Frequently Asked Questions
- Personal injury
- When should I involve a lawyer?
- How much will it cost to hire an attorney?
- When will I actually get to meet with my lawyer at Aloia & Roland, LLP?
- What do I do if I have been in an auto accident?
- Why is my insurance company paying when I didn't cause the accident?
- How much is my case worth?
- Litigation
- How does a civil lawsuit start and what happens next?
- How do I find a good commercial litigator?
- Real estate
- What are the restrictions on property owners?
- Is there more than one form of real estate ownership?
- Family law
- What are the grounds for divorce in Florida?
- How much does child support cost?
If you do not see your question listed here, contact Aloia & Roland LLP. We are here to help you.
Personal injury
When should I involve a lawyer?
Call a lawyer as soon as possible after your injury. The insurance company will begin investigating your case and pushing you to resolve it quickly and cheaply (for them). Insurance companies are not on your side, but an experienced personal injury attorney can safeguard your rights throughout your recovery process.
How much will it cost to hire an attorney?
With Aloia & Roland LLP, you receive a free initial consultation when beginning your personal injury lawsuit. If we take your case, you pay us nothing unless a recovery is made for you. This is called a contingency fee.
When will I actually get to meet with my lawyer at Aloia & Roland, LLP?
You meet directly with your lawyer at the very first consultation. In most cases, there is no time to waste and Aloia & Roland, LLP believes that it is very important to meet personally with your lawyer on day one.
What do I do if I have been in an auto accident?
Being involved in a car accident can be scary. It is important to know what to do.
- Call the police and, if necessary, seek medical attention. Any injuries you sustain could be obvious, but others may not fully manifest until after you have left the scene of the accident.
- Get information from everyone involved. Exchange insurance information with the other drivers in the accident, including car make and model, license plate number, and insurance card data. Also, make note of any witnesses' names and stories.
- Talk to the other people involved in the accident to find out what happened.
- Take pictures. Make sure you capture the damage to your own car as well as the other cars. It is also a good idea to write down your version of events including the date, time of day, location, and weather conditions, so that your memories of the event remain fresh and accurate.
- Do not sign anything or give a recorded statement to the other driver's insurance company. Insurance companies look to settle claims quickly and pay out as little money as possible.
- Contact Aloia & Roland LLP. Get us involved early. We make sure that your rights are protected throughout the entire process.
Why is my insurance company paying when I didn't cause the accident?
Under Florida law, your own auto insurance is required to pay Personal Injury Protection benefits (PIP) even when the accident was caused 100% by the actions of another driver. While this may seem odd or unfair, this is what is known as "No Fault" insurance. Regardless of fault, the typical policy will require your insurance to pay 80% of a your medical bills and 60% of your lost wages, up to $10,000.
How much is my case worth?
Every case is unique and there is no magic formula to determine the value of any case. However, all past and future damages will be considered including medical bills, wages, and pain and suffering. The type of accident, and all liability factors, will also play a major role in determining what the case is worth. Once all of the evidence is gathered, the attorneys at Aloia & Roland, LLP can make an informed estimate of the total value of your case.
Litigation
How does a civil lawsuit start and what happens next?
First, your attorney must file a complaint with a court, which explains the legal issue, the defendant's involvement, and the recompense sought—usually a monetary amount. The complaint is then issued to the defendant, who, in Florida, has only 20 days after the summons to respond to the complaint or the plaintiff wins. The defendant's answer admits or denies the plaintiff's claim, and includes any related counterclaim issues. Then, the lawyers begin collecting evidence and information about the claim and usually try to reach an agreement. There are many solutions to a civil lawsuit:
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How do I find a good commercial litigator?
Your commercial litigator should be effective in the courtroom, but must also be able to advise you of other alternatives to resolve your legal problem. These alternatives can save you money and minimize any potential damage to your business's reputation. An experienced commercial lawyer, such as those of Fort Myers law firm Aloia & Roland LLP, knows when the best possible outcomes result from trial, settlement, dispute resolution, or any other method.
Real estate
What are some usual restrictions on property owners?
Property owners cannot always do whatever they want with their land. Federal laws, state laws, and local laws restrict many aspects of owning and using your real estate. There are laws surrounding the following:
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Is there more than one form of real estate ownership?
In Florida, there are several forms of property ownership:
- Sole ownership- One person, usually single or unmarried, owns the property in its entirety.
- Joint tenancy- Two or more people own the property. When one co-owner dies, the property is transferred to the surviving owner or owners.
- Tenancy in the entirety- This form of joint tenancy provides for strong asset protection. It is only available to married couples.
- Tenants in common- Joint ownership in which co-owners do not have rights to the property if one co-owner dies
- Future interests- Property ownership will be released to a designated person, often a beneficiary, at a specific upcoming date or event
Family law
What are the grounds for divorce in Florida?
Divorce in Florida is also called dissolution. Florida is a no-fault state, meaning that couples do not have to cite specific instances of mistreatment in order to legally attain marriage dissolution. You are eligible for dissolution by meeting one of the following criteria:
- The marriage is irretrievably broken
- Mental incapacities of one of the parties
How much does child support cost?
Child support rulings take into account many income factors. Some of these factors are as follows:
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Failing to pay child support in Florida is strictly punished. If you fall behind in your child support payments, you must contact an experienced family law attorney. Call Lee County lawyers at Aloia & Roland LLP for help.
