What to do (and not to do) if you're in an accident involving Personal Injury:

What you should do immediately after an accident involving personal injury:

If you have been injured in an accident you believe was caused by the negligence of another, here are some things you SHOULD do, beginning immediately: Seek Immediate Medical Attention:

Even if you feel okay initially, some accidents may not initially reveal your injuries or symptoms. It is important to seek medical attention immediately to ensure there aren't any hidden issues or internal injuries that could become worse if unchecked.

Contact a Lawyer:

If you or a loved one has been seriously injured, do not try to handle a claim on your own or risk using an inexperienced lawyer. The Fernandez Law Group promises to give every client the best legal representation and obtain the maximum compensation each client deserves. No matter how hard the fight. Call us by phone at 813-489-3222 or reach us online through our quick contact form, email or our live chat feature, and our we will be happy to discuss your situation and the possibility of bringing legal action against those who are responsible for your injuries.

Consultations are always FREE and there are no costs or fees unless we obtain a settlement for you.

Call your insurance agent:

Whether you are the one at fault for the accident or not, you should contact your insurance agent as soon as possible and notify them of the incident. However, any statements, notes, or additional information requested by your agent or any other agents should only be done at the discretion of your attorney.

Keep Everything:

Get a large envelope or file folder and begin keeping, in one place, everything that is potentially related to your accident or case. Save photographs of the accident or scene, photographs of the injured party before and after the accident, letters, bills, receipts, cancelled checks, insurance policies, police reports, notes, and other documents that might be helpful in proving how the accident happened and, just as importantly, the nature and extent of your injuries.

Record Questions:

Get a large notebook pad and begin writing down the questions you want to ask your lawyer the next time you meet with him or her. Also write down any additional facts you have forgotten to include in previous interviews.

Begin your diary or taking notes:

As time passes memories become blurred. Sit down now and write down the circumstances surrounding the accident. Add a the important events that have occurred since the accident. You should try to include as much detail as possible.

List Witnesses:

Every time an important event occurs that is witnessed by someone else, make a note of that person's name, address, and phone number. Also, keep a list of the employees or supervisors at work who can testify as to the amount of your earning loss. If you learn of the existence of any witness to the accident, advise your attorney immediately. The documents, notes, and lists that you collect above will be exceedingly helpful to your attorney as he or she begins to represent you and advocate on your behalf. As your case progresses toward settlement, mediation, or trial, your attorney will work with you on additional tasks and preparation.

Take photographs:

Photographs go a long way towards ensuring you have solid evidence and documentation to support any personal injury claims. If possible, take photos of your injuries, or have a friend or family member assist if necessary. Some injuries heal sooner than others, so it is important to begin your photo documentation as soon as possible, and also include daily progress pics. Any photos you can gather from the scene of the accident may also be useful.

Get a copy of the police report if possible

If the police show up at the scene of the accident, you're going to want to g request a copy of the police report so you can go over it and make sure all facts regarding the accident are true and correct. If there are any omissions, errors, or inaccuracies in the police report, it could delay or hinder the success of your claim. In Tampa, you can get copies of police reports within 60 days of the incident by visiting the Tampa Police Department at 411 N. Franklin St., Tampa, FL 33602 - (813) 276-3250. You will be required to present:

• Current photo identification
• Proof of exempt status

  (records are confidential to general public for 60 days - exemption means you were involved in the crash, are an agent, attorney, or authorized representative)

• A sworn statement that the crash report obtained will not be used for any commercial solicitation prior to the expiration of the 60 days.

Reports that have exceeded the 60-day period from time of the incident can be ordered online.

What NOT to do after an accident involving personal injury:

1. DO NOT admit fault.

Even if you believe you may have been at least partially to blame for the accident, you should not admit wrongdoing or negligence to anyone. This includes the other party, the authorities, any witnesses, insurance agents, passengers, friends and/or family. Any statements made or information provided should be made at the discretion of your attorney. When you hire an attorney, you can count on them to make sure your rights are protected. And if the accident is serious and you may be responsible, it is very important to obtain legal counsel as soon as possible, before you do anything else.

2. DO NOT give a written or oral statement to any person who contacts you about the accident or your case.

Instead, refer them to your attorney (or advise them that you are currently obtaining one) then let your attorney know the name, address, and phone number of the person who contacted you.

DO NOT throw anything away.

DO NOT get discouraged. We are here to help.

Tampa Personal Injury Attorney Spotlight - Frank G. Fernandez:

Frank Fernandez is known for his dedication to his clients and their causes that has earned him a reputation of meeting or exceeding their expectations in many different types of personal injury cases over the years. Mr. Fernandez has appeared on behalf of his clients in Federal and State courts throughout the State of Florida. He is proud to have developed his practice primarily through the referrals of former clients and professional colleagues. Contact Frank Fernandez at 813-489-3222 for a FREE consultation.

Call us today at 813-489-3222 for a FREE consultation.

Content authored by Frank Fernandez

Note to visitors: Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.

Different types of loan modifications explained

If you're looking to modify the original terms of your loan agreement with your lender, then a loan modification is a viable option for Florida homeowners who are current, past due, in default or already in foreclosure. There are several different types of loan modifications available and in this section of our website, we'll go over them.

HAMP: Home Affordable Mortgage Program:

HAMP was designed to make homes affordable to anyone who was struggling to make their monthly loan payments by enabling them to modify the original terms of the loan, usually with a lower interest rate or a longer payment term. HAMP does require a trial period, meaning a borrower must make payments for three months under the trial period in order to make the modification permanent. Some of these restructuring programs can be of great benefit to the homeowner while also helping to minimize increasing defaults. Unfortunately, statistics show that HAMP has not performed as well as anticipated:

• Over 1.5 million trial periods were cancelled as of October 2010. Cancellations occur when a borrower defaults on the new terms, if the borrower was ineligible, or if the appropriate documents were not received.
• As a result, nearly half of all cancelled trial loans were modified through a private lender instead, however, long-term results from these types of private lender are somewhat controversial. In these situations, the lender programs tend to have increasingly adjusted payment rates which will reflect a short term savings, however this comes at the expense of a longer term debt and quite often additional fees and other expenses may be added to the basis of the loan.
• There has been a consistent backlog of delinquent mortgages in need of attention, and the backlog continues to increase.

Effective June 1, 2012, the Obama Administration expanded the population of homeowners that may be eligible for HAMP in an effort to continue providing solutions to the housing crisis. * HAMP was set to expire December 2013 but has now been extended through December 31, 2015.

How do I know if I am eligible for HAMP under the new guidelines?

• If you are a homeowner who is applying for a modification on a home that is not your primary residence, but the property is currently rented or you intend to rent it
• If you are a homeowner who did not previously qualify for HAMP because your debt-to-income ratio was 31% or lower.
• If you are a homeowner who previously received a HAMP trial plan but defaulted in your trial payments
• If you are a homeowner who previously received a HAMP permanent modification but defaulted in your payments and lost good standing.

HARP: Home Affordable Refinance Program:

HARP was created by the U.S. federal government in an effort to assist homeowners who are current on their mortgage, but are unable to refinance on their loan due to a decrease in the property value, leaving them "underwater". This program is also intended to help homeowners who are in an exotic or adjustable rate mortgage or those who are facing an increase in their monthly payments. If you have no income and cannot make any mortgage payment, you will not qualify for assistance through HARP.

How do I know if I am eligible for HARP?

There are three basic requirements in order for you to be eligible for HARP:

1. You must own a one to four unit home.
2. Your mortgage loan must be owned or guaranteed by Fannie Mae or Freddie Mac- you can visit the loan lookup tools at Freddie Mac or Fannie Mae to check.
3. The mortgage must have been sold to Fannie Mae or Freddie Mac on or before May 31, 2009.
4. You must be current on your mortgage payments.- current means you have No Late Payments reported on your credit report in the last 12 months.
5. The current loan to value (LTV) ratio must be greater than 80%.
6. The mortgage cannot have been refinanced under HARP previously unless its a Fannie Mae loan that was refinanced under HARP from March-May 2009.

HAFA: Home Affordable Foreclosure Alternatives

If you can no longer afford your home but wish to avoid the negative effects a foreclosure proceeding can have, then HAFA might be right for you. HAFA was designed to offer homeowners, their mortgage servicers and investors an incentive for completing a short sale or deed-in-lieu of foreclosure. With HAFA, homeowners are given options to help them leave their home and transition into more affordable housing while alleviating the mortgage debt they owe.

Benefits of HAFA that make the transition as favorable as possible:

• Receive free advice from HUD-approved housing counselors or licensed real estate professionals.
• Unlike a conventional short sale, a HAFA short sale will completely release you from your mortgage debt after the property is sold, meaning you will not be held responsible for the amount that falls "short" of the amount you still owe. The servicer guarantees to waive the deficiency.
• The mortgage company works with you to determine an acceptable sale price.
• The HAFA program is easier on your credit score than a conventional short sale or foreclosure.
• HAFA may provide up to $3,000 for relocation assistance for those who qualify at time of closing.

How do I qualify for HAFA?

1. If you have a documented financial hardship.
2. If you have not purchased a new home within the last 12 months.
3. If you do not qualify for a trial mortgage modification under HAMP.
4. Your first mortgage must be less than $729,750.
5. Your mortgage was obtained on or before January 1, 2009.
6. You must not have been convicted within the last 10 years of felony larceny, theft, fraud, forgery, money laundering or tax evasion in connection with a mortgage or real estate transaction.
7. If you were under a trial mortgage modification under HAMP and failed to complete the trial period.
8. If you missed at least two consecutive payments during your modification period.
9. If you request a short sale or deed-in-lieu of foreclosure.

The HAFA program is available for mortgages that are owned or guaranteed by Fannie Mae and Freddie Mac or if the mortgage is serviced by one of over 100 HAMP participating mortgage servicers.

Other types of Loan Modification programs:

Due to the increasing number of people facing foreclosure and in an effort to attempt to help more homeowners avoid foreclosure, Fannie Mae and the U.S. government have created a few additional add-on programs to HAMP which include Alt Mod, Mod 24 and 2MP. Both Alt Mod and Mod 24 lower the borrower's mortgage ratio (the ratio is the monthly mortgage payment divided by monthly income) and consider other financial criteria to qualify applicants. The 2MP program is specifically for borrowers who have a second mortgage and are also in the HAMP program in order to allow the payment on the second mortgage to be adjusted lower as well.

HHF: Hardest Hit Fund:

Additional government dollars have been put into work by the Obama Administration in states that have been the hardest hit by foreclosures and property devaluations. The intention is for the money to go to helping families who are ineligible for HAMP in order to avoid foreclosure in states such as Florida - as well as Arizona, California, Nevada and Michigan. The program has undergone an expansion over the years since inception and additional states have been included while over $7 billion dollars have been budgeted already. For more information on the Hardest Hit Fund, you can call us today for a free consultation or visit FinancialStability.gov for more.

EHLP: Emergency Homeowners Loan Program:

Designed to complement the HHH (Hardest Hit Fund) by providing assistance to homeowners who are located in hard hit local areas that may not be included in the hardest hit target states, EHLP has become an option to help those people as well. Offering a zero percent interest, non-recourse, subordinate loans for up to $50,000, EHLP will assist eligible borrowers with payments on their mortgage principal, interest, mortgage insurance, taxes and hazard insurance for up to 24 months or 2 years.

How do I become eligible for EHLP?

• You must be a homeowner who is at least 3 months behind in your payments and you must also have a reasonable likelihood of being able to resume repayment of your mortgage payments and any other related housing expenses within 24 months or 2 years.
• As a homeowner, the property must also be your principal residence, and to be eligible you are not permitted to own a second home.
• You must also be able to provide evidence or a good payment record prior to the event which resulted in a reduction of income.

2013 Streamlined Loan Modification Program

On March 27, 2013 the Federal Housing Finance Agency announced a New Streamlined Modification Initiative in a news release which is designed to help further minimize losses while also helping troubled borrowers with yet another option to help them avoid foreclosure and stay in their homes. The program isn't scheduled to begin until July 1, 2013. Once that date passes, servicers will be required to offer eligible borrowers who are at least 90 days delinquent on their mortgage an easy way to lower their monthly payments and modify their mortgage without requiring any financial or hardship documentation. Administrative barriers once associated with document collection and evaluation can now be eliminated with the new Streamlined Modification Initiative. Borrowers who are eligible to participate will be required to demonstrate an ability and willingness to pay by making just three trial payments in a row on time. After that occurs, the mortgage will be permanently modified. Additional benefits may be awarded to homeowners who continue to work with their servicer and homeowners are encouraged to do so in order to evaluate all available options to prevent foreclosure. Regardless of what your situation is, if you're facing difficulties maintaining your mortgage payments and you need assistance to avoid foreclosure in Florida, the attorneys at Fernandez Law Group can help guide you through the loan modification process as well as provide education and assistance to help you with other options including short sales and other foreclosure defense remedies.

Call us today at 813-489-3222 for a FREE consultation.

Additional information about Loan Modifications:

• Reasons why you should hire a Loan Modification Attorney
• Different Types of Loan Modification programs explained
• 2013 Streamlined Modification Initiative
• Streamlined Modification Initiative Frequently Asked Questions
• Loan modification terminology explained
• Conditions that qualify as a Hardship for Loan Modifications
• How to write a Hardship Letter for Loan Modifications
• HAMP (Home Affordable Modification Program) extended through December 31, 2015

---

// //   Content authored by Gaston Fernandez

---

Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa. Fernandez Law Group also provides Tampa Personal Injury Attorneys, Criminal Defense Attorneys in Tampa, and Family Law Attorneys in Tampa and you can visit our lawfirm's main website at http://www.thefernandezlawgroup.com/

Short Sales – How they work, how to qualify, and the role of a short sale attorney in Tampa, Florida

A short sale is the process by which a mortgage lender agrees to sell a property for less than the original loan amount. Unlike foreclosures, a lender does not force a short sale. Instead, the lender and homeowner sell a property at an agreed price.  

Short sales release homeowners from their mortgage obligations in a manner which avoids foreclosure proceedings and reduces impact to the homeowner's credit.

Our attorneys evaluate each homeowner's mortgage situation and develop a personalized approach to the situation.

How does a short sale work?

Here at Fernandez Law Group, we make the short sale process extremely easy. First, we start with a Free Consultation. This gives you the opportunity to come in risk free and under no obligation. After you provide us some information about your situation, we then help you determine whether or not you qualify for a short sale.

* If you do not qualify for a short sale, relax - there are other foreclosure defense alternatives or you may qualify for a loan modification - and we will help you determine the best course of action.

Once it is determined that you qualify or are eligible for a short sale, then we will work with a real estate agent to help market and sell your home.

* The majority of short sale transactions with banks require the use of a real estate agent, therefore, putting the home up "for sale by owner" is typically not permitted.

The mortgage company will also be working closely with us along with the real estate agent during the process.

* When you choose a law firm to help with the short sale process, you can rest easy knowing that your best interests are being served as we work with the bank and the real estate agents for you - and in most cases, you will receive a better outcome when hiring an experienced foreclosure law firm.

As a general rule, the short sale process will unfold as follows:

• Sale price of the home will be set based on the current market values
• Financial information will be collected
• Negotiations with lien holders takes place
• Any reasonable offers on the property will be reviewed
• The buyer will typically be the one who makes the highest offer
• Terms of the sale will be agreed upon between the parties
• Finalization of the sale between buyer's real estate agent and the mortgage lender takes place.

During the short sale process, Fernandez Law Group will provide the following services:

• Conduct a detailed evaluation of your particular situation during the application process, and assist you in gathering all information required for your case.
• Perform a comparative market analysis to determine the approximate fair market value of your property in the current market and determine what, if any amount of deficiency would remain upon completion of the short sale.
• Contract a realtor in your area and submit your property for listing immediately.
• Manage offers between the homeowner, real estate agent, and lender.
• Handle all negotiations and documentation with your lender(s) to obtain approval for the short sale and options for minimizing residual deficiency liability.
• Provide title insurance for your short sale and conduct closing.

Additional information on Short Sales:

• A look at Florida Short Sale Statistics and how a short sale attorney can help you achieve better results
• Benefits of a Short Sale and How it Works
• Frequently Asked Questions and Answers about Short Sales
• Documentation typically required for a Short Sale

Call us today at 813-489-3222 for a FREE consultation.

---

  Content authored by Gaston Fernandez

---

Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa. Fernandez Law Group also provides Tampa Personal Injury Attorneys, Criminal Defense Attorneys in Tampa, and Family Law Attorneys in Tampa and you can visit our lawfirm's main website at http://www.thefernandezlawgroup.com/

Loan Modification Attorneys - Tampa, Florida - Fernandez Law Group - Lower your interest rate, principal balance and avoid fees

Banks strive to avoid foreclosure proceedings as much as the homeowner does. The foreclosure process is not only a lengthy process, but it creates additional costs for any parties involved. In many cases, the homeowner may have difficulty receiving their requested modification, however, Fernandez Law Group and our skilled attorneys have been extremely successful in working with the banks to reverse that trend.

Homeowners who are current, past due, in default, or already in foreclosure may opt to modify the original terms of their loan agreement with their lender. Lenders typically offer greater flexibility when modifying loans. By modifying the terms of the homeowners' mortgage loans, lenders are able to offer monthly mortgage payments at a more affordable rate. Loan Modifications are implemented to make a property more affordable for a homeowner by altering loan factors such as interest rate, principal balance, late fees, or other loan penalties.

Our qualified attorneys are highly experienced at bringing the two parties together and aggressively securing the best loan modification plan for both the lender and the homeowner.

What is a Loan Modification?

A Loan Modification is an agreement that is negotiated with your lender whereby the original terms and conditions of the promissory note secured by your mortgage are changed. The change can be to one or more terms of the loan such as a reduction in the interest rate, an extension of the term for repayment, a reduction in the principal balance or any combination of these.

The most common misconception is that loan modification is easy to get and can be handled by simply applying with the lender. The reality is that most homeowners do not have the knowledge and resources needed to see success through the process. Many homeowners have great difficulties in the modification process party due to the misconception and misleading information that is displayed by the media and other sources that they seek information and help from. The percentage of homeowners that actually get permanent modifications is very low, and to often homeowners are denied because they do not understand how to properly structure their case for a modification.

Hiring a trained professional like those at the Fernandez Law Group can often reduce the amount of time and risk for error by processing your paperwork efficiently, and presenting your application in the exact manner that each lender wants it.

Prior to your free attorney consultation, our firm will perform the following:

• Review your particular financial situation in detail during the application process to ensure that we have obtained all relevant information necessary to review your case and maximize your prospects for a successful modification.
• Take down your financial information so that we can match with the program guidelines set forth by your investor/lender.
• Review with you your current household budget to determine whether you qualify for the programs made available by your investor/lender.
• Determine with you the maximum monthly mortgage payment you can afford to make given your current income if you were to receive a modification and recalculate that payment as necessary to ensure you are able to continue making any modified payment on a go forward basis.
• Contact your lender to determine what modification programs are available and if you meet the particular guidelines of each program offered.
• Upon obtaining the foregoing information, your case manager will review the information with you in detail and determine whether you wish to schedule a free consultation with the actual attorney who will represent you.

HERE ARE JUST A FEW SUCCESS STORIES OF OUR LOAN MODIFICATION SERVICES AND HOW THEY'VE HELPED OUR CLIENTS:

• A client was working with a government recognized "Non Profit" - (Free Servicing Company) for a Loan Modification. The client was denied for all Loan Modification options. Our Firm WAS ABLE to get an alternative 3 month trial Loan Mod program! The old payment was $1865 and we negotiated a NEW Payment of just $1385, with 18 payments in rears!
  
  
• Fannie Mae Trial Modification Plan: 3 month trial plan. Rate recast to take the old payment of $1382.00 PITI to the new payment PITI of $778.85. The term was extended to 40 years, with the client receiving a principle balance reduction of 20% to make the payment sustainable.
  
  
• Lender Internal Trial Modification Plan: 3 month trial plan. Rate recast back to a 30 year term with an interest rate of 4.875%. The old payment was $2,851.52 PITI and the new payment is $2,340.00 PITI.
  
  
• Fernandez Law Group successfully helped modify yet another loan recently, this one occurred late December 2011. The old payment was $937.34 per month, and the NEW Payment is now just $597.47 per month with 11 payments down deferred to the rear of the loan.

Our firm will perform all of the aforementioned services free of charge - prior to the attorney consultation without requiring you to enter into any contracts or to otherwise obligate yourself in any way. Information concerning applicable fees for services rendered will be made available at the homeowner’s and/or will be discussed in detailed during your consultation with one of our attorneys. Contact our office at 813-489-3222 for a free no-obligation consultation.

The information on this firm's website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Additional information about Loan Modifications:

• Reasons why you should hire a Loan Modification Attorney
• Different Types of Loan Modification programs explained
  
• 2013 Streamlined Modification Initiative
  
• Streamlined Modification Initiative Frequently Asked Questions
  
• Loan modification terminology explained
• Conditions that qualify as a Hardship for Loan Modifications
• How to write a Hardship Letter for Loan Modifications
• HAMP (Home Affordable Modification Program) extended through December 31, 2015

Call us today at 813-489-3222 for a FREE consultation.

---

 
Content authored by Gaston Fernandez

---

Permanent Alimony in Florida and proposed changes under Senate Bill 718: Fernandez Law Group - Tampa Florida Alimony Attorneys

Permanent alimony can be awarded by a divorce court and when this happens, the award will generally continue for an indefinite period of time. Negotiations for permanent alimony may occur during the divorce process, but it can also be set through a prenuptial agreement or through a post nuptial agreement established during marriage.

Florida has a rather prehistoric divorce law currently in its books, however, as of April 2013, lawmakers are very close to reforming these laws by ending lifetime alimony awards. Also up for change will be sky-high payments.

At one time, permanent alimony was considered to be reasonable and acceptable, but with the changing times and new lifestyles emerging, revisiting this law certainly makes sense.

The current law in effect can punish someone who marries in their early 20's and divorces by late 30's by requiring them to support their ex long through retirement. Meanwhile, there is nothing in the current law that requires former spouses to attempt to earn their own living.

Sen. Kelli Stargel, R-Lakeland has sponsored Senate Bill 718 which seeks to eliminate permanent alimony and also establishes caps on the monthly awards that are far more realistic and actually based on the length of marriage and income of the ex-spouse.

The new bill also sets guidelines for the monthly payout that would limit the award to no more than 25% of the former spouse's income if the marriage lasted no more than 10 years. A marriage that lasts up to 20 years would see a 35% award cap, and 38% for marriages that last beyond 20 years.

Florida Senate passed the alimony legislation on April 4th, 2013 with a 29-11 vote and the bill is expected to come up for a floor vote in the Florida House before the end of the month. The law is expected to apply retroactively if it is passed.

What is the current Florida Law on ending Permanent Alimony?

According to the Florida Alimony Law, 161.08 - Alimony will come to an end if:

"Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration, following a marriage of moderate duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are exceptional circumstances. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of supportive relationship in accordance with s. 61.14"

The attorneys at Fernandez Law Group always represent the best interests of our clients and if you have any questions and need an alimony or divorce attorney in Tampa, we suggest you call us today at 813-489-3222 for a FREE consultation.

Content authored by Frank Fernandez

Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.

How to prepare for your personal injury litigation and deposition questions: - Fernandez Law Group - Personal Injury Attorney, Tampa Florida

If you have been involved in an accident involving injury and plan to seek compensation through legal remedies, you can almost certainly expect to be questioned at some point during the process. This can make some people feel a bit nervous, especially if you've never been in a courtroom or given a deposition before.

In order to help you feel more at ease, we've put together this page to better prepare you for the type of questions you may be facing.

Deposition Basics:

Most depositions are held in the office of the attorney for the Plaintiff. In some cases, depositions are also held at the law office of the defendant(s). During the deposition, your attorney will be present, along with any attorneys for the defendant(s).

Depositions are usually recorded via video and audio means, and later transcribed. If you provide answers on a deposition, you are permitted to submit an errata sheet - this gives you an opportunity to review the deposition and add any clarification or note any issues which then gets attached to the transcription.

You will need to speak clearly and concisely in order for the recording equipment to get a good capture, and it is important that you don't speak over anyone. Wait for the question, and then give your answer after a brief pause. Your attorney may want to object to a question as well, and will do so before you answer - or as you start to answer if you do so before they have a chance to object.

The defense attorney questioning you will also be judging you as a potential witness as you're answering the questions. It is extremely important that you answer each question truthfully and as complete as possible. If you don't know the answer to a question, then you just say "I don't know", which is a perfectly fine and acceptable answer. I don't recall is also a good answer. You want to avoid any speculation as this could lead to bad answers that could end up hurting your claim.

What kind of questions will I be asked about my personal injury?

After the initial introduction and a few ground rules are established, the beginning questions will typically start by asking for you to state your name, spell it for the record, and perhaps provide a few additional details such as employment, education, and other details about your personal history such as where you've lived and where you were born.

During the questioning related specifically to your personal injury claim, you'll be asked to provide as many details relating to the events that happened. Some attorneys may ask questions out of sequence or jump around, but generally you'll be expected to provide a timeline of events. The attorney will ask you to provide any additional details you may have about certain answers you've given.

You will also need to recall any witnesses and what they saw, and provide details of how the situation occurred in your opinion, and how it was handled as well as what happened since the accident.

Were you taken to a hospital, for example? Are you undergoing or have you undergone any additional therapy or long term treatment and care? What expenses have you incurred as a result of the accident? Did you miss any time from work? What other losses have you incurred?

New injuries can also lead to exacerbating old injuries, and as a result, you may be asked if you've ever had any previous injuries that could be worsened by a new injury. Have you ever filed a personal injury lawsuit before? Is loss of income or benefits and the cost of caring for yourself included in your claim?

You may feel some of the questions are a bit intrusive or meaningless, and that's typical. But the attorney questioning you was not there as a witness, and they need to gather as much information as possible. Some questions may even seem offensive, but generally the attorney questioning you will inform you that is not their intent, they just need to be clear for the record.

Your attorney will certainly look after your best interests and object whenever necessary.

Preparing for your personal injury deposition:

Prior to taking the deposition, your attorney will help you prepare by providing the details such as date, time, location, what to wear, and who will be present. They may also make time to bring you in to go over a few questions and answers in order to make sure you don't miss any important details that need to go on the record.

Certain documents may also be requested which would be used to help strengthen and build your case. Any medical records, payment receipts, photographs of your injury or the location or even the scene at the time are all very helpful.

If your lawyer feels any document requests from the defense are intrusive or unattainable, they will object.

During the deposition, just remember to stay calm, wait for the question before you give your answer, make sure you answer truthfully, completely, and speak clearly. You won't be able to find out all of the questions you're being asked, but the above outline is a general idea of what you can expect.

Tampa Personal Injury Attorney Spotlight - Frank G. Fernandez:

Frank Fernandez is known for his dedication to his clients and their causes that has earned him a reputation of meeting or exceeding their expectations in many different types of personal injury cases over the years. Mr. Fernandez has appeared on behalf of his clients in Federal and State courts throughout the State of Florida. He is proud to have developed his practice primarily through the referrals of former clients and professional colleagues. Contact Frank Fernandez at 813-489-3222 for a FREE consultation.

The Tampa personal injury lawyers at Fernandez Law Group provide strong legal representation for many types personal injury cases involving medical errors, malpractice and negligence, wrongful death, workplace injuries, disabling injuries, auto accidents, toxic exposure, and more. If you ever find yourself in a situation where you end up suffering from these types of injuries, do not hesitate to look for a lawyer.

When looking for a Tampa personal injury lawyer be sure to visit the legal team at Fernandez Law Group to see how our attorneys can help you win your case - not just one attorney - but multiple attorneys working together for you at no additional cost. Consultations are always free and we don't receive any compensation from you until we win.

Call us today at 813-489-3222 for a FREE consultation.

 

Content authored by Frank Fernandez

Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.

What to expect in a Personal Injury Trial: Fernandez Law Group - Tampa Florida Personal Injury Attorneys at Law

Most people have seen a television show or movies depicting courtroom dramas or scenes and as a result, they have a general understanding of what they might expect if they're ever faced with the prospect of going to court. And some people have already had experience in court, whether as witnesses, Plaintiffs, Defendants, or spectators and employees.

Now we're going to take those general procedures that most have become familiar with and break down the experience a little bit further so you can get a better understanding of what you could expect to see if your personal injury case has to go to trial. You might also want to review our suggestions and reasons why you need a personal injury attorney.

Jury Selection:

In a personal injury trial, the jurors are the ones who are ultimately responsible for deciding what compensation, if any, will be awarded to a Plaintiff making a personal injury claim. Because of their importance, the first step in any trial usually involves the process of selecting the jury. During this stage, the a number of factors are considered by the presiding judge and attorneys from both sides when making decisions to keep or dismiss certain jurors.

Jury trials occur in the majority of all personal injury cases that are tried and some experts believe that 85% of cases litigated are won or lost in the jury selection phase. As a result, attorneys may use expert assistance in the jury selection process. Once a jury is selected, it is said to have been "impaneled." Each State has its own system for the jury selection process, which are subject to the requirements of the U.S. Constitution.

Jury Services provides the courts of Hillsborough County with qualified prospective jurors in accordance with Florida Statutes 40.011 and 40.23 and names are drawn by lot and at random by computer from a list of names provided by the Department of Highway Safety and Motor Vehicles - this includes anyone who has a Florida Drivers License.

The opening statements:

During the opening statements, each side of the case is afforded an opportunity to present their claims in relation to the incident or accident and the injury sustained by the Plaintiff. The defense will typically attempt to counter these claims by presenting their own arguments against any of the claims being made by the Plaintiff.

Most jurors don't typically know much if anything about the cases they are to be a part of and if they do have any knowledge, the judge will usually instruct them to put any preconceived notions aside. Therefore, the opening statements are generally used as a way to present a "road map" for the jury to follow. They may be vivid or dramatic, but they must also be limited to the available evidence that is reasonably expected to be presented during time of trial. The side for Plaintiff typically enters their statement first.

Witness Testimony:

After the opening statements have been made by each side in a Personal Injury case, the next step of the trial typically consists of the witness testimony and cross-examination period. Here, both sides will have the opportunity to present evidence and testimony in support of the arguments they've made in the opening statements.

A witness would include anyone who has, or clams to have, or who is thought by someone who has the authority to compel testimony, to have knowledge which is relevant to the event or matter of interest. In cases of personal injury, the witness could be someone who was at the scene when the accident took place, a customer, bystander, or an employee where the incident took place, or even another driver who may have witnessed the accident on the roadway. Medical personnel, therapists, family members, and the Plaintiff or Defendant might also be witnesses to the case.

In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what he or she knows or claims to know about the matter before some official authorized to take such testimony.

Closing Arguments:

After evidence and witness testimony is presented, the next stage of trial consists of the closing argument. During this time, attorneys for the Plaintiff and the Defendant will present their concluding statements for the case. Important arguments or strong points of the case will often be reiterated to the jury, however, closing arguments may not contain any new information. Only evidence introduced during the witness testimony and evidence phases of the trial are allowed in closing arguments.

Once again, the Plaintiff typically makes their closing argument first, with the Defense countering. The Plaintiff or prosecution is usually then permitted a final rebuttal argument.

Legal counsel is not permitted to verify or vouch for the credibility of any witnesses, nor are they allowed to indicate their own personal opinions of the case. Any evidence that was not admissible, or may have been excluded is not to be commented on. Closing arguments are meant to refresh the jury before they head into the deliberation stages and come to make a decision.

Jury Deliberation:

Once the jury has been properly informed of the claims made from both Plaintiff and defense including arguments, evidence and desires for trial outcome, the judge will instruct them on the legal standards they are to use in order to decide the final verdict. Jury instructions can be quite long, particularly in complicated cases with multiple plaintiffs or defendants or cases that are based on complex issues.

During the deliberation process, options are thoughtfully weighed prior to voting. Information and arguments are given to them to evaluate. Jurors are not allowed to consider outside evidence such as news media or their own visits to a crime or accident scene. They are allowed to use their own common sense and real-world experience to decide if one version of events is more plausible than another or if they think a witness is lying.

The Final Verdict:

Once the jury has finished deliberations and reached a decision, they will report their verdict to the judge. The verdict will be read aloud in the courtroom, and during this time, any compensation related to your personal injury claim will be awarded to you.

According to statistics, personal injury plaintiffs typically win approximately 61 percent of cases that go to trail. Jury Verdict Research, a company that tracks jury verdicts has estimated that the average personal injury verdict in Florida was around $1,819,751 in 2008.

Before the jurors can decide on a Plaintiff's entitlement to damages, the question they typically ask themselves is whether or not a Plaintiff sustained a permanent injury - and whether or not that injury was sustained with a reasonable degree of probability as a result of the incident complained of. The jury must answer that question with a yes or no answer - otherwise they will not be able to proceed to the next part which awards damages for losses such as pain and suffering.

Trial Experience:

An experienced Tampa personal injury attorney is recommended for anyone going through a personal injury case, especially when it comes time to go to trial. Insurance companies will often try to obtain a settlement in order to avoid the costs and risks of a trial. A knowledgeable and experienced personal injury lawyer can help an injured party decide whether their case is strong enough to take to trial, or if settlement is in their best interest instead.

Tampa Personal Injury Attorney Spotlight - Frank G. Fernandez:

Frank Fernandez is known for his dedication to his clients and their causes that has earned him a reputation of meeting or exceeding their expectations in many different types of personal injury cases over the years. Mr. Fernandez has appeared on behalf of his clients in Federal and State courts throughout the State of Florida. He is proud to have developed his practice primarily through the referrals of former clients and professional colleagues. Contact Frank Fernandez at 813-489-3222 for a FREE consultation.

Call us today at 813-489-3222 for a FREE consultation.

Content authored by Frank Fernandez

Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.

Alimony Modification in Florida: Fernandez Law Group - Tampa Alimony Modification and Family Law Attorneys

Spouses are often awarded alimony in order to provide them with an opportunity to rehabilitate their career or skills for employment after the end of a marriage. We've discussed Alimony, How to Qualify and What to Expect elsewhere in our website, and now we're going to go a step further and discuss a few methods for modification of alimony in Florida.

A quick review of the different types of Alimony:

First, let's revisit the different types of alimony that can be awarded. Temporary Alimony, also known as rehabilitative alimony, is meant to assist a spouse in picking up or resuming a career or developing career-building skills. It's not meant to be a means for survival, but should provide for a good stepping stone into the path of financial independence.

In cases where a marriage lasts for longer periods of time, or when a spouse did not become employable or develop skills to gain employment, permanent alimony is typically awarded and paid for an indefinite period of time.

Tampa Family Law Attorney Spotlight:

Frank Fernandez is known for his dedication to his clients and their causes that has earned him a reputation of meeting or exceeding their expectations in many different types of personal injury cases over the years. Mr. Fernandez has appeared on behalf of his clients in Federal and State courts throughout the State of Florida. He is proud to have developed his practice primarily through the referrals of former clients and professional colleagues. Contact Frank Fernandez at 813-489-3222 for a FREE consultation.

Grounds for Modification of Alimony:

In Florida, courts have the power to modify alimony orders and typically invoke their ability to do so if there is a substantial change in the lifestyle or finances of either one or both of the spouses which can be shown. There are many factors that can create a reasonable grounds for modification. Loss of a job, severe illness, death, retirement, or remarriage are all considered substantial enough to warrant a change or modification of alimony.

Florida courts have also begun recognizing cohabitation by the receiving spouse as a substantial change. If a spouse has begun a live-in relationship with anyone who provides for them financially, or contributes to their finances in any way, the additional income being received by the spouse who is collecting alimony would be considered by Florida courts as possible grounds for a reduction in the amount of alimony a spouse was initially entitled to.

Petition for Modification of Alimony

Anyone who feels the need to have an existing order for alimony changed or modified in Florida must begin by completing and filing a Supplemental Petition for Modification of Alimony. The petition is to be filed within the same county where the divorce originally occurred in the Family Law Court. Most Florida Circuit Courts as well as the Florida Supreme Court website provide access to download the petition online, or you can download the Florida Supreme Court Approved Family Law Form 12.905(c), Supplemental Petition for Modification of Alimony right here from the Florida Courts website.

Completing the Petition:

When completing the Supplemental Petition for Modification of Alimony, typical requirements should include the names and addresses of both spouses, the date the divorce originally took place, as well as the existing alimony order and amount being paid, along with any payment schedules. The petitioner will also be asked to provide an explanation as to what the substantial change of circumstances are which prompted the need for a modification. Grounds for modification are mentioned above, but may include but are not limited to cohabitation, loss of employment, career change, retirement or death.

When completing the Supplemental Petition, a deputy court clerk or a notary public must be present when the petition is signed, and the original divorce decree is to be attached and included, and there may be fee requirements in order to reopen the divorce case which is necessary in order to modify the alimony or any existing orders related to the divorce.

Required Forms and Documents:

There are a few additional forms that are required which must be filed along with the Supplemental Petition. If the spouses have reached an agreement pertaining to the modification, then a settlement agreement would need to be included. Spouses are also asked to provide Financial Affidavits in order to itemize or detail the financial situations of each spouse. In order to certify that each spouse has answered truthfully when providing their financial disclosures to the court, both are also required to complete and file a Certificate of Compliance with Mandatory Compliance. Each of the forms come with instructions attached, and all of these additional documents are mandatory and required in order to process the petition for modification for alimony.

Providing Service and Awaiting Trial

Any Supplemental Petition and the additional required documents to be included with the petition are to be served upon the other spouse. A professional process server or constable can be used to deliver the documents, usually for a small fee. They will ensure delivery of the documents while also providing evidence or proof of service.

Once the other spouse has received service, they are given 20 days to file either an answer or an answer with counter-petition. The other spouse can dispute or disagree with anything in the petition for modification, and if they do so, then the spouse who provided the supplemental petition for modification of alimony will be required to contact the court and request a hearing or trial date.

Both spouses may also be required to participate in mediation before they are permitted to proceed in trial. Mediation involves employing an impartial third person to facilitate communication between the parties. Often times, a mutually acceptable resolution can be reached through the cooperative dispute resolution process mediation provides for. However, the modification issue will go to trial if no mediation agreement can be reached. During the subsequent trial, it will be the responsibility of the petitioner to prove they are entitled to any requested modification as outlined in their supplemental petition for modification of alimony.

Reaching an Agreement:

Having reached an agreement, a written settlement agreement will be produced. Both spouses' names and addresses will be included along with the date of divorce, original alimony amount, and payment schedule, similar to the information required when completing the supplemental petition that begins the modification of alimony process.

Additionally, the grounds for substantial change of circumstances which resulted in the need to modify the existing alimony agreement will be provided along with an explanation of the proposed changes. A statement is also provided which acknowledges both sides are in agreement with the requested changes, and once again, in the presence of a notary or deputy court clerk, the spouses will both be required to sign the agreement.

If for some reason the spouses cannot agree on all of the proposed changes, anything that is not agreed upon will then revert back to mediation or instead, may be decided upon by the presiding judge.

The attorneys at Fernandez Law Group always represent the best interests of our clients and if you have any questions about alimony, divorce, child support, custody, mediation, or need a family law attorney in Tampa, we suggest you call us today at 813-489-3222 for a FREE consultation.

Content authored by Frank Fernandez

Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.