FAQ
The following questions are answered in generalities and may not necessarily apply to a particular set of facts. Since the law is continually changing, some information may no longer be applicable. It is always best to consult an attorney about your legal rights regarding your particular case.
- What steps should I take if I have been in an automobile accident?
- What if I believe that a vehicle or tire defect contributed to the accident or caused my injuries to be more severe than reasonably expected?
- What if safety equipment failed and caused my injury? Do I need to preserve the entire vehicle?
- Who pays to repair the damage to my vehicle?
- Do I have a personal injury case against the other driver?
- Will I have to file a lawsuit to recover the costs of my damages?
- What will it cost to retain your firm to bring a personal injury case on my behalf?
- What is my case worth?
- What amount of automobile insurance coverage is required in Florida?
- What is Personal Injury Protection or PIP (also called no-fault coverage)?
- Does it matter if the accident occurs in Florida or out of state?
- Does PIP cover me while riding a motorcycle?
- What if my insurance company refuses to pay my bills and lost wages in a timely matter?
- What other types of optional insurance coverage are available?
- What is underinsured/uninsured (UM) coverage?
- What would you recommend for automobile/motorcycle insurance?
- What do I choose: Stacked or Non-stacked UM?
CRIMINAL CASES FAQ
- What is bail or bond?
- My loved one has been arrested, so how long before he or she can be bonded out?
- How soon after someone is arrested will he or she be seen by a judge?
- How soon after arrest must the State Attorney file formal charges?
- I have been released on bond; what happens next?
- What happens at the pretrial conference and trial?
- How soon after my arrest must I be brought to trial?
- What plea should I enter in my case?
- What happens to a first time offender with no prior criminal history?
- What if my case is related to a substance abuse problem?
- If I do not want to go to trial, how will I know what penalties to expect?
- Do I automatically qualify for probation rather than a jail sentence if I have never been in trouble with the law?
- How will my attorney prepare my case for trial?
- What is a jury trial?
- What potential penalties can I face if I elect to proceed to a jury trial?
- How long do I have to appeal my sentence and what can I appeal?
- How are juvenile proceedings different than adult court?
- What happens to someone arrested in Florida on a warrant from another state?
What steps should I take if I have been in an automobile accident?
Call the police to report the accident and make sure you keep a copy of any paperwork given to you by the police officer at the scene of the accident. If you are injured, seek medical treatment immediately. If possible, write down names, addresses and phone numbers of any witnesses in case you need to contact them later. Call your insurance company and agent immediately and notify them about the accident. If you do not report the accident to your insurance company, the insurer may deny payment of your claim. Make sure that there are photographs of your injury and the damaged vehicle. Finally, you may want to consult with an attorney if you have questions about your legal rights.
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What if I believe that a vehicle or tire defect contributed to the accident or caused my injuries to be more severe than reasonably expected?
If there is any chance that your vehicle or tire was defective and was the cause of significant injury or death then the entire vehicle, any other vehicles involved, and the accident scene must be preserved as evidence in a product liability case. It is essential that as soon as possible after the accident that an expert document the accident scene by surveying/measuring and photographing the entire area including skid marks, location of accident debris, trip/yaw/roll marks on the pavement/road shoulder, location of impact(s) and final vehicle rest.
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What if safety equipment failed and caused my injury? Do I need to preserve the entire vehicle?
Yes. Even if you had a defect with a seat/seatbelt failure, or a defective helmet, the entire vehicle or vehicles should be preserved. This is true because the condition of the vehicle, such as the amount of crush, can be measured to determine the amount of force involved in the accident (Delta-V or change in velocity). If you have a case involving airbag deployment or non-deployment the entire vehicle must be preserved because the sensors that trigger an airbag are located in the vehicle along with the vehicle data recorder or “black box”.
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Who pays to repair the damage to my vehicle?
If you are at fault for the accident and you have collision coverage, then your insurance company pays for the repairs (less your policy's deductible). You are responsible for paying the deductible amount, if any. If the damage to your vehicle is a result of the error or negligence of someone else, then their insurance company is responsible for paying the full amount of the repair costs. Even when the other driver is at fault, his or her insurance company may deny responsibility or deny that its insured is at fault. In this situation, you may have to submit the claim to your own insurance company and pay your deductible. If it is later determined that the other driver was at fault, then his or her insurance company would be responsible to reimburse you for your deductible.
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Do I have a personal injury case against the other driver?
Questions often arise after a motor vehicle accident, such as "Who is responsible for my damages", "What are my rights?", and "Do I have a case?". It’s best to consult with an experienced and licensed attorney to get specific answers to these questions. Generally, it depends on whether or not the other driver was at fault for the accident and whether the accident caused your damages. Damages typically include the amount of your past medical bills, the amount of future medical bills, past lost wages, loss of earning capacity in the future, and pain and suffering if your injury is permanent.
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Will I have to file a lawsuit to recover the costs of my damages?
Possibly, but many cases do settle prior to a lawsuit ever being filed. In the past several years, however, many insurance companies have begun to aggressively defend these types of claims. In any event, we will ensure that the client is advised about all options and provide the client with all the necessary information and guidance to make an informed and knowing decision about whether to settle or file suit.
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What will it cost to retain your firm to bring a personal injury case on my behalf?
The Florida Bar has approved a contingency fee contract that is utilized by our attorneys. If there is no recovery, there will be no cost or attorney fees whatsoever to you. If there is a recovery, our fee will be based upon a percentage of the recovery and reimbursement for our costs.
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What is my case worth?
Because the facts of each case are unique, there isn’t a formula to determine exactly how much a case is worth. However, based upon our experience, we can generally advise you as to the range of value of your case once the attorney is able to get all the medical records and evaluate the amount of your past medical bills, the amount of future medical bills, past lost wages, loss of earning capacity in the future, and the degree of pain and suffering, if any.
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What amount of automobile insurance coverage is required in Florida?
If you own a motor vehicle in Florida, you are required by law to carry a minimum of $10,000 of personal injury protection (PIP) coverage and $10,000 of property damage liability (PDL) coverage. Florida law also requires part-time or seasonal residents living in Florida at least 90 days of the year to carry PIP and PDL.
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What is Personal Injury Protection or PIP (also called no-fault coverage)?
If you are in an automobile accident, PIP covers you up to the limits of your policy, regardless of who is at fault. Typically, PIP pays 80 percent of medically necessary expenses, 60 percent of lost wages, 100 percent of replacement services (such as child care, housekeeping or yard work), and $5,000 for death benefits. For accidents occurring in Florida, PIP covers you and members of your household, certain passengers who are not required to carry their own PIP, and certain licensed drivers who drive your vehicle with your permission. Someone who is a passenger in your vehicle who has their own PIP coverage should receive benefits from their own insurance company. Your PIP will cover a person injured in your vehicle who otherwise does not have access to PIP or does not own their own vehicle.
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Does it matter if the accident occurs in Florida or out of state?
In Florida, PIP coverage protects you while in your own or someone else’s vehicle. It also protects you as a pedestrian or bicyclist if you suffer an injury in an accident involving contact with a motor vehicle. For accidents occurring out of state, PIP only covers you and other members of your household for accidents occurring while driving or riding in your own vehicle.
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Does PIP cover me while riding a motorcycle?
No. Florida law specifically excludes motorcycles from coverage under PIP. Motorcycle insurance requirements are covered under Florida Statute 316.211 which requires motorcyclists to wear a helmet that complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the U.S. Department of Transportation unless they are over 21 and covered by at least $10,000 in medical benefits for injuries caused by a motorcycle accident.
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What if my insurance company refuses to pay my bills and lost wages in a timely matter?
Medical benefits are required to be paid within 30 days of the insurance company’s receipt of the bill and lost wages should be paid every two weeks. Sometimes insurance companies fail to pay PIP benefits within the time period prescribed by law. On some occasions, it is just an oversight or mistake made by the insurance company. In other cases, the insurance company intentionally refuses to pay benefits or denies that you have any PIP coverage at all. In any of these situations, it may be necessary to file a lawsuit to secure payment of the PIP benefits you are lawfully due. If you have questions about a denial or reduction of PIP benefits, you may need to seek the advice of an attorney familiar with this area of the law. If an attorney has to file a lawsuit to obtain payment of the benefits, and subsequently wins the lawsuit, the attorney will be entitled to recover attorney fees and costs from the insurance company.
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What other types of optional insurance coverage are available?
Many drivers purchase additional insurance coverage, such as bodily injury liability, collision, comprehensive, uninsured motorist, medical payments, towing, rental reimbursement, and accidental death and dismemberment. Although these types of coverage offer more protection, you are not required by law to have these additional types of coverage. However, if you lease your vehicle, or if required by your lender, you may have to obtain these additional coverages. To protect yourself from uninsured drivers, it’s a good idea to have collision coverage that will pay for damages to your vehicle and underinsured/uninsured motorist coverage if you are injured because of the accident.
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What is underinsured/uninsured (UM) coverage?
Bodily injury liability coverage, mentioned above, pays for serious and permanent injury or death to others when you cause an accident involving your automobile. Because many drivers do not have bodily injury liability coverage, it’s a good idea to purchase UM coverage. UM coverage will pay for bodily injuries to you, your family members and any other person occupying your covered automobile, should they be injured in an accident caused by the negligence of another. UM coverage pays in cases where the at-fault party has no liability insurance, where the at-fault party doesn’t have enough liability coverage to adequately pay for the damage incurred, or when the injuries result from a hit-and-run vehicle.
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What would you recommend for automobile/motorcycle insurance?
Florida does not require its motorists to carry BI (bodily injury liability) coverage. By definition owners/drivers with state minimum coverage are uninsured for injures they cause to other drivers. Most states require motorists to carry a minimum level of BI coverage. As an example, Georgia and South Carolina require $25,000 BI. This puts Florida in the embarrassing position of protecting property more than people.
What this means for you is that you must protect yourself and your family by ensuring that you carry UM coverage. Not only are a large portion of Florida drivers uninsured, but those drivers carrying only the state mandated minimum coverage do not carry insurance coverage if they cause bodily injury.
In order to get UM coverage, you must carry BI liability coverage. You cannot carry more UM coverage than your BI limits, but you may choose lower limits. UM coverage is relatively less expensive compared to BI liability coverage and it is the most important coverage you can carry on your automobile policy.
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What do I choose: Stacked or Non-stacked UM?
There are two types of UM coverage available: “stacked” and “non-stacked.” “Stacked” coverage is slightly more expensive but the benefits it provides over “non-stacked” are enormous. The basis of “non-stacked” UM are as follows:
- The maximum recoverable amount never exceeds the limit on one vehicle. Example: 100/300 “non-stacked” provides $100,000 for a limit, where “stacked” 100/300 with 3 vehicles would provide coverage of 100/300 times 3 or 300/900 with $300,000 for a per person limit.
- A policy does not provide coverage for injury in any vehicle owned by the named insured or a family member unless it is insured for UM under that same policy. (“Stacked” includes coverage on owned-but-not-insured autos; “non-stacked” does not.)
- A named insured’s or family member’s maximum recovery, for injuries while occupying non-owned vehicles or while not occupying a vehicle, is the limit applicable to any one vehicle insured by the named insured or family member.
- If injury to a named insured or family member occurs in a non-owned vehicle, coverage under their own policies is excess.
Suffice it to say when choosing UM coverage, elect “stacked” coverage in the highest amount you can afford. One situation in particular that shows how much better stacked coverage is versus non-stacked UM occurs when a motorcycle rider carries no motorcycle insurance, but has stacked UM on his automobiles. With stacked UM the rider is covered on his motorcycle, with non-stacked UM there is no coverage for the motorcycle.
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CRIMINAL CASES FAQ
The following questions are answered in generalities based on current Florida law. This information may not necessarily apply to a particular set of facts. Since the law is continually changing and varies from one jurisdiction to the next, some information may not be applicable to you. It is always best to consult an attorney about your legal rights and responsibilities regarding your particular case.
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What is bail or bond?
Bail or bond is designed to ensure that you will appear for your scheduled court dates. Individuals arrested for crimes carrying a penalty of either life imprisonment or death are not entitled to a bond as a matter of right. These offenses may include, but are not limited to, sexual battery or rape, burglary, armed robbery and murder. Other factors which affect the amount of bond are your ties to the community, employment status, whether you have been released on bond previously, and whether you have a prior criminal record.
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My loved one has been arrested, so how long before he or she can be bonded out?
Individuals arrested will be taken to the booking facility in the local jail and processed before they can post bail. Depending on the severity of the offense and the particular day of the week, they should be eligible for release within several hours of the arrest. Each county has a “bail or bond schedule”, which sets the amount for the various offenses. Persons arrested for DUI must be held for a minimum of 8 hours before being eligible for release. Arrests resulting from domestic violence must be approved for release by an initial appearance judge the following day before being released on bail. For serious, violent felonies such as first-degree felonies punishable by life in prison, which do not qualify for bail under the bond schedule, the first appearance judge will make a determination on the issue of bail.
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How soon after someone is arrested will he or she be seen by a judge?
The first appearance or initial appearance usually takes place within 24 hours of the arrest. At first appearance, a judge will make a determination as to whether probable cause exists to continue to hold the accused. Additionally, the judge will decide whether to reduce or increase the amount of the bond. The judge’s decision will depend on the facts as stated in the police report and the prior criminal history of the person arrested.
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How soon after arrest must the State Attorney file formal charges?
If a person accused of a crime is being held in jail, the prosecutor must file formal charges within 30 days of the arrest. If the State Attorney fails to file charges within 30 days, the court shall order the defendant be released on the 33rd day unless the State files formal charges by that date. On rare occasions, the prosecutor will ask for an additional 7 days to file formal charges but they must show good cause for the extension.
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I have been released on bond; what happens next?
After first appearance or upon release, the Clerk of the Court will schedule an arraignment in your case within the next 20 to 30 days. The arraignment is not a trial and the judge will usually advise the defendant of the charges filed against him or her by the State Attorney. The judge will also want to know if you will hire your own attorney or if you qualify for the appointment of an attorney from the Public Defender’s office. If you hire an attorney prior to arraignment, the attorney can usually file paperwork, waive your appearance at the hearing, and enter a Not Guilty plea for you. Following arraignment, the judge will schedule your case for a pretrial conference and a date for your trial.
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What happens at the pretrial conference and trial?
The pretrial conference is usually a scheduling conference with the judge and the prosecutor. The court will usually ask your lawyer and the prosecutor how the case is progressing and whether your case will be a trial or a plea. This conference also allows your attorney to point out weaknesses or deficiencies in the prosecutor’s case and for negotiation on an outcome of your case. If your attorney cannot work out a negotiated plea that is acceptable to the client, the case will be scheduled for trial.
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How soon after my arrest must I be brought to trial?
Generally, persons charged with misdemeanors without formally demanding a speedy trial must be brought to trial within 90 days and those charged with a felony must be brought to trial within 175 days. There are provisions in the criminal procedure rules which can shorten these time periods.
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What plea should I enter in my case?
The law presumes you are innocent until proven guilty beyond a reasonable doubt by the government. You can plead not guilty, guilty or nolo contendre (no contest). If you decide to take your case to trial, you will maintain your not guilty plea. If you decide to give up your right to trial and enter into a negotiated plea bargain, you may enter a plea of guilty or a no contest plea. A no contest plea generally has the same effect as a guilty plea, even though you are not technically admitting guilt.
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What happens to a first time offender with no prior criminal history?
Some jurisdictions have pretrial intervention programs for first-time offenders. Usually, these programs require the approval of the alleged victim, prosecutor, judge and sometimes the arresting officer. If you have no prior record and are not charged with a violent crime, ask your attorney about the possibility of entry into this kind of program.
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What if my case is related to a substance abuse problem?
Some jurisdictions have a drug court program that offers specialized drug and alcohol counseling as an alternative to jail.
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If I do not want to go to trial, how will I know what penalties to expect?
The vast majority of criminal prosecutions do not proceed to trial. Typically, your attorney will negotiate with the prosecutor or “plea bargain”. Negotiations can result in a reduction of the charges against you or a dismissal of some charges in exchange for a guilty plea on the other charges. A negotiated plea can only be entered with your approval, but the judge is not required to accept the plea agreement.
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Do I automatically qualify for probation rather than a jail sentence if I have never been in trouble with the law?
Even for first time offenders, receiving probation versus jail time is not automatic. Your attorney’s ability to negotiate a resolution to the case without going to trial depends on the facts and the degree and level of your charge. The law does not require that a judge sentence you to jail time for any misdemeanor with the exception of repeat offenders of Driving Under the Influence of Alcohol or Controlled Substances. Felony offenses are governed by the Criminal Punishment Code and the Sentencing Guidelines Scoresheet. The degree and level of the charge dictates how many points are going to be scored on your scoresheet and if you score above a certain number, the judge must sentence you to state prison. If your points fall short of the designated number, you will quality for probation. The job of your attorney will be to negotiate for a lesser felony or a dismissal of the more serious count so that your total points will fall below the mandatory prison sanction. Judges now have the authority to sentence felony offenders to any term of incarceration up to the statutory maximum.
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How will my attorney prepare my case for trial?
Your attorney will file discovery motions to obtain police reports, witness statements, witness lists, expert reports and all other important facts regarding your case. After reviewing the documents, your attorney may take depositions of state witnesses under oath. After investigating your case, your attorney may file certain motions, which relate to legal issues such as Motion to Suppress Evidence resulting from violation of your Fourth Amendment rights or Motion in Limine to exclude overly prejudicial or irrelevant evidence. Once the preparation of your case is complete, your attorney will update you on all the facts and explain available defenses as well as legal options.
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What is a jury trial?
The first step in a jury trial is the selection of a jury to act as fact finders in your case. The judge presides over the courtroom proceedings and 6 members from the jury pool are selected to hear your case. These jurors determine whether the prosecutor has proved the elements of the crime beyond a reasonable doubt. Following jury selection, each side has the option of making an opening statement telling the jury what the facts will show. The prosecution then presents their witnesses and evidence and your attorney can cross-examine these witnesses and evidence. At the close of the state’s case, your attorney will move the court to dismiss the case for lack of evidence. If this motion is denied, your attorney may present any defense witnesses or evidence to refute the prosecutor’s case. Both sides will make closing arguments to the jury and the judge will charge them on the laws and rules applicable to your case. The judge may also offer to the jury lesser included offenses which carry less severe penalties than the offense charged. The jury then goes into the jury room and deliberates your fate. The members of the jury must reach a unanimous verdict.
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What potential penalties can I face if I elect to proceed to a jury trial?
In Florida, crimes are categorized into categories of misdemeanors and felonies. Misdemeanors are divided into second-degree and first-degree crimes. Second-degree misdemeanors are punishable up to 60 days in the county jail or 6 months probation or a combination thereof and a maximum $500 fine. First-degree misdemeanors are punishable up to 1 year in the county jail or one year of probation or a combination of the two not to exceed 1 year and $1,000 fine. Felony offenses are divided into three categories by degree and level. A third-degree felony is punishable up to 5 years in state prison or 5 years probation or a combination not to exceed 5 years and a maximum fine of $5,000. A felony of the second degree is punishable up to a maximum of a combination of 15 years of prison or probation and $10,000 fine while a first-degree felony raises the potential penalties to 30 years in prison or probation and $10,000 fine. All felony offenses require the court to complete a Sentencing Guideline Scoresheet, which assigns points according to the level of the felony charge. Typically, the higher the number of points you score, the higher your sentence.
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How long do I have to appeal my sentence and what can I appeal?
If you are convicted and want to appeal your case, you must do so, in writing, within 30 days after sentencing. Usually, you have no right to an appeal from a plea of guilty or no contest if the sentence you receive is a legal one. An appeal will only help you if the judge did not follow the law, or if you were prevented from properly exercising all your rights.
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How are juvenile proceedings different than adult court?
If you are under 18 years of age, the case will be referred to juvenile court. Most of the procedures are similar to adult court but with different titles. Juveniles are held in detention facilities apart from adults. Juveniles may be tried as adults under certain circumstances depending on the prior record and the seriousness of the charge. Juveniles placed under arrest may be released to the parents, placed on home detention or held in secure detention. Juveniles held in secure detention must be brought to trial within 21 days of arrest. The trial, which is called an adjudicatory hearing, will be heard and decided by the judge. Juveniles do not have the right to a jury trial unless they request to be tried as an adult. The sentencing is called a disposition hearing and the judge could commit the juvenile to the Department of Juvenile Justice, place the juvenile on probation or order the juvenile to participate in a community control program.
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What happens to someone arrested in Florida on a warrant from another state?
If you are arrested on an out-of-state warrant and you want to fight extradition, you can be held in a Florida jail for 30 days. The governor of the demanding state must request the governor of Florida to sign a warrant for your surrender. A Florida judge has discretion to release you on bail until a hearing is scheduled as long as you are not charged with an offense punishable by life imprisonment or death. If the state that issued the warrant does not pick you up within that time, the judge can either release you or continue to keep you in jail for an additional 60 days. If you waive extradition and agree to return to the other state, they will usually arrange for your transport within 10 days.