November 14, 2022
If you’ve been injured in any circumstances or accident that wasn’t your fault, you may wonder what the process looks like for filing a Florida personal injury claim. Though every case is different, there are some general steps that most claimants will go through.
Florida Personal Injury Claims: An Overview
A personal injury claim is a legal action that can be filed when someone has suffered an injury due to another person’s negligence. The first step in this process is to file your claim with the appropriate insurance company or individual responsible for compensating you. Once you have done this, your insurer or the other party’s insurer will typically begin to gather evidence and contact witnesses.
Here’s a brief look into the process:
Investigation and Evidence-Gathering
After you file your claim, the first thing that will happen is that the insurance company will open an investigation. The insurance adjuster assigned to your case will likely contact you to get your side of the story and ask for any evidence you may have to support your claims. This may include photos or videos of the accident scene, medical records, and witness statements.
It’s important to be cooperative during this process and aware that anything you say could be used against you, so it’s best not to give a recorded testimony without first speaking to an attorney.
The Discovery Process
Once the investigation is complete, the discovery process will begin. This is when each party seeks out evidence from the other side that could help their case. For example, the defense might request medical records before the accident to try and show that your injuries were pre-existing. The discovery process can be lengthy, so it’s essential to be patient and to continue working with your attorney throughout this phase.
Mediation
The court may order mediation if both sides cannot agree during the discovery process. Mediation is a meeting between the parties (with their attorneys present) and a neutral mediator who will try to help them reach a settlement agreement. If mediation is unsuccessful, the case will proceed to trial.
Trial
If your case goes to trial, both sides will present their evidence and argue their positions before a judge or jury board, who will then decide on a verdict. If you receive a favorable ruling, the other side must pay damages following the verdict. However, if you lose at trial, you may still be able to appeal the decision.
Conclusion
No two personal injury cases are exactly alike, but there are some general steps that most claimants in Florida will go through after filing their claim. Filling a Florida personal injury case can be long and arduous, but with the help of a qualified attorney, you can make it through. If you’ve been faced with an accident that wasn’t your fault, don’t hesitate to reach out for help.
If you require legal assistance, the attorneys at Dorsey Law JAX are here to help. We specialize in family, criminal, and personal injury cases and have a proven track record of success. Contact us today for a legal consultation, and let us help you get started on your road to justice.
November 4, 2022
Divorce is difficult on everyone involved, but sometimes people don’t handle it as well as they could. It’s understandable if a divorce makes someone act differently, but both parties should still be honest and respectful.
Some people might engage in dishonest conduct during a divorce by hiding or failing to disclose assets. There are reasons why someone might do this, such as wanting to get more out of the divorce or financially harming their ex.
Concealing assets during a divorce is illegal because it goes against the mandatory disclosure requirements. When a divorce begins, both spouses must share financial information, like bank statements, pay stubs, deeds, tax returns, etc. They are also required to file a financial affidavit, which under the penalty of perjury, attests to information such as a spouse’s assets, debts, income, and expenses.
If your spouse is hiding assets during your divorce, it can create serious legal problems. You may not be able to get a fair share of the assets if your spouse is not disclosing everything. It is important to consult with a family attorney if you think your spouse is hiding assets.
Read on to find out more about this complexity during a divorce:
Signs Your Spouse Could Be Hiding Assets from You
If you notice any of these signs, it’s important to speak with your attorney about what to do next:
- Your spouse is suddenly very protective of their financial information.
- Your spouse starts making large, unexplained withdrawals from joint accounts.
- Your spouse starts making large purchases without your knowledge.
- Your spouse starts transferring assets to a trust.
What You Can Do If You Have Reason to Believe Your Spouse Is Hiding Assets
If you suspect your spouse is hiding assets, there are a few things you can do to investigate. First, check for unusual activity in your joint bank accounts or credit cards. If you see any large withdrawals or transfers, you don’t recognize, this could signify that your spouse is trying to hide money.
Next, take a look at your joint tax returns. If you notice any discrepancies between what you reported and what your spouse reported, this could be another sign that assets are being hidden. Finally, you can ask your spouse about any assets you suspect they are hiding. If your spouse is unwilling to discuss the issue or is evasive in their answers, this could signify that there is something to hide.
If you believe your spouse is hiding assets, it’s vital to take action to protect your interests. You may want to consult with a lawyer to discuss your options and to help you gather evidence to support your case. Taking steps to uncover hidden assets can be complex and time-consuming, but it’s essential to do what you can to protect your financial interests.
Conclusion
Discovering that your spouse is hiding assets during your divorce can be devastating. This can lead to several problems, including a lack of financial stability and a feeling of betrayal. If you suspect that your spouse is hiding assets, you must speak to a divorce lawyer who can help you investigate the matter.
Dorsey Law JAX offers you the services of reliable Jacksonville family attorneys who can help you with your divorce, especially if you’re dealing with complications like a spouse hiding assets. Schedule your legal consultation with Dorsey Law JAX today!
October 21, 2022
In Florida, unmarried parents have the same custody rights as married parents. However, there are some key differences that unmarried parents should be aware of regarding custody laws in Florida.
First, unmarried parents will need to establish paternity before seeking any custody arrangement. It can be done through a voluntary acknowledgment of paternity or DNA testing. Once paternity has been established, the next step is to create a parenting plan.
A parenting plan is a document that outlines how the child will be raised, who will make decisions on behalf of the child, and how parenting time will be divided between the parents. Parenting plans are not legally binding, but they can help establish a custody arrangement that works for both parents.
Once a parenting plan has been created, the next step is to file a petition with the court. The court will then review the parenting plan and decide on custody. If the parents cannot agree on a custody arrangement, the court will decide based on the child’s best interests.
It is important to note that custody laws in Florida are constantly changing. As such, you must consult an experienced attorney to ensure you are up-to-date on the latest changes.
Determining the Custody
While unmarried parents have the same rights and responsibilities as married parents when it comes to child custody and visitation, if the parents cannot agree on a parenting plan, the court will make the decision based on what is in the child’s best interests.
There are a few factors that the court will consider when deciding on child custody, including:
- The ability of each parent to provide a stable and loving home
- The child’s relationship with each parent and other family members
- The child’s preference (if the child is old enough to express a preference)
- The child’s adjustment to their home, school, and community
- The mental and physical health of each parent
- Any history of domestic violence or substance abuse
- The ability of each parent to encourage a relationship between the child and the other parent
- The distance between the homes of the two parents
- The work schedules of each parent
- The age and developmental needs of the child and any special needs
The court will also consider other factors relevant to the child’s best interests, such as:
- The child’s age
- The child’s health
- The child’s emotional needs
- The parents’ drug and alcohol use
- The parents’ criminal history
- Any domestic violence or child abuse in the home
Suppose you are an unmarried parent in Florida seeking child custody or visitation. In that case, you must consult with an experienced family law attorney who can help you understand your rights and options.
Conclusion
Unmarried parents in Florida have the same custody rights as married parents. They can have joint legal and physical custody, or one parent can have sole custody. To determine custody, the court will consider what is in the child’s best interests. That includes factors such as the child’s age, health, and relationship with each parent.
If you find yourself in this situation and need to determine child custody in Florida, Dorsey Law JAX can help. Our experienced and knowledgeable attorneys will provide you with the best possible representation, ensuring your rights are protected at every step. Contact us today to schedule a consultation.
