Selecting an Orlando personal injury lawyer can be a scary task for those that have never worked with a lawyer before. However, even though this firm advertises and tries to use those advertisements to inform the general public, I stand by what I have said many times. Never choose your attorney based solely upon an advertisement. That is not to say you should not listen to an advertisement and investigate if they are a good attorney to use, but it should not be the only reason you call an attorney.
Your first and best way to select an attorney is to ask someone you know if they have ever used an attorney that they liked, and what is that person’s name and number. Even better, if you know an attorney that cannot help you because they do not practice in the area you need, ask that attorney for a referral. If your contacts are not attorneys themselves, or have not used an attorney, they may know someone that has. In that case you should speak with that person that used the attorney personally to find out their experience.
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You currently lease a home or condominium unit located in a community governed by a homeowner or condominium association. Your landlord has notified you that the association charges the landlord periodic assessments pursuant to its governing documents in order to properly maintain the common areas and for other purposes set forth in the governing documents. Your landlord retains the obligation to pay these assessments under the terms of your lease.
Unbeknownst to you, your landlord has ceased paying the association assessments due to the landlord’s current financial status and the recession. You are fully compliant and are not in default of any of your obligations under the terms of your lease with your landlord. So, why should it matter to you that your landlord isn’t paying the association assessments? Senate Bill 1196.
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The familiar adage “a bird in the hand is worth two in the bush” means it is better to have a lesser, but certain, result than to risk everything for the mere potential of achieving a greater result. I often use this phrase to explain to my clients the benefits of reaching a settlement through mediation by obtaining a certain result, rather than continuing to litigate for a mere potential of achieving more, but risking receiving nothing.
Civil litigation is risky; no matter how much you believe you are right, there is no such thing as a “slam dunk” case. Civil litigation is adversarial – it is stressful, frustrating, and invasive, often requiring you to divulge otherwise private facts in a public forum. Civil litigation is costly, not only in terms of the fees and costs paid to your attorney but also the loss of your own time spent in your lawyer’s office or in court.
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There are a myriad of laws that protect against disclosure of private health information, and rightfully so; your medical condition is a personal matter to be shared only with those with a need to know. Unfortunately, with regard to HIV status, there remains a stigma in society for those testing positive. Fortunately, in Florida, thanks to a relatively recent Florida Supreme Court decision which provided needed clarification of the law, a person may sue in court for money damages for a wrongful disclosure of their HIV status.
The private cause of action originates from Florida Statute Section 381.004, which prohibits the disclosure of a patient’s HIV status without their consent. This statute applies to medical providers, employees of health facilities, insurance companies, and any other person or entity that has a “need to know” the results of the testing. The legislative intent section contained in the statute states that in order to encourage persons to undergo HIV testing, they must have explicit protection against a disclosure of their HIV status without their consent. The statute states, in pertinent part:
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Insurance companies have spent millions of dollars to generate myths about how lawsuits are out of control and are a major reason why the United States is suffering through its current financial situation. Insurance companies have propagated beliefs that personal injury lawsuits are on the rise, that medical malpractice lawsuits are responsible for the high cost of medical care and a decrease in the number of physicians, that personal injury claims destroy business, and that overall personal injury claims are ruining our society. These are myths intended to destroy our civil justice system, which has been and should remain the cornerstone of our freedom and civilization.
According to the Justice Department under President George W. Bush, the number of federal tort (personal injury) cases resolved in U.S. District courts fell by 79 percent between 1985 and 2003. In 1985, 3,600 tort trials were decided by a judge or jury in U.S. District Courts. By 2003, the number fell to less than 800.[1] Furthermore, the most recent statistics from the Administration’s Bureau of Justice Statistics indicate that the number of tort trials at the state level has also decreased.[2]
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