When it comes to dividing up your property and assets, the question becomes do you need a living trust or a will? The simple answer is that you might require both, depending on the size of your estate and the amount of control you would like to exert over the process.
Many times, veterans of the United States Military, who fight to defend our freedom overseas, return home with injuries sustained in the line of duty which prevent them from returning to the workforce. When this happens, they are owed disability pay. Unfortunately, it is estimated that nearly 70% of all veteran disability claims filed are initially denied by the Department of Veterans Affairs. What follows can be a long nightmare filled with paperwork, appeals and a lot of anguish. Hiring an attorney skilled in veteran law can help make this process easier and faster.
America has been and always will be the land of opportunity. This is a country that many dream of and journey to in an attempt to secure their own futures, as well as prosperity for their families. But immigration law can be a harrowing field to journey through on one’s own. Attorneys who specialize in immigration law are an invaluable resource in your quest to attain permanent residency and US citizenship.A good immigration lawyer will aid in organizing and explaining the various documents, details, and practices involved in obtaining a green card. The immigration attorney will help you sort through the dozens of documents and laws you have to be aware of. Your lawyer will also assist in filing the proper documentation for a green card or citizenship.
When starting a business, whether online or at a physical location, it’s important to remember one simple truth. A business attorney is essential for the safety and success of your company.It’s typical for new business owners to focus primarily on things like marketing, staffing, and sales, but establishing a relationship with a trusted attorney early on helps to head off potential issues before they arise. Most new companies don’t approach a law firm until they’re already being sued, and by then it may be too late!
There are a plethora of vital tasks a firm such as The Orlando Law group tirelessly undertakes for business owners that range from important agreements, to mergers and acquisitions, to succession planning and more.
Everything that has a beginning also has an end. This old adage rings especially true in reference to business ventures.The companies that we breathe life into through ingenuity and elbow grease can be a legacy we leave behind at the end of our careers. Will you be prepared for retirement? Who takes control of your company when you ride off into the sunset? These questions can be easily answered by a well laid out succession plan.
There is no end-all instruction manual for planning a smooth succession, however, the following steps are widely accepted best practices which should be implemented to ensure this transitional period has every advantage going in.
By Heather A. McLeod, The Orlando Law Group, PL
Published in “Building Central Florida” Magazine
On April 28, 2016, the Florida Supreme Court rendered its decision in Castellanos v. Next Door Company. Shortly thereafter the Florida Supreme Court rendered its decision in Westphal v. City of St. Petersburg on June 9, 2016. The Castellanos case had been tried on July 3, 2012 and then oral argument took place on November 5, 2014. Westphal was tried on June 22, 2012 with oral argument occurring on June 5, 2014. So, these cases sat pending for 540 days and 735 days respectively since oral argument. These two decisions have now turned back the clock on major provisions of the workers’ compensation law.In Castellanos, the Supreme Court declared the attorney provision of the statute unconstitutional. The statute had been changed in 2003 as such that an attorney representing an injured employee was strictly restrained to a formula fee based upon the value of the benefits secured. Prior to 2003, the statute allowed for a reasonable fee which would further allow for an attorney to receive their fee based upon the reasonable hours to secure the benefits.
In coming to this ruling, the Court explained that the attorney’s fees in Florida workers’ compensation serve a dual purpose. First, the fees enable the injured worker who has not received benefits to obtain competent legal assistance. Secondly, the fees serve as a penalty to employers that are wrongfully denying benefits. As a result of the Castellanos decision, the attorney for the injured worker has the ability to show that a statutory or formula fee will result in an unreasonable fee and thereby assert a fee based upon the hourly basis.
The Court in Westphal declared the provision of the statute, 440.15 (2), as unconstitutional. This section limited the injured worker to 104 weeks of temporary total disability. The Court stated that this limitation deprived the injured worker of disability benefits under these circumstances for an indefinite amount of time which created a system of redress that no longer functioned as a reasonable alternative to tort litigation. Workers Compensation Insurance provides the Employer with immunity against a civil action. As such, the injured worker gives up the right to sue them in tort for exchange of workers’ compensation benefits. The Court found that the limitation to 104 weeks was no longer a reasonable exchange for giving up the rights. To provide some history, Westphal involved a firefighter who had exhausted his 104 weeks of temporary benefits and sought Permanent Total Disability benefits. However, he still required additional surgeries and did not meet the prerequisite for Permanent Disability Benefits because he had not reached Maximum Medical Improvement. Thus, he fell into a gap period between exhausting the temporary benefits and being able to pursue permanent benefits.
The Supreme Court found this gap period violated access to courts and cut off their benefits at a critical time with no redress. In declaring it unconstitutional, the Court revived the 260-week limit on temporary total benefits that existed in the pre-1994 version of the statute.
WHAT EFFECT WILL THESE DECISIONS HAVE ON EMPLOYERS?
As a result of the Castellanos decision, we have seen an immediate spike in attorney representation for injured worker’s claims and the filing of claims. Moreover, there were awards of attorney’s fee to claimant’s attorneys going back several years which had just been sitting out there. There was no way to push the fee issue and the claimant’s attorneys were waiting until this decision in order to pursue an hourly based fee.
We are seeing the filing of Verified Petitions for Fees to resolve those old fee awards on an hourly basis. While the starting point still remains the formula fee, there is no doubt that we will see more litigation as claimant’s attorneys will have an incentive to take more depositions and engage in more litigation in order to provide evidence that the statutory fee would produce an unreasonable result. We will see their willingness to litigate smaller issues as there is an incentive to do so.
With Westphal, there is still some ambiguity as to the extent the limitation of 104 weeks applies. The Court’s decision rendered the statute unconstitutional only “as applied to Westphal and others similarly situated.” Thus, the ability to secure the additional weeks may be dependent upon how similar the injured worker is to Wesphal. In the pre-1994 statute, it provided 260 weeks for temporary total benefits and a separate 260 weeks for temporary partial benefits. As such, this decision could mean the injured worker is entitled to up to 260 weeks of temporary total and that includes the 104 weeks of temporary partial.
Alternatively, the decision could mean the injured worker is entitled to up to 520 weeks of combined temporary total and temporary partial. Nonetheless, we can expect that there will be a push for injured workers to remain on a no work status for as long as a period of time as possible. Because of Castellanos and Westphal, the exposure for claims has increased which means an increase in attorney representation and filing of claims. NCCI originally filed for a rate increase of 17.1% for workers’ compensation policies. However, they just filed on July 1, 2016 an amended rate and proposed 19.6% with an effective date of October 1, 2016. So it will now cost the employer more for policies and they will be faced with increased claim exposure.
WHAT CAN BE DONE TO MINIMIZE THE IMPACT?
It is critical for Employers and their Insurance Carriers to thoroughly and accurately evaluate their claims at every stage in order to provide the appropriate benefits and negate those areas for potential fee entitlement. Investigating the claim as soon as reported will provide valuable information about the accident, the alleged injuries and also information as to the employee’s prior accident history. All these facts are crucial to making the best decision for the handling of the claim.
The best way to minimize the attorney fee issue is to make the correct decision and not owe a fee at all. The medical experts selected to provide treatment will be critical to reigning in the claimant’s desire to remain out of work as long as possible. It will be necessary to make sure that the medical provider is applying objective criteria in determining work status and the placing of the worker at MMI. A knowledgeable attorney will be able to address issues and design an appropriate strategy to help Employers and their Insurance carriers through the process.
The Orlando Law Group is proud to represent Homeowners Associations from all over Central Florida. The goals of our dedicated attorneys are to provide outstanding legal services at a fair price while tending to all of your association’s unique needs. Every Homeowner’s Association is different but they all need to assure the timely, uniform, and consistent enforcement of association policies. We will deliver personal attention and legal services tailored to the individual needs of your Association
We have experience with all types of law pertaining to Home Owners Associations. Examples of services we can provide for your Homeowners Association:
• Reviewing, drafting, and amending all contracts, policies and procedures, by laws etc.
• Rule Enforcement, such as easements and covenants
• Legal Counsel on all day-to-day Operational Decisions of the Association
• General legal counsel regarding statutes, rules and regulations for homeowners and condo associations in Florida
• HOA Collections
• Annual Meetings & Elections
• Mediations, Arbitrations, Litigation & Dispute Resolution
• Construction Defect Claims
• Community Association Administration and Operations
• Review of short sale packages
• Assessment lien enforcement and foreclosure
• Advice on employment issues
• Work on leases of any property HOA owns
• Representation before the Department of Business and Professional Regulation
• Any other type of legal aid that is needed
Call us today to see if we are a good fit to represent your Homeowner’s Association. We look forward to speaking with you.
When starting a business, it is always best to prepare for every conceivable possibility. When a business has more than one owner, certain eventualities need to be addressed as early as possible; such as the question of what happens to the business if one partner leaves?This situation and many others are easily spelled out in a buy/sell agreement. Much like a pre-nuptial agreement, which divides assets and sets conditions of a marital divorce, a buy/sell agreement spells out the conditions which transpire when a business partnership dissolves.
Do you have a great new idea that you’d like to see turn a profit? Are you looking to turn your hobby into income? Are you a whiz online and think you can make a buck designing iPhone apps? Whether your idea is big or small, simple or complex, virtual or brick-and-mortar, taking the step to become an entrepreneur and start your own business is a big one. Armed with your idea and your business plan, the next step is answering one important question: How should I legally structure my business? In most instances, you will probably have to choose between a limited liability company (LLC), a partnership, a corporation, or a sole proprietorship.
Many of us are planning for retirement by putting money away in tax-deferred retirement accounts such as a 401k, done through your employer or individually by way of the Individual Retirement Account (IRA) or its sister ROTH account named for its legislative sponsor, William V. Roth Jr., Republican senator from Delaware.
Online Businesses offer an outstanding opportunity in today’s market for entrepreneurs and leisure hobbyist and enthusiasts that want to take it one step further. If you are considering a new online business, there may be federal, state, and local laws that must be met and standards and procedures to follow in order to comply. There is also a structure to follow if you need financial backing. Here are some great tips to consider:
Employers that have four or more employees or employers that are engaged in the construction industry with at least one employee are required to have workers compensation insurance. The premium for the insurance is determined by the type of work the employees perform and are assigned classification codes for those duties or tasks. Each classification code is assigned a dollar figure. So, a roofer’s dollar figure is higher than a clerical employee.
In the wake of a workplace injury, many employees are in great need of compensation, as their newfound injury has brought incredible hardship to their finances. It is natural for a responsible employee to want to collect as much compensation as possible, so they can pay their medical bills, mortgage, or rent, and still have money for any accommodations that might need to be made to their homes (i.e. wheelchair modifications).In the wake of a workplace injury, many employees are in great need of compensation, as their newfound injury has brought incredible hardship to their finances. It is natural for a responsible employee to want to collect as much compensation as possible, so they can pay their medical bills, mortgage, or rent, and still have money for any accommodations that might need to be made to their homes (i.e. wheelchair modifications).
In April 28, 2016, the Florida Supreme Court rendered its decision in Castellanos v. Next Door Company. Shortly thereafter the Florida Supreme Court rendered its decision in Westphal v. City of St. Petersburg on June 9, 2016. The Castellanos case had been tried on July 3, 2012 and then oral argument took place on November 5, 2014. Westphal was tried on June 22, 2012 with oral argument occurring on June 5, 2014.
Workers’ Compensation. It’s one of those things that you never really think about until you find yourself injured and unable to work. Workplace injuries can be life-changing, leaving countless families in a downward spiral of tremendous financial and relational strain.
ORLANDO, Fla. – The Orlando Law Group, PL is proud to announce that Kimberly E. Hosley has been chosen as a Florida Rising Star by Super Lawyers for the 2nd consecutive year. Each year, Super Lawyers recognizes the top lawyers in Florida via a patented multiphase selection process involving peer nomination, independent research, and peer evaluation.
Once people make a will, it is tempting for them to lock it away and forget about it. However, this shouldn’t be the case – as your estate plan will constantly evolve as you experience important life events.
As many of us will have children of our own at some point in our lives, we realize that our love, care, and concern for their welfare doesn’t end when they turn 18 years old – but our legal authority to make decisions on their behalf does. This begs the question: how can I help care for my children after they turn 18 if they are developmentally disabled? The answer… Guardian Advocacy!
You really are never too young to start planning your estate. In fact, it is always best to start while you are still sound of mind. You might think you don’t have much of an estate or that you are too busy with all the urgent demands of life to worry about something in the distant future like estate planning. But, the truth is, the process is simple when compared to what your beneficiaries will have to go through dealing with it if something happens and you don’t have your will in place.
Living will. Living trust. Power of Attorney. Will. Guardian. Estate planning.
We work with all auto accident injuries attorneys. Liens are accepted. We are the preferred auto accident specialists in all of Orlando and have helped many individuals recover from auto accident related injuries.
As much as we hate them, car accidents are a fairly common occurrence. According to Forbes online, you will file a claim for a collision about once every 17.9 years. That means that if you got your license at age 16, the odds are quite good that you’ll experience some kind of crash by the time you’re 34. Over the course of a typical driving lifetime, you should have a total of three to four accidents. In fact, so far in 2016, there have already been 115,422 crashes in the state of Florida alone.
You’re in downtown Orlando. It’s 2 A.M., the bars are closing, and you’re thinking to yourself, “I only had a couple of drinks, I’m perfectly safe to drive home.” So, you say good-bye to your friends, get in the car, and begin your drive home. Suddenly, an officer is behind you, lights and sirens blaring… You’re getting stopped for suspicion of DUI.
So, you’ve been served. Being served a summons and complaint can be an understandably emotional experience. Depending on the circumstances, feelings of stress, fear, embarrassment, confusion and anger can accompany those papers.
When business owners think of intellectual property rights and protection, many fail to process their options due to a fear of outrageous legal fees. While a whopping $2.7 billion is spent on intellectual property litigation legal fees each year, preventative registration and filing can minimize your costs.
Finding out that your business has been sued can be a little bit intimidating. If you’ve been in business for a long time, you know that business disputes are inevitable. Sadly, not every dispute can be resolved outside of the courtroom and the angst can come from any number of sources: an unhappy customer, a disgruntled employee, someone claiming he or she suffered an injury at your location or from your product, a supplier, the government, or another business.
You’ve probably heard the term find the right person for the right job before. That adage has never been more important than it is today. Mistakes are costly. In fact, correct staffing decisions are one of the most important investments an employer makes.
One of the first steps you should take before you begin your appeal is to obtain and organize your C-file. For those of you that are new to the veteran’s claims process, a Claims File, or C-file, is the file that is supposed to contain all of your medical information from your first medical exam […]
GAINESVILLE, Fla. – The Orlando Law Group, PL was named to the University of Florida’s 2016 Gator100 during a February ceremony at UF’s J. Wayne Reitz Union Grand Ballroom. Sponsored by UF, the Warrington College of Business and the Entrepreneurship & Innovation Center, the Gator100 recognizes the 100 fastest-growing businesses owned or led by UF […]
In the accounting world, there are a lot of software choices that can make or break any business. Some software stands out from most choices, however. Good accounting software is highly beneficial to a business, and enables accountants to help the businesses they represent in a number of ways. There are a few programs offered […]
In a few days, the world will pause to celebrate women. On Tuesday, March 8, we will link arms with women around the globe to celebrate the social, economic, cultural and political achievements of women. More than just a cliché of “you’ve come a long way, baby,” the day is part of a broader movement […]
Tax time isn’t exactly the highlight of running your own business. For most small business owners, bookkeeping and tax filing feel like necessary evils—often pushed to the bottom of an already overwhelming to-do list. But whether you love it or hate it, staying on top of your taxes is crucial for your business’s health. Did […]
For most people, buying real estate is the biggest purchase they will ever make. Before committing yourself to a contract that will affect your life and your wallet for years to come, hire a real estate lawyer. Why – when so much is at stake – would you purchase a property without knowing whether your […]
Beautiful houses. Well-manicured lawns. Good schools. Involved neighbors. These are a few of the perks that come with living in a community that has a Homeowner’s Association (HOA). An HOA is designed to protect the value of your home and maintain order in your community. For example, an HOA makes it tough for a guy […]
More and more people are looking to set up their own business, especially with the economic uncertainty and lack of jobs on a global scale. But setting up a business from scratch is not for the fainthearted. One in three new businesses fail within the first three years, often leaving a trail of financial devastation […]
It is a well-known saying that a business partnership is a lot like a marriage. Unfortunately, just like marriages, partnerships can fail. In fact, some statistics say that 50% of both end in divorce. When they do, it is best for everyone to make it as amicable as possible. Business partnerships end for a variety […]
Orlando, Florida, Tuesday, January 19, 2016 – The Orlando Title Group is founded by The Orlando Law Group’s (OLG) Jennifer Englert and Kimberly Hosley Agee. The Orlando Title Group will draw on the real estate experience of attorneys Englert and Hosley Agee to provide a new service to clients. The company will focus on providing […]
All businesses, whether large or small, will produce or possess sensitive information. This data must be kept confidential in order to protect the interests of an organization. If you do not dispose of this data in the right manner, it could compromise your company as well as your clients. It is important to get rid […]
With the start of a new year just behind us, many people have been taking the time to reflect on the past year and re-prioritize their objectives as they head into 2016. For many of us, we have a goal of kicking off the new year with renewed vigor and a clear mission. We make […]
Beginning a new business can be an exciting process, but the legal aspects of it can be quite intimidating. Often, asking business solicitors for advice and aid can be a good way to get everything in order. If you are wondering what sort of questions you should ask when getting law advice for your new […]
The process of taking over another company can be a very exciting time for you and your business, but it can very quickly turn into an unpleasant experience with serious lasting consequences. Here are some of the biggest mistakes made by companies during takeovers: Inadequate due diligence – You need to have done extensive research […]
As the year winds down, we find ourselves in the middle of another holiday season. For many Americans it is a time steeped in tradition and festivity. In addition to family celebrations and time with friends, December also brings many company activities. For example, many companies organize holiday parties, decorate their offices, host parties or […]
There are many ways to improve productivity around the office, but a problem that has been growing over the years is what employees get up to on their computers as soon as the bosses back is turned. It may be that single employee who you have an inkling is spending too much time on Youtube, […]
While many people enjoyed the thrill of Black Friday and other holiday shopping steals this past weekend, more and more people are turning to online shopping for their gift-giving. And why not? You can shop, even at midnight, wearing your jammies! No waiting in lines or looking for an open register. You can comparison shop, […]
Orlando, Florida, October 26, 2015 – The Orlando Law Group (OLG) is pleased to announce the official grand opening of its third location, having recently opened an office on the corner of Lake Underhill Road and Alafaya Trail in Waterford Lakes. To be held December 3, the grand opening will include a ribbon cutting ceremony […]
Knowing your rights at work is of great importance; it ensures that both parties, employers and employees, are adhering to current government laws. However, it can sometimes be tricky knowing how many hours (by law) you can work in a week? Or how many days holiday your employees are actually entitled to? Within each company […]
“I would maintain that thanks are the highest form of thought; and that gratitude is happiness doubled by wonder.” G.K. Chesterton For most of us Thanksgiving conjures up all sorts emotions. For many of us, it’s a holiday – a little pause from the daily grind. The kids are off school. The banks are closed […]
Coming up with a great invention idea is fantastic, however trying to figure out what next steps to take isn’t always easy! The United States Patent and Trademark Office doesn’t technically patent ideas, however it’s easy to get around this with the right application materials. Let’s look at how to patent your idea and get […]
