Managing disagreements is often part of doing business. When things are going well, situations can be handled through compromise and ongoing communication. But, of course, there are times when communication will not settle an issue and you need to assert your legal rights. This could be true for you if someone you have been doing business with has broken a contract. If you believe you are in a breach of contract situation, talk to a Tampa business & corporate law attorney.

Timing is important, there are time limits on defending and enforcing your rights during a contractual dispute. Sometimes court is required when losses have been significant and in the state of Florida you only have five years from the breach date to file suit. This five year period is referred to as the statute of limitations, it is rare to have this deadline extended. Getting started as soon as possible could help you secure the outcome you are seeking.

Material and Anticipatory Breaches

Not all contract breaches are the same. Some come with no or minimal loss while others severely harm a business. Once you bring the details of your case to the attention of an experienced business lawyer, they will inform you of the type of breach you experienced and how you could be compensated for your loss.

• Material breach. If the point of the contract was breached, it could be considered a material breach. These breaches essentially mean the reason for the agreement, or objective, has been destroyed. So if one party fails to follow the terms of the contract, it is broken and the purpose of the original contract is defeated.
• Anticipatory breach. Often a contract will include a set of events, transactions for example. If all of the transactions can’t be met, it could result in an anticipatory breach. Retractions are possible if the non-breaching party was not depending on items or services by the date set.

Looking into the type of breach is important as it can have an impact on next steps. For instance, if you are experiencing an anticipatory breach, you could move forward with legal action immediately or give the other party time to catch up with the terms of the contract.

Discuss Contract Law with an Attorney

When you have questions about contract law or other legal business concerns, bring your inquiries to the attention of a Tampa business & corporate law attorney. Working with a seasoned lawyer means you will have a professional on your side who is up to date in Florida business laws and knows how to protect your business from loss.

Is your business suffering because of a contractual breach? You need a legal professional on your side. Sometimes a compromise can be reached through negotiation, but in other situations courtroom appearances are required. Share your preferred outcome with the compassionate and aggressive legal team at HD Law Partners. Then, our lawyers can get to work, protecting your business from contract breaches and loss due to illegal behavior. When you are ready to get started, call 813-964-7878 to schedule a free consultation.

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If you own and run a successful business, you likely have intangible assets that you need to retain in order for you and your team to thrive, such as intellectual property. After all, you may have company secrets connected to how your product is made. There are covenants in place along with protections under the state of Florida’s uniform trade secret act, which shields confidential secrets from theft.

Legal action is possible if your trade secrets were stolen by employees, customers, vendors, or another individual or party. Talk to a Tampa business & corporate law attorney about next steps.

There Are Ways to Hold Liable People Accountable

Seeking monetary recovery is possible if trade secrets have been stolen, but the business owner who had information misappropriated needs to prove there was fault. The process can become likely as the defendant will probably take steps to evade responsibility once they are accused as well.

In order to hold a person liable, they must have acquired confidential information illegally or used illegally gathered information without proper permission. It is the responsibility of the plaintiff to prove that the individual who stole the trade secrets knew the information was illegally acquired or they were aware of protection policies that were in place to keep the information confidential. Often the person who misappropriated trade secrets was an employee or vendor who had a legal responsibility to keep information confidential as well.

Examples of Possible Defenses Strategies

There are ways that defendants fight back when a business moves to secure monetary damages for trade secret thefts. They could use any of the following defenses:

• Proving the data is actually not a trade secret.
• While it was confidential, the information is now public domain.
• Businesses did not take the proper steps to protect their confidential information.

Because a defense strategy could be suggesting the plaintiff did not do what they should have to protect their secrets, intellectual property cases can be complicated and clear evidence is needed to prove a defendant knowingly took and used information that was an intangible asset, a property of the business.

Connect with a Business Lawyer You Can Trust

If you believe a customer, employee, or vendor has misappropriated your trade secrets or if you have been accused of stealing international property, you need to connect with a Tampa business & corporate law attorney. You do not need to learn the ins and outs of Florida business law. Instead, lean on a legal professional you can trust.

Do you have questions about intellectual property and legal steps to shied trade secrets? Business disputes can be settled through legal action. If your business is at risk because someone stole or used confidential information of yours, do what you can to protect yourself, your rights, your business, and your assets. To learn what options you have, reach out to the compassionate and aggressive legal team at HD Law Partners to help. When you are ready to get started, call 813-964-7878 to schedule a free consultation.

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Because law enforcement is there to protect and serve, individuals rely on police to defend their rights. But unfortunately, there are situations when people are harmed or hurt because of police misconduct. This could be an abuse of power during the arrest process or unjust treatment during detainment.

Reach out to an experienced Florida law enforcement liability attorney if you believe your rights under the US Constitution have been violated or if you are an officer accused of misconduct. There are paths forward when you were wronged by the authorities who should have been protecting your rights or if you have been unjustly accused.

Range of Situations that Could Lead to Abuse

American citizens have civil rights under US Constitutional Amendments and other laws and protections. There are a range of ways rights can be violated, including the following.

• Use of force. When a person is subject to excessive physical treatment at the hands of a law enforcement official or government agency, there could be a path to hold them accountable. This is true if a person was physically beaten, subject to unnecessary taser use, or sustained other forms of police brutality.
• Improper detention. There are protocols that need to be followed when a person is questioned and detained. If you were held with no probable cause or believe you were a victim when evidence against you was planted, connect with an attorney.
• Civil rights violations. Discrimination, blocked access to due process, or unable to assert your free speech or peaceful assembly rights could all lead to a claim or case against Florida officials.
• Failing to intervene. Because individual rights are known and understood by police officers, they have a responsibility to speak up or step in if they witness misconduct or rights violations. If they do not, failure to intervene can be pursued.

Of course, every claim and case needs to be individually addressed. Holding law enforcement accountable can be complicated, but there are legal professionals who can guide you through the process and work to right an injustice.

Share the Facts of Your Case with a Law Enforcement Liability Attorney

Connect with a Florida law enforcement liability attorney who has experience in police misconduct and civil rights abuse cases. You want to work with an attorney who has had successful results in cases similar to your own, whether you are involved in the dispute as a defendant or plaintiff. Honestly tell your lawyer what happened and what your objectives are moving forward. Then, a legal strategy can be built.

Are you a law enforcement official who has been accused of a violation? Or were you subject to an injustice? There are ways to take your rights to court, reach out to the legal team at HD Law Partners to learn more. At HD Law Partners, our attorneys have successfully represented clients in liability cases for over 10 years. With extensive Florida law enforcement liability knowledge, our attorneys are committed to bringing injustice to light and upholding your rights. Call 813-964-7878 to schedule a free consultation.

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Owners of timeshares are sometimes targeted through resale scams. If you are thinking about selling your timeshare, be sure you are working with individuals and organizations you trust. False brokers contact timeshare owners and tell them that they are in contact with buyers who will pay a high price for their timeshare. Even if the offer appears legitimate, talk to a trusted legal professional before agreeing to any terms.

Fraudsters can be very convincing and many of them put time and energy into making their scams appear real to their intended victims. For instance, they may share websites, documents, office locations and phone numbers with you that lull you into a false sense of security. Professional criminals know how to make an offer appear real to individuals who are not familiar with timeshare resale scams. If you have been contacted by a broker and they share a deal that seems too good to be true, share your concerns with a Tampa timeshare attorney.

Inflated Offers and Upfront Costs

Trusting your gut is an important part of realizing a scam is in motion. When a broker reaches out about your timeshare property and offers you a high sale price but informs you of a need to pay an upfront fee, your internal scam alert should be blaring. There is a possibility they will pressure you to act quickly, possibly even asking for the routing number of your checking account. Do not allow them to entice you into their scam.

For example, a false property broker could call you and say that they have a buyer for your timeshare property but you need to pay taxes on the sale, often totaling in the thousands of dollars. This is not how the timeshare selling process is done, they are simply appealing to people with the promise of high price sale. A promise that will never go through, because the scammers are simply interested in stealing your cash.

Have an Attorney Assess Contracts

When it comes time for you to sell your timeshare, you could be doing so because you want less responsibility and worry. To achieve these goals, work with a Tampa timeshare attorney. An experienced lawyer can review all of the contracts and verify the legitimacy of the sale. Additionally, they will advise you through the process to be sure you are getting what you want and need out of the deal.

Do not allow a scammer to pressure you into a bad decision. There are plenty of individuals and organizations that can help you through the process of buying or selling a timeshare. Greedy thieves aren’t the ones you want to be talking to.

Do you want to offload your timeshare and avoid scams? Reach out to the legal team at HD Law Partners. Consult with an attorney to learn more about the best way to achieve the timeshare resale deal you are hoping for, along with learning about ways to avoid timeshare scams. Call 813-964-7878 to schedule a free consultation.

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When people think of slipping and falling, they may think of how people fall in movies and cartoons. In entertainment, people fall because of marbles, fruit peels, and rugs pulled out from under them. While entertainment provides a lot of enjoyment and relief, the reality of slip and fall injuries is not funny at all. Many visiting and living in Florida slip on wet floors at businesses, either because a spill was not mopped up or a cleaning solution leaked, and face a long physical recovery as a result.

Before you decide if you should accept an insurance settlement offered or pursue a lawsuit, talk to a Tampa personal injury attorney. Monetary damages are possible when a business owner did not maintain their property safely or behaved recklessly. Liability laws are in place to protect your rights.

Businesses Need to Be Held Accountable

After a wet floor injury, making the move to be compensated fairly means you are standing up for your own rights and possibly helping others avoid the same injury you sustained. When businesses need to pay for damages, it is more likely they will repair the issue that caused the injury to begin with.

So if you have slipped, tripped, or fallen, be sure to have your health assessed by your primary care physician, urgent care doctor, or other licensed healthcare professional. Injuries as a result of a fall can be slow to show. It is common for fall victims to initially think a pain is small, that they can ice it and will feel better later. Sometimes this is true, but in other situations the pain is a symptom of a large health issue in need of treatment.

Bring the documentation you have, including images of the accident scene and doctor reports, to your initial meeting with a slip and fall lawyer. Then, how to hold the business accountable and get your expenses settled can be discussed and an agenda can move forward.

Discuss Your Wet Floor Injury with a FL Lawyer

A business manager or owner may say you are responsible for all of your expenses, suggesting you should have avoided the risk. But you do not have to take their word for it if you believe you have a reason to pursue damage compensation. Share the details of how the accident occurred and what injuries you sustained with a Tampa personal injury attorney. Then, a path forward can be established.

Did you slip and hurt yourself on a wet floor at a Tampa business? Pursuing damages from a Florida business can be complicated, but a lawyer can guide you through the process. Talk to a legal professional about how to protect your rights. Discuss your objectives with the compassionate and experienced legal team at HD Law Partners. Coping with an injury is hard enough, but adding large medical fees and income loss to the situation can be stressful and depressing. Thankfully, help is available. To get started, call 813-964-7878 to schedule a free consultation.

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Divorce is emotional and upsetting, and on top of those worries it can be expensive. If you have talked to friends about their divorces, they may share a range of different experiences with you. For instance, it is possible they themselves paid for their attorney fees or that part of their settlement was outlining that their now ex-spouse would cover the legal expenses for both individuals.

If you believe your spouse should be responsible for your Florida divorce expenses, talk through your situation with a Tampa family law attorney. There are often more resolution options than previously recognized, particularly through negotiation.

Attorney Fee Structures and Your Divorce Agreement

At your initial attorney consultation, ask about how the legal team structures their fees to be sure you know how much you will need to spend in order for them to handle your Florida divorce. For example, some attorneys bill flat fees while others prefer to use hourly rates. How additional expenses will be dealt with will also be outlined in the agreement you enter into with your attorney.

Next, when you find the right legal team for you, a lawyer can share with you how your marital debts will be dispersed, including analyzing the following.

• How much does each person earn? If one spouse earns a lot more than the other, or if one individual has not worked outside of the home for years, spousal maintenance and child support could be part of the divorce agreement.
• What if my spouse is delaying the process? There are also situations where one person is making the end of the marriage more complicated, resulting in higher fees. If your spouse is adding expenses to your divorce, you may be able to hold them accountable for some or all of those legal expenses.
• Is it possible to get access to financial accounts I’m locked out of? Many spouses have joint financial accounts but if there is a large monetary amount that your spouse can access and you are unable to, there may be a path to having them distribute a portion of those funds to settle your legal fees.

Every case needs to be reviewed and analyzed in order for the proper strategy forward to be created and implemented. To learn more about if your spouse could be held accountable for your current financial expenses, talk to a Tampa family law attorney.

Is the possible financial impact of your coming divorce keeping you up at night? While worrying is normal, take a productive step toward a secure future and talk to a lawyer about the facts of your situation. Connect with the compassionate lawyers at HD Law Partners. All assets and liabilities will need to be assessed before it can be determined if there is a path to your spouse paying all legal fees or if you will be responsible for some of the expenses. Our skilled attorneys know how to make your post-divorce goals come to fruition. To get started, call 813-964-7878 to schedule a free consultation.

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There are times when a person has accumulated accident expenses but is unsure about pursuing damage recovery. This could be true for a range of reasons. Some people have seen a lot of TV shows or movies where a cruel individual seeks money from others through fraudulent claims. Or maybe you personally know the person who owns the animal who bit you or was driving the other vehicle you were involved in a traffic collision with and you are worried about their financial health in addition to your own.

But the truth of the matter is there are ethical reasons to prioritize your need for damage recovery. It is normal to be stressed and be unsure what to do when you are healing from an injury and facing a lot of expenses. You do not have to weigh all of your options on your own. Learn more about what is possible and talk through next steps with a Tampa personal injury attorney.

You Could Be Helping Others

Taking care of your own health, including seeing a licensed healthcare provider to assess your injuries as soon as possible, is essential. Being kind to yourself is an ethical thing to do, and it is also ethical to help others avoid harm. So if you were hurt because of another’s negligence, your claim or case could put an end to that danger or risky behavior, saving others from future injuries.

It is common for insurance claims and legal action to shine light on a risk. For instance, if a business did not fix an area with torn carpeting and inadequate lighting, and you fell and hurt yourself as a result, a claim could lead to you paying off your healthcare expenses and the business repairing the danger so others can navigate the area safely.

Holding Insurance Companies Accountable

Additionally, when a person purchases an insurance company, they are doing so to access the support of that policy should they need it. If you are concerned about the personal connection you have with an individual involved, know that your damage recovery will likely be secured through their policy. They have the coverage should an unexpected event occur.

If you find yourself questioning if it is ethical to file an insurance claim or take legal action following an accident injury, talk to a professional about your concerns. An experienced Tampa personal injury attorney has likely worked on similar cases and can give you practical advice. Then, your decisions can be based on facts rather than emotion.

Has your life been upended by a Florida accident? Talk to a legal professional about how to protect your rights, hold a negligent party accountable, and assess the damages you need to move past an injurious event. To learn what is possible for you given the facts of your case, discuss a path forward with the compassionate legal team at HD Law Partners. Achieving a full and fair recovery amount is possible when you hire a seasoned team of experts. To get started, call 813-964-7878 to schedule a free consultation.

Posted in Insurance Litigation, Personal Injury | No Comments »

It is well understood that the incomes of each spouse will be assessed when a couple chooses to divorce. But if you own your own business, you may be curious about how all of the assets and liabilities connected to the business you have created and nurtured will be impacted. While it is unlikely the value of your business is stagnant, the valuation at the time of your divorce are the figures that will be used.

A fair agreement can’t be created until all the appropriate financial information has been gathered. If you are unsure how to get a valuation figure for your business, connect with a Tampa family law attorney. In addition to the worth of your business, your attorney will also ask about if the business belongs to one spouse or if it was started as a joint venture. There are many details that can affect a final divorce outcome.

3 Possible Resolution Options

Instead of being overwhelmed by the options, talk through the pros and cons of different resolutions with your lawyer to determine which path you want to pursue. Then, your lawyer can fight for the outcome you want. For example, one of the three solutions below may be a welcomed solution for you and your spouse.

• You buy out your spouse, so you retain the business and they receive cash or investments.
• The business is sold and you and your spouse divide the assets from the sale.
• Your spouse keeps the business but you have shares moving forward.

Of course, there are many other solutions depending on the goals of the individual. For example, if your spouse is seeking spousal support, you may be able to remain the sole owner of your business provided you use a portion of your business income to make monthly maintenance payments.

Disclose All Financial Statements

Changes in valuations can lead to legal disputes, so having a business valuation performed close to the date of your divorce is advised. You can’t control change in the overall national economy, but best practices can be followed. Often this means securing a business analysis in the months prior to a divorce being finalized. A valuation from years ago may no longer be relevant.

Business owners have additional asset and debt information that need to be shared in order for the financial information of a divorce to be appropriately reviewed. A Tampa family law attorney has the background and expertise you need.

Are you a Florida business owner who is considering a divorce? Asset and liability division is a key issue when a couple ends a marriage. Before making assumptions about the worth of your business, pursue a private valuation so you will have the facts you need to move forward with confidence. To learn about best practices, connect with the compassionate lawyers at HD Law Partners. Because our skilled attorneys have worked on divorce cases involving business owners before, we know how to make your post-divorce goals come to fruition. To get started, call 813-964-7878 to schedule a free consultation.

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Alimony, also sometimes referred to spousal maintenance support, is common. But if you have been making court-ordered payments and have discovered your ex-spouse is now living with a romantic partner, you may be wondering if you still are required to make payments. While it is well known that remarriage can lead to the end of alimony, cohabitation and new relationships aren’t always as clear cut.

Talk to a Tampa family law attorney to have your individual situation assessed. If your ex is enjoying an increased standard of living since they moved in with their new partner, and it can be proven the relationship is supportive and established, including the sharing of finances, alimony payments could be impacted, either reduced or eliminated.

Proving a Supportive Relationship

When a relationship grows into one that is supportive and involves cohabitation, alimony may cease. The important component is being able to prove it is a supportive relationship. So, if your ex is staying with their partner a few days a week and shopping for groceries they will use to make a meal together, it will not likely not be deemed a supportive relationship. Supportive relationships are more involved than that, including joint accounts, for example.

Examples that could prove a supportive relationship:

• Payment of one another’s medical costs
• Joint financial accounts
• Documentation of both names on housing documents
• Car titles or credit cards that are shared
• Statements from witnesses of the relationship involving support

Of course, every situation has its own particulars to assess. A skilled attorney can determine which forms of evidence would fortify your argument.

Discuss Your Alimony Concerns with a FL Attorney

It is normal for individuals to enter new relationships after a divorce. But if you were ordered to pay alimony to allow your ex-spouse to continue a standard of living and they are now living with another person who is providing them with financial security, it is natural to question if those alimony payments are still required.

Once you suspect your ex-spouse is no longer in need of alimony, or that they would not receive it should your divorce be decided by a court today, connect with a legal professional. Life changes are common, a lawyer can guide you through the process of modification payments or ceasing spousal maintenance.

To discuss when it is possible to adjust alimony due to cohabitation, talk to a Tampa family law attorney. Legal professionals know what forms of documentation are required in order to move to cease alimony payments.

Has your ex moved in with a partner and you believe they are no longer in need of spousal maintenance payments? Alimony can be revisited when circumstances change, you can take steps to protect your financial future with a modification or the elimination of alimony payments. Long-term relationships and cohabitation commitment can be difficult to prove, but there are ways to secure evidence. Share your objectives with the legal team at HD Law Partners. Our experienced attorneys can walk you through the next steps. Call 813-964-7878 to schedule a free consultation.

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Because timeshares go through popularity cycles, there are plenty of people who buy into a timeshare when friends are doing so then find themselves, possibly years later, trying to find a way to get out of the agreement. You may have even forgotten about the timeshare only to discover it on your credit report when you are trying to make a different large purchase.

There are steps you can take to successfully cancel a timeshare. Sometimes it is possible to do this on your own, but if you have already tried and not found success or need a professional to help you through the process, connect with a Tampa timeshare attorney. A lawyer who has worked on many timeshare cases could see a path forward you hadn’t considered on your own.

Acting Without Delay

Ideally, you will be able to cancel your timeshare within a set cancellation period. Things become more difficult when you want to cancel and you are past the set period of time for cancelation. Having a legal professional look over the specific options within your contract may be helpful.

Some things to look for when it comes to a cancellation:

• Are penalties in place if you move toward ending the contract?
• When would a fee for canceling need to be paid?
• If canceling is possible, will you receive your money back in full?
• Will you be held liable in any way?

Take care when reading over contracts. And if you feel you are not able to untangle the wording, have a legal professional look over the terms and language.

Move to Cancel or Sell In Writing

If you have discovered a path to cancel your timeshare, do it in writing. Inquire with the timeshare company what official forms of communication are needed and provide them, following all of the necessary paperwork. And, of course, keep copies for yourself as well.

When it is not possible to solidify a cancellation, there may be an option to sell the timeshare. Some even find selling it back to the timeshare company itself is a way to unload themselves of the payment responsibilities. There may be a transfer fee in order to sell back your ownership, but it could be worth the expense to put the timeshare experience behind you.

There are support systems available to help you, even when you feel trapped in a timeshare agreement you no longer want in your life. Hire a Tampa timeshare attorney who is familiar with local laws and can fight for your release from Florida timeshare contracts.

Do you have questions for a timeshare attorney with experience in Florida laws? Connect with the legal team at HD Law Partners to have an experienced attorney on your side and learn more about your options. Even when you are told there is no way out of an agreement, there may be a way to handle the situation that timeshare company representatives are not readily sharing with you.  Call 813-964-7878 to schedule a free consultation with a member of our team.

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