October 5, 2022
Out of all the various phases and procedures involved in a personal injury lawsuit, being deposed is the one that tends to give injury victims the most anxiety. However, an effective, well-prepared, and thorough deposition is necessary and crucial to the success of your case. The key to relieving your anxiety over a deposition and the key to ensuring that your deposition goes smoothly are one and the same: preparation.
What are Depositions?
In layman’s terms, a deposition is simply a question-and-answer session between the attorney for the plaintiff (the person filing the lawsuit) and the attorney for the defendant (the person being sued). The deposition is conducted under oath, which means that the answers given during the deposition are considered to be legally binding. The deposition is conducted outside of court, in a conference room, or some other agreed-upon location.
The purpose of the deposition is to allow the attorneys to ask questions of the witnesses in the case and to obtain evidence that can be used at trial. The deposition is also an opportunity for the attorneys to assess the witness’s credibility and to gauge the witness’s ability to testify effectively at trial.
What Happens During a Deposition?
During a deposition, the attorneys will take turns asking the witness questions. The attorney who is not asking the questions at the time will be present in the room, along with a court reporter or stenographer, who will create a written record of the deposition. The attorney who is asking the questions will typically start by asking the witness to state their name and address for the record. The attorney will then ask the witness questions about the facts of the case.
The attorney may also ask the witness questions about their background, education, work history, and other topics that are relevant to the case. The attorney may also ask the witness to provide opinions about the case. For example, the attorney may ask the witness whether he or she believes that the defendant was negligent.
Tips on Acing Your Deposition
Get Organized
Before your deposition, you should review all of the documents related to the case, including police reports, medical records, and any other documents you have received from the attorney. You should also review any statements that you have made about the case, including statements to the police, statements to your insurance company, and statements to the attorney.
Think About the Questions That Will Be Asked
The attorney who is taking your deposition will ask you questions about the facts of the case. They will also ask you questions about your background, education, work history, and other topics that are relevant to the case. You should take some time to think about the questions that the attorney is likely to ask you.
Practice Answering the Questions
Once you have thought about the questions that the attorney is likely to ask you, you should practice answering them. You can practice by yourself or with someone else. If you practice with someone else, you should have that person ask you the questions that the attorney is likely to ask.
Be Honest
It is important that you be honest when you answer the questions during your deposition. If you are not honest, the attorney may catch you in a lie, and that could damage your case.
Listen to the Question and Take Your Time
When the attorney asks you a question during your deposition, you should listen carefully to the question. You should make sure that you understand the question before you answer it. You should also take your time in answering the question. If you do not understand the question, you can ask the attorney to repeat the question or explain it differently.
Conclusion
If you are involved in a personal injury case in Florida, it is important to know about the deposition process. A deposition is a formal interview conducted by the attorney for the other party, during which the witness is placed under oath and asked questions about the case. The answers given during a deposition can be used in court, so it is important to be honest, and to consult with an attorney beforehand.
If you want to ensure you’re not missing out on preparation for a personal injury case deposition, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us now at (904) 394-2865.
October 3, 2022
In Florida, unwed mothers and fathers have certain rights when it comes to their children. If you are an unwed parent in Florida, it is important to know what your rights are so that you can make informed decisions about your child’s future.
Why Does the Mother Get Sole Custody?
Under Florida law, the mother of a child is automatically given sole legal and physical custody of the child if the child is born out of wedlock. The father has no legal rights to the child unless he establishes paternity.
Some people believe that unmarried parents’ custody laws are unjust because the mother automatically receives sole custody after the child is born. In these situations, the father has no legal right to visit the kid, which many fathers find unfair. However, the same legislation prohibits unmarried women from requesting child support from fathers without a paternity test. As a result, if a father wants visitation rights, joint custody, or any influence over the child’s upbringing, he must take a paternity test to address the problem and move on with custody arrangements.
Unwed Parent Rights in Florida
Here are some facts that you need to know about your rights as an unwed parent in Florida:
1. You Have the Right to Establish Paternity for Your Child
If you are an unwed father, you have the right to establish paternity for your child. This can be done through a voluntary acknowledgment of paternity or through a court order. Once paternity is established, you will have the legal right to seek child support, visitation, and custody of your child.
2. You Have the Responsibility to Support Your Child
As an unwed parent in Florida, you have the legal responsibility to support your child financially. This includes providing for your child’s basic needs, such as food, shelter, clothing, and healthcare. If you are unable to support your child, you may be required to pay child support to the other parent or the state.
3. You Have the Right to Visitation with Your Child
If you are an unwed parent in Florida, you have the legal right to visitation with your child. This means that you can spend time with your child regularly and have a relationship with them. However, you do not have the right to custody of your child unless you establish paternity or obtain a court order.
4. You Have the Right to Object to the Adoption of Your Child
If you are an unwed father, you have the right to object to the adoption of your child. You can object to the adoption in writing or in court. You can also object to the adoption if you can prove that you are the child’s father and that you have been paying child support.
5. You Have the Right to Receive Child Support from the Other Parent
If you are an unwed mother, you have the right to receive child support from the other parent. You can get child support from the other parent by going to court or by asking the other parent to sign a voluntary child support agreement.
Conclusion
It is important to know your rights as an unwed parent in Florida. If you are not married to the child’s other parent, you may not have the same legal rights as a married parent would have. However, you can take steps to protect your rights and ensure that you are able to play an active role in your child’s life.
If you want to ensure you’re not missing out on your rights as an unwed parent, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us now at (904) 394-2865.
September 23, 2022
Equitable division does not necessarily mean that each spouse will receive an equal share of the assets. Instead, the court will consider a number of factors when dividing marital property, including each spouse’s contributions to the marriage, the length of the marriage, and the financial circumstances of each spouse.
If you are going through a divorce and are concerned about how your marital property will be divided, you should speak to an experienced Florida divorce attorney. Your attorney can help you understand the equitable division process and can advocate for you during negotiations or in court.
To give you a better understanding of how marital property division works, here is everything you need to know.
What Counts as Marital Property?
In Florida, all assets and debts acquired during the marriage are considered marital property. This includes assets and debts acquired before the marriage, but it only applies to the increase in value of those assets and debts. For example, if you owned a home before getting married, and the home’s value increased during the marriage, that increase in value would be considered marital property.
However, if you owned a home before getting married, and the home’s value decreased during the marriage, that decrease in value would not be considered marital property.
Here are some assets that count as marital property:
- Stocks, bonds, and mutual funds
- Property
- Bank accounts
- Real estate
- Automobiles
- Retirement accounts
- IRAs
- Investments
- Businesses
- Income
- Artwork and other collectible items
- Antiques
What Counts as Separate Property?
As we touched upon, an item is considered to be marital property when two people are married and they purchase an item together. This means that if the two people were to get divorced, the item would be divided equally between them.
Conversely, if one person were to purchase an item with their own money and or before the marriage, then the item would be considered to be their separate property and would not be divided in the event of a divorce.
Here are some assets that could count as separate property:
- Income from separate property
- Separate assets and debts defined in a prenuptial agreement
- Items purchased with or exchanged for separate property
How Is Marital Property Divided?
In Florida, the court will consider a number of factors when dividing marital property, including each spouse’s contributions to the marriage, the length of the marriage, and the financial circumstances of each spouse.
The court will also look at the nature and value of the assets and debts being divided. Generally, the court will try to divide the assets and debts in a way that is fair and equitable to both spouses. However, this does not always mean that each spouse will receive an equal share.
Can I Dispute the Division of Marital Property?
Yes, you can dispute the division of marital property. However, the court will not necessarily change its decision just because you do not agree with it. The court will only change its decision if it finds that the division is not fair and equitable.
Conclusion
The division of marital property can be a complicated process. If you are going through a divorce and have questions about how your property will be divided, you should speak with an experienced family law attorney.
For more resources on a division of marital property, Dorsey Law JAX can help. We provide family law services, covering everything you need to know to build a case. Get in touch with us today to learn more.
