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The 9 Things Not To Do During a Divorce Case

A divorce is a delicate time where everything you do (or don’t do) can be scrutinized and used against you. While this may sound intimidating, you won’t have to worry if you know the things not to do during a divorce case.

Knowing how to handle yourself and your relationships, finances, and legal strategy during a divorce can make the process run more smoothly, cost less, and end more quickly.

What Not To Do During a Divorce Case

Whether you are the one who filed for divorce or you have had divorce papers served on you, here are the nine things not to do during a divorce case.

#1) Don’t let your emotions drive you.

It’s no secret that a divorce can be stressful. You are getting ready to go through a life-changing event. Take time to process the situation so you can work to take your emotions out of it. Bringing emotions into your case will make it more difficult and can cloud your judgment when it comes to negotiations.

Related: How Long Does It Take to Get a Divorce?

#2) Don’t make significant financial moves.

One of the most important things not to do during a divorce case is make major money moves. During your divorce, your finances — both your assets and liabilities — will be looked at closely and used to determine the terms of your divorce. Any major changes can cause delays and complications in the process.

  • Don’t drain bank accounts
  • Don’t make large purchases.
  • Don’t sell any assets.
  • Don’t take on any new debt.
  • Don’t try to hide money in separate accounts.

#3) Don’t harass your spouse. 

It should go without saying that you should never harass your spouse. As mentioned above, divorces can cause emotions to run high, but you never want your emotions to cause you to confront your spouse, whether by showing up in person or by calling or messaging them. Any unruly behavior can be used by your spouse to cast you in a negative light and make a strong claim for their side of the case.

#4) Don’t pull your kids into it.

Kids are innocent bystanders in a divorce. Do everything you can to keep them out of it and away from the associated stress. Don’t use them as pawns or as tools to punish your spouse. Don’t talk badly about your spouse in front of your kids, and never withhold visitation rights. Also, keep any new partners away from your kids. (In fact, you might want to avoid finding a new partner until your divorce is over.)

#5) Don’t share divorce details on the internet.

Just as you want to keep kids out of your divorce, you also want to keep your friends and family and the public out of it. An important thing not to do during a divorce is post about your situation or spouse on the internet or social media. Keep in mind that everything you post publicly can be used by your spouse to support their case against you.

#6) Don’t get another baby involved.

A new baby — whether conceived within the existing partnership or with another partner outside of the marriage — can seriously complicate a divorce case. Don’t get pregnant or get another person pregnant while in the middle of a divorce. Judges may look down on a pregnancy outside of the marriage, and a new baby between partners can lead to a longer process and more complicated mediation.

Related: 6 Ways to Prepare for Divorce Mediation

#7) Don’t take divorce advice from family and friends.

When you go through a divorce, it’s likely that other people in your life who have been divorced will want to offer pieces of advice. Take everything they say with a grain of salt. Every divorce is unique and not everyone is an expert. The best person to rely on for advice is your divorce attorney.

#8) Don’t hide anything from your attorney.

Your divorce attorney is on your side, and they will do whatever they can to fight for your best interest. But, they can’t do that if they don’t have all of the information. From your first meeting with a divorce attorney, you should be completely open and honest. Trying to hide anything from them can only come back to hurt your case.

#9) Don’t talk to your spouse’s attorney.

Your spouse’s attorney is not on your side, and they will do whatever they can to fight for your spouse’s best interest. If they approach you and want to discuss your divorce case, don’t do it. Always leave the communication to your attorney and let your representation handle any negotiations with the other side.

Let an Experienced Attorney Guide You Through Your Divorce

Without the right advice, it can be easy to make mistakes as you go through a divorce. With these tips, you know the top things not to do during a divorce. Now, find out what you should do during a divorce.

Get an experienced divorce attorney to guide you through the process. Contact TJ Grimaldi today to get your free consultation. Schedule or call 813-226-1023 today.

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Workplace Accidents: Is It Workers’ Comp or Personal Injury?

If you have been involved in a workplace accident, you might be confused about what to do next. You may be aware that filing a workers’ comp or personal injury case can help you collect compensation that is owed to you to cover your expenses. But, you might not be sure what is the best approach for your situation.

To help guide you through a workplace accident, consider the difference between workers’ comp and personal injury and see what is right for you.

What Is Workers’ Comp?

Workers’ comp, or workers’ compensation, is a type of insurance an employer has to cover expenses if a worker gets sick or injured on the job. Workers’ comp typically covers the cost of medical care and lost wages for the injured or sick employee. It may also pay out funeral costs and death benefits to the family if the employee is killed.

Employees can file a worker’s comp claim only if their injury or illness was caused by the duties of their job. For example, a worker can file a workers’ comp claim if they slip and fall from a ladder while performing an on-the-job task.

Employers are responsible for carrying workers’ comp insurance. Each state has varying rules and regulations regarding workers’ comp and an employer’s responsibility for providing it.

Workers’ comp offers some protection to both the employer and employees. It protects employees by ensuring that they receive compensation if they are injured at work. It protects employers by protecting their assets in the event that an employee is injured. Workers’ comp insurance protects an employer from their employees filing a lawsuit against them (or other workers).

Related: Think You Have a Slip and Fall Case? Take These 7 Steps

What Is Personal Injury?

Personal injury is a type of legal case that involves a party who was injured (the plaintiff) due to the negligence of another party (the defendant). In a personal injury case, the plaintiff was injured and incurred expenses such as medical costs and lost wages as a result of the injury. The injured party may have also incurred damages related to pain and suffering, loss of future income, and long-term care costs.

In a personal injury case, the plaintiff must prove that the injury was a cause of negligence and that it directly led to the injury and damages. There are many types of personal injury cases such as auto accidents, medical negligence, product liability, and animal attacks.

The personal injury cases that have a blurry line with workers’ comp cases often relate to slip-and-falls and premises liability. In these cases, a worker was injured at work, but it may also fit some of the criteria for a personal injury case.

Related: 6 of the Most Commonly Asked Questions About Personal Injury   

What’s the Difference Between Workers’ Comp and Personal Injury?

There are a few primary differences between a personal injury case and a workers’ comp case.

You must be able to prove fault in a personal injury case. If no one is at fault (or you cannot prove that someone’s negligence led to the accident), you do not have grounds for a personal injury case.

You do not need to prove fault in a workers’ comp case. In most situations (there are some exceptions), workers injured on the job are eligible for workers’ comp regardless of who is at fault. The injured party does not need to prove that there was an at-fault party.

Workers’ comp does not cover pain and suffering damages. Personal injury does. Pain and suffering damages refer to non-monetary harm such as physical disfigurement or deformities, emotional trauma, loss of consortium, damages to lifestyle, and debilitating long-term physical impairments. A personal injury case may provide damages related to pain and suffering, whereas a workers’ comp case will not.

Should I File a Workers’ Comp or Personal Injury Case?

If you were involved in a workplace accident, you might be wondering if you have a personal injury case or a workers’ comp case.

In most cases, you will have a workers’ comp case if you are injured at work, but you may also have grounds for a personal injury case if:

  • There was intentional or malicious activity that caused your injury.
  • The negligence that led to your accident was linked to an illegal or intoxicating substance.
  • A third-party not affiliated with your employer caused the accident.
  • Your employer did not carry workers’ comp insurance.
  • Your injury was caused by a defective product used while at work.

Related: Personal Injury Compensation: What Can You Fight For?

How to Move Forward with a Personal Injury Case

If you believe your accident was not a case for workers’ comp and you are looking to sue for personal injury, TJ Grimaldi is here to help.

TJ Grimaldi is an experienced personal injury and slip and fall attorney who knows what it takes to go up against insurance companies and fight to get what is rightfully yours. Don’t let insurance companies nickel and dime you in your settlement. Work with TJ to get the full compensation you deserve.

All consultations are free. Call today to see how TJ can help. Schedule your free consultation or call 813-226-1023.

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Can I Change Lawyers in the Middle of a Case?

As a defendant or plaintiff in a legal case, you have certain rights, and one of those rights is to choose which lawyer works on your case. If you are unhappy with your attorney, you almost always have the right to change lawyers in the middle of a case.

If you have already started a legal case and are unhappy with your representation, here is what you need to know about changing lawyers.

Can I Change Lawyers in the Middle of a Case?

In most cases, yes, you can change lawyers in the middle of a case.

As a defendant or plaintiff, you are in charge of your case. Your lawyer represents you, and you are ultimately in control. Your lawyer can make suggestions, but you decide what you feel is the best way to approach your case. If you are not satisfied with the way your lawyer is handling your case, you can change attorneys in most situations.

Are There Limitations to Changing Lawyers?

There are some limitations when it comes to changing lawyers in the middle of a legal case.

Depending on how far along your case is, a judge may need to approve your decision to change attorneys. In many cases, judges are open to allowing the change. But, there are times when a judge may not approve your changes. This could happen if:

  • The case is too far along in the court process
  • The judge feels the change is a stalling tactic
  • You have already changed attorney multiple times

A judge is likely to approve the change if you have good reasons for why you want to seek new representation.

What Is a Good Reason to Change Lawyers?

Deciding whether or not to change attorneys in the middle of a case shouldn’t be a decision that you take lightly. Changing attorneys can cause a disruption to your case, can cause you to incur additional attorney’s fees, and may delay your case.

Yet, there are good reasons why you may want to change attorneys during a case. You may want to seek new representation if you find yourself in one or more of the following situations.

  • Your lawyer’s strategy doesn’t make sense.
  • You don’t agree with your lawyer’s strategy and want to take a different approach.
  • Your lawyer is not responding to your calls or messages.
  • Your lawyer is not adequately explaining the details of your case to you.
  • Your case has stalled.
  • Your lawyer doesn’t have the resources to adequately manage your case.
  • You don’t trust your lawyer.
  • You don’t get along with your attorney.
  • Your lawyer has made multiple errors on your case.
  • Your attorney has died or been disbarred.

Related: Get Good Legal Representation by Asking This One Question

What If My Attorney Drops Me?

Just as you have the right to stop working with an attorney, they have the right to stop working with you. An attorney can drop you as a client. While the American Bar Association encourages attorneys to finish the cases they take on, there are circumstances when an attorney may drop a client.

In those cases, your case is still active, and you will need to find another attorney to take on your case.

What Do I Do if I Want to Change Lawyers?

If you are thinking about changing attorneys, follow this process.

#1) Weigh the pros and cons. Remember, changing attorneys comes with both benefits and disadvantages. Before you make the decision, take time to consider your options. Weigh the pros and cons to determine if you are better off sticking with your current attorney or starting over with a new one.

#2) Read the contract you have with your current attorney. Refer back to the contract you signed when you retained your current attorney. There may be clauses related to changing attorneys. Review it to see if there are specific processes you must follow or fees you must pay.

#3) Talk to potential new attorneys. Before you decide to break ties with your existing attorney, take a few free consultations with other attorneys. Share the details of your case and explain why you would like to seek new representation. Use what you learn in the free consultations to help you decide if seeking new representation is really your best option.

Related: What to Ask During a Free Consultation with a Lawyer

#4) Talk to your attorney. In some cases, you may be able to resolve the issues with your current attorney by having a conversation and working through the problems. Talk to your current attorney about the issues you are having and look for a way to resolve the problems before hiring a new lawyer.

#5) Retain a new attorney who will manage the change for you. If you find that you cannot reconcile the differences between you and your current attorney, take steps to hire another attorney. The newly hired attorney will manage the switch for you. They will file the proper legal documents and work with your other attorney to transfer documents.

Do I Have to Pay Both Attorneys?

If you change attorneys during a case, both attorneys have a right to compensation. You may need to pay your initial attorney for the work he or she has already completed. If you are in a contingency case (such as a personal injury case where your attorney is paid when you receive a settlement), your previous attorney may split the fees with your new attorney.

Related: How Much Does an Attorney Cost? 8 Questions to Consider   

Are You Looking to Change Lawyers?

If you are in the middle of a legal case and not satisfied with your attorney, we’re here to help. Schedule a free consultation with TJ Grimaldi to find out if he can take over your case and offer the excellent, experienced representation you deserve.

Schedule your free consultation or call 813-226-1023 today.

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Florida Is a No-Fault State & What That Means For Auto Accidents

If you’ve heard that Florida is a no-fault state when it comes to auto accidents, you might be confused about what that means. The phrasing “no-fault” leads many people to misunderstanding the law.

Here is what you need to know about Florida being a no-fault state and what it means for you if you have been injured in an auto accident.

The Difference Between Fault and No-Fault States

A state is typically considered either a fault or no-fault state when it comes to auto accidents.

Fault States

Most states are considered “fault states.” They operate in a tort insurance system. In a fault state, the driver who caused the accident is responsible for damages incurred by the injured party.

Fault is typically determined by a police officer who uses evidence such as witness statements and on-site details to explain what they believe happened. If a party doesn’t believe they are at-fault, they can create a legal argument to prove that they did not cause the accident.

The insurance company for the at-fault party pays the damages for other involved parties. If the insurance company does not cover all of the losses, the injured party can file a personal injury lawsuit against the at-fault driver.

No-Fault States

Twelve states are considered “no-fault states.” In these states, the party responsible for the accident is not necessarily responsible for paying for damages incurred by the injured party. Both parties use their own insurance to cover their damages.

In these states, drivers must have Personal Injury Protection (PIP) auto insurance. Drivers insure themselves to protect themselves from the financial costs of being in an accident. PIP insurance covers damages for the driver whether they are at-fault or not. PIP insurance typically covers the costs of medical fees, lost wages, and funeral costs.

No-fault insurance is intended to make it easier and faster for injured parties to receive financial compensation. Each driver’s insurance is responsible for their claims, lessening the need for litigation and negotiation between two parties. This design does not mean that litigation is never involved in a no-fault state. Parties who believe they have not received fair and adequate damages can bring litigation against their insurance company.

Florida Is a No-Fault State

Florida is a no-fault state. Other no-fault states include Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

Related: What To Do After a Car Accident That’s Not Your Fault 

What Does It Mean If You’re Injured in a No-Fault State?

If you have been injured in an accident in Florida, an experienced car accident lawyer can help you determine what that means for your unique situation. In most cases, it means the following.

Seek medical treatment right away. Under most PIP coverage, an injured party is required to seek medical treatment within 14 days of their accident. If you don’t, your insurance may try and deny your claim. If you are injured in an auto accident, it is always recommended to immediately seek medical treatment.

Related: Injured in a Car Accident? Here’s What You Need to Do Right Away.

Your insurance company is responsible for damages. In a no-fault state, your insurance company is responsible for compensating you for personal injury damages as they relate to medical expenses, lost wages, and funeral costs.

You don’t need an attorney to receive compensations from your insurance company — but it is a good idea to seek representation. While you can file a claim with your insurance company on your own, it is a good idea to work with an attorney if you have been injured in an auto accident. Insurance companies are set up to provide injured parties with the lowest amount of compensation possible. An attorney will fight for you to ensure that you get the full settlement you deserve.

Related: Personal Injury Compensation: What Can You Fight For?

You can still file a personal injury lawsuit against a negligent driver. Even in a no-fault state, you can still sue for personal injury if you suffered serious and/or permanent injuries during an auto accident that wasn’t your fault. In the event that the negligence of another driver left you with long-term damages, you can seek additional damages from the at-fault party. An auto accident attorney can help you file a lawsuit and negotiate a settlement that covers damages related to:

  • Medical expenses beyond your PIP limit
  • Lost wages
  • Loss of future income
  • Property damage
  • Pain and suffering
  • Emotional trauma

Talk to an Auto Accident Attorney in Florida

Dealing with insurance companies after an accident can be confusing and stressful. Don’t put pressure on yourself to figure it out on your own.

If you have been injured in a car accident in Florida, talk to an experienced personal injury attorney who can help you sort through the legal guidelines and ensure that you get what is fair and due to you from your insurance company.

Schedule a consultation with TJ Grimaldi to see how we can help you with your case. All consultations are free so schedule or call 813-226-1023 today.

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How to Prepare for a Personal Injury Deposition

Part of going through the legal process for a personal injury is telling your story. One way you will share what happened to you and how the results of the accident impacted your life is through a personal injury deposition.

What Is a Personal Injury Deposition?

A deposition is a part of the legal process wherein a plaintiff, defendant, or witness gives sworn testimony. The witness is under oath and compelled to answer questions from both sides of a legal dispute. Depositions are held at a lawyer’s office or in a nearby courthouse. A court reporter is usually present during a deposition and responsible for transcribing the interview into a print document.

A personal injury deposition typically takes place in the discovery phase — the time after the lawsuit has been filed and before a settlement is made. The personal injury deposition is used to collect facts and evidence about the case.

If you are the injured party in a personal injury case, a deposition will be very important to your case. It is your opportunity to prove points of your case and provide information about how the injury happened and how it has impacted your life.

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

How To Prepare for a Personal Injury Deposition

Don’t go into a deposition unprepared. Work with a personal injury attorney to prepare so you feel confident and comfortable going into the deposition.

Write down your story. Going into your deposition, you should know the details of your story inside and out. To help you remember each detail and fact, write down your story to get everything out on paper. Recount:

  • Details of the accident
  • Injury and damage descriptions
  • Life after the accident

(Note: You may not be able to take your notes to the deposition as they could be considered as evidence. Look for guidance from your attorney about whether or not to bring notes to your deposition.)

Review weak points in your case. If you are the one who has sued for personal injury, the other party is going to do what they can to try and fight your case. They are going to look for weak points in your story to help their case. Before your personal injury deposition, review the points that you believe the other side will try to make. Prepare answers for those questions, and be ready for the defense attorney to push you on issues that will show weaknesses in your story.

Practice. One of the benefits of working with an experienced personal injury attorney is that they will know what to expect during a deposition and help you practice for what it will be like. Go through mock depositions so you feel comfortable fielding questions and giving your answers.

Get rest the day before. You want to be well-rested and clear-headed the day of your personal injury deposition. The day before, take care of yourself and get a good night of sleep.

Related: Think You Have a Slip and Fall Case? Take These 7 Steps

Tips for Getting Through Your Deposition

Planning ahead is one of the best tips for getting through a personal injury deposition. Use these other best practices to successfully navigate the process.

Take your time. Don’t rush through the questioning. When asked a question, take a moment to run it through your head. Before you speak, make sure you fully understand the question and how you want to respond. If you don’t understand the question or it seems vague, ask for clarification before offering information.

Don’t volunteer additional information. You are required to answer questions during a deposition, but you are not required to offer supporting details. Don’t guess. Don’t fill in the blanks. If you don’t remember or know the answer, say so. If asked a yes or no question, simply respond with a yes or no.

Take it seriously and remain calm. A deposition is not the time to make jokes or show anger. Focus on sticking to the facts, and be professional and polite. Don’t argue with the attorney or include sarcastic comments. Avoid small talk and be as straightforward and concise as possible.

Always tell the truth. You are under oath during a personal injury deposition. It is your obligation to tell the truth, and you should never lie. Lying during a deposition can come back to hurt your case if the other side can show that you were not truthful.

Let your attorney lead you. When you have a trusted personal injury by your side, look to them for guidance throughout the process. If you aren’t sure how to answer something or need clarification, speak privately to your attorney. If your attorney objects to any questions, wait until you are instructed to answer before providing information. An experienced attorney will know how to best guide you through the process.

Related: Personal Injury Compensation: What Can You Fight For?

Start Preparing Your Personal Injury Case Today

A deposition is only one part of a personal injury case. Take these steps to prepare for this portion of your case and make sure you get the right support throughout the entire process by talking to a personal injury attorney today.

Start your case off with the right legal approach. Begin to build your case so you can get what is fair and due to you if you have been injured in an accident.

Talk to TJ Grimaldi today to get answers to you r questions about depositions and the overall legal process for your case. All consultations are free. Schedule or call 813-226-1023 today.

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How Long Does It Take to Get a Divorce In Florida?

It should come as no surprise that one of the most common questions that divorce attorneys get asked is, “How long does it take to get a divorce?”

During a divorce, both parties can typically agree on at least one thing — they want it to go as quickly as possible. They want the process to move speedily so they can close the chapter and move on with their lives.

Unfortunately, there isn’t an exact answer to the question, “How long does it take to get a divorce?” There are a few factors that offer an estimated timeline.

How Long Does It Take to Get a Divorce In Florida?

On average, a divorce takes about three to 24 months. The time it takes depends heavily on where you file and if you have a contested or uncontested divorce.

Where You File

Where you live and file for divorce can have an impact on the amount of time it will take to finalize your divorce. Some states have certain timelines tied to divorce proceedings.

The following timelines represent estimates for how long it takes to get a divorce in Florida.

Uncontested Divorce

An uncontested divorce is one wherein both parties agree on the separation arrangement. Both parties agree on the details of the separation and do not require negotiation, mediation, or trial.

An uncontested divorce often takes around three to four months. It takes a few weeks to file the paperwork and approximately three months to schedule the final hearing.

Contested Divorce

A contested divorce is one wherein the parties disagree on the arrangement. The parties cannot come to an agreement on how to split assets, liabilities and/or child custody or they cannot agree to alimony or child support terms.

A contested divorce often takes 12 or more months as it typically requires negotiation and meditation, and sometimes, a trial. The timeline in a contested divorce includes time to prepare paperwork (a month), receive an answer (up to 20 days), produce discovery (up to 90 days), participate in mediation (two to three months), and schedule the final hearing (three months). The timeline can be longer if an agreement can’t be made and the case needs to go to trial.

Keep in mind that these are just estimates. If you want to know how long your specific case will take, talk to a divorce attorney who can listen to the details of your situation and provide a more accurate timeline.

Related: How Much Does a Divorce Cost in Florida?

How Can I Speed Up the Divorce Process?

One of the fastest ways to get a divorce is through a Simplified Divorce. A Simplified Divorce requires less litigation which expedites the process and allows couples to move more quickly through the process.

Not all couples are eligible for a Simplified Divorce. They must meet certain criteria to be able to file a Simplified Dissolution of Marriage. The divorce must be uncontested, and no minor children can be involved. If you are ready to file for divorce in Florida and you want the process to move quickly, review the Simplified Divorce guidelines to see if you qualify.

What Will Slow Down the Divorce Process?

One of the reasons why attorneys can’t easily answer the question “how long does it take to get a divorce” is because there are some factors you can’t control.

Your proceedings can slow down depending on the availability of a judge. You may have to wait for hearing times. Also, process errors from either party can slow down the process. If an attorney on either side fails to follow proper procedures or files inaccurate documents, the process can take more time.

Yet, the primary reason why a divorce process slows down is because the parties cannot come to an agreement.

Contested divorces where both parties cannot agree on splitting assets and liability, child custody, and alimony, among other financial details, add time to the divorce process. If you want your divorce to go quickly, you will need to come to an agreement with your partner as soon as possible.

Get an Accurate Timeline for Your Divorce

How long does it take to get a divorce in Florida? Well, it depends.

Consider your unique situation to get an idea about the potential timeline, and add a cushion of extra time to factor in unforeseen issues that could cause delays. If you want a realistic timeline, talk to a family law attorney.

An experienced attorney can give you an accurate estimate because they will have past cases and a knowledge of your local court system to inform them.

They can pull from past experiences to help you see how details of your case may impact timelines. They will also have ideas about how the court system in your community works and be able to tell you about how long it takes to see a judge and if cases are often rescheduled or delayed.

Related: How to Prepare for the First Meeting with a Divorce Attorney 

Time is ticking.

If you want to get through your divorce as quickly as possible, start the process by contacting TJ Grimaldi today. Schedule your free consultation or call 813-226-1023 to get answers about timelines and discover what you need to do to get through your divorce as quickly as possible.

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Is It Time to Call a Product Liability Attorney? Find Out If You Have a Case

When you purchase a product, you reasonably expect that it will work as intended and that you will be safe using it. You never expect that you will be injured or hurt while using the product. But occasionally, a product does not work as intended and causes harm to the user. In this case, you need to talk to a product liability attorney.

How Can a Product Liability Attorney Help?

A product liability attorney represents individuals or groups of individuals who have been injured by a malfunctioning product. The product did not work as intended and caused harm to the person or people using it.

A product liability attorney is a type of personal injury lawyer. They work with the injured party to construct and present their case. To win the case, they must:

  • Prove that the product didn’t work as promised and/or malfunctioned
  • Prove that injury was caused as a result of the product defect
  • Prove that damages (financial and/or non-financial) were incurred by the injured party

When you work with an experienced product liability attorney, they will know the best way to approach your case, provide the necessary proof, negotiate a just and fair settlement, and take the case to court if needed.

Related: Personal Injury Compensation: What Can You Fight For?   

Do You Have a Product Liability Case?

If you are considering whether or not to seek the help of a product liability attorney and sue for personal injury, consider if you have a viable case.

To have a viable case, you will need to prove four things.

  • Intended Use: You were using the product as it was intended for use. There was nothing unusual about the way that you used the product.
  • Existence of a Product Defect: There was a defect in the product that made it not work as intended. The product malfunctioned, broke, was not made properly, or was not designed properly.
  • Causation: The defect directly caused damages. Injury, death, or damages would not have occurred if it wasn’t for the existence of the product defect.
  • Damages: You experienced a loss physically, financially, or emotionally because of the defect. You must be able to prove the loss through evidence such as medical bills, photos of damaged property, pay stubs showing lost wages, etc.

Even if you aren’t sure if you can meet each of these standards, you can benefit from talking to a product liability attorney. They can work through your case to identify evidence and determine if you have what you need to take your case to court.

Related: Examples of Wrongful Death Cases: Do You Have a Case?  

Types of Product Defects

To bring a product liability case to court, you must prove that there was a defect in the product. Three primary types of product defects can support your case.

Marketing Defects

Product manufacturers are responsible for warning consumers of the non-obvious risks of using their products. If they fail to clearly warn consumers, it can be considered a marketing defect. For example, pharmaceutical companies are responsible for listing potential risks of taking one of their drugs. If they fail to notify consumers of potential risks, they can be held responsible for a marketing defect.

Manufacturing Defects

Manufacturing defects occur when a product is not made properly due to an error or problem during production. The defect is not consistent with the entire product line. It only occurs in products made during the manufacturing malfunction. For example, a batch of bicycles may have been made without an integral part of the brake system. Those bikes have a manufacturing defect, whereas other bicycles made properly do not.

Design Defects

Unlike manufacturing defects, design defects occur in an entire product line. The problem exists with every product because the problem exists in the design. The standard product design can cause injury or harm. An example of this could be a stroller that was deemed safe by manufacturers but ended up causing multiple injuries due to a design flaw that made the stroller likely to tip over.

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

Find a Product Liability Attorney in Tampa

If you or a loved one were injured or died due to the defects of a consumer product, you have a right to compensation and damages. You have a right to be made whole again.

Don’t go into this fight on your own. Talk to an experienced product liability attorney who knows what you need to do to get a full and fair settlement. Talk to TJ Grimaldi.

All consultations with TJ are 100% free. Call today to see if you have a case and if so, what is the best approach for taking your case to court. Schedule your free consultation or call 813-226-1023.

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Who Pays The Attorney’s Fees in a Divorce? Me or My Spouse?

A divorce comes with many financial considerations. A large part of your proceedings will revolve around your financial interests. You will identify and split assets and liabilities and also determine who pays for the attorney’s fees in a divorce.

If you’re getting ready to go through this process, you are probably wondering how much a divorce will cost and who is going to pay for it. Will it be you, your spouse, or both of you?

Let’s look at some considerations that can help you determine what to expect.

Divorce Cost Factors

Before determining who pays attorney’s fee in a divorce, start by considering how much the divorce will cost. Unfortunately, there isn’t an exact dollar amount for how much a divorce costs. A few things will contribute to the overall cost.

Court Fees

Each county court has a filing fee that must be paid to file for divorce. The fees differ by county and state. In Florida, most counties charge $408.00 to file a dissolution of marriage and annulment.

You may also need to pay additional court fees depending on the details of your case. For example, if your case goes to trial, you will need to pay associated court costs. You are responsible for paying all court fees in addition to attorney’s fees.

Your Current Financial Situation

If you and your spouse don’t have the financial resources needed to pay court fees, you can submit an Application for Determination of Civil Indigent Status. If both parties can prove that they are unable to pay, neither party would be responsible for the fees.

The Complexity of Your Divorce

If you have a very simple divorce (for example, no minor children are involved and the divorce is uncontested), you may be able to file for a Simplified Divorce if you meet specific criteria. A Simplified Divorce is less involved than a traditional divorce, so the associated attorney’s fees will be lower than if you go through standard divorce proceedings.

The more complex your divorce, the more expensive it will be. More resources will be needed if children are involved, you have many assets to divide up, or you and your partner are reluctant to agree on the details of the divorce. A more complicated divorce will require more time from a divorce attorney and incur more expenses related to additional court and mediation costs.

Related: How Much Does a Divorce Cost in Florida?

Attorney’s Fees

If you choose to work with a family law attorney, you will incur attorney’s fees. Attorney’s fees vary widely based on where you live, the attorney’s experience level, and the complexity of your case.

Related: How Much Does an Attorney Cost?

Consider how each of these factors impacts your situation to get an idea of the potential cost of your divorce. A reasonable average is about $5,000.00 to $15,000.00 per spouse.

Who Pays The Attorney’s Fees in a Divorce?

In most divorce cases, both sides have their own lawyer to represent their interests. For example, one spouse may get an attorney and file for a divorce. The other spouse will retain their own attorney once the divorce papers are served on them.

Each party is responsible for the fees due to their hired attorney.

Also, the party who filed for divorce will pay the court filing fees. This initial arrangement does not mean that each side will ultimately pay all of their own attorney costs.

During negotiations of the divorce, one side may fight to get their attorney’s fees paid by the other party. 

  • One party can make a claim that they are unable to pay their attorney’s fees and that the other spouse is in a position to pay the fees. To get your attorney’s fee paid by your spouse, you must prove that you are a dependent spouse who doesn’t have the same resources that the other side has.
  • Another way to get your spouse to pay your attorney’s fees in a divorce is by showing bad faith or fault of the other party. If you can prove that the other side made false allegations, engaged in frivolous litigation, or otherwise caused delays in litigation, you may be awarded attorney’s fee as part of the settlement.

If your settlement awards you attorney’s fees, you will be reimbursed for any costs already paid to the attorney. This is called a shifting fee provision. The party retaining the attorney pays the attorney and is later reimbursed for the expenses.

Related: How to File for Divorce in Florida

Make a Financial Plan for Your Divorce

It may be difficult to determine who pays the attorney’s fees in a divorce and how much it is actually going to cost. The best way to get a clear idea of what to expect in your unique situation is to talk to an experienced divorce attorney.

Most first meetings with a divorce attorney are free and allow you the opportunity to ask questions and get an idea about the financial responsibility you should expect.

If you are getting ready to go through a divorce and have questions about costs and expectations, contact TJ Grimaldi. Schedule your free consultation or call 813-226-1023 today to get answers to your financial questions so you confidently take the next steps without worries of unexpected costs and responsibilities.

Schedule or call 813-226-1023 today.

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5 Frequently Asked Questions for a Motorcycle Accident Attorney

If you or someone you love has been injured in a motorcycle accident, you probably have many questions. Dealing with doctors and insurance companies can be confusing, frustrating, and stressful. That’s why it’s helpful to have a motorcycle accident attorney on your side.

A motorcycle accident attorney can help you answer your questions and step in so you don’t have to answer them on your own. They can take over the situation so you can get back to recovering or helping your loved one get better.

The Top 5 FAQS for a Motorcycle Accident Attorney

Here are some of the most frequently asked questions that a motorcycle accident attorney can help with.

#1) Should I get a lawyer for a motorcycle accident?

If you or someone close to you has been injured in a motorcycle accident, you may be wondering if you need an attorney or not. The quick answer is yes.

A personal injury attorney with experience in auto and motorcycle accidents can provide substantial support. They can help you:

  • Gather the evidence needed to win your case. To win your case, you will need evidence that proves the accident was caused by a negligent party. An attorney will ensure that you have the evidence you need to prove fault.
  • Determine an accurate amount for damages. Damages don’t only include healthcare and property repair costs. They include expenses and losses related to wages, long-term physical and mental therapy, damage to lifestyle, and more. An auto accident attorney will make sure all expenses, monetary and non-monetary, are considered in your case.
  • Take on big insurance companies. Insurance companies are designed to pay out as little money as possible. An experienced motorcycle accident attorney knows their tactics and how to fight against them to ensure you get what is fair and fully owed to you.

Related: 5 Reasons to Contact a Car Accident Lawyer After a Crash   

#2) What is the average payout for a motorcycle accident?

A common question after a motorcycle accident relates to personal injury compensation. People want to know how much they or their loved one will receive.

Unfortunately, there isn’t a quick answer to this question. Every accident is unique so payouts are also unique. Payouts depend on the severity of injuries and overall damages caused by the accident. If the injuries and damages are severe, the payout will be higher than for an accident with fewer or lesser damages.

#3) How long does a motorcycle accident lawsuit take?

Wanting to know how long the lawsuit will take is another reasonable first question for a motorcycle accident attorney. But, it is also a question without an easy answer.

Details of your unique situation will impact the amount of time it will take to resolve the case. On average, most personal injury cases take about 12 to 30 months. Negotiations can last one month up to one year. If a settlement can’t be made, the case will go to court and take more time to resolve.

After listening to the details of your case, a motorcycle accident attorney can give you a better idea about the timeline for your specific case, but it is unlikely that they will give you an exact timeframe.

Related: 6 of the Most Commonly Asked Questions About Personal Injury  

#4) Will my health insurance cover me in a motorcycle accident?

While your health insurance may cover some costs if you have been injured in a motorcycle accident, you don’t want to rely on this method of insurance alone. Even if you have health insurance, the cost of paying for your healthcare can be expensive. You will likely have out-of-pocket expenses such as copays and deductibles. Plus, health insurance only covers medical-related costs.

Health insurance will not cover property damages and general compensation damages that don’t have a dollar amount (such as compensation for pain and suffering, loss of consortium, physical disfigurement, etc.). Don’t rely on health insurance when dealing with the aftermath of a motorcycle accident.

#5) Where do I start if I’ve been in a motorcycle accident?

The first thing to do after a motorcycle accident is seek medical attention. Even if you feel fine, visit a medical doctor and get a full check-up. You may have underlying injuries you are unaware of. Also, you will need records from doctors if you choose to sue for personal injury.

The next step is to get a free consultation with a personal injury attorney. An attorney will make sure you take the correct steps from the beginning. They will ensure that your situation is managed properly so you receive the full compensation you deserve, while avoiding expenses that are not your responsibility. Most initial consultations with a personal injury are free, and you pay no fees unless your case is settled.

Related: How to Prepare for a Free Consultation with a Lawyer   

Get Answers from a Motorcycle Accident Attorney

The aftermath of a motorcycle accident is stressful for everyone involved, but you don’t have to take on this stress on your own. Help is available.

See how an experienced motorcycle accident attorney can help you and ensure that you or your loved one receive the full compensation they deserve.

Schedule a free consultation with TJ Grimaldi to see how we can help you through your case. All consultations are 100% free, and we only get paid when you get paid. Schedule your consultation or call 813-226-1023 to see how TJ can help today.

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Want to Sue for Personal Injury? Take These 4 Steps

There are probably many things going through your mind if you or a loved one have been injured in an accident. You are likely thinking about healthcare, finances, and planning for the future. On top of that, you may also be thinking about whether or not you should sue for personal injury.

Suing for personal injury is a way to ensure that healthcare, finances, and planning for the future are more secure for you or the loved one involved in the accident.

If you or someone close to you have been in an accident, consider taking steps to successfully sue for personal injury.

Should You Pursue a Personal Injury Case?

Being involved in an accident doesn’t necessarily mean you should sue for personal injury. Specific criteria must be met for the case to hold up in court.

In order to sue for personal injury:

  • You must prove that the accident was caused by negligence. A person or business was aware of an unsafe consideration or could have prevented an unsafe condition but did not act to resolve it.
  • You must prove that the accident caused the injury. The injury was a direct result of the accident.
  • You must prove that the accident caused damages. The injured party sustained financial, emotional, and/or physical damages as a result of the injury.

Related: Types of Personal Injury Cases: See If You Have a Claim   

4 Steps to Sue for Personal Injury

If you believe your situation meets the criteria listed above, take the following steps to sue for personal injury.

#1) Seek medical attention.

If you are involved in an accident, the first thing you should always do is seek professional medical care.

Even if you don’t feel like you are injured, you should seek care to ensure that there are not any underlying issues that can cause future problems.

Seeking medical care is also important as it will produce medical documents that outline and describe your injuries. These documents will provide support for your case if you seek to sue for personal injury.

Related: What To Do After a Car Accident That’s Not Your Fault   

#2) Document the accident and collect evidence.

To successfully sue for personal injury, you must have proof of negligence and damages. It is imperative that you have documents and evidence that prove both.

Collect the following information:

  • Detailed account of the accident (the injured party should write a timeline of relevant events that occurred before and after the accident)
  • Testimony from witnesses (and contact information for witnesses so an attorney can question them again if needed)
  • Police report (and the name of involved police officers in case they need to be re-interviewed)
  • Incident report (if the accident happened on business property)
  • Photos of your injuries (capture the initial injury and take photos as the injury progresses)
  • Photos of damaged property
  • Medical records
  • Medical bills
  • Documents that show missed opportunities (missed work hours, canceled vacations, etc.)

The more information you can provide to your attorney, the better. The details will help your attorney craft the best case.

#3) Get a free consultation with a personal injury attorney.

If you sue for personal injury, you should not be burdened with expenses in addition to the costs associated with your accident. Look for a personal injury attorney who offers free consultations so you can explain the details of your case and determine if the case is worth pursuing at no cost to you.

During this initial meeting, get answers to your questions about personal injury and find out if you have a viable case.

Related: How to Prepare for a Free Consultation with a Lawyer   

#4) Let your attorney determine what your case is worth.

If you are considering suing for personal injury, you may be eager to find out what type of compensation you can receive. You may even have an idea of what you think is fair. But, it is best to let your attorney determine what your case is worth.

Many factors impact how much you can sue for in a personal injury case. Before you get an idea in your mind about how much you believe the case is worth, let an attorney work through the details and give you an estimate of what a fair and reasonable settlement will look like.

If you work with an experienced personal injury attorney, they will know what is the best way to approach your case and get the highest settlement possible.

Related: Personal Injury Compensation: What Can You Fight For?   

Ready to Sue for Personal Injury?

If you or a loved one were injured as the result of the negligence of a person or business, you have the right to sue for personal injury and seek damages. You have a legal right to seek support to help you or your loved one recover physically, emotionally, and financially.

Don’t deal with the stress and pain on your own. Seek support from a professional personal injury attorney who knows how to take on insurance companies to get what is fair and due to you.

Contact TJ Grimaldi today to schedule your free consultation to see how he can help you heal and be made complete after an accident. Schedule your consultation or call 813-226-1023 today.

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