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Father’s Rights, a Little Money Now Can Save a Huge Headache Later!

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Auto Accident Attorney Renee Dial

Auto Accident Attorney Renee Dial

Father’s Rights and Establishing Paternity, a Little Money Now Can Save a Huge Headache Later!

By: Renee Dial

Most fathers, especially teen fathers do not understand the legal system especially as it relates father’s rights and to children born when they are not married to the mother. This lack of knowledge can mean a lot of heartache and headache. Dedicate the time and money to establish your rights as a father today.  A little money today can save a huge headache later as well as lots of money. Read More

Can I Stop Paying Rent When My Landlord Won’t Fix Something?

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Personal Injury Lawyer Jeff Nuckols

Personal Injury Lawyer Jeff Nuckols

Can I Stop Paying Rent When My Landlord Won’t Fix Something?

By Jeffrey R. Nuckols, Esq.

You’ve been on time with rent. You keep your place clean. You’re a good neighbor. In short, you’re a model tenant. But now your landlord is not holding up his part of the deal. Your apartment or rental home needs a repair, and it is the kind of repair that the landlord is responsible for making. For example, your lease specifies that you are only responsible for repairs that cost no more than $100, but the roof has started leaking, and that’s going to cost more than $100. Let’s assume that the roof leak was not caused by the tenant. Click here to read more.

What’s Subrogation All About Anyway?

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Personal Injury Lawyer Jeff Nuckols

Personal Injury Lawyer Jeff Nuckols

What’s Subrogation All About Anyway?

By Jeffrey R. Nuckols, Esq.

If you are fortunate enough to have never been involved in a serious car crash or otherwise had to work with your insurance company to be compensated for losses, you might have never heard of subrogation. Or maybe you’ve heard of subrogation and wondered what it really means. If you already understand the subrogation concept, add your thoughts by commenting on this post. Otherwise, read on to learn a little about subrogation in the personal injury auto insurance context.

DO I NEED TO HAVE MY WILL REVIEWED WHEN I RELOCATE TO FLORIDA?

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Joseph Klein is a personal injury and estate planning lawyer in Brevard County Florida.

Joseph Klein is a personal injury and estate planning lawyer in Brevard County Florida.

By: Joseph S. Klein

Of course! When relocating to Florida permanently, there is more to benefit from than just the beautiful weather. While it is likely that the Florida probate court will honor the will you drafted in the previous State you resided. Florida offers many estate planning benefits that your prior State may have not. For example, Florida is one of the only States that offers homestead protection, which among other things protects your home from creditors. This only applies to your permanent residence, so if you owned your house in Florida before permanently moving here, then most likely your will does not take this into consideration. Another great example is that Florida doesn’t have an estate tax. Unfortunately, moving here doesn’t eliminate the Federal estate tax.

From an even simpler perspective, upon passing, the will must be probated. This is not a fun process in any State, but chances are your current will takes into consideration your previous State’s probate process and not Florida’s. In Florida, the individuals who witnessed you signing the will may be called to testify to its authenticity. In many instances, this can be avoided by having your witnesses complete an affidavit at the same time of your will signing. However, if this was not done, then it may be hard to get your witnesses to Florida and the probate process will take even longer. Additionally, even though your will may be valid in another State, there can be many reasons that invalidate it in Florida (see valid will requirements). This would be the worst case scenario and means that you would die intestate. When you die intestate, your estate is devised based on Florida’s probate laws and not your final wishes. For example, if you wanted to leave something to someone special who is not related to you, most likely they will be left out.

At DKN Legal, PLLC, we want to help you and place your mind at ease that your final wishes will truly be honored and provide relief from the stress that your loved ones are experiencing. Call today to schedule your free estate planning review.

CONTINGENT ATTORNEY'S FEES IN AUTO CRASH CASES

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Contingent Attorney’s Fees

Auto Accident Attorney Renee Dial

Auto Accident Attorney Renee Dial

By: Renee Dial

As an attorney that frequently deals with attorney fee structures I often find myself assuming that the client knows what I am talking about. I explain the fee structure to the client but the client may not understand exactly what I mean.

The Florida Bar allow attorneys, that represent clients in personal injury cases such as auto accident, motorcycle accidents, bicycle accidents, and slip and fall accidents, to charge 33 1/3% of what is recovered for the client.  There are some other percentages from the Florida Bar outlined below. READ MORE

What is Comparative Fault and How Does it Impact my Melbourne, Florida Auto Accident

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What is comparative fault and how does it impact my auto accident or motorcycle accident claim?

Palm Bay motorcycle accident attorney Renee Dial

Palm Bay motorcycle accident attorney Renee Dial

By: Renee Dial

States vary on their versions of fault, however, Florida is a pure comparative fault state.  What this means is that you and the other party can both be at fault for an accident and your percentage of fault reduces your recovery.

Florida statute 768.81

“(2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery.

Click Here to Read More

Equitable Distribution Does Not Always Mean Equal Distribution in Divorce

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Equitable Distribution Does Not Always Mean Equal Distribution

Divorce Aisha White

Divorce Attorney, Family law attorney, Child Support attorney Aisha White

By: Aisha S. White

We have all seen scandalous stories in the news and tabloids about unhappily married celebrity couples fighting over marital property during their divorce.  Couples end up fighting over the checking account, money, 401Ks, pensions, cars, investment accounts, and even cats and dogs!  How does the court figure out who gets what from the marriage? First, the court must make a determination as to what is “marital assets and liabilities” and what is “non-marital assets and liabilities” as defined in Florida Statute 61.075. The classification of a divorcing party’s assets and liabilities is the starting point for determining who walks away with what from the marriage. This may not always be a clear cut determination, because some assets may start off as non-marital or pre-marital assets, and due to certain actions taken during the marriage, the asset may have been converted to a marital asset.

Many Floridians believe that when parties file for a divorce, their marital assets and liabilities are automatically split right down the middle. That scenario could take place.  However, that is not always the case, and if requested, the court can actually order an “unequal” distribution if supported by the appropriate findings.  Per Florida Statute 61.075(1), “the court must begin with the premise that distribution should be equal, unless there is a justification for unequal distribution…”  When considering whether there should be an unequal distribution, the court will consider the list of factors listed in Florida Statute 61.075(1)(a-j) .

Just to name a few, some of the factors to be considered by the court are: the length of the marriage, the economic circumstances of the parties, any interruption of personal careers or educational opportunities, and the contribution to the marriage by each party.  There are several other factors that the court may consider as well.

If you desire an unequal distribution of marital assets and liabilities, it must be pled or else it is waived.  When determining whether an unequal distribution is proper, the court decree must also note findings based on the factors listed in Florida Statute 61.075.  If you need assistance with a divorce, please do not hesitate to contact DKN Legal, PLLC at 321-329-5449 to schedule a consultation.

Nothing in this article should be construed as legal advice nor as forming an attorney-client relationship or any other form of legal representation. Consult with an attorney at DKN Legal or another attorney of your choice for legal advice.

Is it Your Fault for Rear Ending Someone in a Rear End Crash?

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Is it Your Fault for Rear Ending Someone in a Rear End Crash?

Auto Accident Attorney Renee Dial

Auto Accident Attorney Renee Dial

Is It Your Fault for Rear Ending Someone in a rear end crash?

By: Renee Dial

I have actually had clients with this same issue.  Most assume that when they rear end someone causing a rear end crash that the law states that it is their fault.  This is incorrect thinking and the car in front that caused the car accident may be responsible for your injuries so you should call a Melbourne and Palm Bay Florida car accident attorney at DKN Legal to help you fight the insurance company and in some cases the citation.

In auto accident cases drivers have a duty to use reasonable care and if they do not use reasonable care then they may be negligent even if they are the lead car in a rear end crash.  The Standard Jury Instruction for Negligence is below.

Negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances.” Read More

Safe Car Information from safercar.gov

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Safe Car Information from safercar.gov

Personal Injury Lawyer Jeff Nuckols

Personal Injury Lawyer Jeff Nuckols

Safe Car Information from safercar.gov

By Jeffrey R. Nuckols, Esq.

We are all interested in the safety of cars on our roads and that we drive and ride in. You have probably heard or read about five star safety ratings. Well, did you know that you can look up the five star safety rating of cars, trucks, vans, and SUVs online? There is a great resource for that brought to you by the National Highway Traffic Safety Administration. You can find it at safercar.gov. On that web site you can navigate to the Vehicle Shoppers tab and then to the Search 5-Star Safety Ratings link, or just click here. There you can look up a car or compare safety ratings of two vehicles. Click on the title above for more.

Was I injured in an Auto Collision?

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Personal Injury Attorney Renee Dial

Personal Injury Attorney Renee Dial

By: Renee Dial

Was I injured in a crash? I was watching the Tonight Show and Jimmy Fallon mentioned the collision between the beer truck and the Frito Lay truck.  A quick search of the internet and multiple websites and this collision was news gold! “Beer Truck Collides with Chip Truck, Making Frat Boy Dreams Come True”.  To place everyone at ease these reporters always mention that no one was injured.  My train of thought, as a personal injury attorney, is always what do they mean by “not injured.”

What do most people consider an injury “at the scene”? This is an easy question for me to answer but not so easy for many others.  It seems, that their definition is that you are not injured in a crash if you do not have broken bones extruding through the skin or that you were not incapacitated at the scene. Click Here to Read More.