Frequently asked questions

Ensure your safety and call 911. Document the scene with photos, exchange information with other drivers, and get witness contact details. Seek medical attention even if you feel fine — some injuries appear later. Do not admit fault or sign anything from insurance companies without consulting an attorney.

Liability depends on whether the rideshare driver was logged into the app, waiting for a ride request, or actively transporting a passenger. Each stage triggers different insurance coverage tiers. Uber and Lyft carry up to $1 million in liability coverage when a ride is in progress.

Under Florida’s 2023 tort reform, you generally have 2 years from the date of the accident to file a personal injury lawsuit. However, you should report the accident to your PIP insurer within 14 days to preserve your no-fault benefits.

Yes, if the property owner failed to provide reasonable security measures and the attack was foreseeable based on prior criminal activity in the area. You can pursue compensation even if the actual attacker is never identified or prosecuted.

Courts look at the property’s crime history, crime rates in the surrounding area, prior complaints from tenants or visitors, and whether the property type is associated with higher crime risk.

Common locations include apartment complexes, hotels and motels, shopping centers and malls, parking garages and lots, nightclubs and bars, gas stations, and college campuses.

Slip and fall is one type of premises liability claim. Premises liability is the broader legal category that covers all injuries caused by dangerous property conditions — including structural defects, swimming pool accidents, elevator malfunctions, toxic exposure, and building code violations.

Yes. Florida landlords have a legal duty to maintain rental properties in a reasonably safe condition. If you were injured due to broken stairs, faulty wiring, mold, lead paint, or other hazards that the landlord knew about, you may have a premises liability claim.

Florida’s residential swimming pool safety act requires barriers such as fences, self-closing gates, and door alarms around pools. Property owners, landlords, and homeowners association boards can be held liable for drownings or near-drownings caused by inadequate pool barriers.

You need to show the owner knew or should have known about the hazard and failed to fix it or warn visitors. Evidence includes surveillance footage, maintenance logs, prior complaint records, employee testimony, and photos of the condition.

Florida follows a comparative negligence system. Even if you share some responsibility, you can still recover damages — though your award may be reduced by your percentage of fault.

You may be entitled to medical expenses (current and future), lost wages and earning capacity, pain and suffering, and in some cases, punitive damages.

The claim must be filed by the personal representative of the deceased person’s estate. However, the claim is brought on behalf of surviving family members — typically the spouse, children, and parents.

Wrongful death claims commonly arise from car accidents, medical malpractice, workplace accidents, defective products, nursing home negligence, and criminal acts.

Damages may include the deceased’s lost earnings and benefits, loss of companionship, guidance, and protection, mental pain and suffering of surviving family members, and medical and funeral expenses.

Alimony is financial support one spouse may be required to pay the other after separation or divorce. It’s designed to address income differences, help the receiving spouse maintain stability, and provide time to become self-supporting if needed.

Florida courts base custody (time-sharing) decisions on the child’s best interests. Judges evaluate each parent’s ability to provide stability, emotional support, and cooperation. They also consider factors like school continuity, home environment, and any history of abuse or neglect before finalizing a Parenting Plan.

Yes. If circumstances change — such as job loss, pay raise, or changes in custody — support can be reviewed and adjusted.

Timelines depend on your situation. An uncontested divorce, where both parties agree on all terms, can be finalized in a few months.

A contested divorce — involving disputes over custody, assets, or support — can take longer due to negotiations, mediation, or court hearings. We prepare thoroughly for every scenario.

It’s a court order designed to protect a person from threats, stalking, or violence. It can restrict contact, remove someone from a home, and impact custody rights.

The simplest way is to request it in the divorce so it is included in the final judgment. If your divorce is already final, you can file a petition to restore your former name, which is a streamlined process that does not require fingerprinting.

Adults changing to a new name must submit fingerprints for a state and national criminal background check before the hearing. Restoring a former name is an exception.

If only one parent files, Florida law requires that the other parent be served with the petition. The court then decides whether the change is in the child’s best interests.

The petition is filed in the circuit court of the county where you live. For Miami-Dade residents, that is the Eleventh Judicial Circuit.

A business or professional practice can be a marital asset, in whole or in part, depending on when it was started and how it grew. Valuation is often the key step.

Start with several years of tax returns, recent bank, investment and retirement statements, mortgage and property records, business financials, and a list of debts.

Often yes, if it is valid and covers the issue. The agreement’s terms and how it was signed both matter.

That depends on equity, your ability to carry the mortgage alone, and your other assets. We walk through the numbers and trade-offs with you before you decide.

Yes. Consultations and communication are available in English and Spanish.

Yes. We work with clients in Spanish from the first call. Court filings are in English, but we explain every document in Spanish before you sign it, and we prepare you in Spanish for every hearing.

Generally yes. A Florida court can dissolve a marriage performed abroad as long as at least one spouse has lived in Florida for six months before filing. You may need a certified copy of the foreign marriage certificate with a translation.

If the business or its growth is marital, its value is part of the property division. Often the owner keeps the company and the other spouse receives other assets or payments. A valuation is usually needed, especially for closely held or family businesses.

That depends on the parenting plan. Plans can set clear terms for international travel — notice, itineraries, passports and consent — so trips to see family abroad don’t turn into disputes.

Self-employment income often requires reviewing business records, because personal expenses paid through the company can make reported income look lower than it really is. A forensic accountant can help when the numbers don’t add up.

Yes. We represent clients throughout Kendall and the surrounding Miami-Dade County communities, in both family law and personal injury matters.

Yes — hablamos español. Your consultation, and your entire case, can be handled in Spanish or English.

Kendall cases are filed in the 11th Judicial Circuit of Florida, primarily at the Miami-Dade County Courthouse. We appear in these courts regularly and know how the local divisions operate.

A Florida court can include foreign property in the equitable distribution and order how its value is allocated between spouses. Enforcing an order abroad can involve that country’s laws, so settlements are often structured to account for where assets are located.

Yes. Florida’s mandatory disclosure requires a sworn financial affidavit covering all assets and liabilities, including accounts and property held outside the United States. Leaving them out can lead to sanctions and an unequal division.

That depends on the parenting plan. Plans commonly set rules for international travel, such as advance notice, itineraries, consent and who holds the child’s passport. Clear terms prevent disputes before every trip.

Generally yes, as long as at least one spouse has lived in Florida for six months before filing. Florida courts routinely handle divorces for couples who married in another country.

Negotiated and mediated settlements limit how much is aired in open court. Agreements can be drafted to minimize sensitive detail, and certain financial information can be protected under court rules.

Divorces for Miami residents are filed in the Eleventh Judicial Circuit of Miami-Dade County. Family cases are heard at the Lawson E. Thomas Courthouse Center at 175 NW 1st Avenue in downtown Miami.

Often, at least in part. Equity granted for work performed during the marriage can be marital, even if it vests later. The grant terms and vesting schedule determine how it is divided, and vested equity may also count as income for support.

A lease is a contract with the landlord, so the options depend on its terms. Often one spouse stays and takes over the lease, or the couple agrees on how to end it. The court can address temporary use of the residence while the case is pending.

Unmarried fathers must first establish paternity. A paternity petition can ask the court to establish fatherhood and set a parenting plan, time-sharing schedule and child support at the same time.

No. A postnuptial agreement can address the same issues during the marriage. Florida courts enforce postnuptial agreements, but they review them closely, so full financial disclosure is essential.

Sometimes. Courts can allow one parent to remain in the marital home for a period, often until the youngest child reaches a milestone, when that serves the children. It depends on what the household can afford and on the rest of the property division.

The portion earned during the marriage is generally marital. Many plans require a separate court order, often called a QDRO, to divide the account without early-withdrawal penalties. Retirement savings from before the marriage are generally non-marital.

Not necessarily. Keeping children in their school is often a priority for parents and courts alike. The parenting plan and housing decisions can be built around that goal.

Florida requires at least 20 days between filing and the final judgment. Agreed cases can finish shortly after that; contested cases take longer, depending on disclosure, mediation and the court’s calendar.

Not legally, but an agreement involving a home, retirement accounts or children is worth having reviewed. Mistakes in a settlement are difficult and expensive to fix after the final judgment.

It is a written plan, approved by the court, covering time-sharing and parental responsibility. The court’s focus is the child’s best interests.

Not necessarily. Options include one spouse keeping the home and buying out the other, selling and dividing proceeds, or other arrangements, depending on finances and the children’s needs.

Expect to provide income records, tax returns, account statements, debts and expenses, using the court’s required financial affidavit and disclosure forms.

Generally when there has been a substantial, ongoing change in circumstances since the last order. Each situation depends on its facts.

Yes. Consultations and communication are available in English and Spanish.

South Miami is in Miami-Dade County, so divorce and custody cases are filed in the Eleventh Judicial Circuit. Family cases are heard at the Lawson E. Thomas Courthouse Center in downtown Miami, and many hearings can be handled remotely when the court allows.

It can be. A practice built during the marriage may be a marital asset, and Florida treats goodwill tied to the business itself as marital, while goodwill that depends on your personal skill generally is not. A qualified valuation is usually needed.

Not automatically. A home owned before the marriage is generally non-marital, but mortgage payments made with marital funds and appreciation tied to marital effort can create a marital share. The details of how the home was paid for matter.

Florida counts bonuses, commissions and similar compensation as income. When pay is irregular, the parties or the court usually average it over a period that reflects real earnings, which is often a key point of negotiation.

Rarely. Most Miami-Dade family cases settle through negotiation or mediation. Trial is reserved for the issues that can’t be resolved, and preparing for it seriously often leads to a better settlement.