Question 1

What are common legal disputes in Florida construction projects?

Accepted Answer

Common disputes involve unpaid fees leading to construction liens, breaches of contract, defective construction work, delays or changes in project scope, and payment disputes between contractors, subcontractors, and property owners.

Question 2

What is the statute of limitations for construction defect claims in Florida?

Accepted Answer

Construction defect lawsuits generally must be filed within four years of discovering the defect, but no later than seven years (statute of repose) after project completion or certificate issuance. Timely action is critical to protect your rights.

Question 3

What are the pre-suit requirements for construction defect claims in Florida?

Accepted Answer

Florida law requires a written notice of defects to the liable party with an opportunity to inspect and cure defects before a lawsuit can be filed. Knowing these procedures is essential to comply with the law and preserve your rights.

Question 4

When should I hire a business litigation attorney instead of trying to handle the dispute myself?

Accepted Answer

Hiring an attorney is advisable when the dispute involves significant financial risk, complex legal issues, or when informal negotiations fail. Experienced lawyers help assess the case’s strengths and weaknesses, develop effective strategies, handle communications, and represent clients in court or arbitration.

Question 5

What remedies can I expect if my business wins a litigation case?

Accepted Answer

Possible remedies include monetary damages, restitution, injunctions to prevent certain actions, specific performance of contracts, or declaratory judgments. The goal is to recover losses or enforce rights harmed by the opposing party’s conduct.

Question 6

What types of business disputes commonly lead to litigation in Florida?

Accepted Answer

Common disputes include breach of contract, fiduciary duty breaches, business torts like fraud or interference, shareholder and partnership disagreements, intellectual property issues, and employment law conflicts. These disputes often require skilled legal representation to protect business interests in court or negotiations.

Question 7

What protections does the Florida Homestead Exemption provide to homeowners?

Accepted Answer

The Florida Homestead Exemption protects a Florida resident’s primary home from most creditor judgments and forced sale, preventing creditors from placing liens on the property. However, certain exceptions exist, such as for state taxes, property taxes, and IRS liens.

Question 8

What can I do if the other party breaches the real estate purchase contract?

Accepted Answer

If the buyer or seller fails to perform their obligations under the contract, such as failing to close on time or not disclosing property defects, legal remedies include suing for breach of contract, specific performance to compel closing, or seeking damages. An attorney can help evaluate the contract terms and pursue the best course of action to protect your interests.

Question 9

What is a partition action, and when is it necessary?

Accepted Answer

A partition action is a legal lawsuit filed by one or more co-owners of real property who cannot agree on how to manage, divide, or sell the property. It is governed by Chapter 64 of the Florida Statutes. When co-owners disagree on issues such as selling the property or physically dividing it, one owner can file a partition suit to force either a sale of the property with proceeds divided by ownership shares. Partition actions ensure that co-owners can end joint ownership and receive their fair share, especially when amicable agreements are not possible. Such cases are filed in the county where the property is located and often require an experienced attorney to navigate the complex process.

Question 10

What are the grounds for divorce in Florida?

Accepted Answer

Florida is a "no-fault" divorce state, meaning the only ground required is that the marriage is "irretrievably broken," indicating the relationship cannot be repaired. Mental incapacity of a spouse can also be grounds but is less common.

Question 11

How is marital property divided in a Florida divorce?

Accepted Answer

Florida follows the principle of equitable distribution, where marital assets and debts are divided fairly but not necessarily equally. Courts consider factors like the duration of the marriage, financial contributions, and economic circumstances of both spouses.

Question 12

When should I hire a divorce attorney instead of handling the process myself?

Accepted Answer

Hiring an attorney is advisable if the divorce involves complex issues like contested custody, significant asset division, alimony disputes, or if you want to ensure your rights are fully protected. We often encounter clients that do a divorce themselves, only to run into problems later because they left out important considerations in a marital settlement agreement or timesharing plan. We then have to go back and spend significant time trying to remedy a problem that could have been easily dealt with if an attorney was involved. In any case involving children or significant assets, we always recommend having an attorney advise on the case and draft the documents.

Question 13

How long do I have to file a personal injury claim in Florida?

Accepted Answer

Most personal injury claims must be filed within 2 years of the accident (§95.11(4), Fla. Stat.). Some cases, such as wrongful death, medical malpractice, or claims against government agencies, may have different timeframes or presuit requirements.

Question 14

What if I am partially at fault for my accident?

Accepted Answer

Florida follows modified comparative negligence (§768.81, Fla. Stat.). If you are less than 50% at fault, you may still recover damages, reduced by your percentage of fault. If you are more than 50% responsible, you cannot recover compensation.

Question 15

Do I need to give notice before filing a lawsuit?

Accepted Answer

Yes, for certain cases:

- Government claims – written notice to the agency and the Florida Department of Financial Services (§768.28, Fla. Stat.). 
- Medical malpractice – presuit notice and an expert affidavit (§766.106, Fla. Stat.).
- Other negligence cases usually do not require presuit notice.

Question 16

How does Florida determine child custody and support during a divorce?

Accepted Answer

Custody decisions are made based on the "best interests of the child," and Florida courts usually order shared parental responsibility unless detrimental to the child. Child support is calculated using state guidelines considering income and needs.

Question 17

Can child custody orders be modified after a divorce?

Accepted Answer

Yes, custody orders can be modified if there is a substantial change in circumstances affecting the child's welfare. Either parent can request the court to review and change the custody arrangement if it serves the child's best interests. This process is initiated through filing of a Petition for Modification.

Question 18

How is child support calculated in Florida divorce cases?

Accepted Answer

Child support is calculated using Florida’s Child Support Guidelines, which consider the parents’ incomes, healthcare costs, daycare expenses, and the amount of time each parent spends with the child. The goal is to ensure the child's financial needs are adequately met.

Question 19

Are all businesses in Florida required to comply with consumer protection laws?

Accepted Answer

Yes, all businesses operating in Florida, regardless of size or industry, must comply with state consumer protection laws to ensure transparency, honesty, and fairness toward consumers. Florida laws protect consumers against unfair, deceptive, and fraudulent business practices. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) prohibits misleading advertising, false claims, privacy violations, and hidden fees.

Question 20

What is the required process before filing a consumer protection lawsuit against a motor vehicle dealer in Florida?

Accepted Answer

Florida law requires a consumer to send a written demand letter to the dealer at least 30 days before filing a lawsuit. The letter must include the claimant’s contact info, the dealer’s contact info, details of the claim, damages sought, and relevant documents. See Fla. Stat. § 501.98.

Question 21

What remedies can be sought through consumer protection litigation?

Accepted Answer

Consumers may recover damages, restitution, injunctive relief to stop unfair practices, and attorney fees. The Florida Deceptive and Unfair Trade Practices Act provides legal avenues to challenge and remedy deceptive business conduct.

Question 22

What is the statute of limitations for nursing home abuse claims in Florida?

Accepted Answer

Typically, lawsuits must be filed within 2 years from the date the abuse was discovered or should have been discovered. However, the claim must be filed within 4 years regardless. Missing these deadlines can result in case dismissal. See Fla. Stat. § 95.11. Even if a plaintiff has plenty of time before the statute of limitations expires, specific steps should be taken as soon as possible. If there are physical injuries, photographs of the injuries can be taken and presented in a claim as evidence.

Question 23

Are there pre-suit requirements before filing a nursing home abuse lawsuit?

Accepted Answer

Yes, Florida law requires sending a pre-suit notice letter by certified mail at least 75 days before filing the lawsuit. This notice allows investigation and potential settlement discussions, possibly including mediation. The pre-suit notice must conform to the requirements of either Chapter 400, Florida Statutes (for nursing homes) or Chapter 429, Florida Statutes (for assisted living facilities).

Question 24

Why is it important to hire an experienced nursing home abuse attorney?

Accepted Answer

An experienced attorney understands complex pre-suit, notice and litigation requirements, collects and presents evidence effectively, and advocates aggressively for maximum compensation while alleviating family stress during a difficult time.

Question 25

What is arbitration?

Accepted Answer

Arbitration is a formal dispute resolution process where a neutral third party called an arbitrator hears evidence and arguments from both sides and then makes a binding or non-binding decision to resolve the dispute.

Question 26

What is mediation?

Accepted Answer

Mediation is an informal, voluntary process where a neutral mediator facilitates communication between disputing parties to help them negotiate a mutually acceptable settlement. The mediator does not have any power such as a judge does, and does not impose a ruling or decision regarding the case.

Question 27

How does arbitration differ from mediation?

Accepted Answer

Arbitration results in a decision made by the arbitrator that can be binding, whereas mediation relies on the parties to reach an agreement voluntarily. Arbitration is more like a mini-trial, while mediation focuses on collaboration and problem-solving.

Question 28

What is estate planning and why is it important in Florida?

Accepted Answer

Estate planning is the process of arranging how your assets and affairs will be managed and distributed after your death or incapacity. In Florida, it is important to protect assets, provide for loved ones, minimize taxes, and avoid probate complications. Without an estate plan, Florida’s intestacy laws determine asset distribution, which may not match your wishes.

Question 29

What are the essential documents for Florida estate planning?

Accepted Answer

The key documents include a Will to specify asset distribution and name an executor, Durable Power of Attorney to handle financial matters if incapacitated, a Health Care Surrogate to make medical decisions, and a Living Will stating your end-of-life treatment preferences. These documents help ensure your wishes are legally followed.

Question 30

How often should I update my Florida estate plan?

Accepted Answer

It is recommended to review and update your estate plan every 3 to 5 years or after major life changes such as marriage, divorce, births, deaths, or financial changes. Keeping your plan current ensures your documents reflect your latest wishes and circumstances.

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Adam Hill

Construction Law

Business Law

Real Estate Law

Divorce

Personal Injury

Family Law

Consumer Law

Nursing Home Abuse

Arbitration & Mediation

Estate Planning