Can You Run Out of Time to File an Accident Lawsuit?

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This is a guest post, courtesy of Marc Yonker, a Managing Partner at Winters & Yonker, P.A.

If you are in an accident in Florida, in the immediate aftermath you will likely be more concerned about recovering from any injuries you sustained as a result. However, eventually you will want to think about potentially filing a lawsuit against the parties responsible for the accident. One of the most common questions is, if there is any time limit for filing a lawsuit.

Every state in America has a hard deadline after which you are no longer eligible to file an accident lawsuit, and this deadline is called a Statute of Limitations. Take California for example, where the Statute of Limitations is two years. The Statute of Limitations for accident lawsuits in Florida can range from two to four years, depending on the specific circumstances surrounding the incident. Here’s a quick guide to help you figure out what applies to your case.

Statute of Limitations for General Accident Cases

For most accident cases in Florida, the Statute of Limitations for filing a lawsuit is four years after the exact date on which the accident occurred according to Florida Statutes Annotated section 95.11(3). If you do not file a lawsuit within that time frame, the courts will likely throw out any subsequent attempts to file one. However, Florida also includes provisions for special accident cases. For instance, there are cases where you might be in an accident but not find out until well after it happens that you suffered a significant injury as a result. For such cases, you might be given an extension for your deadline to file a lawsuit. It is also worth noting that there is some variation in the Statute of Limitations for accident cases depending on the severity and nature of the injuries and damages. One notable exception is if you are filing a lawsuit for an accident case that resulted in death, it might follow a different standard for the Statute of Limitations.

Statute of Limitations for Accident Cases Resulting in Death

If the lawsuit you want to file for an accident case is for someone who died as a result of the accident, the Statute of Limitations works differently. Where personal injury cases in general have a four year deadline from the date of the accident, the deadline changes to two years from the date that the person passes away as a result of injuries sustained in the accident. For example, if someone is in an accident but only passes away one year after the date of the accident, the two year limit would begin on the date of the death. This gives some flexibility to people handling an accident case that leads to a death down the line.

Statute of Limitations for Accident Cases Involving Government Bodies

What happens if you are in a car accident with a city bus, or if you slip and fall in a courthouse or another building owned by a city, county, or state government? If you are in an accident case and the party responsible is a government employee or government agency, the time limit works much differently. For example, before you can file a lawsuit you must file a Notice of Claim in a written letter against all involved parties and agencies involved in the accident. The deadline for issuing this notice is three years from the date of the accident. If the claim is denied, you can then file a lawsuit with the same deadline of three years from the day of the accident. If the accident case results in death, a claim and lawsuit must be filed within two years of the day of the accident.

About the Author:

Marc Yonker is a personal injury attorney in Tampa, Florida. He has a great passion for serving the public and providing justice for those in need through his position at the Winters and Yonker law firm. He believes that teamwork is a key element for great success. This is one of the beliefs that helped form the law firm, with his partner Bill Winters. When someone is wrongfully injured they deserve just compensation for the hardships they have been put through. Winters and Yonker helps clients in their fight for justice. They strictly handle personal injury cases which mostly comprises of auto accidents and slip and fall accidents, among many other types of vehicle-related accidents, death cases and even electrocutions.

A New Year Kicked Off Behind Bars

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Rob Collier, California Drivers Advocates

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The Press Enterprise released an article discussing the demands of Inland Law Enforcement Agencies regarding the conduct of citizens celebrating during the New Year. Law Enforcement professionals suggest that all citizens limit their consumption of alcohol to promote safe driving. You should also plan to find an alternative ride if you are impaired, plan to be a responsible party host, and plan to play with party poppers instead of a firearms. Those people choosing to ignore these simple demands will end up spending the New Years Holiday behind bars. Police plan to operate several DUI checkpoints and extra patrols across Southern California to catch drivers under the influence of alcohol, marijuana, illegal drugs and prescription medications during the holiday weekend. This is a concerted effort designed to promote safety on and off the road.

The winter season brings several holidays that are intended to be a time of unity, joy, and love. Unfortunately, the holidays can also bring devastating accidents and incidents as people tend to drink and drive more during these seasons. The abundance of holiday parties, events and more are the primary catalyst for this increase. During these parties alcohol often flows freely and many times otherwise law abiding citizens find themselves impaired and making the choice to drink and drive. The choice to drink and drives places virtually everyone at risk. An impaired driver makes the conscious decision to endanger themselves, other drivers and pedestrians. All it takes is one drink and a life could be taken or an innocent person could suffer a life-changing injury. Police Agencies recommend that party-goers plan ahead so that if you drink too much, you can either catch a ride with a friend or a ride-share.

If you or anyone you know is caught in a DUI checkpoint and fails to pass the tests administered, you can absolutely plan on being prosecuted in court for a misdemeanor. More seriously, involvement in a traffic collision while driving under the influence may cause you to face serious felony charges and potentially a civil lawsuit for any major damages caused by your negligence.

As for your driving privilege, the DMV is required to take action against an intoxicated driver. The moment a law enforcement officer makes an arrest, the Administrative Per Se Laws kick in and the DMV begins the process to suspend or revoke that person’s driver license. Defending one’s driving privilege is the obligation of the accused driver. Action must be taken with the DMV within 10 days of the arrest to avoid the automatic suspension of the license. It is very important to find a professional DMV Advocate that can lead you through the process to ensure you have the best opportunity to win your case and keep your license intact.

If you find your self arrested for DUI this holiday season, do your research and find an expert DMV Defense Team to take on your case and fight for your rights. It is vital to find a representative with the correct level of knowledge and experience to ensure the best outcome at your DMV Administrative Hearing. California Drivers Associates is a team of DMV Defense Experts that can help defend Standard, Commercial and Special Certificate Drivers at the DMV when their driving privilege is at risk of suspension or revocation. Rob Collier is the President and CEO of California Drivers Advocates. He and his firm are dedicated and experienced with every type of Administrative Hearing conducted by the DMV. Visit Rob and his team at their website or contact them at 1-888-281-5244. They will be happy to answer any questions you may have with no obligation.

Murrieta Divorce and Freezing Retirement Accounts

By

Joel Smith

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While a divorce can be a traumatic and very emotional event, understanding your rights and how to protect them from the start will provide to be valuable when a significant amount of assets and debts are involved in the case. With respect to assets and debts, retirement and or pensions and major financial accounts are all grouped together with the division of community assets and debts. Retirement and pension accounts can sometimes be very large, and also represent a major portion of overall assets and debts held jointly, so it is very important to understand your rights pertaining to them as well as how to protect those rights when initiating a divorce case in Murrieta. This would also apply to those in Murrieta who have already initiated a family law case at the County Superior Court but have not yet placed a freeze on financial accounts with a large value.

Murrieta Divorce Case, What is a Retirement Account?

In this article we will simply refer to accounts as “Retirement Accounts”, but based on the process with the California courts, this can include a broad range of accounts that were acquired during the marriage, known as community property assets. As part of the courts required preliminary disclosures phases, all assets and debts are to be listed, which would include retirement accounts. This is evident when looking at the required disclosure form for property, the California Judicial Counsel Form “FL-160”. Section 12 and 13 allow for listing these accounts there. This would include employer sponsored retirement accounts and pensions. Within these there may be specific types of accounts like 401(k), 457(b) and straight pension accounts. Further on the disclosure form you can list profit sharing accounts, IRAs, Deferred Compensation plans and even annuities. The court processes treats and handles these types of accounts in a similar manner, but for the sake of this reference guide we will refer to them simple as retirement accounts.

Why Would I Need to Freeze a Retirement Account in my Murrieta Divorce?

While freezing a retirement account is not always required to move forward to split or divide the account, it is an available option through the court and is very simple to execute. One popular benefit to freezing these accounts in your Murrieta divorce is to protect the community interest in the account. Once a divorce starts things can get tense and the parties may have thoughts about their entitlements to assets that do not line up with the courts property division guidelines. Someone may think that because the account is in their name, and through their employer, that it is their sole assets. In California, which applies to Murrieta divorces, those assets are often community property regardless of party who has the account. Community property in California is subject to an equal division. Before an account is frozen that person may have the ability to liquidate or cash out the account and once that is done the court can still make an order for division, but it is more difficult to get half of an account when it has been emptied or closed. Simply put, freezing the account will place a hold and the account will be restricted from distribution until further order of the court. Another reason to freeze an account is that in California, as a pre-requirement to a QDRO (the order that actually splits the account after a family law judgment), is required. Certain plans in California have been identified to require the freeze and when the dust settles on the division of assets this will have to be done anyways.

The Forms Needed to Freeze a Retirement Account in My Murrieta Divorce Case

In California it is simple to freeze a retirement account within your divorce or family law case. Requirement one is that you have an open family law case. You cannot file documents to freeze the case unless you have a case open. If you are in Murrieta, likely you have an open Family Law case in the Hemet Family Law Court of Riverside County. There are only 3 required forms to complete and file with the court to do so. FL-375 Summons Joinder is a cover sheet to your documents and is required for when the freezing documents are filed and then must be served on the plan administrator (account holder). Next FL-370 – Pleading on Joinder – Employee Benefit Plan is information about your divorce case and the account in question. Last is the FL-372 – Request for Joinder of Employee Benefit Plan and Order. This form is your formal request and what the clerk of the court will stamp and sign making it an order for freeze. These documents are prepared, filed with the court and then you have an order for freezing the account.

Murrieta Divorce – I Have an Order Freezing A Retirement Account, Now What?

Once you have filed the appropriate documents to freeze your retirement account inside your Murrieta divorce, you are not done. The court does not contact the plan administrator or do anything further to finish the freezing process. Simply, you have an order from the court but the plan has no idea, and if they don’t have a copy of the order then how are they suppose to comply with it. The next step is for a serve (notification and delivery of the filed documents) on the plan. For a quick reference to methods of serve, look at page 2 of the Summons-Joinder referenced above. Essentially, the documents need to be given to the plan administrator and a proof of service needs to be filed back at the court. This is how the court knows the process is complete and how you know the plan has the order and will prevent any distribution on the account.

Murrieta Attorney to Advise of Rights and Responsibilities

If you live in Murrieta and either have an open family law case, or will be filing one soon, understanding the process and timeline as well as how the court could potential divide such accounts is information most family law attorneys in Murrieta can provide. An initial consultation is usually always free and you can obtain some foundational information not only about freezing accounts, but also other aspects of your case such as custody and visitation, as well as child and spousal support. If you have a large number of retirement accounts and you think the division of those may be contested by the other party a QDRO or Pension Division Attorney may provide more specific information.

No Time To Wait – Need to Freeze a Retirement in My Murrieta Divorce Now

If you do not have time to wait and have an open family law case and want to freeze a retirement account right away, a document preparation service can typically process the joinder documents, file and serve them for you within a few days time. For residents of Murrieta, one such company is Just Document Preparation, with an office in Murrieta on Ivy and Jefferson, near old town. You can learn more about their Joinder and QDRO service here.

Spousal Support in Temecula – Where to File

By

Joel Smith

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If you are looking to file for spousal support in Temecula, CA, this quick reference guide will provide some topical information about the process as well as some resources for spousal support professionals in the Temecula area to help you on your journey. While spousal support requests are essentially following the same standardized California Courts process, we will try to give information that is specific to the residents of Temecula who are either about to start the process for spousal support orders, or are looking to modify or terminate their current spousal support orders.

Where to File for Spousal Support in Temecula

There are a few factors to consider when determining where to file for spousal support if you live in the Temecula area. The first is, do you already have an open family law case. If you do, then almost always, you will file your spousal support request at the same location your current family law case is being handled. If you were a resident of Temecula when you opened your case there is a good chance that it is filed in the Riverside County Superior Court, Family Law Division. The current locations of these courts are: Riverside, Hemet, Indio and Blythe. You can see the respective location and contact information for these courts here: http://www.riverside.courts.ca.gov/address.shtml.

If you or the other party were not a resident of Temecula when the case started, your case may be in another court in California, or even out of state. Just because you moved, your court case does not follow you. Court cases remain open and active where they were initiated until formal requests and orders from the court are made giving permission for them to be moved to new court locations. This process is not common and doesn’t apply to the majority of people who no longer live where they had opened a court case. After talking to Temecula Family Law Attorney, you will have a better understanding if your case should be moved to Riverside Superior Court, Hemet Family Law Branch. If you are advised to file on your open case, California attorneys may not be able to help if it is out of State or even in a County far enough from their practice area. In situations like this, you can use an online attorney directory to search for attorneys in the area your case is filed.

Where to File a New Case for Spousal Support in Temecula

If you do not have an open family law case, then California allows you to initiate/open one in the County of your residence… most of the time. Residency is the first qualifying factor, but an example of a situation that could override that is the location of minor children. Common practice is to open family law cases in the jurisdiction where minor children live. Since family law cases like divorce and legal separations could make orders for custody, visitation and child support, the court aims to have those very important orders made where the minor children live so that they have the most useful effect and bearing on the children. Example would be dad and children live in Temecula, but mother is looking to file for spousal support and lives in Santa Ana. A family law attorney would likely recommend her filing in Riverside Family Law Court. While this is just one example and each case is different, it does show spousal support filings have many moving parts that may not even be directly related to the spousal support at all. In situations where you live in Temecula but may be filing in another court, California Courts has a quick reference listing of other courts in all 58 California Counties here: http://www.courts.ca.gov/find-my-court.htm. Again, a local family law attorney can still be your best resource and starting point, even if it means that they are going to refer you to resources outside of Temecula. You can start by viewing a list of those local Temecula Attorneys here: Spousal Support Attorneys in Temecula. The easy answer however, is that for residents of Temecula, without an open family law case, they would likely file their spousal support case in Hemet Family Law Court, which handles Riverside County’s family law workload for most of south Riverside County.

Spousal Support in the Inland Empire

While the Inland Empire is one of the largest metro areas in the Country, spanning San Bernardino and Riverside Counties, many residents may move and change residences, but often stay within the two large Counties. Between both Counties there are 7+ family law courts that would handle spousal support cases. You can see the San Bernardino County Family Law Courts here: http://www.sb-court.org/Locations.aspx. We mention this because the distance between family law courts between the two Counties can be so far that many Family Law Attorneys in Temecula simply won’t travel or represent a party in a San Bernardino Spousal Support case. An example would be a spousal support attorney in Temecula not representing clients with cases in Victorville Family Court. We can see here the distance is almost 90 miles and at least 1.5 hours north and if you factor a round trip, time in court and more, it could take a Temecula attorney a whole day when they could represent a similar case in Hemet court in an hour or two.

If you have already have a family law attorney in Temecula but they do not offer their services in popular San Bernardino Courts (San Bernardino and Victorville), local San Bernardino County Family Law Attorneys can help. Schwartzberg | Luther, APC has offices in Rancho Cucamonga and Victorville, you can see more about them here: Victorville divorce attorney.

Another alternative to help you file spousal support in Temecula, would be contracting for simply the document preparation. Either your request for order, or trial at issue can often be done by a local legal document preparation service like Just Document Preparation, they have an office right in Murrieta. The good part about this option is these types of companies can often complete and file the forms in any County Court in California and then if you expect the request to be contested, you can “sub” and attorney on for the hearing/trial only. This option can save some money in the process.

What is Negligence?

By

Scot Moga

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When a person files a claim for injuries caused by another, the person who caused the damage can be legally liable for any consequential damage. This comes from the legal principle of negligence. Generally, a person who acts carelessly and causes injury to another is legally responsible for any resulting harm. The basis for determining fault is used in most claims concerning an accident or injury.

Elements of a Negligence Lawsuit

The injured party (the plaintiff) is required to prove four elements to establish that the party at fault (the defendant) acted negligently:

Duty: Under the circumstances, the plaintiff was owed a legal duty from the defendant.
Breach: The defendant acted or failed to act in a certain matter and therefore breached this legal duty.
Causation: The plaintiff’s injury was actually caused by the defendant’s actions or inactions.
Damages: As a result of the defendant’s actions, the plaintiff was injured or damaged.

Element #1: Duty

The first step is to evaluate whether the defendant owed a legal duty of care to the plaintiff. In certain circumstances, the defendant has a legal duty to act reasonably. For example, a person is required to safely operate a vehicle with appropriate care. A special relationship, like that between a doctor and patient, also creates a legal duty.

Element #2: Breach of Duty

Next, the court will determine if the defendant breached this legal duty by failing to act as a reasonably prudent person would act under similar conditions. The legal standard of a reasonably prudent person reflects how an average person would responsibly behave in a particular situation.

Element #3: Causation

The plaintiff must then show that the defendant’s negligent behavior was the actual cause of the injury and that it was reasonably foreseeable that the defendant’s actions would cause harm to another. If the plaintiff’s injuries were caused by a random, unanticipated act, the court could find that the defendant is not liable because the injury was not foreseeable.

Element #4: Damages

Finally, the court must be able to reward the plaintiff with compensation for his or her injuries. The plaintiff usually receives monetary relief for expenses and other damages incurred because of those injuries.

Seek an Attorney to Evaluate Your Personal Injury Claim

If you have suffered injuries because of another person’s negligence, contact an Inland Empire personal injury lawyer. Victims who are injured because of another person’s recklessness or negligence may file a personal injury claim. Our devoted attorneys will ensure that you receive compensation from the reckless party who caused your injuries.

At Moga Law Firm, we will evaluate your claim to make sure you receive full and just compensation for your damages. You can recover monetary rewards for your injuries including medical expenses, pain and suffering, loss of wages, and emotional distress. Our experienced Upland, CA personal injury attorneys are fully capable of handling a variety of accident and injury claims. Your initial consultation is free and no legal fees are owed until we recover for your claim. Call 909-931-2444 to ensure your claim is investigated properly and filed on time.

Peaceful Protest Gets Out Of Hand After Car Rams Through Crowd

By

Justin King, Esq.

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Protest Results in Auto vs. Pedestrian Accidents

A 56-year-old man was arrested on the afternoon of October 26^th for driving into a crowd of peaceful protesters described in a recent online article by The Press-Enterprise. Brea resident Daniel Wenzek was arrested at the intersection near Rep. Ed Royce’s office on suspicion of felony assault with a deadly weapon. The man’s motive for driving through the crowd is unknown and is still being investigated; however, luckily no serious injuries were reported. According to the article, the protest started with 150 to 200 supporters of Temporary Protected Status demonstrating near Royce’s downtown office at around 1 p.m. The whole demonstration lasted about 20 minutes and remained peaceful until the car came and rammed through the protest crowd. Police reported that the demonstration was almost over and the protestors were moving from the streets as Wenzek slowly began driving through the crowds. Police arrested him immediately but Wenzek was released later in the afternoon pending further investigation.

Demonstrations often bring high energy and demonstrators and bystanders alike can be on edge due to large crowds and a certain level of unpredictability. Agitated drivers can become violent as their impatience overcomes their sense of calm and certainty. Protestors can also provoke drivers, causing them to get riled and make instant and disastrous decisions. With respect to protests and demonstrations on or near roadways, protestors can also get caught in a driver’s blind spot and become instant targets for injury. It is also possible that drivers can just become overwhelmed in their surrounding and lose control of their can the midst of unfamiliar confusion. Whether angry, nervous, or provoked, serious and fatal accidents can occur and they can be life changing.

Pedestrians Have Rights as Victims of Serious Accidents

Even though the man may be charged with criminal charges by the County district attorney, victims of accidents like this can still pursue personal injury claims in civil court. They can fight for compensation for damages and injury they suffered as a result of negligent driving. It is important for the victims to find an attorney that is familiar with injury claims as a result of negligent drivers and even those with more sinister motives. An attorney that will invest their full time, experience and dedication to the case of victims is one that can provide potential for the best outcome for a victim found in a situation like this.

Justin H. King is an experienced personal injury attorney that represents victims in Rancho Cucamonga. His firm, the Law Offices of Justin H. King only practices personal injury and specifically provides representation for victims involved in serious and traumatic accidents pertaining to auto accidents, wrongful death claims and more. Justin vigorously and compassionately represents his injury victims against insurance companies as he has achieved numerous six and seven figure results for his clients. You can visit his website, schedule a no obligation and confidential consultation at his office located at 3633 Inland Empire Blvd., # 250 Ontario, CA 91764, or call the following number 1 909-297-5001 to talk to Justin.