How is the attorney’s fee determined in an eminent domain case? The attorney’s fees are set by Florida Statute 73.092. This statute states that the attorney’s fee is determined by the benefit obtained for the client and is based on the difference between the final judgment or settlement and the last written offer made by the condemning authority before the defendant hires an attorney. Specifically, the attorney fee is thirty-three percent of any benefit up to $250,000; plus twenty-five percent of any portion of the benefit between $250,000 and $1 million; plus twenty percent of a portion of the benefit exceeding $1 million.
This attorney’s fee does not come out of your recovery. It is paid by the condemning authority which is usually FDOT. The important thing to remember is that the fee is separate from your right to receive full compensation for your property and will not diminish your settlement proceeds.
Eminent Domain. Did you know that the land you own is subject to the superior right of ownership by the government? We like to think that the land we own is ours and ours only but that is not the case. The state owns the land first, and we own our land second. This means that should the state decide that they want our property they can take it…but, of course, the state must pay full compensation for taking our property.
Florida Statutes Chapter 74 also known as the quick taking statute, is the most common statute used by the government to exercise the power of eminent domain. Why is it called the quick taking statute? Because the government can take land by depositing a good faith estimate of the value of the property taken and get a quick court order which transfers the title of the property from the individual to the government. This statute is frequently used because it is a quick taking of your property, and allows the condemning authority to begin their building project promptly.
For most months out of the year, Floridians are blessed with warm, tropical weather and winters that rarely ever see snow. However, as many Florida natives are aware, dropping temperatures can lead to many changes in the weather that may affect the ability for drivers to commute safely on the roads. Every once in a while, some areas of Florida (like north and central Florida) may experience weather conditions cold enough to cause icy roads and hail storms. Both of these are dangerous elements for drivers to face on the road, as they can cause the vehicle to lose traction and potentially cause an accident. When facing a particularly cold winter in Florida, it’s essential to stay cautious while driving on the roads. Below are a few tips to keep your commutes during the cold season as safe as possible: Continue reading “Avoiding Icy Road Accidents”
There are numerous legal situations in which a person may receive a large sum of money through a court award or settlement. Often arising as compensation for personal injuries or other acts, most such payouts are reduced due to some or all of the following costs often associated with legal action: Continue reading “Structured Settlement May Offer Tax Breaks and Other Benefits”
Consolidating Similar Claims in a Class Action
A “class action” is a lawsuit brought by a representative plaintiff on behalf of a class of persons with similar claims. The class and the lawsuit must be certified by a judge as appropriate for class action treatment. If the case is certified, the lawsuit may proceed to resolve issues common to all class members. In general, notice of the lawsuit is mailed to all potential class members and, unless they “opt out,” all who fit within the class definition are automatically part of the lawsuit. Continue reading “Consolidating Similar Claims in a Class Action”
Protection Against Elder Abuse
In general, the broad term “elder abuse” is used to encompass several forms of misconduct directed toward individuals aged 60 or older. Elder abuse is considered to be a serious problem in the United States by the Administration on Aging (AoA) of the U.S. Department of Health & Human Services. The AoA reports that, each year, hundreds of thousands of older persons are abused, neglected and exploited. In most cases, perpetrators of elder abuse were found to be family members of the victim. Continue reading “Protection Against Elder Abuse”
Tort Liability for Minors
In most states, the age of majority (when a person is recognized by law as an adult), is 18 years of age or older. A “minor” is a person who is under the age of 18. When a minor breaks the law or causes damage or injury to another person, an animal or property, the minor’s parents may bear the liability. Many state statutes authorize courts to hold parents financially responsible for the damages caused by their minor children. Some states may even hold parents criminally liable for failing to supervise a child whom they know to be delinquent. Continue reading “Tort Liability for Minors”
X-rays, mammograms, and many other types of exams or pathology studies have written reports that can be understood by you, the patient, a non-medical person. You can and should read the report prepared by the radiologist or the pathologist. Call your doctor after you have had an X-ray or a lab test done to be sure that you know the results. Get a copy of the written report. Don’t let the doctor’s office put you off by saying things like, “If there is a problem with the X-ray (lab results, or whatever the test is), we will call you.” Continue reading “Get The Results Of Your Medical Tests”
When our forefathers penned the Declaration of Independence, they pledged their lives, their fortunes and their sacred honor to is implementation. Lawyers, especially trial lawyers, have their lives their fortunes and their sacred honor involved in their practice of law. Continue reading “Bless The Lawyers”