Videos

New Case Clarifies Statute of Limitations in Florida Child Sexual Abuse Cases

Some of the most frequent questions we receive as Florida Child Sexual Abuse attorneys deal with the Statute of Limitations.  Many adults who were sexually abused as children question whether they can pursue a claim for damages, and seek compensation for their physical, emotional, and mental pain and suffering. In 2010, the Florida Legislature passed Section 95.11(9), Florida Statutes. This subsection essentially did away with the Statute of Limitations defense for any claims arising out of sexual abuse in Florida for acts of abuse occurring after July 1, 2010.  For the past several years, there were questions about what would happen in claims that were legally valid  before July 1, 2010, but where suit had not been filed for one reason or another. Recently the Florida Fourth District Court of Appeals issued an opinion adddressing this subject.  See my commentary here: Or course, this still leaves open questions regarding whether a claim was “valid” on July 1, 2010.  The solution to these questions is not so easy.  The validity of each claim will be extremely dependent upon the facts and circumstances of each case — and particularly the age of the victim at the time of the abuse, as well as the time frame within which the abuse occurred. We are happy to confidentially review the facts of circumstances of your potential case. If you have a question regarding any issues arising out of a Florida child sexual abuse case, please call our office at...

What Is A Motion To Dismiss In A Florida Personal Injury Case?

Not every personal injury case that we handle requires that a lawsuit is filed, but when our clients are involved in lawsuits they often have questions about exactly what a Motion To Dismiss is in a Florida personal injury case. Motions to Dismiss are generally filed to test the legal sufficiency of a plaintiff’s Complaint.  In Florida, the Complaint is the initial document that a plaintiff files in order to start a lawsuit.  Complaints may also be called Petitions, and are referred to in other ways in other states. A Motion to Dismiss essentially asks a judge to strictly examine the contents of the Complaint, only.  A judge may not consider any evidence that may or may not be admitted into the underlying case. Motions to Dismiss are generally technical, legal motions, and usually only involve the lawyers involved in the case. Motions to Dismiss are usually not dispositive – in other words, they are usually not fatal or final (at least in the beginning.) Judges will almost always allow plaintiffs to cure any defect that the judge might find in the Complaint.  However, if the the plaintiff cannot cure problems in the Complaint after several tries, a judge can dismiss the case with finality. If you have any questions regarding a Motion to Dismiss, or litigation in Florida personal injury cases in general, please call us at...

How Will My Vehicle Repairs Be Handled After My Florida Car Accident?

Many of our Florida car accident clients ask this question when they first come to see us.  They are justifiably very concerned about how their vehicle repairs are going to handled after a Florida car accident, or who is going to pay if their vehicle is considered a total loss. The answers to these questions or concerns depend upon what kind of insurance coverage there is, and the facts and circumstances of the car crash, itself.   As long as the other driver (or really, his or her insurance company) accepts fault or responsibility for causing the crash, the other driver’s Property Damage coverage should pay for all repairs, or the total loss of the victim’s vehicle.  In addition, the at-fault insurance company — again under the Property Damage coverage of the negligent driver — will also pay for a rental vehicle while the damaged vehicle is being repaired, or until a replacement vehicle can be found (as long as this length of time is reasonable.  In Florida, every vehicle owner is required by law to carry Property Damage coverage (although the amount of coverage required by law is low, and often not enough to repair or replace a luxury vehicle or nice sports car.) However, there may be times when it is impractical to work with the other driver’s insurance company.  For example, the company may deny that its insured caused the crash, or may drag its feet in having an adjuster or appraiser look at the vehicle. This is where Collision coverage — which is an optional coverage in Florida — can become very handy.  Collision coverage pays...

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