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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Palm City Lawyer

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.

I am getting sued by my HOA

Hiring a lawyer because you have a dispute with your homeowners association or your condo association is usually not a concern prior to purchasing your home or condominium.  Many people purchase a home or a condominium with an association because they appreciate the appearance of the clean community, the amenities, and possibly the safety afforded a manned gate or security system.  The documents governing how the community is managed are just a formality and so is the interview process.  All that was needed was a signature acknowledging receipt of HOA documents, the payment of a fee, and an informal interview and then acceptance into the association.  However, it is very important  to understand how the community operates.  It is important to know and understand the rules and regulations.  It is important to know the finances of your new community.

When a dispute arises with an HOA or a Condo association, often it is the result of an infraction with an existing HOA rule.  The owner never read the rules and regulations prior to closing on the purchase of the home or condominium.  Sometimes these issues can be easily resolved.  However, there are many instances where these conflicts can become very heated.  For example, if an association is pet friendly, know the pet restrictions and follow them.  If there is only a certain number of pets or size limitation, do not purchase a unit where you have more than the number allowed or exceed the limitation.  If you decide to ignore these restrictions, be prepared to be cited.

Whether it is beneficial or detrimental, neighbors in associations concern themselves with the intimate details of their fellow association members.  Frequently, neighbors members take it upon themselves to patrol the grounds and make sure the association’s rules are followed.  Elected board members often take up the mantle as well.  The point of this digression is to make sure you do not put yourself needlessly in their sites.  Read and know your rules and regulations prior to considering the purchase.  Review the financial documents for the association.   Ask questions:  How often has the association has cited a member for noncompliance with the rules and regulations?  What is the most often issue associated with noncompliance?  What was the outcome of these noncompliant cases?  Find out the name of the Management Company hired by the board.  Go to the management company or call and ask questions.  Find out who is on the board and how long they have been on the board.  It is critical to get a feel for the association before you decide to take the plunge.

If the answers you receive do not fit your criteria, do not buy in that HOA.  Do not rely on what your realtor tells you.  They are concerned about the sales transaction, which is their job.  Albeit, there are some very solid and concerned real estate sales agents out there (I know from experience I am married to one), there is still no substitution for sound due diligence.  I have had people come into my office telling me what their real estate sales agent told them and then see their signature on the bottom of the page indicated they had received and reviewed the HOA documents.  If you need help reviewing HOA documents, real estate contracts, have a real estate issue, or end-up in a dispute with your homeowner’s association or condominium association and need a lawyer, give my office a call.

 

Can they take my car in Bankruptcy?

Can they take my car in Bankruptcy?

Whether a creditor can take your car or you will lose your car in Bankruptcy is not a simple yes or no question. There are many factors which will determine whether the equity in your car can be reached by a creditor and whether or not they would even consider spending the time and effort to attach your vehicle.

The video below discuss one of the issues which is title to the vehicle. Is the vehicle titled in more than one person’s name and how is that titled. If there is more than one person on the title, then whether you’re potential equity in the vehicle is subject to how the vehicle is titled. If the vehicle is titled between you “and” another party, then your interest in the asset is 50%. However, if the title indicates multiple party ownership using the conjunctive “or”, then either you or any other owner can transfer the asset. This distinction comes into play when determining the equitable stake in an asset.

Another factor in determining the equity is the wholesale value of the asset. In south Florida, most trustees use the Kelly Blackbook value. This is reasonably accurate. However, with each vehicle there can be factors which reduce the value including the operating condition, the overall condition, the mileage, etc… These factors are taken into account when determining the value of the vehicle. For the Bankruptcies I file here in Stuart, Port St. Lucie and Jupiter, I maintain an online annual subscription to the Kelly Blackbook. This gives us the up to date adjustments made to any vehicles value.

The other major consideration is whether or not the vehicle is liened (i.e. there is a loan on the car). The equitable value of the vehicle is the Kelly Blackbook wholesale minus the conditional adjustments minus the lien on the vehicle divided by the number shared owners. This is roughly the process used to determine the equitable value of the vehicle. If the lien exceeds the value of the vehicle there is no equity to attach. Then, when you file for a chapter 7 Bankruptcy, you reaffirm the loan through the bankruptcy. You can also choose to let the vehicle go and discharge your obligation to the lender for any potential deficiency owed on the vehicle (the difference between the value of the vehicle and the amount owed on the note).

If you are facing a financial dilemma and are looking for a lawyer in Stuart FL, Port St. Lucie FL, or Jupiter FL, please give me a call.

Slip and Fall Lawyer Stuart FL

Slip and Fall Lawyer Stuart FL

Slip, Trip and Fall Hazards


It is important to understand how these incidents arise, whether there exists a duty, and have you been injured.  There is also the issue of comparative negligence.  If you are careless or knowingly place yourself in a potentially dangerous situation, you may not be entitled to recover compensation for your injuries.  Slip, trip and fall hazards can be very involved.  They are subject to the situation at that specific time.  Videos, witnesses, reports, and conditions are integral in providing supporting evidence for your case.

Often someone will trip on something or slip on a wet surface and, because of their embarrassment, convince themselves it was due to their own lack of coordination.  There is this inherent misconception.  Usually, there is an underlying cause to which you may or may not have contributed.  A wet floor, an uneven surface, or some other anomaly may have contributed to or caused your fall.

Whether or not the property owner knew or should have known about the potential slip, trip and fall hazard is another issue.  Was there a duty?  Did the owner have reason to know or should have known about the potential hazard?  Is there more than one party responsible for the maintenance of the location where you fell?  These are questions of law.

If the incident was simply a stumble and the individual regained their balance, there are no injuries and therefore, no damages.  However, if you fell and it resulted in an injury, you could be incapacitated and require medical attention.

If your case meets these criteria, you could be awarded monetary damages for your injuries which could include compensation for medical costs, lost wages, permanent disability, emotional distress and other damages directly related to your injury.

If you or a loved one has been injured as the result of a slip, trip and fall and need a zealous advocate in your corner, give me a call.  My name is Randy Fischer of Randall A. Fischer, P.A.  I am a Lawyer with offices, in Stuart, Port St. Lucie, and Jupiter Florida.