Florida Questions & Answers by Practice Area
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Florida Questions & Answers
Q: Do I need a lawyer for minor car accident.
David A. Wolf's answer
The question is a very general one. For a minor car accident, a driver or passenger may need the services of an attorney. It all depends on the facts and circumstances as well as the goals of the person seeking property damages or compensation for personal injuries.
The question is a very general one. For a minor car accident, a driver or passenger may need the services of an attorney. It all depends on the facts and circumstances as well as the goals of the person seeking property damages or compensation for personal injuries.
Q: Do I need a lawyer for a car accident?
David A. Wolf's answer
Additional facts would be needed. For some automobile accident cases, a person will not need the services of an attorney. It all depends on the facts and issues involved. It will also depend if there is a fight or challenge with the insurance company. Many automobile accident attorneys provide for a free office or telephone consultation.
Additional facts would be needed. For some automobile accident cases, a person will not need the services of an attorney. It all depends on the facts and issues involved. It will also depend if there is a fight or challenge with the insurance company. Many automobile accident attorneys provide for a free office or telephone consultation.
Q: Where to find a lawyer and what type of lawyer for a constitutional tort/ Biven action.
Marshall Jason Ray's answer
You are looking for a lawyer that does plaintiff civil rights work. There are likely lawyers with profiles on this website that perform this type of work in your state. You can contact them directly to set up a private consultation.
You are looking for a lawyer that does plaintiff civil rights work. There are likely lawyers with profiles on this website that perform this type of work in your state. You can contact them directly to set up a private consultation.
Q: How much time will it take to get divorce if one of the spouses is not willing for divorce?
David A. Wolf's answer
That is a very broad question. The dissolution of marriage proceedings can go well beyond a year if there are many issues contested. There is no set time period to quote or by statute to provide to you. Consult with a family law attorney to find out your legal rights and recommended course of action.
That is a very broad question. The dissolution of marriage proceedings can go well beyond a year if there are many issues contested. There is no set time period to quote or by statute to provide to you. Consult with a family law attorney to find out your legal rights and recommended course of action.
Q: Do I have to continue paying child support while my daughter is in college I live in the state of Florida
David A. Wolf's answer
Typically, child support ends when the child turns 18 or is still in high school. In some marital settlement agreements, the paying parent has promised to pay for college. You need to review the court order or agreement that applies to your case. Good luck.
Typically, child support ends when the child turns 18 or is still in high school. In some marital settlement agreements, the paying parent has promised to pay for college. You need to review the court order or agreement that applies to your case. Good luck.
Q: I am a single mother with a five year old daughter, her father has never supported her, I petitioned the court and won
David A. Wolf's answer
There are certain rules and procedures for moving out of State. If you have a job or family related reason for the move, this could be enough justification for the move. The father does not seem to have much leverage but the ultimate decision on these matters is left up to the Judge. I recommend you contact a local family law attorney for advice, guidance, and a recommended course of action.
There are certain rules and procedures for moving out of State. If you have a job or family related reason for the move, this could be enough justification for the move. The father does not seem to have much leverage but the ultimate decision on these matters is left up to the Judge. I recommend you contact a local family law attorney for advice, guidance, and a recommended course of action.
Q: I hired a sitter on Rover to take care of my 2 dogs while i was away. She lost one. Another one was bitten by her dogs.
David A. Wolf's answer
The statute of limitations for most negligence cases in the State of Florida is 4 years. There are some exceptions to this general law. Typically, damages for the loss or injury to a dog are limited to the replacement value of the dog and not the emotional value of the dog unless there was reckless conduct involved. Sorry about the loss of one pet and the injury to the other. Good luck.
The statute of limitations for most negligence cases in the State of Florida is 4 years. There are some exceptions to this general law. Typically, damages for the loss or injury to a dog are limited to the replacement value of the dog and not the emotional value of the dog unless there was reckless conduct involved. Sorry about the loss of one pet and the injury to the other. Good luck.
Q: Do I have a Constructive discharge/termination claim?
Marshall Jason Ray's answer
You would need to sit with a local attorney and provide much more detail. Words such as "bullied," "discriminated," and "harassed" are conclusory and lack the detail needed to assess whether you have suffered any actionable discrimination and whether the circumstances were bad enough at work that you would be allowed to collect unemployment benefits despite being the moving party to the separation. Usually, voluntarily quitting disqualifies you from receiving unemployment benefits. To...
You would need to sit with a local attorney and provide much more detail. Words such as "bullied," "discriminated," and "harassed" are conclusory and lack the detail needed to assess whether you have suffered any actionable discrimination and whether the circumstances were bad enough at work that you would be allowed to collect unemployment benefits despite being the moving party to the separation. Usually, voluntarily quitting disqualifies you from receiving unemployment benefits. To...
Q: How do I get extra time on an eviction. They said we didn't pay but we can't prove it because we can't find the receipts
David A. Wolf's answer
You may be able to hire an attorney to file a motion to get you additional time. Getting an extra week may be something that can be achieved.
You may be able to hire an attorney to file a motion to get you additional time. Getting an extra week may be something that can be achieved.
Q: I let a woman take my dog to breed her dog. She will not give me my dog back. The Sheriff office won't do anything.
David A. Wolf's answer
The other person essentially is holding on to your personal property. You can file an action to recover your personal property. Hopefully, you have some kind of documentation to show dog ownership. It appears that the sheriff's office does not want to get involved. As such, this appears to be a civil matter. You most likely will have to pay an attorney for representation or you can take the other person to small claims court and see if the Judge will order the dog back in your possession....
The other person essentially is holding on to your personal property. You can file an action to recover your personal property. Hopefully, you have some kind of documentation to show dog ownership. It appears that the sheriff's office does not want to get involved. As such, this appears to be a civil matter. You most likely will have to pay an attorney for representation or you can take the other person to small claims court and see if the Judge will order the dog back in your possession....
Q: Vendor used client's internet and office space to work on side project. Does client have any claim to this side project?
Mr. Michael O. Stevens' answer
Since it does not appear you were an employee and you have no contract, he would have a difficult time with his claim as to ownership. And given no written contracts, it might be hard for him to assert other claims.
Since it does not appear you were an employee and you have no contract, he would have a difficult time with his claim as to ownership. And given no written contracts, it might be hard for him to assert other claims.
Q: Should I pay back loans that were part of a school that wasn't accredited and was committing fraud?
1 Answer
| Asked
in
Education Law, Consumer Law and Contracts
for
Florida
on
Answered on Apr 18, 2016
Answered on Apr 18, 2016
David A. Wolf's answer
You should contact a consumer attorney regarding this matter. I have heard about cases being pursued when a school has engaged in fraudulent activities. I recommend that you get legal advice and possibly take some action rather than just assume that you are not responsible because there was fraud involved.
You should contact a consumer attorney regarding this matter. I have heard about cases being pursued when a school has engaged in fraudulent activities. I recommend that you get legal advice and possibly take some action rather than just assume that you are not responsible because there was fraud involved.
Q: hi my parents are deceased the house was put in me and my brothers name by a probate judge but before that happened my
David A. Wolf's answer
It appears that you both own the case. I have seen this situation arise before. Very similar facts. You should consult with an attorney about your real estate rights and the potential for a partition action. Good luck.
It appears that you both own the case. I have seen this situation arise before. Very similar facts. You should consult with an attorney about your real estate rights and the potential for a partition action. Good luck.
Q: How does one obtain a visitor's visa/pardon to the U.S.?
1 Answer
| Asked
in
Criminal Law, Immigration Law and International Law
for
Florida
on
Answered on Apr 16, 2016
Answered on Apr 16, 2016
Camlinh Nguyen Rogers' answer
There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
Q: How does one obtain a visitor's visa/pardon to the U.S.?
1 Answer
| Asked
in
Criminal Law, Immigration Law and International Law
for
Florida
on
Answered on Apr 16, 2016
Answered on Apr 16, 2016
Camlinh Nguyen Rogers' answer
The stated facts create a complex case, and are insufficient to provide legal advice.
You should sit down with an experienced immigration attorney, who will investigate the facts and counsel you with solution for your case. Most careful and liable attorneys would not respond to complex cases questions without understanding specific facts. Good luck. www.aba-us.com
The stated facts create a complex case, and are insufficient to provide legal advice.
You should sit down with an experienced immigration attorney, who will investigate the facts and counsel you with solution for your case. Most careful and liable attorneys would not respond to complex cases questions without understanding specific facts. Good luck. www.aba-us.com
Q: Can I be sued if I did not have commercial insurance while on delivery and the company did not tell me to carry it?
1 Answer
| Asked
in
Insurance Bad Faith, Insurance Defense and Car Accidents
for
Florida
on
Answered on Apr 11, 2016
Answered on Apr 11, 2016
David A. Wolf's answer
This is a common problem for pizza delivery drivers. When insurance is purchased by the vehicle owner, there is a question that is always asked. Are you using the vehicle for personal or business uses? If you answer business uses, then your premiums will be higher in the form of a commercial insurance policy. Many pizza delivery drivers do not inform the insurance company that the use of the vehicle changed from personal use to business use. There is a case against you if you were at fault...
This is a common problem for pizza delivery drivers. When insurance is purchased by the vehicle owner, there is a question that is always asked. Are you using the vehicle for personal or business uses? If you answer business uses, then your premiums will be higher in the form of a commercial insurance policy. Many pizza delivery drivers do not inform the insurance company that the use of the vehicle changed from personal use to business use. There is a case against you if you were at fault...
Q: Can my parents landlord make me pay even if I don't have a lease with her?
David A. Wolf's answer
Landlord tenant law in Florida is governed by Chapter 83, Florida Statutes. I suggest that you read through this statute. A lease can be established even without the presence of a written lease. The term of the "lease" is usually established by payment. As such, if payment is made monthly, this is called a month to month lease. A landlord can choose to raise the rent or request that the tenant leave the premises if proper notice and procedures are followed. You may want to consult with a...
Landlord tenant law in Florida is governed by Chapter 83, Florida Statutes. I suggest that you read through this statute. A lease can be established even without the presence of a written lease. The term of the "lease" is usually established by payment. As such, if payment is made monthly, this is called a month to month lease. A landlord can choose to raise the rent or request that the tenant leave the premises if proper notice and procedures are followed. You may want to consult with a...
Q: Can a judge order or ask lawyer to write his finale judgement in a paternity case when only one person has lawyer?
David A. Wolf's answer
A judge can ask an attorney to submit a draft or proposed Final Judgment for the Judge's review. Ultimately, the Judge is the one who approves the language of the Final Judgment. If the Final Judgment has language that is inconsistent with the Judge's instructions or rulings, the Judge can instruct the attorney to edit or modify the Final Judgment language before the Judge signs off on the Final Judgment. On some cases, the attorney for each party submits a proposed Final Judgment for the...
A judge can ask an attorney to submit a draft or proposed Final Judgment for the Judge's review. Ultimately, the Judge is the one who approves the language of the Final Judgment. If the Final Judgment has language that is inconsistent with the Judge's instructions or rulings, the Judge can instruct the attorney to edit or modify the Final Judgment language before the Judge signs off on the Final Judgment. On some cases, the attorney for each party submits a proposed Final Judgment for the...
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