If you and your spouse are moving to separate or end your union through a divorce, seasoned professionals can provide guidance. For example, if the two of you have children, you are likely in the process of considering how the divorce will impact the daily schedules and long-term plans of your kids. When it is possible to work collaboratively, working with a parenting coordinator could be an option.

Not all spouses are able to communicate and negotiate during a divorce. Some couples are involved in high-conflict disputes. But if you are interested in learning about mediation, collaborative divorce, and other options that involve you and your spouse agreeing to terms, talk to a divorce lawyer. When both parents are open to discussion, you can create a parenting plan together and have it approved by a Florida court. An experienced Tampa family law attorney can provide you with knowledge and a path forward.

Trained Advocates Provide Support

There are a variety of ways third parties can be helpful when people are navigating a divorce. After all, it can be an incredibly stressful time and there are lots of decisions to be made. One trained professional that could help is a parenting coordinator.

Often lawyers who have experience in collaborative divorce, parenting coordinators can find common ground and build on that base to develop a stable environment during the divorce and in the weeks, months, and years that followed. Another reason why some parents enjoy working with parenting coordinators is decisions can be made without involving courts, resulting in faster results and less expense.

Lawyers can help you with financial questions and custody agreements and parenting coordinators can guide you through child care decisions, extracurricular activities, and how to smooth the transition from one home to two homes for the kids. Some professionals have both legal skill and are trained in parenting coordination.

Finding the Right Match for Your Situation

When going through a big life change, like a divorce, you need to create a support system. For some people, working with a parenting coordinator is a great solution. Others find once they have a skilled Tampa family law attorney on their side they are able to work through parenting concerns through mediation. Learning about what options are available to you can be empowering. Meeting with a lawyer, even if you are in the beginning phases of a divorce or are considering a separation, will give you knowledge that can inform your decisions that can have a large impact on your future.

Do you have questions about setting up the best situation for your kids as you move toward divorce? Whether you believe you and your spouse are open to a collaborative divorce or you are expecting a period of high conflict, talk to the legal team at HD Law Partners. Our experienced attorneys will listen to your objectives and let you know how to create the future you want for yourself and your kids. Call 813-964-7878 to schedule a free consultation.

Posted in Family Law | No Comments »

Occupational diseases are illnesses that are directly connected to a person’s employment and the job tasks they perform at work. So, while it is common for coworkers to catch a cold or flu from one another, that is not an occupational disease. But being exposed to a harsh chemical that causes illness when precautionary steps should have been taken could be deemed occupational. Additionally, harm caused by repetitive tasks could be deemed an occupational disease when a person is diagnosed with trigger finger or carpal tunnel syndrome. Individuals who have experienced hearing loss due to industrial noise have also accessed benefits.

Illness tied to the nature of work can lead to hospital visits and long term treatment plans. Some find themselves facing high medical expenses and an inability to work for weeks or months. To determine what your options are when it comes to financial recovery, talk to a Tampa personal injury attorney. Often workers’ compensation is a path to compensation, but in other cases a personal injury lawsuit is another course of action.

Hazardous Conditions and Unsafe Workplaces

If you were exposed to dangerous contaminants in the air at work or were poisoned by radiation or lead at your place of employment, you should seek out your legal options as you may be facing long-term health complications. And ongoing medical care comes at a high cost.

Often workers’ compensation policies are a path to recovery as they were created for the protection of both employees and employers. Employers are protected from lawsuits and employees are able to access the care they need to heal, along with wages to support their families. That said, there are still situations in which litigation is possible. Connect with an attorney to explore your settlement options.

Seeing a Healthcare Provider

However you plan to access funds, through compensation benefits or through a settlement offer, your illness or injury will need to be documented. Seeing a doctor and having them provide you with a diagnosis and establish a treatment plan for you is essential, for your own health and your ability to collect damages later.

There are many calculations that need to be made when benefits and settlements are established. For example, it is common for workers’ comp to pay out wage compensation at two-thirds of an employee’s normal income level. There are unique elements that could come into play, talk to a Tampa personal injury attorney to learn more.

Do you believe your health issue or illness is due to your employer not providing you with a safe work environment? Mulling over compensation options, from workers’ comp to personal injury legal action, can be overwhelming but there are professionals who can assist you through the process. Talk over the details of your situation with the aggressive legal team at HD Law Partners. Our team will assess your documentation and share with you next steps. We are committed to fighting for your right to a full and fair compensation amount. Call 813-964-7878 to schedule a free consultation.

Posted in Personal Injury | No Comments »

Deciding to separate or divorce can be an incredibly emotional process. It is common to feel overwhelmed with day-to-day details, but making lists and reaching out to professionals, such as an experienced Tampa family law attorney, can make the process smoother in the long run.

Depending on your financial situation, you may need to have a support payment arrangement set up, even if you are not officially moving toward a divorce. With so much turmoil, having financial arrangements put in writing is advised.

It Is Never Too Early to Get Organized

When it comes to financial documentation, it is in your best interests to get organized as soon as possible. It is easier to make clear, calm decisions when you have all the facts in front of you. Tempers can flare and disagreements escalate when information is murky and vague.

Besides, some find it relaxing to get financial documents organized as it is a tangible step you can take that can fortify your future. Any big life change, such as a divorce, comes with many unknowns, but a to-do list of financial items to collect is a clear guideline to follow.

• Collecting records. Getting a clear picture of your marital finances is difficult to impossible without compiling records first. Yes, you will need income statements and household budget records, but you will also want to gather retirement accounts, brokerage balances, real estate documents, insurance policies, and estate plans.
• Household budgets. Past and present household budgets are useful in establishing a marital standard of living and can be helpful for you to see what bills you feel comfortable taking on post-divorce and which you feel your spouse should be responsible for paying.
• Your own accounts. If you do not have your own bank accounts now, it may be time to set those up. Joint accounts will need to be untangled, you will want sole accounts for your checking, savings, and credit card needs.

Naturally, each situation has its own factors to address. Couples that own multiple properties that they both manage daily and rely on for rental income will go through a different asset division process than married individuals who have one high earning spouse and a spouse who has maintained the home and not earned an income for a decade or more.

Connect with an experienced Tampa family law attorney about next steps. Let your lawyer know if there are any premarital agreements and what your financial goals are for the future.

Are you confused about which financial documents an attorney will need to see? If you are separating to take time before making a final decision on a divorce or moving to end your marriage now, you need a legal professional on your side. The legal team at HD Law Partners can look over your finances and share possible resolutions with you. Some choose arbitration or mediation when negotiation on divorce terms is possible. Our experienced attorneys will listen to your objectives and let you know how to create the future you want for yourself and your kids. Call 813-964-7878 to schedule a free consultation.

Posted in Divorce | No Comments »

If you are a Florida parent who was awarded court-ordered child support payments at the time of your divorce, you likely rely on those payments to keep your household budget balanced. After all, child support amounts are set once there is an assessment of the income and resources of the involved parents. In many cases, the custodial parent needs the funds to provide for their child and maintain a lifestyle for the children that is in line with their experiences when their parents were married.

But it is common for circumstances to shift after a marriage ends. Sometimes, a parent chooses to move out of state, either for a job, to be closer to their extended family, or simply to make a fresh start and begin again. If they are permitted to do this under your divorce agreement is one question, but their requirement to maintain court-ordered payment is not a question, they are required to do so. And if they don’t, the Uniform Interstate Family Support Act (UIFSA) could be a way to access the funds you need. Discuss your options with a Tampa family law attorney.

 UIFSA Is a Federal Protection 

The UIFSA is a federal law that permits one state to enforce the divorce terms of another state, specifically the child support payments that were awarded. It is in place so that a parent can’t run away from their financial responsibilities simply by moving over a state line.

While this federal protection is an important tool in accessing support payments, the process is not always easy. Particularly if your ex-spouse does not want to be found. But if they are located, legal actions are possible through UIFSA. Wage withholding could be a solution, for instance. Under UIFSA, interstate wage withholding is possible, meaning their employer could withhold a percentage of the obligor’s income.

Pursuing a Support Modification

If your ex believes they are no longer responsible for support payments, because you or their financial situation has changed, they need to pursue a modification. They are not permitted to simply stop making payments.

Pursuing a modification after an out-of-state move is possible, but how to proceed will depend on where the involved individuals currently reside. Under UIFSA, when either of the parents or any of the children are living in the state in which the support order originated, modification requests must be made in that state. So, if you and the kids still live in Florida, your ex would need to pursue a modification in Florida. Talk to a Tampa family law attorney to learn more.

Do you have questions about support payments now that you or your ex-spouse has moved out of Florida? If you are seeking a modification or are trying to access court-ordered payments after payments have stopped, talk to the legal team at HD Law Partners. Our experienced attorneys can put you on the right path, whether you and your ex still live in FL or not. Call 813-964-7878 to schedule a free consultation.

Posted in Family Law | No Comments »

When a person is struck by a car and injured, there could be a range of factors that contributed to the harm. A distracted driver could carry some of the fault, but it is also possible the pedestrian carries a percentage of the negligence resulting in the Florida accident.

In initial damage recovery discussions, who was at fault and what level of responsibility multiple parties hold may not be immediately clear. There may need to be a review of evidence by the insurance adjusters and legal professionals involved in order for the details of a compensation package to come to light. If more documentation needs to be collected in order to prove your need for financial recovery, there are experts that can guide you through the process. Talk to a Tampa personal injury attorney.

Distracted Drivers and Negligence On the Part of the Pedestrian

It is an unfortunate reality that driving distracted can lead to collisions. Whether a driver is texting or trying to open a container of food, anytime a driver has their attention away from the task of driving there is the danger of a crash occurring, and sometimes pedestrians are struck. Failing to obey traffic signs, driving too fast, or being under the influence are behaviors that also pose grave risks.

While it is common for drivers to be the ones held accountable, there are also situations in which pedestrians are at fault. After all, individuals traveling on foot need to follow traffic signals and road rules as well. When a person runs into traffic against a light and is struck, they may be deemed at fault or to carry a degree of fault.

In Florida, fault can be shared and the percentage of fault given to each involved party will then influence the amount of personal injury recovery that can be accessed. While some states have percentages that make a party ineligible, such as a person carrying over 50% of fault is not able to collect damage recovery funds, this type of restriction is not in place in Florida. Even if you are 80% at fault, you could receive recovery funds.

Connect with a Tampa Attorney

Pedestrian injury cases can be complicated and it is possible an insurance adjuster will try to prove that you, not the motorist, carries the most fault. When you hire a Tampa personal injury attorney, a legal professional will fight for your right to damage compensation.

Are you recovering from a pedestrian accident and are unsure of the worth of your insurance claim? Talking to a legal professional can give you a full understanding of the worth of your claim. Then, you will not accept an amount that is far lower than what you’re entitled to. To pave a path forward, connect with the aggressive legal team at HD Law Partners. Once our attorneys assess your documentation, next steps can be strategized. With years of personal injury experience, we are committed to fighting for our clients. Call 813-964-7878 to schedule a free consultation.

Posted in Personal Injury | No Comments »

The COVID-19 pandemic created widespread–and unprecedented–disruption to Florida’s economy. Many businesses suffered a severe drop in revenue and were forced to temporarily or permanently close their doors. This, in turn, spawned a wave of business lawsuits against insurance companies who denied claims under “all-risk” commercial insurance policies.

Commercial Policies Required “Physical” Damage to Property

The U.S. Court of Appeals for the 11th Circuit, which has appellate jurisdiction over federal cases originating in Florida, recently addressed a series of lawsuits on this issue. The basic question underlying the various cases–captioned here as SA Palm Beach, LLC v. Certain Underwriters at Lloyd’s London–was whether COVID-19 caused “direct physical loss of or damage to” insured business property.

As you probably remember, back in March 2020 the governor of Florida issued a number of executive orders restricting the operations of “non-essential” businesses like restaurants and retail stores. Many Florida counties also issued “stay at home” orders that further restricted–or forced the temporary closure of–these same non-essential businesses.

One of the plaintiffs in this case operated a restaurant in Palm Beach. The plaintiff held a commercial property insurance policy from Lloyd’s of London. The policy stated the insurer agreed to pay for any loss of business income or extra expense incurred due to “direct physical loss of or damage to” the covered property. (As noted, the 11th Circuit consolidated several cases for review, all of which essentially follow this same fact pattern.) The policy further stated that coverage began 72 hours after the time of said direct physical loss or damage.

Essentially, the insurer’s argument was that COVID-19 did not create any “physical” loss or damage to the insured property of the plaintiffs. Indeed, the purpose of such coverage was to assist business owners “repair, rebuild, and replace” damaged physical property. That made no sense in the context of a pandemic-related closure.

All of these cases are subject to the substantive law of Florida. But as is common with insurance litigation, the “diversity of jurisdiction” between the parties meant the various lawsuits were tried in federal court. The 11th Circuit therefore had to determine how Florida insurance law should address this situation.

The 11th Circuit noted that neither the Florida Supreme Court nor the state’s intermediate appellate courts had addressed this question in a published opinion. But based on how the majority of other states have dealt with the issue, the 11th Circuit concluded that the Florida Supreme Court would hold the insurer was not liable for coverage in these cases. Accordingly, there was “no coverage for loss of use based on intangible and incorporeal harm to the property due to COVID-19 and the closure orders that were issued by state and local authorities even though the property was rendered temporarily unsuitable for its intended use.”

Speak with a Tampa, Florida, Insurance Lawyer Today

If you are involved in an insurance dispute it is important to seek out qualified legal advice from attorneys who understand this field. To speak with a Tampa insurance litigation attorney, contact HD Law Partners today to schedule a consultation.

Source:

scholar.google.com/scholar_case?case=1838465014933997489

Posted in Insurance Litigation | No Comments »

Insurance companies will often seek declaratory judgments to determine their obligations under a particular policy. For example, if someone is injured on another person’s property, the company that insures the property owner may seek a declaratory judgment that it has no duty to defend or indemnify that owner should they be sued.

Keep in mind, while most personal injury claims fall under state law, declaratory judgments are subject to federal jurisdiction. Under the Declaratory Judgments Act, a congressional statute, federal judges “may declare the rights and other legal relations of any interested party seeking such a declaration.” The word “may” is important. A federal court is not always required to make a determination. The judge may decide that it is best to dismiss a declaratory judgment action to avoid interfering with an ongoing state court proceeding.

Federal Court Orders Reconsideration of Insurer’s Request

The U.S. 11th Circuit Court of Appeals recently clarified the standards that federal judges must use when deciding whether or not to exercise their jurisdiction over a declaratory judgment proceeding. This particular case, James River Insurance Company v. Rich Bon Corp., originated with a shooting at a Miami nightclub. A fight broke out at the club, which quickly escalated into a shootout. An employee of the nightclub was killed in the gunfire and a nightclub patron was shot and seriously injured.

The nightclub had a general liability policy that covered bodily injury and property damage. This coverage excluded any workers’ compensation liability or injuries to employees. There was also a cap of $25,000 per person or $50,000 per incident for any claims arising from an “assault or battery” on the premises.

The injured guest sued the nightclub in Florida state court, alleging negligent security. The nightclub also anticipated a similar lawsuit from the deceased employee’s estate. The insurance company decided to file a declaratory judgment action in federal court, seeking clarification of its coverage obligations.

While the federal action was pending, the insurer ended up settling the state lawsuit with the injured patron for the $50,000 policy limit. The estate of the deceased employee then filed its own state lawsuit. The insurer argued in federal court that the nightclub’s insurance for this incident was already “exhausted,” and in any event, the estate could not recover any coverage under the employee exclusion.

The federal court declined to exercise jurisdiction and dismissed the declaratory judgment action. On appeal, the 11th Circuit said that was an abuse of discretion. The appellate court said that looking at the “totality of the circumstances,” the insurer had a viable claim that a declaratory judgment was warranted based on its exhaustion-of-coverage argument. The 11th Circuit therefore ordered the trial court to reconsider its position accordingly.

Speak with a Tampa, Florida, Insurance Lawyer Today

Insurance disputes can often lead to a number of complicated legal questions. An experienced Tampa insurance litigation attorney can help you in finding some answers. Contact HD Law Partners today to schedule a consultation with a member of our team.

Source:

media.ca11.uscourts.gov/opinions/pub/files/202011617.pdf

Posted in Insurance Litigation | No Comments »

If you are pursuing legal action in connection with a business contract dispute, it is possible there is a provision in the contract to move toward arbitration. An alternative to traditional litigation paths, arbitration has some similarities to mediation in that there is a neutral third party who reviews documentation, listens to arguments, and gives their opinion. An arbitrator’s decision is binding.

Legal issues can weigh down profits and productivity of organizations. If you are a Florida business owner and you have found yourself in the middle of contractual disputes, you need a Tampa business & corporate law attorney to guide you through your legal options. Take care of any problems as soon as possible so you can put the legal dispute in the rearview mirror.

Pros and Cons of Arbitration

Before agreeing to the process and moving forward with arbitration, understand the advantages and disadvantages. Because whether mandatory arbitration is included in the contract in question or not, you need to know what to expect so you can prepare for the process and the possible outcomes.

Arbitration pros:

• Faster than litigation. Because the arbitration process has more flexibility than local courts, a resolution will likely be far faster. This is because time and locations are generally open to discussion and easier to schedule.
• Less expensive. Since the process is stripped down, arbitration generally costs less and the expenses required to go through the process are split between the parties involved.
• It’s private. While trials can be part of public record, arbitration is done privately. For this reason, it is a popular choice when there are sensitive issues involved, including trade secrets or intellectual property.

Arbitration cons:

• Decision is binding. Parties who go through arbitration have waived the ability to have a judge involved in their dispute. Because they have waived their right, the chances of being able to appeal or take other legal action are slim to none.
• No guarantees. While arbitrators are qualified professionals in most cases they are not necessarily bound to precedent. Therefore, they could make a decision you were not anticipating. Courts, on the other hand, follow legal precedent.

Discuss the advantages and disadvantages with an attorney who is familiar with the details of your situation.

Personalized Attention

Talking to a Tampa business & corporate law attorney is important because once a legal professional has looked over your contracts, they can provide you with advice that is tailored to your unique situation and goals. In some situations, litigation is a preferable option. Or, if your contract states you must go through arbitration, there are ways to properly prepare.

Are you wondering if arbitration would be helpful for you and your business? Connect with the legal team at HD Law Partners to learn more about your options. With extensive experience in  business and corporate litigation, our lawyers will review your case and advise you on the path that will lead to the outcome you are seeking. Call 813-964-7878 to schedule a free consultation with a member of our team.

Posted in Business Corporate | No Comments »

Sales of timeshares are often connected to customers acting on impulse, without people doing the research they need to do to determine if the purchase is truly a good investment. Sometimes people are on vacation when they are talked into a timeshare and they find themselves regretting the purchase in the months and years that follow. To protect yourself from regret, take your time and talk to legal professionals about the language of contracts.

There are laws in place to protect individuals from unethical timeshare sales. If you believe you were not treated fairly when you purchased a timeshare or have decided to sell and are unable to do so, discuss your case with an experienced Tampa timeshare attorney. You do have rights, and there could be a path out of the situation even if high-pressure representatives of the timeshare are insisting you have no choice.

Maintenance Fees and Long Ownership Timelines

When people are excited and buy a timeshare at the moment, they are typically not thinking about how long they will be paying maintenance fees. Instead, they may be on vacation and tantalized by the idea of more vacations.

If you become interested in a timeshare at a presentation, know that you do not have to purchase a timeshare then and there.. Research vacation ownerships. Then, if you do decide you are interested in a timeshare, you can look for one that fits your needs. Too often, people buy without sitting down and truly considering how much they can use it given their lifestyle and how quickly maintenance fees can pile up, even if you are not using the property.

For example, it is common for timeshares to use a vacation point system. But if you have never used this type of system you may not understand the limitations that are being imposed.

Avoid Today-Only and High-Pressure Sales

In short, walk away from today-only prices. Ask questions and do your research. Chances are, if you opt to buy in later you will be able to do so and avoid time crunch sales tactics. Additionally, looking at reviews of the company and checking online to see if past customers had any complaints can be helpful. Then, without the clock ticking, you can do the financially responsible thing and take the time you need to read through the contract before signing. To have all of your concerns addressed, connect with a Tampa timeshare attorney.

Is it time for you to talk to a timeshare attorney? Whether you are looking to get out of a timeshare contract or you want legal advice on how to proceed with a purchase and protect your assets, connect with the legal team at HD Law Partners to learn more about your options. Vacation should be fun, not a source of stress, and if you buy into a vacation property you need to be sure you can use it otherwise you are wasting money.  Call 813-964-7878 to schedule a free consultation with a member of our team.

Posted in Timeshare | No Comments »

People slip and fall in public all of the time. You have likely been shopping in a mall or dining in a restaurant and seen someone take a fall. Thankfully, in most situations, the person is able to get up and brush it off. They may be startled and bruised, but they are able to resume their activities once they have collected themselves. But, it is important to note that not all individuals are this lucky. There are fall victims who sustain injuries that require medical care.

One Florida report stated there were over 60,000 falls that required hospital care within the period of a calendar year. With statistics like this, it stands to reason that thousands of Florida residents are struggling with medical bills after a slip, trip, or fall in a store, restaurant, or hotel. If you believe your fall or the slip of a loved one was a direct result of recklessness, connect with a Tampa personal injury attorney to discuss compensation options.

Four Years to File In Florida

When pursuing damage recovery, often negotiations begin with an insurance company. But if you are unable to secure the amount you need in order to be made whole again, a personal injury lawsuit could be a possibility. You have four years from the date of the injurious event under Florida Statutes Section 95.11. While this may first seem like a long period of time, understand that insurance negotiations can eat up a lot of this time. Working with a legal team you can trust as soon as possible is advised.

Accessing recovery for a slip and fall after any of the following hazards presented a risk could be possible:

• Floors that are wet, either from cleaning detergents or spills
• Torn carpeting or chipped tile
• Cables, wires, or cords that are not secured properly
• Obstructed sightlines or poor lighting
• Areas full of debris, garbage, or clutter

Of course, some of these issues happen to buildings and properties that are used daily. But owners and managers have a responsibility to provide space that is reasonably safe for their customers and the public. So, if a danger occurs, the area should be blocked off with a barrier or signage.

Talk to an Attorney About Your Situation

There are protections in place for business owners who make moves to shield the public from harm. For example, if a person dismisses or ignores clear signage, the owner or manager may not be liable. Share the specifics of your case with a Tampa personal injury attorney.

Are you ready to access financial recovery after slipping, tripping, or falling in Sarasota, Tampa, or Orlando? When another’s negligence caused your injury, discuss your case with a seasoned attorney as soon as possible. The aggressive legal team at HD Law Partners is committed to fighting for your rights. Our lawyers know how much claims are worth and will fight to secure the maximum compensation for you and your family. To access the recovery you need, call 813-964-7878 to schedule a free consultation.

Posted in Personal Injury | No Comments »