Platt Hopwood Russell & Cole PLLCMelbourne Attorneys: Personal Injury, Family Law, Criminal Defense2024-03-14T22:02:06Zhttps://www.platthopwoodattorneys.com/feed/atom/WordPressOn Behalf of Platt Hopwood Russell & Cole Attorneys At Law PLLChttps://www.platthopwoodattorneys.com/?p=487602024-03-14T22:02:06Z2024-03-14T22:02:06ZFlorida’s restrictions on and definition of pain and suffering
Pain and suffering cover a wide range of experiences involving physical or mental anguish. However, a person cannot claim these non-economic damages for every type of injury.
In car accidents, for example, Florida law limits these damages to collisions that cause serious injuries. Such incidents involve any of the following:
Loss of bodily functions
Permanent injury
Significant scarring or disfigurement
Death or endangerment of life
Physical pain relates to the actual discomfort and limitations that the injury causes. Mental and emotional distress include feelings of anxiety, depression and trauma. Another element is the loss of enjoyment of life. This refers to the inability to participate in activities that were once enjoyable or fulfilling.
The per diem method
One approach to calculating compensation for pain and suffering is the per diem method. This strategy assigns a daily monetary value to the pain and suffering.
In this situation, the calculation requires the total number of days the individual will endure pain and suffering. Then, the court or insurance company assigns a specific dollar amount to each day. For example, if the individual will deal with pain and suffering for 100 days and the per diem rate is $100, the total compensation would be $10,000.
The multiplier method
The multiplier method involves multiplying the total economic damages (such as medical expenses and lost wages) by a certain factor to determine the non-economic damages of pain and suffering. The multiplier typically ranges from 1.5 to 5, depending on the severity of the injury and other relevant factors. Therefore, if the total economic damages amount to $20,000 and the multiplier is 3, the compensation for pain and suffering would be $60,000.
Determining the appropriate compensation after a personal injury with these methods also requires understanding local legal precedents. By carefully assessing and establishing all relevant factors, an injured person can likely achieve fair compensation.]]>On Behalf of Platt Hopwood Russell & Cole Attorneys At Law PLLChttps://www.platthopwoodattorneys.com/?p=487592024-02-27T21:23:34Z2024-02-29T21:22:26Z1. Financial behavior shifts
Unexplained financial changes are one of the most common signs of hidden assets. This could include sudden shifts in spending habits, large cash withdrawals or unexplained transfers of money between accounts. A formerly frugal spouse suddenly spending lavishly on expensive items or vacations may indicate an attempt to make it appear like he or she has less money. Buying large amounts of cryptocurrency without any previous interest is also a potential indicator of asset concealment since cryptocurrency is currently an unregulated completely digital currency.
Transferring money may be a spouse trying to hide funds in secret or overseas accounts. Spouses may also gift large amounts of cash or valuable heirlooms to family members or friends to devalue themselves on paper with the expectation of receiving them back after the divorce. Overvaluing debts or overpaying taxes are also potential red flags.
2. Shifts in business practices
If a spouse owns a business, changes in business practices could also be a sign of asset concealment. This could include delaying business deals or payments until after the divorce finalization or undervaluing the business to reduce its worth in the divorce settlement.
3. Shifts in documentation location
Another red flag is missing or incomplete financial documents. If a spouse is unwilling to provide complete financial records or if documents go missing, it could be a sign of attempted asset concealment
When spouses hide assets in a divorce, they deprive their partners of their rightful share of marital assets. Individuals who suspect asset concealment can investigate and/or report their suspicions to the court which will then investigate. A forensic accountant can help follow financial trails and uncover stashed away funds.]]>On Behalf of Platt Hopwood Russell & Cole Attorneys At Law PLLChttps://www.platthopwoodattorneys.com/?p=487582024-02-13T23:15:41Z2024-02-15T23:15:34ZGather financial documents
Stay-at-home mothers can start by gathering all relevant financial documents, including bank statements, tax returns, investment accounts and property records. Having these documents organized and readily accessible will make it easier to assess their financial situation and advocate for their fair share during the divorce proceedings.
Establish separate credit
Those who do not have their own credit need to begin building it. Ways to do so include opening a credit card or taking out a small loan in their names to establish a credit history. This will be important for securing housing, car loans and other financial needs as they transition to life post-divorce.
Create a budget
Understanding current expenses and income is necessary for solid financial planning. Stay-at-home mothers need to create a new budget that excludes their partner and outlines their monthly expenses, including housing, utilities, groceries and childcare.
Explore employment opportunities
Even if the court awards spousal support, it may only last a set period. Stay-at-home mothers going through the divorce process need to update their resumes, network with contacts and research job openings in their area. Even part-time or remote work can provide valuable income and stability during this time of transition. It is especially important to start early if they have been out of the workforce for a significant time. They may consider returning to school and gaining additional certifications and qualifications while they have support to improve their chances of obtaining a better job.
According to Quartz, nearly a fourth of American mothers are stay-at-home ones. Even though they fulfill a valuable role, stay-at-home parents often face the scorn of others and have a financial disadvantage after divorce due to a lack of their own savings and relevant job skills. Taking steps in advance can help mitigate this.]]>On Behalf of Platt Hopwood Russell & Cole Attorneys At Law PLLChttps://www.platthopwoodattorneys.com/?p=487572024-01-30T02:00:57Z2024-02-02T02:00:03ZResponsibility of the rideshare driver
The primary responsibility for the safety of passengers lies with the rideshare driver. It is their duty to drive attentively, obey traffic laws and ensure passengers reach their destination safely. If a driver was engaging in reckless behavior, such as speeding or distracted driving, they may be at fault for the accident.
Passenger behavior
While passengers are not in control of the vehicle, their behavior can influence the safety of the ride. If a passenger distracts the driver, intentionally engages in dangerous activities or interferes with the driver's ability to operate the vehicle safely, they may share some responsibility for the accident.
Other drivers on the road
In some cases, the fault may lie with another driver on the road. If another motorist fails to yield the right of way, runs a red light or engages in any other negligent behavior, they may be responsible for the collision. Rideshare drivers are not immune to the actions of other motorists, and determining fault may involve assessing the conduct of all parties involved.
Road conditions and external factors
Sometimes, external factors beyond the control of drivers contribute to accidents. Poor road conditions, inclement weather or faulty traffic signals can play a role in collisions. In such cases, responsibility for the accident may shift to the entity responsible for maintaining the roads or addressing the external factors that contributed to the incident.
By examining the actions and responsibilities of all parties involved in a rideshare accident, investigators can gain a clearer picture of accountability, guiding the resolution of disputes and insurance claims]]>On Behalf of Platt Hopwood Russell & Cole Attorneys At Law PLLChttps://www.platthopwoodattorneys.com/?p=487562024-01-25T16:33:18Z2024-01-26T16:32:25ZAssessing financial standing
Alimony is financial support one spouse may have to pay to the other after a divorce. Courts check the working spouse's financial situation, examining income, assets and overall financial health. At the same time, they consider the non-working spouse's financial needs and reliance on the working spouse for support.
Marriage duration
Florida courts categorize marriages as short-term (under 10 years), moderate-term (10-20 years) and long-term (over 20 years). Longer marriages, especially with one spouse financially dependent, increase the likelihood of alimony.
Preserving the accustomed standard of living
Florida courts aim to maintain the non-working spouse's standard of living after the divorce. This involves examining the lifestyle enjoyed during the marriage and shaping alimony terms to support the non-working spouse financially.
Recognizing contributions
The alimony determination process considers non-financial contributions to the marriage, such as homemaking and childcare. Courts acknowledge the value of these contributions when deciding the appropriate financial support for the non-working spouse.
Considering each spouse's well-being
Courts factor in the age, physical, mental and emotional condition of each spouse when deciding alimony. This assessment ensures that financial decisions align with the specific circumstances and challenges each spouse may face after the divorce.
Responsibilities for children
The financial and custodial responsibilities for minor children play a part in the alimony decision. A comprehensive assessment ensures that the determination takes into account the well-being of both spouses and any dependent children.
Various types of alimony
Florida courts may award different types of alimony. Bridge-the-gap alimony assists the non-working spouse in transitioning to a single life. Durational or permanent alimony decisions consider the marriage length and financial differences.
Adapting to changing circumstances
Either spouse can request alimony modification if circumstances change. Factors like income fluctuations, employment status or remarriage can prompt a reassessment of alimony terms, ensuring ongoing fairness and equity in the process.]]>On Behalf of Platt Hopwood Russell & Cole Attorneys At Law PLLChttps://www.platthopwoodattorneys.com/?p=487552024-01-17T19:56:04Z2024-01-18T19:55:52ZDealing with reality after holidays
The first few months of the year often witness a surge in divorce filings, marking a big change in their lives. Holidays can be a tough time for some couples. The high expectations, family gatherings and gift-giving expenses can make existing problems even bigger. When couples see the difference between what they expected and what is really happening, they might decide it is time for a change.
What it means for family
Getting a divorce does not only affect the couple; it also affects their family. Children, especially, might find it hard to deal with their parents separating. Talking openly and offering support are important to help kids through this tough time.
Getting through tough times
Divorces are difficult, often bringing out the worst in people. Keeping calm during this challenging time can help you make a smoother transition.
Talking it out. Having honest conversations helps couples understand each other better. If needed, seeking help from professionals like counselors can make communication easier.
Handling feelings. Finding healthy ways to deal with tough feelings is important. This might involve talking to friends, family or joining support groups to navigate the emotional parts of divorce.
Planning for kids. Creating a good plan for co-parenting can make things easier for children. Being clear, consistent and focusing on what is best for the kids are key parts of successful co-parenting.
Financial issues. Understanding and dividing assets and debts and creating a financial plan can ease the divorce process. This preparation ensures a clearer picture and a smoother transition for both parties.
While divorce comes with challenges, having a plan can make the process smoother and set the stage for a new beginning.
Filing for divorce
Regardless of when you file, divorcing is a life-altering step with many things to consider. Approaching it with a positive mindset can produce better outcomes.]]>On Behalf of Platt Hopwood Russell & Cole Attorneys At Law PLLChttps://www.platthopwoodattorneys.com/?p=487532024-01-04T04:29:17Z2024-01-05T04:29:10ZUnderinflation
One reason for tire blowouts is improper inflation. When tires lack proper air pressure, they generate excessive heat during travel. Eventually, this will cause the tire's internal components to break apart. Operators must periodically check that there is enough air so that this does not happen.
Overloading
Exceeding a tire's load-carrying capacity is a recipe for disaster. Vehicles bearing too much cargo place excessive stress on tires. This weakens the tire structure, making blowouts more likely. Truck drivers, in particular, must be mindful of their recommended load limits.
Poor tire maintenance
Neglect is another factor that contributes to blowouts. Failing to rotate tires regularly, ignoring alignment issues and disregarding proper tire balancing can lead to uneven wear and tear. Eventually, this compromises tire integrity, thus increasing the risk of a blowout.
Time
Tire rubber naturally degrades, regardless of use. Thus, aging tires are more prone to cracks, bulges and other structural flaws that lead to blowouts. Regularly inspecting tires and replacing them when necessary is the responsibility of all motorists.
Potholes and road hazards
America is home to approximately 55 million potholes. These and other road hazards can cause immediate damage to tires, including severe punctures and cuts. State governments should fill these holes as soon as they come to their attention.
Tire blowouts are entirely preventable. A commitment to proactive vehicle care, including vigilance regarding proper wheels, contributes to safer roads for everyone.]]>On Behalf of Platt Hopwood Russell & Cole Attorneys At Law PLLChttps://www.platthopwoodattorneys.com/?p=487522023-12-21T19:28:43Z2023-12-21T19:28:43Z1. Lack of reaction time
When drivers exceed the speed limits, they compromise their ability to react promptly to unexpected situations on the road. Reduced reaction time increases the likelihood of collisions, especially in situations where sudden stops or evasive maneuvers are necessary. Speeding diminishes the margin for error, making it difficult for drivers to navigate unforeseen obstacles, such as a sudden turn or an unexpected pedestrian.
2. Difficulty in judging distances
Excessive speed impairs a driver's ability to accurately judge distances between vehicles. This misjudgment can lead to unsafe tailgating, a practice where a driver follows too closely behind the vehicle in front. Tailgating increases the probability of rear-end collisions as there is insufficient time for the following driver to react if the lead vehicle stops suddenly.
3. Reduced vehicle control
Speeding compromises a driver's control over their vehicle. High speeds make steering more challenging, particularly in adverse weather conditions or on winding roads. Increased speed amplifies the impact of any loss of control, elevating the risk of veering off the road or colliding with other vehicles.
4. Amplified severity of collisions
The force of impact in a collision rises exponentially with speed. Even a slight increase in speed can transform a minor fender-bender into a devastating accident with severe injuries or fatalities. Speeding not only escalates the probability of accidents but also intensifies their potential consequences.
In 2022, 397,542 crashes happened in Florida, resulting in 252,150 injuries. Speeding is often a factor in these incidents, which can lead to serious injuries and long-term problems for the injured party.]]>On Behalf of Platt Hopwood Russell & Cole Attorneys At Law PLLChttps://www.platthopwoodattorneys.com/?p=487512023-12-06T18:48:01Z2023-12-06T18:48:01ZPlayground falls
Despite their appeal, outdoor play spaces pose a significant risk for tumbles. Climbing structures, swings and slides place little ones in precarious situations. Absent proper supervision, they may drop from relatively significant heights and land sharply on their heads.
Sports-related injuries
Participation in athletics is an excellent way for youth to develop coordination and learn about teamwork. However, these pursuits also carry the chance of ending in a TBI. Collisions and impacts from sports equipment, such as hockey and lacrosse sticks, can easily lead to head-related troubles. For this reason, proper safety gear, supervision and adherence to sports regulations are mandatory.
Bicycle crashes
Cycling offers children a taste of independence. That said, two-wheeled vehicles, even those without motors, impose inherent dangers. Riding on busy streets vastly increases the likelihood of accidents. Should there be a collision or spill where the rider is not wearing protective headgear, a TBI could result. According to the Centers for Disease Control and Prevention, policies requiring those on bicycles to wear helmets are responsible for a 20% to 55% reduction in head injuries.
Preventing TBIs in young people requires combining awareness with parental monitoring and proactive safety measures. Adults must seize the initiative in creating secure environments where boys and girls may thrive without worrying about such peril.]]>On Behalf of Platt Hopwood Russell & Cole Attorneys At Law PLLChttps://www.platthopwoodattorneys.com/?p=487502023-11-29T16:26:40Z2023-11-29T16:26:40ZCommunication challenges
One of the biggest effects of TBI on relationships is the disruption of effective communication. Individuals with TBI may have difficulty expressing themselves clearly or understanding social cues.
All of this can lead to frustration and misunderstanding. Loved ones need to adapt and find alternative means of communication.
Emotional rollercoaster
The emotional landscape after a traumatic brain injury is often like a rollercoaster ride. Mood swings, irritability and heightened emotional responses can strain relationships.
It becomes important for friends and family to have patience and empathy, recognizing that these emotional changes are a consequence of the injury rather than a choice.
Altered roles and responsibilities
TBI can force a reevaluation of roles within a relationship. The individual with the injury may need additional support, shifting the balance of responsibilities. Loved ones may find themselves taking on new roles as caregivers, requiring a willingness to embrace change.
Social isolation
Adjusting to life after a TBI may involve periods of social withdrawal. Individuals could feel overwhelmed by stimuli or struggle with crowds, leading to decreased social interactions. This isolation can impact relationships, as friends and family navigate the challenge of maintaining connections while respecting the individual's need for space.
In 2020, an average of over 586 Americans needed hospitalization for TBIs every day. The impact of a traumatic brain injury on personal relationships is a multifaceted challenge. By fostering connections, individuals and their loved ones can navigate relationships post-TBI.]]>