted to make the effect of divorce on an estate plan what the majority of ex-spouses would want to have happen, i.e., to cancel the right to inherit of the former spouse.

Please call an Attorney at CASERTA & SPIRITI to discuss your situation, concerns and needs.

Rental Reimbursement coverage is relatively inexpensive and convenient when you need it. Quite often, after an accident caused by another driver, there may be a delay of days or sometimes weeks before their insurance company can be ascertained, and then, that carrier must be given an opportunity to investigate the incident to determine liability and whether they accept responsibility for the crash.  Frequently, the other driver fails to report the crash, or said driver does not have an insurance card at the scene of the accident or are driving someone else’s motor vehicle and does not know the owner’s insurance company. On various occasions, the responsible driver has no insurance, or it was cancelled prior to the accident. These and other situations may delay having the driver’s insurance company provide you, the innocent party, a rental car, or not provide one at all.

In an accident, if you do not exchange sufficient information with the other driver or vehicle, awaiting a police report for said information may take weeks or even a month.

Further, if you have an accident with a driver of a rental vehicle, the Rental company must investigate first if the driver had separate coverage or purchased coverage from the Rental company and must investigate the accident to determine liability as well.  All this takes time!

Having rental coverage allows you to get a car without paying out of pocket and it avoids a major annoyance as well as difficulty for you. The coverage has a minimal cost, probably less than $15-$20 every six months and is definitely worth the expense.

For any additional QUESTIONS regarding the various automobile insurance coverages, contact your insurance agent or call an Attorney at CASERTA & SPIRITI before an accident occurs!!

Florida law gives competent adults the right to make decisions regarding their own healthcare. They can choose which treatments they want and even refuse medical care completely if they so desire. However, when they are unable to make these decisions on their own due to incapacity, an advanced directive called a Living Will can ensure that their future healthcare wishes are followed.

What is a Living Will?

Unlike a Last Will & Testament, which directs the distribution of assets in an estate or legal transfer of ownership of the same after death, a Living Will protects an individual (and their loved ones) during their lifetime.

The unfortunate reality is that critical healthcare decisions are often made at a time when a patient is mentally incapacitated, unconscious, or otherwise unable to direct their own medical providers, and failure to provide advance instructions can create difficulties for the individual and/or their loved ones.

With a Living Will, one is able to:

• Specify their wishes or desires about any life-prolonging treatment.
• Appoint a healthcare surrogate to make medical decisions for them.
• Name an alternate healthcare surrogate if the original choice is unwilling or unable to act when the time comes.

By taking time to plan now, individuals can spare their loved ones any unnecessary stress, avoid decisions that are contrary to their wishes, and make sure that their care is overseen by someone they choose.

How Do You Obtain a Living Will?

In Florida, Living Wills must be signed in the presence of two witnesses, at least one of whom is not the signer’s or maker’s spouse or a blood relative. If the maker is physically unable to sign the Living Will, one of the witnesses can sign in the presence of and at the direction of the maker. Even though an individual is not legally required to prepare the documents with an attorney’s assistance, there are several advantages to doing so, namely the fact that an experienced estate planning attorney will ensure that all possible scenarios are covered and any critical questions are answered. Once a Living Will has been drawn up and executed, it should be accessible to those who may need it in the future, such as the primary and/or alternate healthcare surrogates, a primary care physician, and possibly the attorney, who can ensure that the right parties get it if necessary. One should also keep a copy in a safe place and carry a card indicating that he or she has a living will and where it can be found.