Business Address

Law Office of Randall A. Fischer P.A. At Stuart

2100 SE Ocean Blvd #203, Stuart,
Martin, Florida 34996
Phone: (772) 463-7737


Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206, Port St. Lucie
St. Lucie, Florida 34984-5232
Phone: (772) 463-7738


Randall A. Fischer, P.A. Law Office At Jupiter

1080 East Indiantown Road #104
Jupiter, Florida 33477
Phone: (561) 316-7111


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Lawyer Jupiter FL

Contract Lawyer Stuart FL

CONTRACT LAWYER STUART FL

JOINT AND SEVERAL LIABILITY

What is joint and several liability mean and what happens if I have signed a contract subject to joint and several liability?  Joint and several liability mean any and all of the parties subject to the clause are liable  for the for the amount due under the contractual agreement.  It does not mean that each party subject to the agreement is responsible for their share of the obligation.  The entire liability can be collected from one or more of the parties.

This is a very important clause to fully understand when signing any agreement.  To misunderstand the extent of liability. could be a very expensive mistake.

As a contract lawyer in Stuart, Port St. Lucie and Jupiter FL, I have had many clients misinterpret this term or other terms in a contract.  Knowing the liability associated with the agreement is critical to a successful endeavor.  If you need a contract lawyer in Stuart, Port St. Lucie or Jupiter FL, please give me a call.

I have loaded a video below which touches on the issue of joint and several liability for contracts.  Thank you for reviewing my website, if you have any legal questions, please don’t hesitate to call.

Business Planning

Business Planning

This importance of business planning at the onset of any venture cannot be stress enough. In my practice, I see many businesses that fail due to improper planning at the outset. This planning has many dimensions. Many businesses fail because they do not property analyze and assess their market prior to making a commitment to begin the business, others fail because they are undercapitalized, others fail because there has been no contingency for the death of a principal, others lack the proper structure and organization, and still others fail for personal issues between the principals. There are a multitude of issues which can surface during the operation of a business which can ultimately lead to its demise. Therefore, before jumping into business take the time to thoroughly examine the potential issues first and plan contingencies to address them.

Your financial and marketing business plan should be carefully completed and reviewed by a third party professional. Your business structure should be crafted to address your business growth plan and demands. Issues regarding the potential dissolution should be addressed in the operating documentation to clear-up any ambiguities and to tackle the issues head-on. This should not be an area that is avoided because one of the principals may take offense or will not negotiate or simply believe everything has been clearly stated without written documentation signed by the parties agreeing to the structure.

There are many issues which from accounting methods to the disbursement of profits that need to be address at the inception in order to make sure the business runs smoothly and that all of the parties are on the same page. This is not the time to be shy. Do these before you begin the business and save yourself a world of heartache, financial grief down the road.

If you are planning on going into business address as many issues as possible, have the documentation reviewed by professionals including a lawyer, business consultant, banker and an accountant.

If you need assistance with setting up your business, please give my office a call.

 

Personal Liability Business Contracts

Personal Liability in Business Contracts

When entering into any contract it is extemely important to know and understand the terms of the contract.  Often, clients have come into my office after unwittingly signing an agreement which included a personal liability clause.  There have also been situations in which the client signed as a guarantor which also included a personal guarantee for a friend or a relative.

In general, personal guarantees are a fact of life in business contracts including loans, franchise agreements, leases, etc…  That being said, nothing is set in stone.  It is important to negotiate before signing.  It is also important to know what you are negotiating before signing.  Just because a contract is printed or is a standard form doesn’t mean it cannot be changed.

It is important to consult with a lawyer before potentially creating a legal morass of unintended liability.  It is important to nip this in the bud.

If you are contemplating any contractual relationship, it is important to consult with a lawyer before signing the contract.  If you need a lawyer in Stuart, Port St. Lucie, or Jupiter FL, please give my office a call.  Thank you for taking the time to review my website.

Lawyer Port St. Lucie FL Free Consultation

Lawyer Port St. Lucie FL Free Consultation

There is always apprehension associated with contacting a Lawyer.  You wonder how much will it cost to sit down and talk to the lawyer.  Often, clients will forgo visiting an attorney and attempt to handle their own cases on their own only to put themselves in a more difficult position.  I offer a free consultation.  This affords you the opportunity to have your case evaluated and find out whether you feel comfortable with me and me with you.

If you are looking for a lawyer in Port St. Lucie, Stuart or Jupiter FL, please give my office a call.  We will schedule your free consultation.  Thank you for coming to my website.

Wrongful Death

Wrongful Death


The loss of a loved one is so very difficult.  The emotional destruction to you and your family does not have a monetary value and the last thing on your mind is thinking about a wrongful death claim and hiring an attorney to help you.  Your life changes so dramatically.  Financially, the impact can be extremely severe as well.  The loss of financial support can cause severe financial setbacks.  It is very difficult to comprehend the overall impact.  Although you cannot put a monetary value on the loss of a loved one, the Law Offices of Randall A. Fischer can help you recover compensation for the loss and at least ease the financial burden associated with the loss.  The Law Offices of Randall A. Fischer are here to assist you with your claim and make sure your legal rights are protected.

Whether or not a case is a wrongful death claim is dependent upon the circumstances and the relationship to the decedent.  There are two classifications of the damages for a wrongful death claim:  Survivors, which are those entitled to damages as be defined under the Florida wrongful Death Statute as loved ones.  There are also damages which would go to the recipients of the decedent’s estate had they died without a will (intestate).  Below I have pasted in the Florida Statute regarding damages in a Wrongful death claim.  This way you can review the statute and ask any questions you may have.  It is important to know that these statutes do change, but you can get an understanding of how the damages are broken down.

768.21  Damages.–All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows:

(1)  Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.

(2)  The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.

(3)  Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.

(4)  Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.

(5)  Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.

(6)  The decedent’s personal representative may recover for the decedent’s estate the following:

(a)  Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:

  1. If the decedent’s survivors include a surviving spouse or lineal descendants; or
  2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.

(b)  Medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5).

(c)  Evidence of remarriage of the decedent’s spouse is admissible.

(7)  All awards for the decedent’s estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.

(8)  The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).

Finding an attorney that will help you through this difficult process and work to make sure you receive the proper compensation is difficult decision in a very difficult time.  If you find yourself in this position, give my office a call, I will come to your home and discuss the process with you.  If you would like to set up an appointment, please give my office a call.

 

Thank you for taking the time to view my website.