Southwest Florida Injury Lawyer Blog

Florida Court Discusses Grounds for Extending Child Support Obligations

Published on: August 11, 2020 | Lusk, Drasites & Tolisano, P.A.

Typically, when a party is ordered to pay child support, the obligation lasts until the child receiving the support turns eighteen. In some instances, however, the obligation can extend past the age of majority. Recently, a Florida court discussed the grounds for extending a support obligation in a case in which the plaintiff sought support from her father due to her disabilities. If you are a Florida resident dealing with a dispute over child support obligations, it is advisable to consult a knowledgeable Florida family law attorney to discuss what steps you can take to fight to protect your rights.

Facts of the Case

It is reported that the plaintiff, who was twenty-seven years old, filed a petition seeking child support from her father. The plaintiff had Down Syndrome, which prevented her from obtaining and maintaining gainful employment. When her parents divorced, her father was ordered to pay child support until the plaintiff turned eighteen, but since that time, she relied on her mother for financial support.

Allegedly, the defendant moved to dismiss the plaintiff’s petition, arguing that the court lacked jurisdiction over the matter. He further alleged that there was no provision in the order dissolving his marriage that allowed the plaintiff to seek support, and no continued support was sought while the plaintiff was a minor. The trial court granted the defendant’s motion. The plaintiff filed a motion for reconsideration, which was denied. She then appealed.

Florida Court Discusses Cruise Ship Liability for Slip and Fall Accident

Published on: August 7, 2020 | Lusk, Drasites & Tolisano, P.A.

Many people throughout Florida enjoy vacationing on cruise ships, and while cruises are generally safe, if the common areas of the ship are not properly maintained, it can lead to dangerous conditions that cause people to fall and sustain injuries. Fortunately, a person injured in an accident on a cruise ship may be able to recover damages under certain circumstances, as discussed in a recent Florida case. If you were injured while on vacation or in an accident on someone else’s property, it is prudent to speak to a trusted Florida personal injury attorney to discuss what evidence you must produce to recover compensation.

Factual History of the Case

It is reported that while the plaintiff was traveling as a passenger on a cruise ship owned by the defendant, she slipped and fell on a wet substance that was on the floor of a bathroom. She suffered knee injuries in the fall. She subsequently filed a lawsuit against the defendant, arguing it negligently permitted liquid to remain on the floor in the area where she fell. Following the close of discovery, the defendant moved for summary judgment, arguing that no reasonable jury could find that the defendant had actual or constructive notice of the condition prior to the plaintiff’s fall.

Allegedly, the plaintiff opposed the motion, arguing that the defendant should have been aware of the condition because the liquid was on the floor for a long time, there were similar incidents involving bathroom floors that were wet due to clogged toilets, and the defendant failed to inspect the bathroom regularly pursuant to its own policy. After reviewing the evidence, the court granted the defendant’s motion.

How to Protect Your Finances After a Dementia Diagnosis

Published on: September 25, 2019 | Lusk, Drasites & Tolisano, P.A.

People with dementia often lose their money management skills. Unfortunately, this often means that they become victims of scams or otherwise lose their hard-earned retirement money. If you or a loved one has recently been diagnosed with early dementia, we recommend you consult with an elder law attorney.

Our Florida attorneys hope to empower you by showing what you need to beware of and how to protect yourself financially from the effects of dementia. You can still accomplish a lot in the early stages of this disease.

One of the biggest issues with a dementia diagnosis is that it shifts the focus of your retirement plans. Instead of being able to retire at an age that would allow you to draw maximum Social Security, you may be forced to quit your job. Other dangers to your financial security include forgetting to pay your bills or falling victim to scams. While it may be difficult to think about, much less plan for, you’ll need to start thinking seriously about how you’re going to protect yourself once you slip further into dementia.

How to Make Sure Your Will Holds Up in Court

Published on: September 25, 2019 | Lusk, Drasites & Tolisano, P.A.

Emotions run high after people pass away, which is why it’s important that you leave behind an ironclad will that can stand up in court. Well-meaning, but dissatisfied, family members can challenge a will if there are any inconsistencies or loopholes. You want your will and testament to be strong enough that it can’t be contested. That way, you can have peace of mind knowing that your assets will be distributed how you see fit. Keep reading to learn how an elder law attorney can help you make an ironclad will.

Don’t Wait to Write Your Will

While Hollywood shows people writing their last will and testament on their deathbed, you’ll want to come to our office a lot sooner than that. A last will should be written while you are in good mental health and in the presence of an attorney. It’s a misconception that only elderly people have a will: in fact, people of all ages should look into putting one in place. If you are elderly, make sure you hire an attorney with experience in elder law. Estate planning attorneys know how to recognize potential loopholes or inconsistencies before they lead to legal issues.

How New Motorcycle Riders Can Avoid Accidents

Published on: September 25, 2019 | Lusk, Drasites & Tolisano, P.A.

Motorcyclists have little in the way of protection in the event of a motor vehicle collision. This is why it’s important to make sure to take all the precautions you can to avoid motorcycle collisions and serious personal injury. If you or a loved one has been injured in an accident involving a motorcycle, we recommend that you contact an experienced motorcycle accident attorney as soon as possible.

Below, you will find some of our tips for how new motorcycle riders can avoid getting in accidents in the first place.

Don’t Engage in Lane Splitting

Do I Need to Wear a Motorcycle Helmet?

Published on: September 25, 2019 | Lusk, Drasites & Tolisano, P.A.

Although riding your motorcycle without a helmet is dangerous, many motorists prefer the look and feel of helmet-free riding. In the state of Florida, you can opt to ride a motorcycle without a helmet if you meet certain requirements.

If you’re a motorcycle rider, here are the things our motorcycle accident attorneys want you to know about choosing to wear your helmet in the state of Florida.

Why Don’t You Need to Wear a Helmet in Florida?

What to Do if Your Teenager is Arrested

Published on: June 24, 2019 | Lusk, Drasites & Tolisano, P.A.

A parent’s worst fear is getting that phone call in the middle of the night, notifying you that your teenager has been arrested. Unfortunately, there are circumstances in which this is a possibility.

Our defense attorneys will do everything in their power to ensure that your child receives a fair trial and the best possible outcome. Whether your child is tried as a juvenile or an adult, our lawyers can help.

Here are our tips for what to do if your teenager is arrested.

What Should You Do If You Are Pulled Over For DUI?

Published on: June 24, 2019 | Lusk, Drasites & Tolisano, P.A.

One mistake shouldn’t rule the rest of your life. But that’s exactly what can happen if you’re convicted of operating a vehicle under the influence (OWI). Having an OWI on your record can make it difficult to find employment, housing, or affordable auto insurance. A driver’s license suspension can also last up to 6 months or even several years!

Here’s what you should do if you’re pulled over on suspicion of drunk driving.

Don’t Panic

What Does Contempt of Court Mean During Divorce?

Published on: June 24, 2019 | Lusk, Drasites & Tolisano, P.A.

During or after the divorce process, you may be given court orders. It’s important that you comply with these orders as soon as possible. Otherwise, you could be held in contempt of court.

Whether you have been held in contempt or need help with filing a contempt citation, you can trust our divorce attorneys for sound legal advice.

Here’s what contempt of court means during or after getting a divorce.

What Documents Do I Need for Estate Planning?

Published on: June 24, 2019 | Lusk, Drasites & Tolisano, P.A.

Have questions about estate planning? Keep reading to learn how an elder law attorney can help you make a will and other legal documents to protect you and your family. While we understand our clients don’t like to confront their own mortality, it’s important to make your estate plan while you are of sound mind. Many of the documents you’ll create with your estate planning attorney will also protect you in the event you are incapacitated and unable to make decisions for your own finances & health care.

How to Start Estate Planning

Your first step should be to hire an experienced estate attorney. Their knowledge of elder law will help you create legal documents that will stand up in court. For example, an attorney can help you avoid inconsistencies or loopholes that could lead family members to challenge your last will and testament.