http://boginmunns.com/law-firm-blog Orlando Personal Injury & Commercial Law Firm Wed, 01 Feb 2012 22:20:14 +0000 http://backend.userland.com/rss092 en To protect against competition within a shopping center, a tenant will often seek an “exclusive” right of use so that it will not have direct competition in the same shopping center where the tenant is opening its business. The landlord will resist, or at least try to make the exclusive ... http://boginmunns.com/law-firm-blog/index.php/exclusive-use-restrictions-in-shopping-center/ The National Labor Relations Board (NLRB) has reported that certain complaints about your work environment that are posted on social media sires such as Facebook and Twitter may be considered “protected concerted activity” which an employer cannot legally fire or discipline an employee for engaging in. The recent report from the ... http://boginmunns.com/law-firm-blog/index.php/can-facebook-gripes-about-work-get-you-fired/ Throughout history, alternative dispute resolution or “mediation” has been the cornerstone of peace making dating back thousands of years.  In Florida, mediation was incorporated into family law in the 1980’s.  Today, nearly all litigants with civil law suits will mediate their case, usually under court order, in an effort to ... http://boginmunns.com/law-firm-blog/index.php/is-mediation-worth-your-time-and-money/ By Bill Galione When an accident victim goes to trial, he has to prove that his injuries are directly related to the accident at issue. Recently, a Florida appellate court has made it easier for an  insurance company to dispute that a plaintiff’s injuries are related to an accident, even ... http://boginmunns.com/law-firm-blog/index.php/does-a-jury-get-to-know-the-truth/ Florida law provides for a reduction or termination of alimony if the court finds a supportive relationship has existed between the recipient of alimony and a person with whom the recipient resides. While common law marriage has not been valid in Florida in over forty years and de facto marriages ... http://boginmunns.com/law-firm-blog/index.php/alimony-relief/ 'Twas the week before Christmas and all through firm, the lawyers were working hard before the holiday's adjourn.    Rulon  on the phone, and Ranier in a meeting; Ryan in a deposition and Spencer taking new calls with a warm greeting. I was preparing a letter when my phone rang with ... http://boginmunns.com/law-firm-blog/index.php/merry-christmas-to-all/ As is the case with most legal questions, the answer depends on the facts.  At common law (the law which derives from old English court decisions based on societal customs), a parent was not liable for the wrongful acts of their children.  Because children do not usually have any significant ... http://boginmunns.com/law-firm-blog/index.php/can-i-be-sued-because-of-something-my-child-did/ Each year 17,000 people are the victims of drunk-driving accidents.  Someone is killed every 45 minutes and someone is injured every two minutes.  Each year there are 900,000 DUI/DWI arrests or which approximately one-third are from repeat offenders.  38% of all Christmas-time car accident deaths and 54% of all New ... http://boginmunns.com/law-firm-blog/index.php/sobering-thoughts-this-holiday-season/ Your personal injury claim may be won or lost based upon the preservation of critical evidence to your case. With the advent of pocket-sized digital cameras and cell phone cameras, preserving accident evidence has never been easier. If you have been involved in a car accident and are physically able ... http://boginmunns.com/law-firm-blog/index.php/the-importance-of-preserving-evidence-in-personal-injury-cases/ Central Florida has a large population of older workers.  Therefore, it is not unusual for age discrimination claims to arise in the workplace.  Age discrimination involves treating someone (an applicant or employee) less favorably because of his age.  The federal Age Discrimination in Employment Act (ADEA) only forbids age discrimination ... http://boginmunns.com/law-firm-blog/index.php/age-discrimination/ Florida’s Wrongful Death Act 768.18 limits recovery for wrongful death to “Survivors” which is strictly limited to the following:  the decedent’s lawful spouse, children, parents, and when wholly dependent on the decedent for support or services, any blood relatives and adoptive sisters and brothers.  It includes the child born out ... http://boginmunns.com/law-firm-blog/index.php/under-what-circumstances-is-recovery-limited-for-wrongful-death-in-general-negligence-cases/ I recently read that cash closings are increasing throughout the country.  Our firm likewise has seen an uptick in cash transactions.  If you are buying real estate with cash, make sure you have an Orlando Real Estate Attorney to assist you in your due diligence.  When purchasing with a bank ... http://boginmunns.com/law-firm-blog/index.php/buying-real-estate-with-cash-2/ Virtually all individuals and businesses at some point in time (and some on a regular basis) require the services of a law firm.  Selecting the right law firm is critical.  Here are some pointers that can help in making that important decision: 1.    Trust.  There is probably no other element in ... http://boginmunns.com/law-firm-blog/index.php/selecting-the-right-law-firm/ If you have ever had to file or defend a lawsuit as an individual or as a small business owner, you may recall the stress and anxiety that can be associated with the process.  Litigation isn’t generally fun for the parties involved and in today’s economy, the assessment of resources ... http://boginmunns.com/law-firm-blog/index.php/litigation-isn%e2%80%99t-just-litigation/ The Florida Supreme Court says, yes, unless there is a good reason not to. In a recent decision, Howard B. Wald, Jr. v. Athena F. Grainger, 36 Fla. L. Weekly S211b (Fla.  2011), the Court analyzed the trial of Howard B. Wald, Jr.. Mr Wald was seriously injured in an ... http://boginmunns.com/law-firm-blog/index.php/does-the-jury-have-to-believe-my-doctor/ I recently read that cash closings are increasing throughout the country.  Our firm likewise has seen an uptick in cash transactions.  If you are buying real estate with cash, make sure you have an Orlando Real Estate Attorney to assist you in your due diligence.  When purchasing with a bank ... http://boginmunns.com/law-firm-blog/index.php/buying-real-estate-with-cash/ There are recent developments that provide relief to participants and beneficiaries of pension plans when the pension benefit is changed. The law that governs pensions provided through non-governmental employers is The Employee Retirement Income Security Act (ERISA). The law had been unsettled as to the timing and content ... http://boginmunns.com/law-firm-blog/index.php/what-happens-when-the-pension-is-changed-without-adequate-notice-or-the-notice-is-not-sufficient-or-misleading/ B/I is short for Bodily Injury coverage.  Put simply, Bodily Injury coverage provides insurance coverage for accidents that are your fault.   Even a safe driver can cause a motion vehicle accident.   If you have Bodily Injury coverage, you have insurance that will cover the costs of the injuries that the ... http://boginmunns.com/law-firm-blog/index.php/why-should-i-have-bodily-injury-coverage/ In most cases, if you have a written lease for real property, it will state terms under which you may break the lease early.  Such terms may include a specified period of rent which must be paid if early termination notice is given or a specific dollar amount to be ... http://boginmunns.com/law-firm-blog/index.php/residential-tenant-rights-in-florida-%e2%80%93-early-termination/ The homestead protection that homeowners have in the state of Florida helps prevent Floridians from losing their homes due to debts owed to creditors.  However, Florida law does allow equitable liens to be imposed on homestead property, particularly in cases of fraud.  In the recent case of Hirchert Family Trust ... http://boginmunns.com/law-firm-blog/index.php/second-wife-loses-homestead-protection-because-she-bought-homestead-with-proceeds-from-property-husband-placed-in-trust-for-children-prior-to-his-first-wife-dying/ Most people that have come to me have already made a decision that they think they should be compensated for their injury.  However, they may not be sure the law provides a way for them to recover. First, know that most claims are settled without a lawsuit being filed and the ... http://boginmunns.com/law-firm-blog/index.php/i-am-hurt-but-do-not-know-if-i-can-sue/ Lack of sleep can cause cognitive impairment and negatively impact your ability to safely operate a motor-vehicle.  Sleep deprivation is a major source of motor vehicle accidents.  Studies have shown that sleep deprivation can impair the human brain as much as the consumption of alcohol. According to the United States Department ... http://boginmunns.com/law-firm-blog/index.php/hazards-of-sleep-deprived-driving/ The Supplemental Register is the United States Patent and Trademark Office’s (“USPTO”) secondary register of trademarks.  This secondary register permits the registration of trademarks that do not otherwise qualify for registration on the primary register of trademarks called the Principal Register.  The only requirement for registration on the Supplemental Register ... http://boginmunns.com/law-firm-blog/index.php/registering-your-mark-on-the-supplemental-register/ It is recommended that you sign a written lease whenever you rent property so that you have a record of the terms which have been agreed upon.  The written lease should include specific terms as to the amount of rent, the length of the lease term, the amount of the ... http://boginmunns.com/law-firm-blog/index.php/residential-tenant-rights-in-florida-%e2%80%93-security-deposit/ With today’s technology, it can be easy for most anyone to find a lot of the information that you need without the assistance of an expert.  However, you may need an expert to determine what information you actually do need and then to explain to you the information which you ... http://boginmunns.com/law-firm-blog/index.php/finding-and-understanding-information/ The shock that many in the community are expressing to the not-guilty verdict handed down by the jury in the recent high-profile criminal trial in Orlando illustrates a point that I try to make to all of my clients - predicting the outcome of any trial with any certainty is ... http://boginmunns.com/law-firm-blog/index.php/the-important-balance-of-the-burdens-of-proof-in-a-just-system/ In Florida, a child’s parents are the child’s natural guardians and may act on behalf of the child in most instances. However, if the parents become incapacitated or die and a child receives the proceeds of a lawsuit, an insurance policy or an inheritance in excess of $15,000, the Court must ... http://boginmunns.com/law-firm-blog/index.php/guardianship-minors/ There are times when an adult may no longer be competent or able to take care of himself/herself physically or to make financial decisions on his/her own behalf.  At such times, the court may appoint a guardian to exercise the legal rights of the incapacitated person, also known as “the ... http://boginmunns.com/law-firm-blog/index.php/guardianship-adult/ As a parent of three children, I am often presented with liability waivers which a business requires me to sign before my child can participate in an activity.  These businesses have included indoor rock-climbing, go-cart tracks, and laser tag facilities.  Many of you are faced with the same situation of ... http://boginmunns.com/law-firm-blog/index.php/i-signed-a-liability-waiver-on-behalf-of-my-child-can-i-still-sue-the-business-where-my-child-was-hurt/ How many times did we hear this while growing up?  How many times have we told our own children this common sense advice?  Well, unfortunately, statistics indicate that folks who live in or visit Orlando simply forget or ignore this mantra. According to a study by Transportation for America, a safety ... http://boginmunns.com/law-firm-blog/index.php/living-in-or-visiting-orlando-look-both-ways-before-crossing-the-street/ Many cities and counties across Central Florida/Orlando and across the country have implemented the use of red light cameras at intersections to reduce the number of  collisions and injuries resulting from these collisions. Local jurisdictions which have installed these cameras include Orlando, Winter Park, Apopka, Ocoee, and Orange County. Kissimmee, Deland, and Oviedo ... http://boginmunns.com/law-firm-blog/index.php/watch-out-for-red-light-cameras/ Darlene Brown is my mother and the strongest person I know. She works two jobs, one as a full time cytotechnologist and part time as a cashier at Albertsons. She is supporting my father, my sister, and myself and is putting my sister and I through college. Never once has ... http://boginmunns.com/law-firm-blog/index.php/essay-winner-coral-brown-is-presented-with-an-ipad-from-ranier-rulon-munns/ On occasion, an employer will not hire an applicant, will discharge an employee, or will otherwise discriminate against an individual because that individual has a medical condition which the employer believes may pose a threat of harm to himself/herself, coworkers, customers, or the public. Generally speaking, this is an admission ... http://boginmunns.com/law-firm-blog/index.php/the-direct-threat-affirmative-defense-to-disability-discrimination-lawsuits/ Am I Entitled to Unemployment Benefits? Many individuals are aware that when they get into an automobile accident that their personal injury protection (PIP) insurance usually covers 60% of their lost wages.  They also understand that it also pays a large part of their medical expenses.  However, unfortunately, many fail to ... http://boginmunns.com/law-firm-blog/index.php/maximizing-your-pip-benefits/ Unfortunately, employment lawyers hear this question fairly often these days.  Generally speaking, a person is entitled to unemployment benefits unless they are either voluntarily quit or are fired for misconduct.  While this seems like a fairly simple standard, there are often disputed facts in these sort of matters and extenuating ... http://boginmunns.com/law-firm-blog/index.php/am-i-entitled-to-unemployment-benefits/ Generally speaking, insurance adjuster's decide on the amount of compensation the will pay to an injured party on the basis of several factor such as the following:  the objective evidence, the amount of property damage to the vehicles involved,  the amount of medical bills (paid and unpaid), and the strength ... http://boginmunns.com/law-firm-blog/index.php/how-do-insurance-adjusters-evaluate-motor-vehicle-injury-cases/ You have worked hard to grow your family business from scratch to the success it is today – not only to be the source for your income but hopefully also to be a legacy for your children.  You have taken the necessary steps to protect your business, such as, creating ... http://boginmunns.com/law-firm-blog/index.php/the-family-business/ We recently read about an Orange County resident who bid on a property through Orange County’s new online foreclosure auction.  He was stunned to find out after he was the successful bidder and tendered $20k that the property he had just purchased was still subject to a mortgage.  Unfortunately, the ... http://boginmunns.com/law-firm-blog/index.php/online-foreclosure-bidders-beware/ When purchasing real estate, buyers occasionally encounter issues that arise from a purchase of land that includes vacated, platted streets.  How can a buyer be sure that he has good title to the land within the vacated, platted roads that may be included in the parcels that he is purchasing? Platted ... http://boginmunns.com/law-firm-blog/index.php/platted-and-vacated-streets/ The deadline for filing the Annual Report for all business entities in the State of Florida is May 1st.  The annual report is not a financial statement but is only a simple reaffirmation or update to the information previously submitted to the Division of Corporations regarding contact information for the company, ... http://boginmunns.com/law-firm-blog/index.php/deadline-to-file-florida-annual-report-approaches/ If you have been sued for breach of a contract, you will respond by admitting or denying each allegation in the Complaint.  Additionally, you are also able to raise defenses to the allegations.  These “affirmative defenses” are legally recognized grounds for defeating the claims of the plaintiff by asserting additional ... http://boginmunns.com/law-firm-blog/index.php/breach-of-contract-%e2%80%93-defenses/ Child support is calculated by the Child Support Guidelines, which is Florida Statutes §61.30.  The calculation of child support takes into account the relative income of the parties, the number of children, the amount of time each parent spends with the children, and health care and child care expenses.  Certain ... http://boginmunns.com/law-firm-blog/index.php/child-support-the-percentage-of-time-sharing-does-matter/ There may be a time when it is useful for you to designate someone to act on your behalf.  A power of attorney is a legal document in which one person (the “principal”) authorizes another (the “agent” or “attorney-in-fact”) to act on his or her behalf.  The power of attorney ... http://boginmunns.com/law-firm-blog/index.php/power-of-attorney/ This year's session for the Florida legislature marks a turning point and a departure from business as usual in our Capitol.  Faced with enormous financial limitations as well as a new Governor and many new legislators, change appears to be the theme.  In Florida, the legislature faces one constitutional requirement ... http://boginmunns.com/law-firm-blog/index.php/state-lawmakers-aim-for-change-and-job-creation/ Florida does not recognize common law marriage.  So a long term companion has no legally-recognized rights during the probate of the companion’s assets. For purposes including probate, Florida does not recognize “legal separation” of a married couple.  Therefore, until a final judgment of dissolution is entered, the parties are considered married ... http://boginmunns.com/law-firm-blog/index.php/estate-planning-and-divorce/ As the courts become increasingly overburdened with escalating caseloads and decreasing staffing, lawyers have searched for cheaper and quicker means to resolve disputes.  Mediation and arbitration are two such means for alternative dispute resolution (“ADR”). In mediation, each side to a dispute presents his/her/its case to a trained, neutral person.  The ... http://boginmunns.com/law-firm-blog/index.php/mediation-and-arbitration/ In Florida, if you cannot resolve a dispute for property valued at or money in an amount of $5,000.00 or less, you may look to the Small Claims Court.  The rules and procedures in the small claims court are simpler, speedier and more informal than the regular court process and ... http://boginmunns.com/law-firm-blog/index.php/small-claims-litigation/ A Non-Disclosure Agreement or NDA is a contract in which one party agrees that it will disclosure information and/or documents which it considers valuable and confidential to another party so long as the receiving party agrees to maintain the confidentiality of the disclosed information and/or documents.  NDAs can also be ... http://boginmunns.com/law-firm-blog/index.php/non-disclosure-agreements/ It is never easy to discuss estate planning issues with one’s parents.  Be assured it is probably not easy for them either.  This becomes increasingly more difficult when a spouse has died. However, being proactive, organized and prepared in this situation will greatly enhance your ability to assist the surviving parent.  ... http://boginmunns.com/law-firm-blog/index.php/helping-a-widowed-parent/ In today’s marketplace, a prospective commercial real estate tenant has numerous properties from which to choose and has a significant opportunity to negotiate the terms of a lease.  The prospective tenant should not be deterred from negotiation because the landlord says that the proposed standard form lease is the same ... http://boginmunns.com/law-firm-blog/index.php/introduction-the-commercial-real-estate-lease/ A Chapter 13 bankruptcy provides an opportunity to eliminate a second mortgage from the residence of the debtor filing for bankruptcy. What is known as a “stripoff” is allowed where the lien or mortgage is “wholly unsecured”. The legal basis for this relief is found in 11 U.S.C. 1322(b)(2) which in ... http://boginmunns.com/law-firm-blog/index.php/removal-of-the-second-mortgage-from-your-home/ Many employers require that each employee with access to the employer’s confidential and proprietary information sign a noncompete agreement (the “Agreement”).  In the Agreement, the employee agrees not to compete with the employer by working in specified capacities for direct competitors of the employer located in certain areas for a ... http://boginmunns.com/law-firm-blog/index.php/noncompete-agreements/ Most victims in motor vehicle accidents understand that the other driver’s insurance company is responsible for their medical expenses. But not everyone realizes that, under Florida law, they are entitled to compensation for pain and suffering, if the injuries are permanent. Determining the value of pain and suffering is difficult, so ... http://boginmunns.com/law-firm-blog/index.php/pain-and-suffering/ This Legislative Session the State Budget, education, personal injury protection insurance, rule making authority of the court, standards for medical facilities, access to the Courts and many other weighty issues are being considered.  The actions taken by the Legislature today can impact you, your friends and your family for years ... http://boginmunns.com/law-firm-blog/index.php/government-in-the-sunshine/ Many banks are foreclosing on homes or taking ownership of them by a deed in lieu of foreclosure. One question that has come up is whether the bank has continuous coverage under the Mortgagee Title Insurance Policy from when the mortgage was originated. This can be important if title problems ... http://boginmunns.com/law-firm-blog/index.php/does-a-bank-have-continuous-coverage-under-a-mortgagee-title-policy-after-a-foreclosure/ As you begin to accumulate wealth, you should consider various means to protect yourself from claims of creditors.  There are a variety of ways to do so, but you must act in a timely manner.  Once there is a foreseeable creditor claim against you or your assets, it may be ... http://boginmunns.com/law-firm-blog/index.php/basics-of-asset-protection/ There are many steps to take before deciding to proceed with a lawsuit.  One step is weighing the risks (i.e., cost) of proceeding with the lawsuit against the potential gains. One risk, even if you prevail in the lawsuit, is that you will spend more money on your attorney fees (and ... http://boginmunns.com/law-firm-blog/index.php/who-pays-attorneys-fees-in-a-lawsuit/ The laws of Florida protect a spouse from being disinherited by his/her spouse during the term of the marriage. However, a spouse can waive his/her claim to any or all of the estate of his/her spouse by signing a valid pre-nuptial (prior to marriage) or post-nuptial (after marriage) agreement.  Such agreements ... http://boginmunns.com/law-firm-blog/index.php/divorce-and-inheritance/ Probate is a court-supervised process to oversee the transition of the assets of a deceased person (the “decedent”) from his/her sole ownership to satisfy the debts of the decedent, pay any taxes that are owed, and distribute any remaining assets to his/her beneficiaries. Whether or not there is a Last Will ... http://boginmunns.com/law-firm-blog/index.php/what-is-probate/ The general process of suing someone or being sued is referred to as “litigation.”  There are various types of lawsuits, but in general, they each follow a set procedure.  Below are the major steps you can anticipate along the way. First, the person who wishes to sue someone (the “Plaintiff”) files ... http://boginmunns.com/law-firm-blog/index.php/litigation-by-the-numbers/ Whether you plan to drive it or not, if you own a vehicle with a state license plate you must cover it with the minimum liability insurance requirements. Returning your license plate to a driver license or tax collector office is the only way to legally cancel your insurance. The state’s ... http://boginmunns.com/law-firm-blog/index.php/florida-liability-insurance-requirements-for-private-passenger-vehicles/ What is a trademark?  A trademark is a word, phrase, or symbol, or a combination of them, that is used to identify and distinguish the source of a product from products from other sources.  It can be considered as your distinctive marketing brand.  For example, famous brands such as Coke®, ... http://boginmunns.com/law-firm-blog/index.php/introduction-using-a-trademark-to-mark-your-brand/ For the most part, an oral contract is as legally valid in Florida as a written contract.  There are exceptions though. Florida law creates a defense to a claim of breach of contract, called the Statute of Frauds.  Generally, to defeat the Statute of Frauds and create an enforceable agreement, a ... http://boginmunns.com/law-firm-blog/index.php/get-it-in-writing/ Bankruptcy is a process in which a consumer or a business can eliminate or reduce (also known as “discharge”) some or all of his/her/its debts under the rules and procedures of a federal bankruptcy court.  There are several types of bankruptcies – generally referred to by the chapter under the ... http://boginmunns.com/law-firm-blog/index.php/bankruptcy-basics/ When you decide to undertake your estate planning, the most important initial step is organization.  Without all of the relevant information, neither you nor your lawyer can prepare the best estate plan for you.  An added benefit is that your efforts will make it much easier for your loved ones ... http://boginmunns.com/law-firm-blog/index.php/organizing-the-estate-plan-%e2%80%93-your-last-will-and-testament/ You have taken your small Florida-based business to the next step either by forming a corporation or a limited liability company (LLC) through filing the necessary papers with the State of Florida.  Legally, you may have met all of the State’s requirements.  But have you taken all of the steps ... http://boginmunns.com/law-firm-blog/index.php/business-ownership-changes-%e2%80%93-planning-ahead/ In the 1970’s the Florida legislature passed the first Personal Injury Protection (“PIP”) law.  This law arose out of a desire to insure that those that were involved in automobile accidents had access to healthcare and were not an unreasonable burden on the governmental sources of medical care.  The Florida ... http://boginmunns.com/law-firm-blog/index.php/the-truth-about-floridas-pip-system-insurance-company-math/ After I wrote my first "A Bird in the Hand..." blog in August, 2010, I received some great feedback from readers in the community which inspired me to write this follow up.  There is much more information relevant to this topic that I was unable to originally include due to ... http://boginmunns.com/law-firm-blog/index.php/a-bird-in-hand-is-worth-two-in-the-bush-part-ii/ The foreclosure crisis continues to clog our court system and negatively affect our economy.  Many solutions have been debated and implemented in an attempt to quicken the foreclosure process so that balance may be restored to the court system and housing market. A little known statute, Fla. Stat. §702.10(2), may be ... http://boginmunns.com/law-firm-blog/index.php/fast-tracking-commercial-foreclosures-with-the-pay-to-play-statute/ The PIP statute still provides that PIP insurers can pay 80% of reasonable medical expenses.  However, the PIP statute also allows PIP insurers to pay based upon a fee schedule.  This fee schedule is known as the PIP fee schedule.  The PIP fee schedule utilizes the amount allowed by the ... http://boginmunns.com/law-firm-blog/index.php/the-pip-fee-schedule/ There are several misconceptions regarding whether an injured person needs to consult with an attorney following an accident.  Even when the facts of an accident seem to be “simple and straightforward,” there are often several complicating factors that only an experienced attorney can recognize and advise you on. By way of ... http://boginmunns.com/law-firm-blog/index.php/why-do-i-need-a-lawyer-if-the-driver%e2%80%99s-insurer-is-already-offering-the-policy-limits/ I have represented many folks injured in slip-and-fall or trip-and-fall accidents in Florida over the last 17 years. During my initial client meetings, most new clients tell me that because an accident occurred on someone else's property, the property owner is 100% at fault. Under Florida law, a property owner ... http://boginmunns.com/law-firm-blog/index.php/premises-liability-accidents-in-florida/ It is no secret that the housing and mortgage industries are both in a real mess.  Although everyone likes to point the finger at the other, it seems very clear that lenders and borrowers each share in some of the blame.  In the wake of ever increasing foreclosure filings, many ... http://boginmunns.com/law-firm-blog/index.php/can-i-really-get-out-of-paying-my-mortgage/ When a new client retains Bogin, Munns & Munns for an automobile accident case, they often ask why they must seek medical attention even when the other party was clearly at fault.  The answer is simple.  To determine if there are permanent, accident related injuries.  Unfortunately, it is not enough ... http://boginmunns.com/law-firm-blog/index.php/what-is-my-doctors-role-in-an-auto-accident-case/ This is a common question for employment lawyers, however, it is not always a simple question to answer as it often involves looking at a number of different factors before a proper answer can truly be given.  It is always prudent to speak with an attorney as many misconceptions exist ... http://boginmunns.com/law-firm-blog/index.php/am-i-entitled-to-overtime-compensation/ Prior Bogin, Munns & Munns bloggers have provided excellent explanations as to what types of auto insurance coverages are required by law in Florida, and the importance of carrying additional coverages such as UM (Uninsured/Underinsured Motorist Coverage), BI (Bodily Injury Coverage) and Medical Payments Coverage.  What is considered “Full Coverage” ... http://boginmunns.com/law-firm-blog/index.php/full-coverage-auto-insurance-in-florida/ The subject of this article does not pertain to cases where employees are making a claim under the Worker's Compensation Act, but rather in cases where the driver of the at-fault vehicle in the "course and scope of employment."  Florida law is well settled that both the owner of a vehicle ... http://boginmunns.com/law-firm-blog/index.php/looking-to-employers-as-a-potential-source-of-insurance-coverage-in-the-case-of-auto-accidents/ In 1993, Congress enacted the Family & Medical Leave Act or FMLA, for short. Generally speaking, the FMLA requires covered employers to afford eligible employees up to twelve (12) weeks of unpaid leave for the birth or adoption of a child or for the care or treatment of a serious ... http://boginmunns.com/law-firm-blog/index.php/family-medical-leave-act/ There are many due diligence items to be considered in the purchase of a commercial property, one of which is a Geotechnical Report.  Among other things, the Geotechnical Report reveals the vulnerability of the soils to sink-holes.  With the number of Florida sinkholes in various pockets of the state, if ... http://boginmunns.com/law-firm-blog/index.php/commercial-property-due-diligence-sink-holes/ We’ve seen a proliferation of 1-800 numbers or lawyer referrals service numbers advertising in the Orlando area.  If you’ve seen these ads, then you’ve heard the ads promise many things, even results, before your case/matter has been evaluated.  Perhaps you think this may be the best way to get legal ... http://boginmunns.com/law-firm-blog/index.php/why-call-a-lawyer-and-not-a-1-800-numberreferral-service-line/ An easement is an interest in real estate.  It gives one person the right to use another person’s land for an agreed upon purpose. Easements involve complex principles and those granting or receiving easements must be very careful in documenting the intentions of the parties. An easement may be created either by ... http://boginmunns.com/law-firm-blog/index.php/easements/ 1. Use caution when proceeding through intersections: Look to the left, then right, then look to the LEFT AGAIN! 2. When stopping at a traffic light and the light changes to green, use the "5 Second Rule" and WAIT 5 SECONDS BEFORE PROCEEDING. 3. Leave a safe distance between your car and ... http://boginmunns.com/law-firm-blog/index.php/avoiding-accidents-safety-tips-2/ Divorce and dissolution of marriage are two terms that many use interchangeably and without understanding the difference.  In Florida, marriages are not terminated by divorce, but rather the union of marriage is dissolved.  In Florida courts, those seeking to end a marriage file a “Petition for Dissolution of Marriage.”  They ... http://boginmunns.com/law-firm-blog/index.php/divorce-vs-dissolution-do-you-know-the-difference/ WARNING!  You may be underinsured.  It happens all the time.  Attorneys at Bogin, Munns and Munns, counsel clients who have experienced loss for which they cannot recover.  There are three reasons for this and one way to avoid it. The first, most obvious reason is that in tough financial times, it ... http://boginmunns.com/law-firm-blog/index.php/is-it-time-to-review-your-insurance-coverage/ When it is time to renew your automobile insurance policy, it is important to realize that you also need to update the information that you have previously provided to your insurance company. Many people sign forms and write checks, without thoughtfully considering if they are providing accurate information. But, whether ... http://boginmunns.com/law-firm-blog/index.php/where-did-my-car-insurance-go/ Almost every automobile insurance policy includes a requirement that the insured cooperate with the insurance company’s investigation of a claim.  If you are injured as a result of the use of an automobile accident, your insurance company may request that you submit to an Examination Under Oath.   An Examination Under ... http://boginmunns.com/law-firm-blog/index.php/examinations-under-oath-in-the-personal-injury-context/ We have a lot of real estate in Florida where people drive over private roads to get to their property.  Then, when they want to sell the property, there is a title problem.  The seller always asks, “Don’t I have a legal right to use the road if I have ... http://boginmunns.com/law-firm-blog/index.php/why-do-private-roads-cause-title-problems/ It is every parent's worse nightmare, that phone call letting us know that our child has been injured or worse, suffered a fatal injury, while driving.  The truth is that car accidents are the leading cause of death for teenagers ages 15 to 20, according to the National Highway Traffic ... http://boginmunns.com/law-firm-blog/index.php/the-hard-truth-about-teen-driving-fatalities-and-injuries-in-florida/ 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 ... http://boginmunns.com/law-firm-blog/index.php/selecting-an-orlando-personal-injury-attorney/ 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 ... http://boginmunns.com/law-firm-blog/index.php/are-you-liable/ 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 ... http://boginmunns.com/law-firm-blog/index.php/a-bird-in-hand/ 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 ... http://boginmunns.com/law-firm-blog/index.php/florida-law-protects-against-wrongful-disclosure-of-hiv-status/ 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 ... http://boginmunns.com/law-firm-blog/index.php/lawsuit-myths-propagated-by-insurance-companies/ The Durable Power of Attorney is traditionally one of the basic documents executed when undertaking your estate planning, creating a mechanism to handle your financial affairs prior to your death.  However, because of the broad powers granted in it, you should analyze the associated risks and benefits before signing one.  ... http://boginmunns.com/law-firm-blog/index.php/do-you-need-a-durable-power-of-attorney/ As Seen In the July / August 2010 edition of orlandoREALTOR By: Henry M. Cooper, ESQ. Under the Protecting Tenants At Foreclosure Act of 2009, certain tenants now have right post foreclosure sale. This act provides that when a foreclosure occurred on a federally-related mortgage loan or on any dwelling or residential ... http://boginmunns.com/law-firm-blog/index.php/evicting-a-tenant-in-a-distressed-market/ According to Florida Statute Section 316.614 (4), it is unlawful for any person: (a) To operate a motor vehicle in this state unless each passenger and the operator of the vehicle under the age of 18 years of age are restrained by a safety belt or by a child restraint ... http://boginmunns.com/law-firm-blog/index.php/legal-reasons-as-to-why-you-must-wear-your-seatbelt-in-florida/ There was a time when a handshake and your word was as good as any written contract. Those days, unfortunately, have long since past.  Today, reaching an agreement and getting it in writing is a key to any successful transaction.  Most people will enter into hundreds of contracts during the ... http://boginmunns.com/law-firm-blog/index.php/i-just-signed-a-contract-but-what-does-it-really-mean/ While non-compete agreements were once a rarity, they have become somewhat common in the modern workplace.  Issues regarding the drafting, interpretation, and enforcement of such agreements are common topics for the employment lawyers at Bogin, Munns, & Munns, P.A.  In this regard, the firm both meets with and often represents ... http://boginmunns.com/law-firm-blog/index.php/non-competition-agreements/ Most people who are involved in a motor vehicle accident are often confused when they meet with a lawyer for the first time after an accident.  Often times, they expect to see the justice, drama and large awards like they see on television.  They expect to be sent to a ... http://boginmunns.com/law-firm-blog/index.php/what-should-i-expect-from-my-motor-vehicle-accident-case/ There are three common types of ownership for property owned by more than one person. 1.  Tenancy by the entireties: Only a husband and wife can own property as tenants by the entireties.  If real property is owned by a husband and wife, there is a presumption of a tenancy by the ... http://boginmunns.com/law-firm-blog/index.php/types-of-joint-ownership-of-property-amongst-individuals/