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West Palm Beach Legal Blog

Actions that may show bad faith in denial of an insurance claim

After an accident or other stressful event, a Florida resident may take comfort in knowing that they have insurance to help them recover from the harm that they suffered. After submitting their paperwork for their insurance claim, they may discover that their request was denied. While not all insurance claims are valid and compensable, those that are and that are denied may have been subject to bad faith practices by insurers.

Bad faith insurance practices happen when claims that should have been paid are not and the reasons for not paying them are unreasonable. Those who have experienced this difficult situation should know that they have rights. Individuals who are struggling with this frustrating and costly form of legal trouble may want to contact legal professionals who practice this specific form of law for detailed assistance on their unique cases.

Legal help during Florida residential real estate disputes

One of the biggest purchases that a West Palm Beach resident may ever make is a home. A residential property, whether it is a condo or large single family residence, can cost hundreds of thousands of dollars or even more to make it someone's own. When it comes to putting down or financing that much money in order to secure the rights to buy a property, a person may want to do whatever they can to ensure that the process will occur without problems.

There are many ways that problems can be introduced into the residential real estate purchase process. If a person decides to buy an existing home, they may face issues when negotiating a contract with the home's seller. If they elect to buy new construction, they will have to negotiate with a builder or other entity that manages the building of their new home. It can be helpful for a prospective home buyer to have a relationship established with a trusted real estate attorney in place before they decide to make an offer on a property.

What is unfair competition?

In athletics different sports organizations have in place protocols to ensure that individual athletes and teams do not reap unfair benefits through the use of banned substances, equipment that does not meet regulations, and other deceptive practices. For example, the U.S. Anti-Doping Agency tests athletes from a variety of fields to ensure that they are keeping their sports free and clear of illegal drugs and performance enhancing substances.

These organizations have their protocols in place to make sure that sports are competed on fair playing fields and without allowing some to benefit to the detriment of others. In business, similar protocols are set up in Florida state and federal law to make sure that some corporate entities cannot act illegally to harm other businesses or even consumers.

Drunk drivers cause accidents and fatalities in Florida

A drunk driving accident can result in significant damage and hardship in the life of a victim. That individual may have to suffer through years of recovery in order to mend their injuries and overcome their fears of being involved in a life-altering crash. For others, surviving a drunk driving accident may not be a guarantee. Fatalities from drunk driving crashes in Florida are both devastating and common.

According to data collected by the Centers for Disease Control and Prevention, nearly 8,500 people died in drunk driving accidents in Florida between 2003 and 2012. That means that around 850 people lost their lives to drunk drivers in each of the noted years or more than two people per day perished in alcohol-related crashes over the 10-year period.

Can a business be a nuisance if it is properly zoned?

Zoning is the area of local law that establishes where certain types of businesses may be built and operated. For example, Floridians may visit commercially zoned areas of town when they wish to shop at the grocery store or fill their vehicles up with gas. When they leave, they may drive back to the residential zones where their homes are located.

Communities use zoning to keep similarly-operated buildings close to each other and to prevent nuisances from bothering others that operate with different schedules and needs. For example, if an all-night dance club opened in the middle of a quiet suburban neighborhood the individuals who lived in the area may find the noise and traffic brought to their streets to be disruptive and dangerous.

Take proactive steps when it comes to your company and lawsuits

Lawsuits are almost an inevitability when individuals start a business. Numerous factors could result in a client, customer, partner, another business or other person or entity becoming disgruntled with your business in such a way that it may take litigation to settle. While you should certainly look forward to business growth and successes, you should also keep the potential for conflicts in mind.

Rather than just sitting back and waiting for someone to file a lawsuit against your company, you may want to take a proactive approach, work to lessen the likelihood of claims and protect your interests in the event that a lawsuit does come against your company.

Understanding the process of a business lawsuit

In the eyes of the law, a business is considered a person and therefore, can be sued by other corporate and private entities. In West Palm Beach, a business owner can be well-prepared for possible litigation by developing a general understanding of what a lawsuit is and how it proceeds through the courts. This post is offered to help readers understand the business lawsuit process, but is not legal advice.

A lawsuit against a business begins when a person or other entity files a complaint alleging that the business breached some duty and caused harm. The business must receive notice of the complaint, and generally, that notice will be directed to a director or other ranking employee of the entity.

What constitutes a hit-and-run car accident?

When vehicles collide on Florida roads, it is customary for the drivers of the involved automobiles to speak after their accident. During their interaction, they often exchange important information, such as their names, addresses and phone numbers. They may also exchange information related to their vehicle insurers, as well as the name of any passengers who were present in their vehicles. When serious accidents occur these formalities are skipped as injured victims are rushed to hospitals for treatment and care.

However, when an accident happens and a victim does not have the opportunity to even see the driver of the other car, that accident may be classified as a hit-and-run. A hit-and-run car accident happens when a driver is involved in a crash and elects to not stop to help others or to exchange information with other parties. In Florida, criminal charges may be filed against drivers who cause hit-and-run accidents.

Important elements of a residential real estate contract

Buying a home is a big step for any Florida resident to take, so when the time comes to begin working out the purchase details of the property a buyer should do their homework to avoid future real estate contract disputes. There are a number of elements that must be present in a residential real estate contract, but readers of this post are reminded that its contents are not exhaustive. Individuals are strongly encouraged to speak with their trusted real estate attorneys about their pending real estate purchases and contracts to protect their rights.

First, any contract for the sale of property must be in writing. While oral contracts are permissible in other contexts, the statute of frauds prevents property sales to be executed in such a way. This is to ensure that buyers get what they intended to purchase, and so that fraud may be reduced in the sale of real estate.

Florida's real estate disclosure rules

As is the case in other parts of the country, our state abandoned the traditional principle, "let the buyer beware" when buying and selling single-family homes. Instead, a seller in West Palm Beach has a general obligation to disclose certain property defects to a buyer.

Specifically, while a seller does not need to tell a buyer about something they already know, sellers must disclose a defects that are not open and obvious to a buyer. But, the defect also has to have some bearing on the property's overall value. Finally, the seller must know about the defect.


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