Florida Lawyer Blog

Archive for November, 2010

The car insurance laws may vary from one state to another. But it’s mandatory in every state to have a least physical injury liability and property damage compensation. So, you should know the amount of compensation you need in your state according to auto insurance law. There are also necessities for underinsured motorist coverage and uninsured motorist coverage in every state. If you have uninsured motorist coverage, you’ll get covered if you are injured in an auto accident by the driver devoid of insurance policy. If you have underinsured motorist coverage and face an accident, you’ll get covered if the driver has insufficient coverage.

For example, The Department of Motor Vehicles (DMV) in Tennessee is informed of all insurance annulments, lapses, and non-renewals. Administrators also ask for evidence when a vehicle is stopped. Failure to encompass insurance results in motor vehicle registration renewals being starved of, licenses being canceled and heavy fines. Failure to have a legal license and insurance coverage results in motor vehicle impoundment and prison time. In such cases it is always suggested that you seek advice from an attorney about Tennessee DUI Penalties and also know about your state laws with the insurer before getting a car insurance policy.

As per the Sixth Amendment to the US Constitution, the right to a speedy trial is a basic right given to the defendant in a criminal case. Every US state also has a statute in place regarding this. This sets a time limit for the prosecution to bring the defendant to a trial. If you suspect a violation of this right, it is necessary to avail legal counsel immediately.

Proving the violation could be difficult on your own. The factors taken into consideration in this matter are as follows:

Ø  The period of the delay

Ø  The reason behind the delay

Ø  The consequences of the delay on the defendant

Another major factor is whether the defendant demanded for a speedy trial or not.

Just claiming the violation of the right to a speedy trial would not suffice in this case. You need to prove it as well. The court would never accept this if the delay had an acceptable reason – like delays because of motions, or delays because the defendant was unavailable and so on.

You need a competent criminal lawyer to prove that there was a violation of this basic right. If your lawyer is capable of doing this, you can get a dismissal from a criminal charge.

Probate is court supervised procedure of distribution of movable and immovable property of a dead person. This happens when a person has died without a will. This is termed as the person has died Intestate in legal jargon. The inheritors and people who can be beneficiary from the death of the person can be assured of impartial evaluation and distribution.

Absence of property results in absence of probate. Simple! Separate probate proceedings may be required in case property of the deceased is present in different states of USA. The Probate Court appoints and oversees the function of the executor or personal representative. He is responsible for managing the estate of the deceased.

A personal representative can be a spouse, a Florida resident, etc. There is a state to state variation in the amount of fee payable to an executor. This can be anything from 3% or more. Items such as life insurance policy, 401(K) account transfers and IRAs will bypass probate procedure and will be handed over to the nominee of such policy by default.

A notice (newspaper advertisement) is served to all creditors to put forward their claims within 3 months from the initialization of the probate process. After 3 months the executor will submit a plan before the court regarding distribution of property. As a new tax entity the estate is supposed to pay all prevailing state and federal taxes.

There are several complicacies that may arise when the estate is unable to pay all its creditors or the will is lost, etc. The handover of an estate to its inheritors can become very complex. As a result it is better to consult a Florida Inheritance attorney.

Personal injury refers to injury caused due to accident or due to negligence by another person or organization.

In case of negligence related to personal injury, if the plaintiff dies while the case is pending or still waiting to be filed. The court will abandon the personal injury related case but allow action against wrongful death. This will happen as per discovery rule applicable from 2 years from the date of death of the plaintiff.

If personal injury occurs due to medical malpractice, the statute of limitation states that:

• In case of infant a suit may be filed within the 8^th birthday of that infant;
• Statute of Repose is applicable for 4 years from the date of malpractice.

When nature of bodily damage indicates possible medical negligence, the statute of limitation begins to run.

When injury is related to malpractice by a professional not related to health services. In such scenarios, statute of limitation is applicable from 2years from the discovery rule.

Statute of Limitation is applicable after 4 years within which the discovery rule is applicable. Although, statute of limitation is being regularly cited but there are several other statutes that have exceptions imposing limitations in one way or the other.

It is seen that there is a rise in injury cases in and around Fort Myers. For a correct evaluation of your case whether you are plaintiff or the defendant it is better to approach a local, experienced Fort Myers Injury Lawyer.

The state of Florida has different VISA rules for citizens from different nations. Foreign nationals falling under the Visa Waiver Program (V.W.P.) can stay for 90 days. In the aforesaid case the said national must have a Machine Readable Passport (M.R.P) with a bar code on the photo page. These nationals must carry valid passports of their respective nation. The State of Florida classifies visa applications- Immigrant visas and non-immigrant visas.

Immigrant Visas are further subdivided:-

• Employment based;
• Family based;
• Investor based (EB5):- People coming alone or with their family to invest in USA. This investment will cause requisite full time jobs. It is going to be beneficial for the USA economy.

Non-immigration visa is classified into-

• Athlete, entertainer;
• Diplomat
• Exchange students
• Inter-Company transfer of companies
• Press staff
• Student
• Trainee,etc.

Since, 2009 there has been a new policy which makes 3 day prior online registration compulsory for foreign nationals. Broward County in Florida is neither historically nor a traveler paradise excluding Fort Lauderdale. As per Census data the majority of population is Afro-Americans. It is prudent to consult a Broward County visa Attorney in case you are in trouble or require more enlightenment regarding your queries.

A wrongful death attorney handles wrongful death cases ensuing from car and any other motor accidents or any trucking accidents. Losing a loved one in a deadly motor vehicle accident radically alters your family. The Wolf & Pravato law firm can help your family to get the compensation that deserve.

Their Fort Myers Wrongful Death Attorney’s experience also helps in handling wrongful death cases that result due to medical malpractice. Money cannot compensate your loss, but fair-haired compensation can ensure a fair justice.

What You Are about to get

In most of the wrongful death cases, you will be capable of recovering both financial and nonfinancial damages. A survivor can congregate for loss of income. Survivors are also expected to get compensation for the pain and suffering and the loss of company. The wolf & pravato helps survivors secure the damages they deserve.

The statute of limitations in a wrongful death case is two years, but in other injury cases have dissimilar limitations. Get in touch with a wrongful death attorney as soon as possible to realize your limitations and options.