The Difference Between Careless Driving and Reckless Driving

Often when I ask a new injury client if the at-fault driver that caused the car crash was given a citation, I hear this: “Yes, he was ticketed for Reckless Driving…” In all likelihood, he was ticketed with Careless Driving, not Reckless Driving, and there’s a world of difference between the two. Most all of us have had lapses of judgment at one time or another on the road – maybe you diverted your attention for a second and rear ended someone you thought had Read More +

Personal Injury Cases and Bankruptcy

Whenever I’ve signed up a new client after they’ve been injured in some form of crash, I always, always ask the client whether they’re currently in a bankruptcy or if they’re planning to file for bankruptcy. While this may offend some, I ask them whether they’re middle class or wealthy.  An injury with a lots of time out of work can drain just about anyone’s savings to the point of living on credit cards and other economic distress. Why is it relevant? Because once you Read More +

Thank You………

I rarely get too personal in my law firm website blog postings. It’s not in my nature. I’ll write about cases I’ve had, about changes in the law, about things around the office, about funny things in general. But writing about me as a person first and a lawyer next, is an unnatural and uncomfortable exercise. However, on this two year anniversary it is time to reflect and acknowledge that I’m incredibly, unbelievably grateful the way things have developed over the last 24 months. Two Read More +

Condescending Questions from Lawyers on TV Ads

Nothing sends me faster to the mute button on the remote other than TV lawyer ads. One in particular is very grating. A spokes-lawyer for a gigantic mega firm in many states advising consumers to ask their lawyer, “How many multi-million dollar verdicts do you have under your belt?” Now, there are big firms with a track record of gigantic verdicts, however, that’s not the norm. Not nearly. Multi-million cases come along to small firms and sole-practitioners a few times in a career, if we’re Read More +

No, Not Every State Allows a “No-Contest” Clause in a Will – Florida Doesn’t….

Recently, I was listening to a national cable show and their estatexpert for the day was an estate planner. Prattling on about how you don’t really need a lawyer to do your own estate planning, he advised going to a website and downloading a Will form, and added, don’t forget to put a “No-Contest” clause in your Will. “That way, if Junior ever contests his share from your Will, he won’t get a penny!” He went on to say, “All states allow a No-Contest Clause Read More +

What’s “Sovereign Immunity”?

The word “sovereign” means : “a chief ruler with supreme power,” like a King or Queen or even a fiefdom run by a master. Back in the middle-ages when the world was largely run by sovereigns whether royalty or a chief ruler, one couldn’t sue the master. As the saying went, “rex non potest peccare”, or the king can do no wrong. So, if you couldn’t sue your sovereign, he or she had complete immunity. Royalty could rain down any number of nasties on you Read More +