FAQ’s
Here are some frequently asked questions we receive. Each case is different, you should reach out to us with any questions regarding your matter.
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Prospective adoptive parents in Florida must be at least 18 years old and can be single, married, or divorced. They must undergo a home study conducted by a licensed social worker, which includes background checks, interviews, and home visits to assess the suitability for adoption.
During a police investigation, you have the right to remain silent and the right to legal counsel. It’s advisable to exercise these rights to protect yourself, as law enforcement officers are trained to gather evidence that may be used against you.
Bail is a financial arrangement that allows a defendant to be released from custody while awaiting trial. By paying a set amount, the defendant assures the court of their intention to return for all scheduled proceedings. Failure to appear can result in forfeiture of the bail amount and additional legal consequences.
Yes, a conviction can be based on circumstantial evidence, witness testimony, or other types of evidence, even in the absence of physical evidence.
An arraignment is the initial formal proceeding in a criminal case where the defendant is informed of the charges and asked to enter a plea (guilty, not guilty, or no contest). The court may also address bail and set future court dates during this hearing.
If you’re arrested, it’s crucial to remain silent and request an attorney immediately. Avoid providing any statements to law enforcement without legal representation present, as anything you say can be used against you in court.
Felonies are serious criminal offenses, such as murder or grand theft, and carry a potential prison sentence of more than one year. Misdemeanors are less serious offenses, like petty theft or disorderly conduct, with potential sentences of less than one year in a local or county jail.
Florida courts often require mediation for family law cases, including divorce and child custody disputes, to encourage amicable resolutions and reduce the need for prolonged litigation. Mediation involves a neutral third party assisting the parties in reaching a mutually acceptable agreement.
Domestic violence in Florida includes any assault, battery, sexual assault, stalking, kidnapping, or other criminal offense resulting in physical injury or death of a family or household member by another. Victims can seek legal protection through injunctions or restraining orders.
Florida follows the principle of “equitable distribution,” meaning marital property is divided fairly but not necessarily equally. The court considers factors such as the length of the marriage, each spouse’s economic circumstances, contributions to the marriage, and any interruptions to personal careers or education.
Yes, alimony can be modified if there is a substantial change in circumstances for either party, such as a significant change in income, employment status, or financial needs. The party seeking modification must petition the court and provide evidence supporting the change.
Child support in Florida is calculated based on the Income Shares Model, which considers both parents’ incomes, the number of children, and the amount of time each parent spends with the children. Additional factors include healthcare and childcare costs.
Florida courts prioritize the child’s best interests when determining custody arrangements, referred to as “time-sharing.” Factors considered include each parent’s ability to provide for the child’s needs, the child’s relationship with each parent, and the willingness of each parent to facilitate a relationship between the child and the other parent.
To initiate a divorce in Florida, one spouse must file a Petition for Dissolution of Marriage with the local circuit court. The other spouse is then served with the petition and has an opportunity to respond. Issues such as property division, alimony, child custody, and support are addressed during the proceedings. It’s advisable to consult with a family law attorney to navigate this process effectively.
A criminal record is typically permanent; however, certain offenses may be eligible for expungement or sealing, depending on jurisdictional laws and the nature of the offense. Consulting with a criminal defense attorney can provide guidance on your specific situation.
Yes, even if you’re innocent, it’s essential to have legal representation. A criminal defense attorney can protect your rights, navigate the complexities of the legal system, and work to ensure the best possible outcome for your case.
A personal injury claim is a legal action brought by someone who has been injured because of another person’s or company’s negligence. These claims seek compensation for medical expenses, lost wages, pain and suffering, property damage, and other losses.
You may have a personal injury case if someone else’s negligence caused your injuries. The best way to determine whether you have a valid claim is to speak with an experienced personal injury attorney who can evaluate the facts of your case.
The timeframe to file a personal injury claim, known as the statute of limitations, varies by jurisdiction and the specifics of the case. It’s crucial to act quickly, as missing this deadline can bar you from seeking compensation. Consulting with an attorney will help determine the applicable timeframe for your situation.
Compensation, or damages, in a personal injury case may cover medical expenses, lost wages, property damage, pain and suffering, and other related costs. The exact amount depends on the severity of your injuries, the impact on your life, and the circumstances of the incident.
After ensuring safety and seeking medical attention, it’s important to document the scene, gather contact information from involved parties and witnesses, and report the incident to the appropriate authorities. Avoid discussing fault and consult with a personal injury attorney promptly to understand your rights and next steps.
While not every accident requires legal representation, hiring an attorney is often beneficial if you suffered serious injuries, the insurance company disputes liability, or your damages exceed your insurance coverage
Most personal injury attorneys work on a contingency fee basis, meaning you pay no attorney’s fees unless compensation is recovered on your behalf.
Negligence occurs when a person or business fails to exercise reasonable care, resulting in injury to someone else. Proving negligence is essential in most personal injury cases.
Florida follows a modified comparative negligence system. Depending on the circumstances, you may still be able to recover compensation even if you were partially responsible for the accident, although your recovery may be reduced by your percentage of fault.
Every case is different. Some claims settle within a few months, while more complex cases involving severe injuries or litigation may take a year or longer.
Many personal injury claims settle through negotiations with the insurance company. However, if a fair settlement cannot be reached, your attorney may recommend filing a lawsuit and taking the case to trial
Pain and suffering compensation depends on factors such as the severity of your injuries, the impact on your daily life, recovery time, permanent disabilities, and emotional distress.
Never accept a settlement without understanding its value. Insurance companies often make early offers that may not fully compensate you for your injuries or future medical expenses.
Personal injury law covers many types of accidents, including car accidents, truck accidents, motorcycle accidents, slip and falls, dog bites, boating accidents, bicycle accidents, pedestrian accidents, workplace injuries involving third parties, medical malpractice, and wrongful death claims.
Yes. If your injuries require ongoing treatment, surgeries, rehabilitation, or future medical care, those anticipated expenses may be included in your claim
Depending on your insurance coverage, you may have options such as pursuing uninsured or underinsured motorist benefits or identifying other potentially liable parties.
Important evidence may include accident reports, photographs, surveillance footage, witness statements, medical records, expert opinions, and documentation of lost wages and other damages.
Yes. Emotional distress, anxiety, PTSD, depression, and other psychological effects may be considered as part of your damages depending on the facts of your case.
Property owners have a duty to maintain reasonably safe premises. If their negligence caused your fall, you may have grounds for a premises liability claim.
Yes. Some injuries, such as whiplash, traumatic brain injuries, or soft tissue injuries, may not become apparent immediately. Seek medical attention as soon as symptoms develop and consult an attorney promptly.
You should be cautious when speaking with an insurance adjuster. Statements made early in the claims process may be used to reduce or deny your claim. Many accident victims choose to have their attorney communicate with the insurance company on their behalf.
Yes. Some injuries, such as whiplash, traumatic brain injuries, or soft tissue injuries, may not become apparent immediately. Seek medical attention as soon as symptoms develop and consult an attorney promptly.
Determining fault involves investigating the incident, gathering evidence, and applying relevant laws to establish negligence or liability. This process may include reviewing police reports, medical records, witness statements, and expert testimonies. An experienced attorney can guide you through this complex process to build a strong case.
If the responsible party is uninsured or underinsured, you may still have options to recover compensation. This could involve filing a claim with your own insurance company under uninsured/underinsured motorist coverage or exploring other legal avenues. An attorney can assess your case and advise on the best course of action.
Stone Law is committed to providing experienced legal representation, personalized attention, and aggressive advocacy for injury victims throughout Florida’s Treasure Coast. Our attorneys fight to protect our clients’ rights and pursue the maximum compensation available under the law.
