Understanding the Difference between a Misdemeanor and a Felony in Florida

If you’ve ever watched an episode of Law and Order, you understand that the legal realm is incredibly complex. This includes the classification of crimes. Florida, like other states, separates crimes into two separate categories called misdemeanors and felonies. Each category involves different punishments and consequences.

What is a Misdemeanor?

A misdemeanor is a lower-class crime than a felony. It is defined as any criminal offense punishable by less than one year in jail. Misdemeanors are divided between the first and second degree. A misdemeanor of the first degree is the most serious type in Florida. It is punishable by up to one year in prison and a fine of up to $1,000. A second degree misdemeanor, meanwhile, is less serious and punishable by up to 60 days in jail and a fine of up to $500. The most common misdemeanors include petty theft, minor marijuana possession, prostitution, disorderly conduct, and battery. Read More

What are the DUI Laws in Florida?

You would never set out to be charged with driving under the influence (DUI) in Florida, but unfortunately mistakes happen and you could potentially find yourself in that situation. It is essential to understand the DUI laws in Florida and seek a qualified attorney who will defend your rights and help you overcome such a difficult situation.

The Definition of a DUI Read More

The Florida Supreme Court Has Rejected Medical Malpractice Caps

Back in 2003, then-governor Jeb Bush and the Florida Legislature implemented a controversial change that limited the pain and suffering damages that plaintiffs were able to collect in medical malpractice cases. They spent months debating whether the caps should be implemented due to a report of a crisis of high insurance premiums. Though plaintiffs’ attorneys strongly opposed the implementation of caps due to the injustices it would cause injured patients, Bush decided to sign the law nonetheless. As he approved it, the law capped damages at different amounts based on certain factors. Read More

According to the Florida Supreme Court, Physicians Could Be Liable in Suicide Cases

As suicide rates around the country continue to rise at an alarming rate, more attention is being placed on what can be done to prevent such tragic deaths. In the legal realm, a Florida court was recently faced with the task of determining the responsibilities and liabilities of physicians in certain instances of suicide.

Suing For Medical Malpractice After a Patient’s Suicide Read More

What Premises Liability Laws Apply in Florida?

If you sustain an injury on your own property, you may not have anybody to blame but yourself. However, if you sustain an injury while on somebody else’s residential or commercial property, it is possible that the property owner holds responsibility for your pain and suffering. This concept is known as premises liability, and it applies everywhere, from grocery stores and casinos to amusement parks and hotels. Since each state’s premises liability laws are unique, it is important to understand the specific laws at work in the Tampa, Florida area.

Identify Your Status As the Victim Read More

Mother with Incurable Breast Cancer Achieves Victory in Medical Malpractice Lawsuit

Marlande Lazard is the last person you would expect to be blindsided by breast cancer. She spent 25 years working as an emergency nurse and traveling on medical missions to teach women in Haiti how to check for signs of breast cancer by padding their fingers around the breast and armpits in small circular motions to uncover any bumps. Read More

Worker’s Compensation Reform is Still Not a Reality

Florida’s workers’ compensation system has been experiencing significant turbulence over the last few years, and there doesn’t seem to be an end in sight.

In 2016, the Florida Supreme Court caused a major change to the workers’ comp system when it ruled in the case Castellanos v. Next Door Company. Marvin Castellanos of Miami suffered neck, shoulder, and head injuries while working for Next Door Company. His workers’ compensation case went to court, and Castellanos was only awarded $822.70 compared to the nearly $37,000 that his attorney had fought for. The attorney himself only earned $164 due to the fee laws that state the attorney receives 20 percent of the first $5,000 in benefits and 15 percent of the next $5,000.     Read More

Take These Steps to Remain Aware of Motorcycles on the Road

The warm and sunny weather has arrived in full force in Tampa, which means motorcyclists are hitting the road in high numbers. May is designated as National Motorcycle Awareness Month, but the critical importance of motorcycle awareness doesn’t fade simply because May has come and gone. The National Safety Council (NSC) provides simple yet powerful tips to help motorists remain aware of motorcyclists on the road, especially during the busy summer months. Be sure to follow these tips yourself in order to avoid catastrophe. Read More

Why Did Florida State Fail to Repeal PIP?

Since the 1970s, the Florida government has required a unique type of car insurance called Personal Injury Protection, or PIP.  This no-fault insurance requires every car owner to carry a minimum of $10,000 in coverage. If an accident occurs, drivers can be automatically compensated for their medical expenses, lost wages during medical care, and property damage without fighting with their insurance company over fault. Read More

Understanding the Overlap between Social Security Disability and Workers’ Comp

When you become disabled due to an injury at work, you will most likely qualify to receive workers’ compensation to cover your lost wages and medical costs. However, if that workplace injury or illness leaves you fully disabled, you may also qualify for social security disability benefits. This sounds exciting, but since both forms of disability are considered to be government funded, there are actually limits on what you can collect. It’s best to work with an attorney to ensure that you overlap your social security disability and workers’ compensation benefits to maximize the financial support you receive. Read More

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