Frequently asked questions
Plain-English answers about Florida family law and personal injury. If you don't find yours, ask us directly — the consultation is free.
General questions
Do I need a lawyer for a divorce in Florida?
Although Florida law does not strictly require an attorney, navigating the legal system on your own can be risky, especially if assets or children are involved. A divorce agreement is a legally binding court order; correcting mistakes later is often impossible or extremely expensive.
How much does a consultation cost?
I offer a free initial consultation for all personal injury cases. For family law matters, I offer a preliminary case evaluation to determine if we are the right fit for your situation before discussing any retainers.
What should I do immediately after a car accident?
First, ensure your safety and seek medical attention immediately, even if you feel fine. Call the police to file a report. If possible, document the scene with photos. It is crucial that you do not sign anything or accept any settlement from an insurance company without first speaking with a lawyer.
How is child custody determined in Florida?
Florida courts determine timesharing based on the "best interests of the child." This involves evaluating approximately 20 statutory factors, including the parents' mental and physical health, the child's established routine, and each parent's ability to facilitate a relationship with the other parent.
Personal Injury questions
Auto & Rideshare Accidents
What should I do immediately after a car accident?
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.
Who is liable in an Uber or Lyft accident?
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.
How long do I have to file a car accident claim in Florida?
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.
Negligent Security
Can I sue a property owner if I was attacked on their premises?
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.
What makes a crime ‘foreseeable’ in a negligent security case?
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.
What types of properties are commonly involved in negligent security cases?
Common locations include apartment complexes, hotels and motels, shopping centers and malls, parking garages and lots, nightclubs and bars, gas stations, and college campuses.
Premises Liability
What’s the difference between premises liability and a slip and fall case?
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.
Can I sue my landlord for unsafe living conditions?
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.
Who is responsible for a swimming pool accident?
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.
Slip & Fall
How do I prove the property owner was negligent?
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.
What if I was partially at fault for my fall?
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.
What compensation can I receive for a slip and fall?
You may be entitled to medical expenses (current and future), lost wages and earning capacity, pain and suffering, and in some cases, punitive damages.
Wrongful Death
Who can file a wrongful death claim in Florida?
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.
What types of incidents lead to wrongful death claims?
Wrongful death claims commonly arise from car accidents, medical malpractice, workplace accidents, defective products, nursing home negligence, and criminal acts.
How is compensation calculated in a wrongful death case?
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.
Family Law questions
Alimony & Spousal Support
What is alimony?
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.
Child Custody
How do courts determine child custody in Florida?
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.
Child Support
Can child support be modified after it’s set?
Yes. If circumstances change — such as job loss, pay raise, or changes in custody — support can be reviewed and adjusted.
Divorce & Separation
How long does the divorce process take?
Timelines depend on your situation. An uncontested divorce, where both parties agree on all terms, can be finalized in a few months.
What happens if we cannot agree on terms?
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.
Domestic Violence
What is a domestic violence injunction?
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.
Local questions
Kendall
Do you handle cases for clients in Kendall?
Yes. We represent clients throughout Kendall and the surrounding Miami-Dade County communities, in both family law and personal injury matters.
Do you offer consultations in Spanish?
Yes — hablamos español. Your consultation, and your entire case, can be handled in Spanish or English.
Where would my Kendall case be heard?
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.
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