The Orlando Law Group

Litigation

Our attorneys have extensive experience in a wide range of civil litigation, including actions involving personal injury, insurance, professional liability, real estate, construction, and more. While we believe in settling when it is appropriate for our clients, we also believe that there are some cases that should not be settled. Our lawyers can handle all aspects of litigation.

Our attorneys have past experience practicing insurance defense. They defended hospitals, doctors, nursing homes, and surgery centers in medical malpractice claims. They also defended insurance companies regarding slip and falls, product liability and car accidents. Because of this experience, we know how insurance companies think. Additionally, we have the experience to effectively and aggressively litigate your case.

It is important to remember that there are statutes of limitations that apply to personal injury cases. This means that there is a time limit in which you can pursue a lawsuit. For this reason, it is recommended that you contact an attorney without delay to protect your right to file a lawsuit.

Service Offerings:

  • Appellate
  • Business Disputes
  • Landlord Tenant Litigation
  • Mortgage Foreclosures
  • Construction Litigation
  • E-Discovery & Information Management
  • Employment Litigation
  • Insurance Litigation
  • Products Liability
  • Premises Liability
  • Real Estate Litigation
  • State & Local Litigation
  • Trusts, Estates, Guardianship & Other Fiduciary Litigation

Meet Your OLG Attorneys

Jennifer A. Englert

Jennifer A. Englert
Attorney & Managing Partner
(407) 512-4394
jenglert@theorlandolawgroup.com

Kimberly E. Hosley

Jeffrey W. Smith

Sophia Dean

Wendy Hernandez O’Donnell

Wendy Hernandez O’Donnell
Attorney
(407) 512-4394
wodonnell@theorlandolawgroup.com

Nicole Rofé

Jarrod Etheridge


Jarrod Etheridge
Attorney
(407) 512-4394
jetheridge@theorlandolawgroup.com

Marsha Summersill


Marsha Summersill
Attorney
(407) 512-4394
msummersill@theorlandolawgroup.com

Erika De Jesus


Erika De Jesus
Attorney
(407) 512-4394
edejesus@theorlandolawgroup.com

M. Florence King


M. Florence King
Attorney
(407) 512-4394
fking@theorlandolawgroup.com

Dan Sanders


Dan Sanders
Attorney
(407) 512-4394
dan.sanders@sanderslegalsolutionspllc.com

personal injury overview

Published: June 2020
By: Sophia Dean, Personal Injury Lawyer

People hear the phrase personal injury and they usually think, “I’ll never need that.” The truth is that, at the end of the day, accidents always happen when we least expect them. We cannot foresee them, but we can be prepared for them. We cannot avoid them, but we can conquer them with the right tools. That is where one of our personal injury lawyers can help, and in this article, we wanted to give you a general overview of what Personal Injury Law entails and break some of the myths that follow suit.

At the end of the day, every single category of law grows to develop its own culture, systems, and practices; however, as inevitable change occurs, universal truths bubble to the surface. 

To dig deep into what Personal Injury Law is all about, we must concretely determine the definition of certain terms, one being negligence. The doctrine of negligence requires that every member of society act responsibly and avoid putting others at risk. Sounds simple, right?

Unfortunately, this does not always happen, and that is when personal injury attorneys work hard to seek justice for situations such as wrongful death, property damages, or medical bills that have been accrued. Our law firm takes personal injury cases very seriously, mainly because an injured person could be facing mounting medical expenses due to their accident. 

We are a law firm that is fully equipped to handle different types of injuries that have occurred due to a car accident, and we work diligently to help your insurance company maximize your monetary compensation. Not only this but if you feel that you were harmed due to purposeful wrongdoing, then you could be entitled to punitive damages.

These are meant to not only offer more assistance but also punish the party that has instigated the damage to the injured party. It is important to note that these can be rare in medical malpractice cases, mainly because the doctor would have had to purposefully cause the patient harm. 

Although the statute of limitations in Florida is four years from the date of the accident to file the lawsuit, this should not warrant waiting to any degree. One of the important factors of personal injury law is how expedient we can be in filing your claim.

Personal Injury Overview – Aspects

When breaking down aspects of personal injury lawsuits, it is sometimes easiest to begin with the cause. We are going to take a deep dive into five different situations that can result in the need for a Personal Injury Lawyer. 

1. Were you recently in an accident? Many of our clients come from car accidents, but personal injuries happen beyond the confines of an automobile.  

2. Did someone intentionally do harm to you? We take great pride in the fact that our compassion always equals our commitment to seeking justice for those who have been harmed, especially on purpose.  

3. Did a defective product cause damage? Thanks to the internet, companies can sell just about anything, no matter the effectiveness or quality of the product. Be aware that we are here to help you if you have been damaged by a faulty product. 

4. Has your character been harmed in any way? We live in a time when people engage in massive amounts of conversation every day. The internet is a ripe location for negativity, and your character must always be protected.  

Even though those four situations may encapsulate what makes up the “why” behind Personal Injury Law, you may have guessed that there is much more nuance involved. Here are some questions I get on the matter. 

1. What would you say is a common misconception about Personal Injury Law? One big misconception is that people are milking their injuries for money. The whole purpose of personal injury law is to make someone as whole as possible. The system we have is complicated and can be terrible on the individual. The only way we can make that better is money, but that money many times goes towards medical bills and making the person’s life better. 

2. What is one of the hardest aspects of what you do as a Personal Injury Lawyer? One of the more difficult tasks involves dealing with insurance adjusters. Their entire job is to minimize the amount of injury my client has suffered. Insurance companies do not make money when claims are paid. It is an odd dichotomy, but it is true. 

3. What would you want people to know most about Personal Injury Law? Contact me immediately after an accident. Speaking with an insurance company by yourself will not help anything at all, and they might try to take advantage of you. If they can pay out less on a claim, they save money. If they can save money, they will. The time after the accident happens matters so much. You get involved in an accident and your shoulder hurts a little bit, but you do not think anything of it. Take it seriously, quickly, and that can be in our favor.  

4. How has technology changed the way you do your job? Google Maps and Good Street View allows us to get and use more relevant information quicker. Technology, simply put, has allowed me to be more thorough, and that increases the prospect of victory with my clients.

In conclusion, if you have a personal injury claim, it would be a good idea to have a conversation with one of our attorneys. We want you to be able to benefit from our experience, and the only way to do that is to properly assess the situation and see what specific advice we would be able to give. For us at the Orlando Law Group, we take our job very seriously because many times, it means helping the livelihood of another human being. If you feel that you have been harmed in any way due to an accident, do not feel powerless. Do not let it paralyze you from acting fast. Reach out to us as soon as possible, and we will work hard to help. It is more than just our job. It is our purpose, and we take it personal.  

At the Orlando Law Group, we are often asked, “Why choose us for a traumatic injury case?” One of the things that we like to explain to our potential clients is that, while we are a full-service law firm, you will receive the personalized attention that you need.

And what we mean by that is that you will know your attorney, you will know your paralegal and we will be working together as a team to get you the best result possible. Why it is important to have a team when dealing with one case? A grouping of factors. 

A traumatic injury case can often have several facets, things that you initially do not think might be impacting your life. The other attorneys in our office practice different areas of law, and one of those areas that we see most often in traumatic injury cases is the need for disability. Imagine that you have been severely injured, and you are no longer able to work. Social security disability is often difficult, especially if you are injured. Trying to get through the process alone is not the answer. You need a dedicated team that will help you get the paperwork needed to file.  

And as terrible as that sounds, as difficult as it is to even think about, when you are trying to deal with an injury and getting treatment, you have so much going through your mind. Dealing with a disability claim is the last thing that you want to do, and that is why we are honored to be there to help. Booking for another attorney to handle your disability claim is going to only add to the stress that you are already going through. By working with a firm and having that same firm handle your claim, a more streamlined approach can be taken. We will already have access to your medical bills as well as all your necessary information. There will be very little for you to do, so you can relax and focus on recovering. 

Another facet that is very hard to even consider, but something important to talk about, is if someone has died due to the accident. Often, when there is a traumatic injury, we are dealing with a death, and any time someone is killed in an accident, they need a probate. Probate is another area of law that we focus on at The Orlando Law Group. I encourage anyone that needs to talk to somebody about this hardship, whether it was the death of a family member, a child, or friend to speak with an attorney that handles the probates and go over what is going to need to be done and how it relates to your personal injury case.  

Again, this is not something that you want to go out looking for after you have already been injured or lost a loved one. By keeping everything in the same firm, we already have all the information and its easily transferable. We can work together as a team to get the issues resolved swiftly. Another matter that often comes up is child support and time-sharing issues. Take a moment and imagine a scenario where you could not work. How would you pay your child support? 

There could be a high level of nuance to your situation. Maybe you have over-due child support that you owe. Maybe you cannot take care of the children the way that you need to, and you need adjustments to your time-sharing or adjustments to your child support.  

That is, often, a stressful issue for somebody who is injured. You need a team that will analyze your exact situation and offer detailed solutions. We have attorneys that deal specifically in family law and can make those adjustments for you. Anything that you can possibly imagine will arise when you are injured, and all facets of your life can be impacted. If you have got outstanding debts and now have some money to spend, you may forget that you have a judgment outstanding.  

We see this happen many times. Money gets deposited into a bank account. You owe that bank money, and the money suddenly disappears. By talking to an attorney who knows how to handle outstanding judgments, these things can be reduced or even avoided, so it is important to have a team that can help you navigate this area while you are trying to heal and get better.  

The Orlando Law Group cares just as hard as we work, and helping you stay on the path to healing is a priority we do not take lightly. 

Another point that we often see come up is a complication with businesses. If you have been injured and your business is failing because you cannot work or you cannot manage your company, you may be asking yourself, “What can be done to help sustain you and your livelihood?” We have specific business law attorneys to help you navigate the process and offer you overall support throughout.  

When you are looking to hire an attorney for your traumatic injury you need somebody that can handle all facets of your situation. No matter what might be thrown your way during this time, we can get through it together.  

It is vital to make sure that you know the attorney, you have met with the attorney, and you feel comfortable with them. That is something that we not only believe at The Orlando Law Group, we live by it. Feel free to contact us or give us a call for a free consultation at 407-512-4394. If we can help you in any way, we will.  

extensions to the cares act

COVID-19 has changed our lives as well as our livelihoods. Income sources have taken a massive hit, and with that, rules are having to change, deadlines are having to be extended, and significant changes are being implemented to help families survive during this stressful time.

Although a phased approach is being taken to open the economy back up, it will be a long road back to normalcy and the financial status many maintained before the coronavirus pandemic. 

Specific extensions in the CARES Act are designed to help. 

The article below details some points about the CARES Act that are important for homeowners.  

Section 4022 – Moratorium on Residential Foreclosures 

On March 27, 2020, Congress enacted the Coronavirus Aid, Relief and Economic Security Act of 2020, also known as The CARES Act, which provides for financial relief due to the COVID-19 Virus Pandemic. This Act is put into place to do precisely what the name implies. The CARES Act provides care for this who are struggling because of the stress of a halted economy. 

Section 4022 focuses on homeowners and provides a moratorium on residential foreclosures for borrowers with federally backed 1-4 family mortgage loans. It addresses the right of a homeowner to request forbearance from payment on these loans.  

Understanding the Requirements – Extensions in the CARES Act Regarding the Foreclosure Process 

The requirements only apply to federally backed mortgages, which are loans insured or guaranteed by FHA, VA, USDA, or loans that are owned or securitized by Fannie Mae or Freddie Mac. The moratorium does not apply to vacant or abandoned property or private bank loans. Under the Act, no mortgage servicer of any federally backed 1-4 family mortgage loan is permitted to do the following beginning March 18, 2020, and ending May 17, 2020; and now further extended until June 30, 2020

  1. Initiate any judicial or non-judicial foreclosure process; 
  2. File a motion for foreclosure judgment or order of sale; or 
  3. Execute a foreclosure-related eviction or foreclosure sale. 

Related: View our COVID-19 Legal Information and Recommendations

Utilizing the Extensions – Requesting a Forbearance 

Section 4022 also allows a borrower on a federally backed 1-4 family mortgage loan to request forbearance from payment up to 180 days with the right to request an additional 180-day extension. Section 4023 allows a borrower on certain federally backed multi-family mortgages to request forbearance for up to 30 days with two 30-day extensions. During the term of forbearance, a tenant cannot be evicted or charged late fees. Section 4024 establishes a temporary moratorium on eviction filings for particular single and multi-family housing. During the above referenced period beginning on March 27, 2020, a lessor cannot initiate an eviction for nonpayment of rent. After the moratorium period, the landlord may not evict a tenant unless a 30-day notice is provided to the tenant. 

Governor DeSantis also issued Executive Orders 20-94 and 20-121, consistent with the CARES Act, extending the foreclosure moratorium to all foreclosures and tolling residential evictions until June 2, 2020, but did not waive the obligation to make scheduled payments. Many Florida judicial circuits have also entered administrative orders which limit or prohibit foreclosure and eviction actions. These are meant to stave off the process and help families who are struggling to make ends meet.  

What About Title Derived Through Foreclosure? 

As a result of the federal and state law foreclosure moratoriums, until further notice, you are required to obtain approval from Underwriting to insure the title or issue a policy based on a foreclosure action where the certificate of title or writ of possession was issued after March 18, 2020, but before the expiration of the CARES Act and Executive Orders 20-94 and 20-121, now on June 30, 2020.  

Additionally, title to any property derived through a foreclosure initiated during the effective period of the CARES Act and/or Executive Orders 20-94 and 20-121, will not be insurable. 

As deadlines get pushed, and laws get stretched to allow for more financial breathing-room, it is essential to keep in mind how these rules apply to your specific situation. We have many questions that come into our office, and we are always honored to take the time and help someone gain clarity. Sometimes, legal rulesets can become cumbersome. That is why our lawyers are professionals at translating the legal jargon into a crystal-clear understanding of the law.  

We are here to help you understand how these rules can apply to you. If you have questions, do not hesitate to reach out to us. We can, and we will help you through it. 

Critical Advice: Selling Your Home During COVID-19

© 2020 The Orlando Law Group.