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Miami Florida Law Blog

How can I document expenses from an injury?

Suffering an injury is never an easy situation. Whether you were injured in a car accident, workplace accident, slip and fall, assault or other type of incident; you will want to seek compensation for your injuries. When injuries are caused by someone else, you shouldn't be responsible for paying the medical bills associated with your care. So, how do you document expenses stemming from an injury?

One of the most important ways to document any expense from an injury is to save the receipts for payment. Whether you make a co-pay, send in a check for an invoice or receive a statement from your insurance company; make sure you save every single document that explains money spent by you or on your behalf by your insurance company.

Exploring the issue of changing employment contracts

When you are offered employment in Miami, you will be required to sign an employment contract. If you are not presented with a contract before your first day on the job, you should walk away immediately. Only a contract will protect you when there are issues with your employment status. With that said, let's explore the issue of changing employment contracts.

If your job is viewed as at-will employment, then you likely don't have much of an employment contract. Because of this, your employer can terminate you without cause and at any given time. If, however, you have a contract, it means that the employer cannot change your scope of employment without mutual agreement.

How do I resolve a construction dispute?

Construction disputes happen more often than many people realize. The fact that you don't hear about a lot of them is due to both parties resolving their issues before they reach the news. Construction disputes can occur on any type or size of project, from the construction of a shed to the construction of a new skyscraper. So, how do you resolve a construction dispute in Florida?

If there is a negotiation clause written into your construction contract for any disputes that arise, you will need to try to this method first for resolving the disputes. Negotiation occurs when the contractor and the owner of the project try to fix the dispute before moving to different methods.

Hurt? Look for a bilingual attorney to help

With any personal injury, part of the claim has to be good communication. When you file a claim, it has to be understandable in the insurance agency's preferred language. Even in Florida, there are agencies that prefer claims made in English over Spanish. Some have translators and workers who speak both languages, but the burden is still on you to make sure your claim is clear.

For most people, working with a bilingual injury attorney is a key component to obtaining the most compensation for your injuries. One thing to keep in mind is that an attorney who struggles to understand you or whom you struggle to understand is probably not the best fit for your situation. So, what can you do?

Possible defenses to a medical malpractice claim

Medical malpractice is a serious accusation that can be made by anyone who has stepped foot in your office, has consulted with you or who has received treatment from you in Florida. You can be as careful as possible when talking to or caring for a patient and that patient could still make a medical malpractice claim against you. Here are some possible defenses to medical malpractice if you ever face such an accusation.

The first defense you can use in your case is known as contributory negligence. This is when you tell the court that the malpractice would not have occurred if not for a negligent action taken by the patient. Examples for this defense include patients failing to disclose important parts of their medical history or if the patient mixed medications against the instructions of the doctor.

Delayed onset of pain is real and troublesome

Any type of accident can cause you to suffer an injury or pain. It could be a car accident, a motorcycle accident, a workplace accident, an accident at home or an accident at school. It doesn't matter the type of accident that happened. All that matters is the severity of the accident when it comes to looking at your injuries and subsequent pain. One type of pain, delayed onset of pain, is a real issue.

The various types of pain that could develop days after an accident include the following:

  • Pain of the shoulders or neck
  • Headaches
  • Pain in the back
  • Abdominal pain
  • Tingling or numbness of the extremities

Tips for legally breaking an employment contract

Almost every job in Florida and through the country is considered employment at will. This means that both the employer and the employee can terminate the terms of employment at any time, often without warning, and will be free of any legal repercussions. Now, there are situations where the employer must give some sort of reason for termination and it must not be discriminatory. Here's how you can legally break an employment contract.

One of the most common ways to break an employment contract is by submitting your two weeks' notice in writing to a supervisor or the human resources department. Most employment contracts put a clause in about termination by the employee. Follow this clause and make sure you are doing the right thing in order to avoid any legal issues.

Looking at the role of the construction manager

No matter where you look, you are bound to find something being built, renovated or torn down. This is the world of construction, and it is always moving in Miami and the rest of Florida. The industry is so important that there is a position at every construction firm known as the construction manager. Not many people really understand the role of the construction manager, even if they have hired a construction company.

The manager of a construction project will be at the helm from start to finish. He or she will handle the budget for the project, the ordering of materials, finding the right workers for the job and even putting together some of the plans for the project.

How to protect your business from liability claims

When it comes to running a business, there's so much that can go wrong in the blink of an eye. Business owners should be doing everything possible to protect their companies from top to bottom. It doesn't cost much to protect your business, especially when it comes to liability claims in Miami. Follow the tips outlined in today's post so your company doesn't experience liability claims.

If your company sells goods or products to customers, you must make sure that every dangerous product comes with a warning label. This should not be a generic warning either. It needs to be a descriptive warning that explains how each product can be dangerous to the customer if not used in the way in which it is intended.

Mold growth and water seepage could be signs of a bad contractor

Many people dream of building their own home for years before it becomes a reality. You may own several homes in the meantime, or you may just rent while saving for the cost of land and construction. Regardless of how you finance and plan for building your home, you clearly expect that the home will be safe and pleasantly livable when construction is all done.

Sadly, that isn't always how home building turns out for people in Florida. With many low-lying lands and swampy areas, as well as heavy levels of annual rainfall, Florida homes are particularly susceptible to flooding, seeping waters and eventually, mold growth. If you're dealing with these issues in a newly built home, it could be the result of an incompetent or unethical contractor.

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