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Gregg R. Margre, P.A.
(561) 207-1124
Frequently Asked Questions

Common Questions About Our Services

Workers' Compensation FAQ

Your Rights After a Workplace Injury

Workers' compensation is a state-mandated insurance program that provides benefits to employees who suffer job-related injuries or illnesses. In Florida, most employers with four or more employees are required to carry workers' compensation insurance. The system is designed to cover medical expenses, a portion of lost wages, and rehabilitation costs without requiring the injured worker to prove fault on the part of the employer.

In Florida, most employees are eligible for workers' compensation benefits if they are injured in the course and scope of their employment. This includes full-time, part-time, and seasonal workers. Construction industry employers must provide coverage if they have one or more employees. Independent contractors are generally not covered, although misclassification disputes are common. Certain agricultural and domestic workers may also have different eligibility thresholds under Florida law.

Florida workers' compensation benefits typically include coverage for all reasonable and necessary medical treatment related to the workplace injury, temporary disability benefits (temporary total or temporary partial) to replace a portion of lost wages, permanent impairment benefits once you reach maximum medical improvement, and vocational rehabilitation if you are unable to return to your previous job. In the most severe cases, permanent total disability benefits may be available. Death benefits may also be paid to surviving dependents.

Under Florida law, you must report a workplace injury to your employer within 30 days of the accident or within 30 days of when you knew or should have known the injury was work-related. The statute of limitations for filing a Petition for Benefits with the Judge of Compensation Claims is generally two years from the date of the accident, the date of last authorized medical treatment, or the date of last payment of compensation, whichever is later. Failing to meet these deadlines can result in the loss of your right to benefits, so prompt action is important.

Personal Injury FAQ

Understanding Your Personal Injury Rights

A personal injury claim is a legal action brought by an individual who has been physically or emotionally harmed due to the negligence or wrongful conduct of another party. Common personal injury cases include automobile accidents, slip-and-fall incidents, medical malpractice, and product liability. The injured party, known as the plaintiff, seeks compensation from the responsible party or their insurance carrier for damages such as medical bills, lost income, pain and suffering, and other related losses.

In Florida, the statute of limitations for most personal injury claims is two years from the date of the injury or accident. This means you must file a lawsuit within that time period, or you may permanently lose your right to seek compensation. There are certain exceptions that may extend or shorten this deadline, such as cases involving government entities or cases where the injury was not immediately discovered. It is advisable to consult with an attorney as soon as possible to ensure your claim is filed within the applicable time frame.

In a Florida personal injury case, you may be entitled to recover both economic and non-economic damages. Economic damages include quantifiable losses such as medical expenses (past and future), lost wages, diminished earning capacity, and property damage. Non-economic damages cover subjective losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In rare cases involving intentional misconduct or gross negligence, punitive damages may also be awarded to deter similar behavior in the future.

While you are not legally required to hire an attorney for a personal injury claim, having experienced legal representation can significantly impact the outcome of your case. Insurance companies employ skilled adjusters and attorneys to minimize payouts, and navigating the legal process on your own can be challenging. An attorney can help you understand the full value of your claim, gather and preserve critical evidence, negotiate with insurance companies, and represent your interests in court if a fair settlement cannot be reached.

Real Estate FAQ

Real Estate Legal Questions

While Florida law does not require you to have an attorney present at a real estate closing, it is strongly recommended. Real estate transactions involve complex legal documents, title searches, and potential issues that can have significant financial consequences. An attorney can review the purchase agreement, identify problematic contract terms, examine the title for liens or encumbrances, ensure all documents are properly executed, and protect your interests throughout the closing process. Having legal counsel is especially important for commercial transactions or properties with unusual title histories.

A title review is a thorough examination of the public records related to a piece of real property. The purpose is to verify that the seller has clear and marketable title to convey to the buyer. The review traces the chain of ownership, identifies any outstanding mortgages, liens, judgments, easements, or encumbrances that could affect the property. It also checks for any unresolved legal issues such as pending litigation, unpaid taxes, or boundary disputes. A clean title review is typically required before a title insurance policy can be issued, providing the buyer with protection against future title defects.

Common real estate disputes in Florida include boundary and property line disagreements between neighbors, title defects discovered after closing, disputes over easements or rights of access, breach of contract claims between buyers and sellers, construction defect claims, landlord-tenant disputes, homeowners association conflicts, and issues related to property disclosures where the seller failed to reveal known defects. Zoning and land use disputes may also arise when property owners seek to develop or modify their property in ways that conflict with local regulations. Many of these disputes can be resolved through negotiation or mediation, but some may require litigation.

Still Have Questions?

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