Florida Car Accident Lawyer - Florida Car Accident Attorney

Accidents happen: Finding the right Florida Car Accident Lawyer

In the U.S., Car accidents occur almost every five seconds, and if you should find yourself involved in one in the Sunshine State contacting a local, specialized Florida Car Accident Lawyer can ensure you are compensated for the negligence of others.

Due to the complexity of the legal system, it is crucial to contact an attorney licensed and well-versed in Florida law and who has handled various cases within the legal system.

Finding the right Florida Car accident attorney is not difficult, but it is important to do your homework prior to making your final decision.

After an accident and before you even think of calling an Car accident attorney in Florida, follow these steps:

• Call the police
• Exchange information with the other parties involved, including name, driver's license, insurance, policy number, address, telephone and any passengers
• Do not admit any responsibility, make any statements, or sign anything
• In Florida, you are under no obligation to cooperate with or provide statements to the other driver's insurance company.

No-Fault Benefits/PIP

Regardless of fault, In Florida, you are entitled to No-Fault benefits, often called Personal Injury Protection (PIP), which are paid by the insurance company of the car you were driving or riding in at the time of the accident regardless of who bears ultimate responsibility. These benefits cover medical expenses, prescriptions, lost wages and others. Every automobile owner is required to have PIP. You only have 30 days from the time of the accident to file a no-fault application, however. Florida's car accident attorneys can assist you in filing the claim.

Uninsured Motorist

There is no requirement in Florida that an automobile owner carry bodily injury liability insurance coverage. Uninsured motorist coverage is offered by your insurance company, and will pay some, if not all, of these types of damages.

When to contact a Florida Car Accident Attorney

If you believe you are entitled for additional compensation due to "serious injury" as a result of the accident, contact an florida car accident attorney as soon as possible. The attorney can help you file the necessary insurance claims while, at the same time, preparing for any legal action to seek damages you may be entitled to. If you plan to file suit, work with your Florida accident lawyer to determine the amount you will seek. There are strict medical conditions that must be proven in order to pursue legal actions.

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Florida Birth Injury Lawyer

Contacting a Florida Birth Injury Lawyer is Never Easy

No parent wants any complications at childbirth, yet sometimes, the negligence of doctors or the inability to diagnose certain ailments at childbirth require the expertise of a Florida birth injury lawyer to get the financial resources you need to cope.

In Florida, birth injury lawyers can work to determine what played a factor in a birth injury, such as:

• Failure to properly monitor the mother during pregnancy or delivery
• Lack of oxygen during delivery
• Failure to anticipate recognize or react to dangerous situations
• Failure to anticipate the size of the newborn
• Failure to order a C-section
• Other mistakes

An experienced Florida birth injury lawyer can guide you through the difficult process of seeking damages or compensation due to a birth injury. There are several common both injuries including:

• Cerebral palsy
• Temporary paralysis
• Brain damage
• Fractures

Contact a Birth Injury Attorney in Florida Immediately

There are several tools that Florida birth injury attorneys use to prove that an injury was caused by negligence or carelessness and they will investigate every aspect of your pregnancy and childbirth. Any deviation from the standard of care is a good indication that negligence has occurred.

The statute of limitations on birth injury cases differs from regular personal injury and malpractice cases, and there are often several factors considered by the courts when determining who is eligible to file and when. As a result, it is extremely important to contact a Florida birth injury lawyer as soon as possible to allow them to adequately study and file any necessary motions and take the necessary time to prepare your case for the courts.

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Florida Auto Accident Lawyer - Florihttp://www.blogger.com/post-create.g?blogID=2657336004098161337da Auto Accident Attorney

Accidents happen: Finding the right Florida Auto Accident Lawyer

In the U.S., auto accidents occur almost every five seconds, and if you should find yourself involved in one in the Sunshine State contacting a local, specialized Florida auto accident lawyer can ensure you are compensated for the negligence of others.

Due to the complexity of the legal system, it is crucial to contact an attorney licensed and well-versed in Florida law and who has handled various cases within the legal system.

Finding the right Florida auto accident lawyer is not difficult, but it is important to do your homework prior to making your final decision.

After an accident and before you even think of calling a Florida auto accident attorney, follow these steps:

• Call the police
• Exchange information with the other parties involved, including name, driver's license, insurance, policy number, address, telephone and any passengers
• Do not admit any responsibility, make any statements, or sign anything
• In Florida, you are under no obligation to cooperate with or provide statements to the other driver's insurance company.

No-Fault Benefits/PIP

Regardless of fault, In Florida, you are entitled to No-Fault benefits, often called Personal Injury Protection (PIP), which are paid by the insurance company of the car you were driving or riding in at the time of the accident regardless of who bears ultimate responsibility. These benefits cover medical expenses, prescriptions, lost wages and others. Every automobile owner is required to have PIP. You only have 30 days from the time of the accident to file a no-fault application, however. In Florida, auto accident lawyers can assist you in filing the claim.

Uninsured Motorist

There is no requirement in Florida that an automobile owner carry bodily injury liability insurance coverage. Uninsured motorist coverage is offered by your insurance company, and will pay some, if not all, of these types of damages.

When to contact a Florida accident attorney

If you believe you are entitled for additional compensation due to "serious injury" as a result of the accident, contact an attorney as soon as possible. The attorney can help you file the necessary insurance claims while, at the same time, preparing for any legal action to seek damages you may be entitled to. If you plan to file suit, work with your Florida accident lawyer to determine the amount you will seek. There are strict medical conditions that must be proven in order to pursue legal actions.

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Florida Accident Attorney - Florida Accident Lawyer

Like all other states in The United States of America, Florida too has its own set of rules and regulations governing and protecting the rights of its citizens. The accident cases are taken care of by specialized attorneys called the Florida Accident Attorneys. They take care of all the litigations concerned with accidents. The rules governing these accident laws are enforced to ensure justice to the people of Florida. Then there is the Attorney General of Florida who takes part in all the legal affairs of the state. Whenever there is a dispute or any amendments are required, he interferes and sets things right. He even counsels the public in case of some legal issues.

Florida Accident Attorney / Florida Accident Lawyer

An Florida accident lawyer protects your rights to claim the due compensation for you .He is your guardian angel besides your doctor, when you have encountered with an accident. You are more worth than you think yourself to be, so let your accident attorney come to your rescue and give you your worth.

Under the State of Florida, the auto insurer pays for non-economic damages, regardless of who caused the accident. This provision is stated under its “No Fault law”. It was first enacted to reduce auto-injury frauds, as a way to keep the insurance costs low. One may collect non-economic damages from the at-fault party if its been established that the bodily injury has resulted in the following:

• Significant and permanent loss of important bodily function
• A permanent injury
• A permanent and significant scarring or disfigurement
• Death

A principle called “comparative negligence” may reduce your damage, if the defendant can establish that actions on your part contributed to the accident. Under the “Collateral Source Rule”, reduction of awards by any amounts received from public or private insurance as compensation to loss can occur.

Florida Attorney General

He is the constitutional, statewide elected official who serves as the attorney for the State of Florida. Enforcement of the state consumer protection and antitrust laws as well as the civil prosecution of criminal racketeering within Florida is done by the attorney general of Florida. Within the gamut of the criminal laws, when the convicts appeal their convictions, including the capital murder cases, the Attorney General represents the State. He is also authorized to issue formal legal opinions at the request of the various officials for application of state laws. The Florida attorney general defends the constitutionality of statutes duly enacted by the legislature. The attorney general serves on the Florida Cabinet along with the Chief financial Officer and the Commissioner. He also serves as a trustee of public lands and the member of the clemency board, on account of being a member of the cabinet. In case of litigations, he serves as legal advisor to the cabinet and represents the Governor and Governor- directed state agencies.

Floridians can approach the attorney general for suggestions and guidance on disputes and legal issues. But one must understand that the opinions of the Attorney General do not substitute for the advices and counsel of the attorneys who represent governmental agencies and officials.

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Should I Beware of Someone Who Is a"Promoter" of Financial and Estate Planning Services?

There are many who call themselves "trust specialists," "certified planners" or other titles which are intended to suggest that the person has received advanced training in estate planning. California is experiencing an explosion of promotions by unqualified individuals and entities which have only one real goal -- to gain access to your finances in order to sell insurance-based products such as annuities and other commission-based products.

Here are some helpful hints and suggestions:

• Before considering a living trust or any other estate or financial planning document or service, consult with a lawyer or other financial advisor who is knowledgeable in estate planning, and who is not trying to sell a product which may be unnecessary.
• Always ask for time to consider and reflect on your decision. Do not allow yourself to be pressured into purchasing an estate or financial planning product.
• Know your cancellation rights. California law requires that sellers who come to your home to sell goods and services (not including insurance and annuities) that cost more than $25 must give you two copies of a notice of cancellation form to cancel your agreement. You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction.
• Be wary of home solicitors who insist on receiving confidential and detailed information about your assets and finances.
• Find out if any complaints have been filed against the company by calling local and state consumer protection offices or the Better Business Bureau.
• Know whom you are talking to and insist on identification of the person and a description of his or her qualifications, education, training and expertise in the field of estate planning.
• Always ask for a copy of any document you sign at the time it is signed.
• Report high-pressure tactics, misrepresentations or fraud to the police immediately.

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How Do I Find a Qualified Lawyer?

Some lawyers who work in the estate planning area are "certified specialists in estate planning, trust and probate law." This designation means that they have met standards for certification set by the State Bar of California. However, not all lawyers who have experience and expertise in estate planning have sought that certification.

If you do not already know a lawyer who is qualified to help with your estate plan, obtain referrals from someone whose judgment you can trust -- friends, associates, or your employer. Your local bar association maintains a list of State Bar certified lawyer referral services in your area. For an oline list of certified lawyer referral services, visit the State Bar's Web site at www.calbar.ca. gov. You should be wary of organizations or offices who are staffed by non-lawyer personnel and who promote "one size fits all" living trusts or living trust kits. An estate plan created by someone who is not a qualified lawyer can have enormous and costly consequences for your estate and may not achieve your goals and objectives. Do not allow yourself to be pressured into immediately purchasing any estate planning product. When you retain a lawyer, you should understand what services are to be provided and how much they will cost. California law requires that a lawyer explain, in writing, the nature of the services to be rendered, the cost of those services and the payment terms. You should indicate your understanding of the terms and conditions of the lawyer's employment with a fee agreement prepared by your lawyer.

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15. Who Should Help Me With My Estate Planning Documents?

Can I Do It Myself?

It is possible for a person to do his or her own estate planning with forms or books obtained at a stationery or book store or from the State Bar. At the least, a review of such forms can be helpful in preparing you for doing estate planning. If you do review such materials and have any unanswered questions, however, you should seek professional help.

Do I Need a Professional To Help?

If you do seek advice, wills and trusts are legal documents which should be prepared only by a qualified lawyer. However, many other professionals and business representatives may become involved in the estate planning process. For example, certified public accountants, life insurance salespersons, bank trust officers, financial planners, personnel managers and pension consultants often participate in the estate planning process. Within their areas of expertise, these professionals can assist you in planning your estate.

The State Bar urges you to seek advice only from professionals who are qualified to give estate planning advice. Many professionals must be licensed by the State of California. Before retaining any professional to assist you with your estate plan, you should inquire about that individual's qualifications. In addition, you should determine whether the professional advisor has any underlying financial incentive to sell you a particular investment, such as an annuity or life insurance policy, because that financial incentive may color the advice given to you. Unfortunately, some sellers of dubious financial products gain the confidence and private financial information of their victims by posing as providers of estate or trust planning services.

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What If I Become Unable to Care for Mysel

If you do not make any arrangements in advance, a court-supervised conservatorship proceeding may be required if you become incapacitated.

Conservatorships are proceedings which allow the court to appoint the person responsible for your care and for the management of your estate if you are unable to do so yourself.

You should, therefore, select the person or persons you wish to care for you and your estate in the event that you become incapable of managing your assets or providing for your own care.

With respect to the management of your assets, the trustee of your living trust will provide the necessary management of those assets held in trust. However, to deal with assets which may not have been transferred to your living trust prior to your incapacity or which you may receive after incapacity, a durable power of attorney for property management should be considered. In such a power, you appoint another individual (the "attorney-in-fact") to make property management decisions on your behalf. The attorney-in-fact manages your assets and functions much as a conservator of your estate would function, but without court supervision. The authority of the attorney-in-fact to manage your assets ceases at your death.

An advanced health care directive/durable power of attorney for health care allows your attorney-in-fact to make health care decisions for you when you can no longer make them yourself. It may also contain statements of wishes concerning such matters as life sustaining treatment and other health care issues and instructions concerning organ donations, disposition of remains, and your funeral.

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When Does Estate Planning Involve Tax Planning?

Estate taxes are imposed upon an estate which has a net value - in 2002 and 2003 - of $1 million or more. Under curent law, that amount will increase to $1.5 million in 2004 and 2005, and to $2 million in 2006 through 2008. For estates which approach or exceed this value, significant estate taxes can be saved by proper estate planning, usually before death and, in the case of married couples, before the death of the first spouse. Estate planning for taxation purposes must take into account not ony estate taxes, but also income, gift, property and generation-skipping taxes as well. Qualified legal advice about taxes should be obtained during the estate planning process.

How Does the Way in Which I Hold Title Make a Difference?

The nature of your assets and how you hold title to those assets is a critical factor in the estate planning process. Before you change title to an asset, you should understand the tax and other consequences of any proposed changed. Your estate planning lawyer will be able to advise you.

Community property and separate property

If you are married, assets earned by either you or your spouse while married and while a resident of California are community property. On the other hand, a married individual may own separate property as a result of assets owned prior to marriage or received by gift or inheritance during marriage. There are significant tax considerations which need to be addressed in the estate planning process with respect to both community property and separate property. There are also significant property interests to consider.

Separate property can be "transmuted" (that is, changed) to community property by a written agreement signed by both spouses and drafted in conformity with California law.

It is important to seek competent legal advice when determining what character your property is and how the property should be titled.

Joint Tenancy Property

Regardless of its source, if a property is held in joint tenancy, it will pass to the surviving joint tenant by operation of law upon the death of the first joint tenant. On the other hand, property held as community property or as tenants in common, will be subject to the will of a deceased owner.

Community property with right to survivorship

Married couples may hold title to their community property in their names as "community property with right of survivorship." Property held in that manner at the death of the first spouse is not affected by that spouse's will, but passes instead to the surviving spouse.

What Are Other Methods of Leaving Property?

A number of assets are transferred at death by beneficiary designation, such as

• Life insurance proceeds
• Qualified or non-qualified retirement plans, including 401 (k) plans and IRAs
• Certain "trustee" bank accounts
• "Transfer on death" (or "TOD") securities accounts
• "Pay on death" (or "POD, assets, a common title on U.S. savings bonds

These beneficiary designations must be carefully coordinated with your overall estate plan. Your will does not govern the distribution of these assets.

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What Is Probate?

Probate is the court-supervised process developed under California law which has as its goal the transfer of your assets at your death to the beneficiaries set forth in your will, and in the manner prescribed by your will. It also provides for the relatively quick determination of valid claims of any creditors who have claims against your assets at your death. At the beginning of a probate administration, a petition is filed with the court, usually by the person or institution named in your will as executor. After notice is given, and a hearing is held, your will is admitted to probate and an executor is appointed. If you die "intestate" (that is, without a will), your estate is still subject to probate court administration and the person appointed by the court to handle your estate is known as the "administrator."

If the assets in your name alone at your death do not include an interest in real estate and have a total value of less than $100,000, then generally the beneficiaries under your will may follow a statutory procedure to effect the transfer of those assets pursuant to your will, subject to your debts and expenses, without a formal court-supervised probate administration.

A probate has advantages and disadvantages. The probate court is accustomed to resolving disputes about the distribution of your assets in a relatively expeditious fashion and in accordance with defined rules. In addition, you are assured that the actions and accountings of your executor will be reviewed and approved by the probate court.

Disadvantages of a probate include its public nature; your estate plan and the value of your assets become a public record. Also, because lawyer's fees and executor's commissions are based upon a statutory fee schedule, the expenses may be greater than the expenses incurred by a comparable estate managed and distributed under a living trust. Time can also be a factor; often distributions can be made pursuant to a living trust more quickly than in a probate proceeding.

The advantages and disadvantages of a probate proceeding should be discussed thoroughly with your estate planning lawyer.

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What Is a Revocable Living Trust?

A revocable living trust is also commonly referred to as a revocable inter vivos trust, a grantor trust or, simply, a living trust. A living trust may be amended or revoked by the person creating it (commonly known as a "trustor," "grantor," or "settlor") at any time during the trustor's lifetime, as long as the trustor is competent.

A trust is a written agreement between the individual creating the trust and the person or institution named to manage the assets held in the trust (the "trustee"). In many cases, it is appropriate for you to be the initial trustee of your living trust, until management assistance is anticipated or required, at which point your trust should designate an individual or bank or trust company to act in your place. The terms of the trust become irrevocable upon the trustor's death. Because the trust contains provisions which provide for the distribution of your assets on and after your death, the trust acts as a substitute for your will, and eliminates the need for the probate of your will with respect to those assets which were held in your living trust at your death.

You should execute a will even if you have a living trust. That will is usually a "pour over" will which provides for the transfer of any assets held in your name at your death to the trustee of your living trust, so that those assets may be distributed in accordance with your wishes as set forth in your living trust.

You should consult with a qualified estate planning lawyer to assist you in the preparation of a living trust, will and other estate planning documents. Further, inasmuch as living trusts are not automatically subject to probate court jurisdiction, the choice of a trustee to manage and control your property is an extremely important decision.

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Who Needs Estate Planning?

Whatever the size of your estate, you should designate the person who, in the event of your incapacity, will have the responsibility for the management of your assets and your care, including the authority to make health care decisions on your behalf. How that is accomplished is discussed below in this pamphlet.

If your estate is small in value, you may focus simply upon who is to receive your assets after your death and who should be in charge of its management and distribution. If your estate is larger, your lawyer will discuss with you not only who is to receive your assets and when, but also various ways to preserve your assets for your beneficiaries and to reduce or postpone the amount of estate tax which otherwise might be payable on your death.

If one does no planning, then California law provides for the court appointment of persons to take responsibility for your personal care and assets. California also provides for the distribution of assets in your name to your heirs pursuant to a set of rules to be followed if you die without a will; this is known as "intestate succession." Contrary to popular myth, if you die without a will, everything does not automatically go to the state. Your relatives, no matter how remote, and in some cases the relatives of your spouse, will have priority in inheritance ahead of the state. Nonetheless, they may not be the people you would want to inherit from you; therefore, a will is the preferable approach.

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What is Involved in Estate Planning?

In starting to consider your estate plan, you should ask yourself the following questions:

• What are my assets and what is their approximate value?
• Whom do I want to receive those assets - and when?
• Who should manage those assets if I cannot, either during my lifetime or after my death?
• Who should have the responsibility for the care of my minor children if I become incapacitated or die?
• If I cannot take care of myself, who should make decisions on my behalf concerning my care and welfare?

With tentative answers to these questions, you are ready to seek the advice and services of a qualified lawyer who will discuss with you the various documents which can comprise your estate plan and will provide advice concerning such issues as title to assets, taxes, and the prudent management of your estate.

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What is Estate Planning?

Estate planning is a process. It involves people - your family, other individuals and in many cases charitable organizations of your choice. It also involves your assets and all the various forms of ownership and title that those assets may take.

As you plan your estate, you will consider:

• How your assets will be managed for your benefit if you are unable to do so
• When certain assets will be transferred to others, either during your lifetime, at your death, or sometime after your death
• To whom those assets will pass

Estate planning also addresses your welfare and needs, planning for your own personal and health care if you are no longer able to care for yourself. Like many people, you may at first think that estate planning is simply the writing of a will. But it encompasses much more. As you will see, estate planning may involve financial, tax, medical and business planning. A will is one part of that planning process, but other documents are needed to fully address your estate planning needs. The purpose of this pamphlet is to summarize the estate planning process and how it can address and meet your goals and objectives.

As you consider it further, you will realize that estate planning is a dynamic process. Just as people and assets and laws change, it may well be necessary to adjust your estate plan every so often to reflect those changes.

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What Is a Living Trust?

The "living trust" described in this brochure is a revocable living trust . It is sometimes referred to as a revocable inter vivos trust , or a grantor trust . A living trust may be amended or revoked by the person creating it (commonly known as a "trustor," "grantor" or "settlor"), at any time during the trustor's lifetime, as long as the trustor is competent.

A trust is a written legal agreement between the individual creating the trust and the person or institution named to manage the assets held in the trust (the "trustee.") In many cases, it is appropriate for you to be the initial trustee of your living trust, until management assistance is anticipated or required.

In a living trust agreement:

• The trustee is given the legal right to manage and control the assets held in the trust.
• The trust provides for the persons or charitable organizations ("beneficiaries") who are to receive the income and principal on or after the trustor's death.
• The trustee is given guidance and certain powers and authority to manage and distribute the trust property in a prudent fashion. The trustee is a "fiduciary." A fiduciary is one who occupies a position of trust and confidence and is subject to strict responsibilities, usually higher standards of performance than one who is dealing with his or her own property. Without the trustor's express written permission, the trustee cannot use trust property for the trustee's own personal use, benefit or self-interest. One must hold the trust property solely for the benefit of the beneficiaries of the trust.

A living trust can be an important part - in many cases, the most important part - of your estate plan

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