UNDERSTAND WHAT MARRIAGE IS BEFORE YOU SAY “I DO”

Marriage is beautiful. However people seldom realize that legally, marriage is a civil contract.  In  order to have a valid marriage in the state of Florida, both parties must enter the agreement to marry voluntarily, both parties must have capacity to contract, there must be intent to marry by both parties, the marriage must not be illegal, lastly there must be a ceremony & marriage license.

 

The state has power to regulate the marriage subject to constitutional limitations. Marriage is very powerful and you should be aware of the rights of spouses, ownership rights, rights in probate, privileges, inheritance rights, and tax implications that come along with marital status.

 

Basic duties and rights include:

  1. Each spouse has a legal duty to support the other during marriage and after separation.
  2. Property rights: Assets acquired before the marriage are considered separate property. However this rule is not not absolute. Assets acquired before the marriage may become marital property in certain circumstances. Usually inheritance and gifts acquired before the marriage are considered separate. Note that separate property may lose its character and become marital property when the nonowner spouse contributes services or funds to the property beyond the performance of ordinary marital duties. Assets acquired by either spouse after the date of marriage are presumed to be marital assets.
  3. Homestead property rights.
  4. Marital communications privileges and privacy rights.
  5. Inheritance rights, elective share, intestate share, and so much more.

 

For a consultation with your family law legal issue, contact our Family Law attorneys at the Bijoux Law Firm.

 

CALL TOLL FREE:  844-9-HANDLE (844-942-6353)

Bijoux Law Firm

110 SE 6th Street Suite 1700

Fort Lauderdale, FL 33301

Office Phone: (954) 363-0320 Ext. 9033

Fax:1-305-503-7426

Email: AttorneyBB@BijouxInjuryLaw.com

Website: www.BijouxInjuryLaw.com

Facebook: https://www.facebook.com/BijouxInjuryLaw/

Linkedin: https://www.linkedin.com/in/beatricebijoux

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MY UBER DRIVER OR LYFT DRIVER CRASHED, AND I WAS THE PASSENGER. NOW WHAT?

uber lyft

 

Under Florida Law, a driver owes a passenger the duty of exercising ordinary or reasonable care to avoid injuring him or her. Therefore if you have been injured in an accident involving a LYFT, UBER, or any ride-sharing service, you may be entitled to compensation for your damages.

 

Although, ridesharing services are convenient and a common solution to transportation dilemmas in today’s modern times, these ride-sharing services do have their pitfalls. Accidents do tend to occur seeing that Uber and Lyft employ amateur drivers using their own personal cars (which may be defective) to transport passengers to their destinations.

 

If you are involved in an Uber or Lyft accident, Contact the Bijoux Law Firm so we can explain to you your options. If the Uber/Lyft driver was found to be at fault you may be able to pursue the Lyft or Uber corporation. These Ridesharing companies are regulated by the state of Florida and are required to carry certain insurance for their drivers.

 

Uber or Lyft may contact the accident victim immediately after the accident, our office advises do not talk to them unless and until you have consulted with a Florida personal injury lawyer.

 

Often times people who are victims of an accident think that they can handle a claim on their own and they for go the opportunity to adequately be advised of their legal rights. Seeking the help of a knowledgeable personal injury lawyer can help you secure the highest value for your personal injury claim.

For more information and help with your personal injury matter contact The Bijoux Law Firm.

CALL TOLL FREE 844-9-HANDLE (844-942-6353)

Bijoux Law Firm

110 SE 6th Street Suite 1700

Fort Lauderdale, FL 33301

Office Phone: (954) 363-0320 Ext. 9033

Fax:1-305-503-7426

Email: AttorneyBB@BijouxInjuryLaw.com

Website: www.BijouxInjuryLaw.com

Facebook: https://www.facebook.com/BijouxInjuryLaw/

Linkedin: https://www.linkedin.com/in/beatricebijoux

Twitter:https://twitter.com/BijouxLawFirm

Dramatic increase in deaths due to distracted drivers in Florida

attorney bb and k

According to a study by the the National Safety Council, in the first six months of 2016, nearly 1,600 people died in traffic crashes in the sunshine state. That’s a 43 percent increase compared to the same time period in 2014.

Florida’s roads are becoming more deadly as the population and tourism industry booms, in addition to more drivers are being distracted or are under the influence of alcohol or drugs while driving behind the wheel.

With the increase of dependence on smart phone devices, and other car technological advances, our drivers are even more at risk for serious bodily harm or death due to an automobile accident.

Often times people who are victims of an accident think that they can handle a claim on their own and they for go the opportunity to adequately be advised of their legal rights. Seeking the help of a knowledgeable personal injury lawyer can help you secure the highest value for your personal injury claim.

For more information and help with your personal injury matter contact The Bijoux Law Firm.

CALL TOLL FREE 844-9-HANDLE (844-942-6353)

Bijoux Law Firm

110 SE 6th Street Suite 1700

Fort Lauderdale, FL 33301

Office Phone: (954) 363-0320 Ext. 9033

Fax:1-305-503-7426

Email: AttorneyBB@BijouxInjuryLaw.com

Website: www.BijouxInjuryLaw.com

Facebook: https://www.facebook.com/BijouxInjuryLaw/

Linkedin: https://www.linkedin.com/in/beatricebijoux

Twitter:https://twitter.com/BijouxLawFirm

 

Someone hit me with their car! Can I sue that person for negligence?

cropped-beatrice-bijoux-legal-head-shot.jpgUnder to Florida Law, all persons who operate motor vehicles on the streets or highways of Florida must drive in a careful and reasonably prudent manner to avoid damage or harm to the other person or property.

 

If this duty is violated, you or a loved one may have a potential personal injury claim. It all depends on the particular facts and circumstances of your unique situation. Every case is different that is why we highly recommend you contact our attorneys in our office at The Bijoux Law Firm, so we can evaluate the facts.

 

In order to institute a personal injury lawsuit in the state of Florida, 4 elements must be met.

 

First,  there must have been a duty on the part of the defendant to conform to a certain standard of conduct for the protection of others, including the plaintiff

Second, The defendant must have breached that duty

Third, the defendant’s breach of duty must have caused the plaintiff’s damage and/or injuries.

Fourth, there must be damages that the plaintiff has suffered as a result of the defendant’s alleged negligence. 

 

For more information and help with your personal injury matter contact The Bijoux Law Firm.

CALL TOLL FREE:  844-9-HANDLE (844-942-6353)

Bijoux Law Firm

110 SE 6th Street Suite 1700

Fort Lauderdale, FL 33301

Office Phone: (954) 363-0320 Ext. 9033

Fax:1-305-503-7426

Email: AttorneyBB@BijouxInjuryLaw.com

Website: www.BijouxInjuryLaw.com

Facebook: https://www.facebook.com/BijouxInjuryLaw/

Linkedin: https://www.linkedin.com/in/beatricebijoux

Twitter:https://twitter.com/BijouxLawFirm

THE BASIC ESTATE PLANNING ESSENTIALS

Over 55% of Americans do not have a living will! Many people believe estate planning only applies to wealthy individuals with millions of dollars. That is simply not the case. Simply put, estate planning helps protect your family in the event that something bad happens to you. Failing to plan your estate leaves you at risk to incur expensive legal and court fees and complex legal battles.  Other goals achieved by estate planning include tax minimization, privacy, control over assets, and avoiding costly probate.

 

The Basic Estate Planning package we recommend includes the following:

  • Last Will & Testament
  • Durable Power of Attorney
  • HIPPA Release
  • Living Will
  • Healthcare Surrogate

Trust Based Estate planning : all of the above PLUS Trust and Pourover Will

 

For more information and help with estate planning needs contact The Bijoux Law Firm.

CALL TOLL FREE:  844-9-HANDLE (844-942-6353)

Bijoux Law Firm

110 SE 6th Street Suite 1700

Fort Lauderdale, FL 33301

Office Phone: (954) 363-0320 Ext. 9033

Fax:1-305-503-7426

Email: AttorneyBB@BijouxInjuryLaw.com

Website: www.BijouxInjuryLaw.com

Facebook: https://www.facebook.com/BijouxInjuryLaw/

Linkedin: https://www.linkedin.com/in/beatricebijoux

Twitter:https://twitter.com/BijouxLawFirm

HOW MUCH IS MY PERSONAL INJURY CLAIM WORTH , HOW LONG WILL THIS TAKE?

These are the number one questions asked by clients when they first sign up with my law firm!

 

HOW MUCH IS MY PERSONAL INJURY CLAIM WORTH?”

 

“HOW LONG WILL THIS TAKE?”

 

 

 

LET’S START WITH THE FIRST QUESTION: “HOW MUCH IS MY PERSONAL INJURY CLAIM WORTH?”

 

To begin with there is no exact cookie cutter formula to evaluate how much a personal injury claim is worth. Every victim’s situation and case is different. There are a myriad number of factors that go into account to evaluate the value of a personal injury case. To give you a basic analysis on how lawyers value a personal injury case it all boils down to about 4 factors.

 

 

 

  • LIABILITY

 

-You must be able to prove fault. For example in a negligence claim you must prove 1. The person who hit you had a duty to not hit you and operate their vehicle with reasonable care. That person breached their duty. Because of that breach of duty that person caused your injuries. And because of that person’s action you have experienced damages.

 

-Keep in mind Florida is a “pure comparative negligence state”, every person involved in the accident is liable for their percentage of fault. For example, if a jury finds the defendant was 100% at fault, then you will be compensated for 100% of your damages.

 

-All in all, liability must be established in order to recover from an at fault party.

 

 

  • DAMAGES

 

 

-The amount your personal injury claim is worth depends on your damages. If you were involved in an automobile accident, yet did not sustain a serious injury, then your claim may not be worth much money. However if you sustained serious injuries such as a disc herniation, or brain damage then that will be a completely different story. What do your MRIs reveal ? What are your specialist doctors saying, How much are your medical bills? The more seriously injured you are , the higher value your claim will be.

– Another factor to look at are prior injuries. Prior injuries can make or break a case and also go to the issue of causation, not only damages.

 

 

 

  • AVAILABLE POLICY LIMITS AND ASSETS.

 

 

You cannot recover if there is not a pot of money to go after !!! Often times people get hit and sustain severe injuries, yet come to discover the defendant who hit them only has a bodily injury insurance coverage of $10,000/$20,000 ( meaning bodily injury coverage of  $10,000 per person  and up to $20,000 per accident). Or ever worse  a plaintiff may get hit by a person with no insurance, also known as an uninsured motorist driver.

 

The value of your case is determined by how much money is available on the defendant’s insurance coverage. A defendant may have  1,000,000 worth of coverage or ZERO dollars worth of coverage it all depends.

 

The best way to protect yourself if you get hit by someone with too little insurance or no insurance is to add Uninsured/Underinsured Motorist Coverage to your OWN insurance policy. That way if someone hits you without insurance, then you are still protected by your OWN insurance carrier.

 

Lastly, you may be able to go after a tortfeasor personally by going after their assets. Keep in  mind in order to do this a person must have assets  you can go after and find….

 

 

“HOW LONG WILL THIS TAKE?”

 

 

I receive this question all the time from personal injury victims. The answer… unfortunately there is not set amount of time anyone could tell you your claim will take.

 

At the Bijoux Law Firm, we understand the intricate hardships that go into a personal injury claim. The lost wages, the pain and suffering, the time consuming treatment process, the mental anguish. Which is why we work as quickly and as diligently as possible to get our client paid and on the the road to recovery. Personal Injury claims can take anywhere from months and years to resolve. If litigation is involved it could take longer. Every case is different and has its unique set of circumstances and challenges.

 

 

For more information and help with your personal injury matter contact The Bijoux Law Firm.

 

CALL TOLL FREE:  844-9-HANDLE (844-942-6353)

 

Bijoux Law Firm

110 SE 6th Street Suite 1700

Fort Lauderdale, FL 33301

Office Phone: (954) 363-0320 Ext. 9033

Fax:1-305-503-7426

Email: AttorneyBB@BijouxInjuryLaw.com

Website: www.BijouxInjuryLaw.com

Facebook: https://www.facebook.com/BijouxInjuryLaw/

Linkedin: https://www.linkedin.com/in/beatricebijoux

Twitter:https://twitter.com/BijouxLawFirm

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What damages may I be entitled to in a Personal Injury Claim?

Damages you may be entitled to in a motor vehicle negligence claim include:

•Bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, and loss of capacity for the enjoyment of life

•Past and future medical and incidental expenses

•Loss of earnings, loss of employment benefits, and loss earning capacity

•Repair or replacement of plaintiff’s motor vehicle

•Loss of use of plaintiff’s motor vehicle

•Spouse’s loss of consortium

TYPES OF DAMAGES INCLUDE

 

  • COMPENSATORY DAMAGES

 

Are a sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another.

 

There are two types of Compensatory damages, General and Special.

 

-GENERAL Damages are non-economic damages that compensate victims for non-monetary harm suffered as a result of the negligence of the defendant. General Damages include: Bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, and loss of capacity for the enjoyment of life, loss of consortium.

 

-SPECIAL Damages are economic in nature and compensate the plaintiff for their quantifiable financial loss. Special damages include: Past and future medical and incidental expenses, Loss of earnings, loss of employment benefits, and loss earning capacity, Repair or replacement of plaintiff’s motor vehicle, Loss of use of plaintiff’s motor vehicle

 

 

 

  1. PUNITIVE DAMAGES

Punitive damages are appropriate when a defendant engages in conduct that is fraudulent, malicious, deliberately violent or oppressive, or committed with such gross negligence as to indicate a wanton disregard for the rights of others [W.R. Grace & Co. v. Waters, 638 So. 2d 502, 503 (Fla. 1994)].

Punishment and deterrence are the policies underlying punitive damages [W.R. Grace & Co. v. Waters, 638 So. 2d 502, 504 (Fla. 1994)]. The Florida Supreme Court has stated that punitive damages are favored as a means of correcting wrongs in areas not covered by the criminal law. Moreover, such awards aid in maintaining public order by permitting a wronged plaintiff to seek redress in the courtroom rather than by illegal means [Campbell v. Gov. Employees Ins. Co., 306 So. 2d 525, 531 (Fla. 1974)].

 

 

 

PLEASE SEE OUR WRONGFUL DEATH BLOG FOR WRONGFUL DEATH DAMAGES DISCUSSION.

 

For more information and help with your personal injury matter contact The Bijoux Law Firm.

 

CALL TOLL FREE:  844-9-HANDLE (844-942-6353)

 

Bijoux Law Firm

110 SE 6th Street Suite 1700

Fort Lauderdale, FL 33301

Office Phone: (954) 363-0320 Ext. 9033

Fax:1-305-503-7426

Email: AttorneyBB@BijouxInjuryLaw.com

Website: www.BijouxInjuryLaw.com

Facebook: https://www.facebook.com/BijouxInjuryLaw/

Linkedin: https://www.linkedin.com/in/beatricebijoux

Twitter:https://twitter.com/BijouxLawFirm

FLORIDA CAR INSURANCE: WHAT YOU NEED TO KNOW

WHAT ARE  THE MANDATORY CAR INSURANCE REQUIREMENTS IN FLORIDA?

 

The state of Florida requires every vehicle with four or more wheels maintain Florida Auto Insurance coverage. When you register your vehicle you must have proof of Florida coverage. The minimum requirement is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL).

 

It is important to note that Florida does not require drivers to carry Bodily Injury Coverage. It can be required if you have been convicted of an offense such as a DUI.

 

What does this mean?

To break it down,

 

Personal Injury Protection (PIP) benefits are paid by your own insurance company regardless of who was at fault in the accident. PIP pays for 80% of your medical bills and 60% of your lost wages up to $10,000. This money goes directly to your medical providers not you.

 

Bodily Injury Liability Coverage

Bodily injury coverage is not required in the state of Florida to operate a vehicle, UNLESS you have been convicted of a DUI, as per Florida Statute 324.023.

 

I recommend adding Bodily Injury Coverage to your insurance policy because it protects you to a certain extent should the not at fault driver you hit, choose go after your assets personally in a civil lawsuit to compensate for their damages.

 

Please be advised of The Florida Financial Responsibility Law requires that any person at fault in a crash resulting in bodily injury and property damage to others must have in effect at the time of the crash full liability insurance coverage. This coverage includes minimum limits of bodily injury liability of $10,000 per person, $20,000 per crash, $10,000 property damage liability per crash, and personal injury protection limits of $10,000 per person per crash.

 

 

 

 

 

UNINSURED OR UNDERINSURED MOTORIST COVERAGE

  • YOU MUST ADD THIS COVERAGE TO YOUR CAR INSURANCE POLICY in the event you get hit by an uninsured (no coverage) or underinsured (not enough coverage) driver.

UM Coverage will protect and compensate yourself, or any family member, if hit by a vehicle when acting as a pedestrian, riding a bike, or any event where another driver hits you with their vehicle.

 

Insurance carriers do not want you to have this and will not mention the importance of this coverage, so do not be a tricked and leave it off of your insurance policy.

 

 

YOU MAY THINK YOU HAVE FULL COVERAGE…. BUT THERE IS NO EXACT DEFINITION, YOU NEED UM COVERAGE TO TRULY HAVE FULL COVERAGE”

 

 

THIS ARTICLE SIMPLY EXPOSES YOU TO THE TIP OF THE ICE BERG  INFORMATION REGARDING THE BASICS OF CAR INSURANCE THAT YOU NEED TO KNOW. FOR MORE INFORMATION, PLEASE CONTACT OUR EXPERIENCED ATTORNEYS.

 

 

CALL TOLL FREE:  844-9-HANDLE (844-942-6353)

 

Bijoux Law Firm

110 SE 6th Street Suite 1700

Fort Lauderdale, FL 33301

Office Phone: (954) 363-0320 Ext. 9033

Fax:1-305-503-7426

Email: AttorneyBB@BijouxInjuryLaw.com

Website: www.BijouxInjuryLaw.com

Facebook: https://www.facebook.com/BijouxInjuryLaw/

Linkedin: https://www.linkedin.com/in/beatricebijoux

Twitter:https://twitter.com/BijouxLawFirm

What to do After a Car Accident

WHAT TO DO AFTER A CAR ACCIDENT:

 

  1. CALL THE POLICE AND MAKE A DETAILED ACCIDENT REPORT.

 

-Making a police report is critical because it helps build the merits of your case, clarify the facts, and lay out the possible insurance policies available to compensate you for your injuries and damages.

-Also It allows a detailed report to be made available for your case and it is an important source of evidence.

 

  1. SEEK IMMEDIATE MEDICAL ATTENTION

-You must seek medical attention immediately if you are injured. Even if you do not feel you are injured seek medical attention immediately because you may not detect your injuries immediately after the accident. Although you may still be in shock and think you are not hurt, you may very well develop symptoms later on.

-You do not want to give the insurance defense lawyers any ammunition against you by not seeking medical treatment, and then later claiming you were injured.

-Please keep in mind you must seek medical treatment within the first 14 days of the accident to secure your $10,000 in personal injury protection benefits under your own insurance policy.

 

  1. DO NOT GIVE ANY STATEMENTS, AND TAKE PICTURES OF THE SCENE AND ALL VEHICLES INVOLVED IN THE ACCIDENT.

-Photos are an extremely important source of evidence.

– You do not want to give the insurance defense lawyers any ammunition against you by making any statement without the legal counsel of an attorney.

 

  1. IMMEDIATELY CONTACT A PERSONAL INJURY ATTORNEY

-Often times people who are victims of an accident think that they can handle a claim on their own and they for go the opportunity to adequately be advised of their legal rights. Seeking the help of a knowledgeable personal injury lawyer can help you secure the highest value for your personal injury claim.

 

For more information and help with your personal injury matter contact The Bijoux Law Firm.

CALL TOLL FREE 844-9-HANDLE (844-942-6353)

Bijoux Law Firm

110 SE 6th Street Suite 1700

Fort Lauderdale, FL 33301

Office Phone: (954) 363-0320 Ext. 9033

Fax:1-305-503-7426

Email: AttorneyBB@BijouxInjuryLaw.com

Website: www.BijouxInjuryLaw.com

Facebook: https://www.facebook.com/BijouxInjuryLaw/

Linkedin: https://www.linkedin.com/in/beatricebijoux

Twitter:https://twitter.com/BijouxLawFirm