Florida Law FAQs

What kinds of situations lead to real estate litigation?

There are all kinds of reasons why people enter into litigation. In terms of real estate, some prime examples include:

• Property issues
• HOA disputes
• Breaches of contract
• Landlord/tenant disputes
• Boundary disputes

Chances are, whatever you can imagine, we can cover it. We cover a wide variety of real estate issues so schedule a consultation today to speak with one of our experienced lawyers.

What Is A Demand Letter?

A demand letter (also called a letter of demand) is a letter that states a legal claim and makes a demand for restitution or the performance of some obligation, due to the recipient’s alleged breach of contract, or in the case of a legal wrong. Although not legally necessary, they are typically sent when someone anticipates a breach to ensure ongoing performance.

• What do I do when I receive one?

If you are on the receiving end of a demand letter, it is best to contact an attorney immediately. You or your business can suffer consequences for failing to respond to a demand letter. In many cases, there is an allotted time frame, so do not wait or sit on the information.

• When do I need a demand letter?

Many people who know they owe you money might be counting on the fact you will not pursue them. This is where a demand letter comes in handy. It tells the owing party you are serious, and your next step is court. Having an attorney help you draft a letter of demand is a good idea if you want to ensure the process runs smoothly.

If I’m Facing Foreclosure, What Options Do I Have?

Many people may not realize that they have options other than foreclosure, like bankruptcy and loan modifications. However, if you wish to sell your property, you can do so on a short sale or deed. Everyone has a different situation, so it’s all about what works best for you.

I Am Looking To Build My Own Office, So Where Do I Start?

Hiring legal counsel before starting any business development is highly recommended. There are a variety of issues you can face that could hinder construction or stop it altogether. That’s why it’s important to be informed of all the legal ramifications prior to breaking ground on your new property.

If you want to build your own office, our firm can assist with services like:

• Zoning laws
• Contract reviews and disputes
• Plan review
• City council
• Change of use
• Boundary disputes
• Water court litigation
• Construction litigation
• Title disputes
• Water rights transfers and acquisitions

If there is something you need that you do not see here, please reach out. We cover a variety of legal services to assist with building your own business.

Is My Online Work Covered By Business Law?

As technology continues to thrive, the online world of work is changing. From customer privacy to sales tax, there are a variety of business laws that apply to the online business world.

Does Business Law Favor The Employer Or The Employee?

The law protects each party equally. As in any situation, business law will likely favor the party that can prove they were wronged. Especially in court cases or litigation.

What Is Gifting?

As our probate professionals will tell you, “gifting” is the act of giving your estate to beneficiaries. This can be with or without conditions.

What Is A Trust?

Although many confuse this with a will, a trust has conditions. It allows people more leverage to make sure the deceased’s wishes are honored. It is common for people to leave money in a trust rather than gifting it at death as it ensures the money is used properly.

Is A Trust Better Than A Will?

Every situation is unique. It can rely on a variety of factors, like if you can depend on designated beneficiaries to fulfill the wishes of the deceased. It’s important to consult an experienced probate lawyer before making any final decisions.

When To Hire An Employment Lawyer?

Workplace legal violations can be difficult because many people may feel helpless to do anything. The fear of losing their job or reputation can often cause stagnation or confusion on what to do. If you are continually placed in an uncomfortable position at work or you feel you are being forced to work without wages, it may be time to hire an employment lawyer.

Lopez Law Firm is here to actively listen to clients and provide a legal solution that can address your employment issues head-on. There are a variety of instances in which you may need our assistance, such as:

You have been promoted to a position without a change in pay.

If you suddenly have the title of “Manager” or “Supervisor” and stop receiving overtime, your workplace could be playing bait-and-switch with you. Perhaps they feel the title alone is worth your free extra hours, but that’s against the law. In this case, you should contact an employment lawyer immediately.

You are working 9 hour days but only receiving your regular hourly wage.

If you are working more than 40 hours a week, you must be compensated. Overtime equates to time and a half of your hourly wage. Just because the management needs you to stay, it doesn’t mean you must do so for free. In this case, knowing your rights as an employee is vital to defending yourself.

You are signed on as an independent contractor but are treated as an employee.

If your employer chooses to hire you as a freelancer, they cannot demand a certain schedule of you (unless it is in the contract). If you suspect you have been hired as a contractor so your employer can avoid paying you the proper wage, you probably have a good case with employment law.

You have been sexually harassed or made to feel uncomfortable in any way.

Unwanted sexual advances, inappropriate touching, and requests for sexual favors are all reasons to run to an employment lawyer. The current climate of sexual harassment in the workplace is charged and you deserve defense in any situation that could be labeled as such.

If you feel you are owed unpaid wages or are continually placed in an uncomfortable position in the workplace, contact us for a consultation today. We’ll make sure your legal employment issues are resolved quickly.

Personal Injury Law FAQ

Do I need an attorney for an auto accident?

While you do not necessarily need an attorney to pursue an auto accident claim, you may be better off hiring one. On average, a person who tries to represent themselves gets about one third of the settlement compared to someone who does hire an attorney. In addition, if you are forced to file a lawsuit with the court, the rules of civil procedure can be very confusing to someone who has no legal training, and at that point you would want to get an experienced attorney involved.

How much does a personal injury attorney cost?

As the client, you do no pay anything upfront. Unlike other areas of law where the client is billed hourly or pays a retainer, in personal injury attorneys work on what is called a contingency fee. This means that the attorney takes a percentage of the settlement, and their fee is contingent on a settlement being reached. If the case does not settle, the attorney does not take a fee for their services. Typically this contingency fee is one third of the settlement amount.

How long does a personal injury case last?

It all depends on the unique facts of each case. If you have a case where the injuries are relatively minor and no lawsuit is filed, you should have the case resolved well within one year. If on the other hand your case is one which requires you to have surgery or you end up having to file a lawsuit, the case can go for multiple years. Your attorney should keep you appraised of any developments in your case and you should always have a general idea of when your case is expected to settle. After settlement, it can take a few months to close out and pay any bills you may have and for you to receive your money.

Is there a statute of limitations on personal injury cases?

A statute of limitations is the amount of time from the date of the accident to file a lawsuit. In Florida, you have 4 years from the date of loss to bring a claim in a car accident case. This means that if you had a car accident 5 years ago and decide to bring a claim now, you would be barred from doing so. The accident happened too long ago and you, unfortunately, have no recourse at this point. Statute of limitations are in place to make sure that someone does not have liability forever. If there were no statute of limitations, anyone could be subject to a lawsuit for the remainder of their lives for any wrongs they may have committed, and society had deemed that unfair.

What is a typical settlement on a personal injury case?

Everyone sees the billboards which show advertisements for settlements in the millions of dollars. This should not be the expectation when deciding to pursue an auto accident case. In fact, an overwhelming majority of cases settle for less than $50,000. It all depends on the unique facts of your case and your injuries. Any attorney who promises to get you millions of dollars is doing an injustice. Always be skeptical and ask questions about expected settlement range. If you need surgery and require extensive treatment, your settlement will be more than someone who simply needed chiropractic care and an injection. A lot of people are unaware that the case is limited in value by the limits of the insurance policy. When someone hits you, you go after the insurance policy they have in place on that vehicle. They could haven policy, or they could have a very large policy. Understanding what the limits are and what you are able to recover is important.

Can I pursue a claim if the person who hit me had no insurance?

You can still pursue a claim but you must have an insurance policy in place for yourself or you have to sue the other driver individually. If you have underinsured motorist on your insurance policy, that will step in place of the bodily injury policy and help take care of your bills. You might think that because it is your insurance policy that you pay for every month that you will not have to negotiate in order to get paid, that couldn’t be further from the truth. Your insurance company will negotiate with you as well as far as what they are willing to give for your injuries, and you will need to hire an attorney to go after them for your compensation.

What is PIP or Personal Injury Protection?

PIP or personal injury protection is what you will receive if you are in an accident in Florida. If you are involved in a motor vehicle accident, regardless of whether or not you were at fault, your first $10,000.00 will be paid through PIP. You must, however, treat within the first 14 days in order to get PIP benefits. Often times, PIP benefits will be able to pay for a visit to the hospital or treatment with a chiropractor for a short amount of time. The goal behind PIP is to ensure that everyone gets the medical care they need following an accident even if they do not have any health insurance. Your auto insurance carrier will take care of those initial bills if you meet certain criteria.