Crary Buchanan

Revocable vs. Irrevocable Trust: What’s the Difference?

Mon, 22 Dec 2025 10:41:08 GMT

Planning for the future is important, no matter your age or income. One of the best ways to protect your assets and make sure your family is cared for is by creating a trust. But when people start looking into trust options, they often ask the same question: What is the difference between a revocable trust and an irrevocable trust? Understanding irrevocable vs revocable trust options can help you make smart decisions about your estate plan.

In this guide, we break down both types of trusts in a simple, easy-to-understand way. You’ll learn how each trust works, what benefits they offer, and if one or both are right for you.

What Is a Revocable Trust?

A revocable trust also called a “living trust” is a trust you can change or cancel at any time during your life. As the person who creates the trust (the “grantor”), you stay in full control of the assets you place inside it. You can add or remove property, update the rules, or even dissolve the trust completely.

Key Features of a Revocable Trust:

You stay in control. You act as your own trustee, managing the assets however you want.
Flexible and easy to update. You can change beneficiaries or instructions.
Avoids probate. After your death, your assets pass to your beneficiaries without going through probate court.
No major tax benefits. Because you control the trust, the IRS still treats the assets as yours.

When a Revocable Trust Is a Good Choice

A revocable trust is a popular choice for people who want to:

Keep control of their property while they are alive
Avoid probate for their family
Plan ahead without losing flexibility
Have a simple way to manage assets if they become ill or unable to make decisions

If you want freedom and control, a revocable trust is often the right fit.

What Is an Irrevocable Trust?

An irrevocable trust operates very differently. Once established, it is generally set in stone; you typically cannot alter or revoke it without specific legal mechanisms in place. By transferring assets into this type of trust, you are effectively giving up your direct control over them in exchange for the trust’s specific protections.

While this may sound strict, there are important advantages, especially for asset protection and reducing taxes.

Key Features of an Irrevocable Trust:

Assets are no longer yours. The trust not you owns the property.
Strong asset protection. Creditors and lawsuits cannot easily reach the assets.
Potential tax benefits. Since you no longer control the assets, they may be removed from your taxable estate.

Designed for permanence, yet built to evolve. Once created, trust modification is limited, but the trust can remain flexible through the use of independent fiduciaries or the appointment of trust protector positions. These positions have the ability to make necessary updates or changes to a modern irrevocable trust.

When an Irrevocable Trust Is a Good Choice

An irrevocable trust is often ideal if you want to:

Protect assets from creditors or lawsuits
Reduce estate taxes
Plan ahead for long-term care and Medicaid
Leave money for loved ones while limiting how it can be spent
Protect life insurance proceeds and large assets

Many high-net-worth individuals use irrevocable trusts, but they can also help families who want to protect what they’ve worked hard for.

Revocable vs. Irrevocable Trust: The Main Differences

When comparing irrevocable vs revocable trust options, the biggest difference is control. A revocable trust gives you full control, while an irrevocable trust requires you to give up ownership.

Here’s a simple breakdown:

If you want flexibility, choose a revocable trust. If you want strong protection or tax benefits, an irrevocable trust may be better.

Why Avoiding Probate Matters

Both trust types help your loved ones avoid probate, which is the legal process of proving a will in court. Probate can take months and sometimes costs thousands of dollars. With a trust, assets transfer smoothly and privately to the beneficiaries.

For many families, this alone makes a trust worth setting up.

Tax Differences Between Revocable and Irrevocable Trusts

The tax treatment is one of the biggest differences between a revocable trust and an irrevocable trust.

Revocable Trust Taxes

Because you still control the trust, the IRS treats the assets as your property.

You pay income taxes normally.
The assets are included in your taxable estate when you pass away.

Irrevocable Trust Taxes

If the trust is set up correctly, assets inside an irrevocable trust may be:

Removed from your taxable estate
Protected from estate taxes
Shielded from certain income taxes, depending on how the trust is structured

This is why irrevocable trusts are often used as part of advanced estate planning.

Which Trust Protects Your Assets Better?

If asset protection is important to you, an irrevocable trust is usually the better choice. Because you no longer own the assets, they are generally protected from:

Creditors
Lawsuits
Certain medical or long-term care expenses

A revocable trust does not offer the same level of protection. Since you still own the assets, they can be reached by creditors or used to pay debts.

How to Choose the Best Trust for Your Needs

Choosing between a revocable and irrevocable trust depends on your goals. Ask yourself the following questions:

1. Do you want to stay in control?

If yes, a revocable trust is the better option.

2. Do you want to protect your assets?

If yes, an irrevocable trust offers stronger protection.

3. Are you concerned about estate taxes?

If you have a large estate, an irrevocable trust may reduce your tax burden.

4. Do you want to plan for long-term care or Medicaid?

Irrevocable trusts can help you qualify for benefits without spending down all your assets.

5. Do you want flexibility?

A revocable trust allows updates as your life changes marriage, divorce, new children, or new assets.

The best way to decide is to speak with an experienced estate planning lawyer who can look at your full financial picture.

Common Mistakes to Avoid

When setting up a trust , many people make simple mistakes that can cause problems later. Here are a few things to watch out for:

Not funding the trust. A trust only works if you move assets into it.
Forgetting to update the trust. Life changes should be reflected in your trust documents.
Choosing the wrong trustee. Pick someone reliable and responsible.
Trying to use a revocable trust for asset protection. It won’t work—creditors can still reach the assets.

A lawyer can help you avoid these mistakes and set up the trust correctly.

Final Thoughts

Understanding irrevocable vs revocable trust options is an important step in planning your future. Both trusts offer unique benefits, and the right choice depends on your goals whether it’s flexibility, protection, privacy, or tax planning.

If you want to make sure your trust is set up the right way, speak with an experienced estate planning attorney.

Contact Crary Buchanan today to get personalized guidance on the best trust for your estate plan .

FAQs About Revocable and Irrevocable Trusts

T-Bone Car Accidents: What You Need to Know and How Crary Buchanan Can Help

Mon, 01 Dec 2025 04:41:22 GMT

T-bone car accidents are some of the most dangerous crashes on the road. They happen when the front of one car hits the side of another, forming a “T” shape. This type of crash is also called a T bone accident, t boned accident, or t bone motor vehicle accident. Because the side of a car has less protection than the front or back, these accidents often lead to serious injuries.

If you or someone you love has been hurt in a T-bone crash, it’s important to understand what causes these accidents, what your legal rights are, and how an experienced t-bone car accident lawyer at Crary Buchanan can help you get justice.

What Is a T-Bone Car Accident?

A T-bone car accident happens when one driver crashes into the side of another vehicle. These collisions often take place at intersections, parking lots, and areas where drivers must cross traffic. The sides of cars do not have large crumple zones, so passengers are at higher risk of injury.

Common injuries in a t boned accident include:

Neck and back injuries
Broken bones
Head injuries
Internal organ damage
Cuts and bruises
Spinal cord injuries

Even at low speeds, a T-bone crash can be life-changing. Many victims need long-term medical care, and some are unable to return to work for months.

Common Causes of T-Bone Accidents

Most T-bone accidents happen because one driver fails to follow traffic laws. Some of the most common causes include:

1. Running Red Lights or Stop Signs

Drivers who ignore traffic signals often crash into cars that are legally crossing an intersection.

2. Speeding

Speeding reduces a driver’s reaction time. When a car is speeding and another vehicle enters an intersection, a T-bone collision can happen instantly.

3. Distracted Driving

Texting, eating, using GPS, or adjusting the radio can cause a driver to miss traffic signals or fail to see another car.

4. Drunk or Drugged Driving

Impaired drivers have slower reaction times and poor judgment, making intersections especially dangerous.

5. Failing to Yield

Drivers must yield when entering a road or turning left. When they do not, a T bone motor vehicle accident can occur.

6. Poor Weather Conditions

Rain, fog, and slippery roads make it harder to see or stop in time.

7. Faulty Vehicle Parts

Broken brakes, failing sensors, or steering problems can cause a driver to lose control.

Understanding what caused your crash is the first step in proving fault and getting compensation.

Who Is at Fault in a T-Bone Accident?

Determining fault in a T bone accident can be complicated. In many cases, one driver clearly broke a traffic rule. However, insurance companies often try to blame the victim to avoid paying.

Some parties that may be responsible include:

The driver who ran a red light or stop sign
A drunk or distracted driver
A driver who failed to yield
A vehicle manufacturer (if a defective part caused the crash)
A city or county (if poor road construction contributed to the accident)

An experienced t bone car accident lawyer investigates the scene, talks to witnesses, collects proof, and builds a strong case.

Why T-Bone Accidents Are So Dangerous

Side-impact crashes are especially harmful because:

There is less space between the passenger and the point of impact
Airbags may not always deploy
The side of a car cannot absorb force as well as the front or back
Crashes often happen at intersections where speeds are higher

Victims may suffer life-changing injuries, especially if the impact occurred on the driver’s or passenger’s side.

What Compensation Can You Recover After a T-Bone Accident?

If you were injured in a t boned accident, you may be able to recover compensation for:

Medical bills
Hospital and surgery costs
Physical therapy
Lost wages
Pain and suffering
Property damage
Long-term disability
Emotional distress
Loss of enjoyment of life

Crary Buchanan fights for the full amount you deserve not just what the insurance company wants to offer.

How Crary Buchanan Can Help

Crary Buchanan has been serving Floridians for more than 95 years. Our experienced legal team understands how stressful a T bone accident can be. We support you every step of the way.

Here is how our T-bone car accident lawyers help you:

1. Free Consultation

We listen to your story, review your injuries, and explain your legal options.

2. Full Investigation

We gather police reports, video footage, witness statements, and accident reconstruction evidence.

3. Handling Insurance Companies

Insurance companies often delay, deny, or undervalue claims . We deal with them so you don’t have to.

4. Proving Fault

We build a strong case showing who caused the crash and how it affected your life.

5. Negotiating a Fair Settlement

Our lawyers work to get you the highest settlement possible.

6. Taking Your Case to Court When Needed

If the insurance company won’t play fair, we are ready to fight for you in court.

7. No Upfront Fees

You don’t pay unless we win your case.

When you choose Crary Buchanan, you get respected attorneys who know how to win tough accident cases.

Steps to Take After a T-Bone Accident

If you are ever involved in a T bone motor vehicle accident, here are important steps to follow:

1. Call 911

Get medical help and make sure a police report is filed.

2. Take Photos

Capture pictures of the damage, intersection, traffic lights, and injuries.

3. Exchange Information

Get the other driver’s name, license number, insurance information, and license plate.

4. Get Medical Attention

Even if you feel fine, some injuries appear later.

5. Avoid Talking About Fault

Do not admit blame, and do not give detailed statements to insurance companies.

6. Call Crary Buchanan

Speaking with a t bone car accident lawyer quickly can protect your rights.

Why You Should Not Handle a T-Bone Accident Claim Alone

After a serious t-boned accident, many victims think they can deal with insurance themselves. Sadly, insurance companies often take advantage of people who don’t have legal help.

You may face:

Low settlement offers
Delays in processing your claim
Claims that your injuries are not serious
Blame shifting to make you look at fault

A skilled lawyer ensures you are treated fairly and receive the compensation you deserve.

If you were injured in a T-bone accident, contact Crary Buchanan today for a free case review.

FAQs About T-Bone Car Accident

How to Find the Best Personal Injury Lawyer for Your Case

Mon, 17 Nov 2025 04:40:20 GMT

When you are hurt in an accident, life can change fast. You may face medical bills, lost wages, and stress about the future. During this time, finding the right lawyer matters more than ever. A strong personal injury lawyer can guide you, protect your rights, and help you fight for the compensation you deserve.

But with so many lawyers out there, you may wonder: How do I find the best personal injury lawyer near me?

This guide will help you understand what to look for, what questions to ask, and how to choose the best attorney for your case.

Why Choosing the Right Personal Injury Lawyer Matters

A personal injury claim is more than paperwork. It involves negotiation, evidence, deadlines, and sometimes court. The right lawyer will:

Explain the process in simple terms
Handle communication with the insurance company
Collect evidence to support your case
Work to reach a fair settlement
Take your case to court if needed

Choosing a top rated personal injury lawyer can make a real difference in the outcome of your case.

1. Look for Experience With Cases Like Yours

Not all attorneys handle the same types of injury cases. Some focus on car accidents, while others may work more with slip-and-fall injuries or medical malpractice.

When searching for the best personal injuries lawyers, check that they have experience with situations similar to yours. Ask questions such as:

“How many cases like mine have you handled?”
“What were the results?”
“Do you handle cases in my state?”

A lawyer with a proven record in your type of case will know the common challenges and the best strategies to win.

2. Check Their Reputation and Reviews

A lawyer’s reputation tells you a lot about how they work. Look at:

Google reviews
Lawyer directories like Avvo or Martindale-Hubbell
Client testimonials on the firm’s website
Peer ratings from other attorneys

When many people say the lawyer is honest, responsive, and knowledgeable, that is a strong sign you are working with a top rated personal injury lawyer .

Avoid lawyers who have many complaints about poor communication, slow response times, or unclear billing.

3. Ask About Their Success Rate

A lawyer’s success rate is not the only factor, but it does show how effective they are. When meeting with a lawyer, ask:

“What percentage of your cases result in a settlement?”
“How often do you go to trial?”
“What is your average settlement amount?”

Good lawyers will not promise a specific result, but they will share their experience and explain how they plan to help you.

4. Make Sure They Have Courtroom Experience

Most injury claims settle out of court, but some do not. If the insurance company refuses to offer a fair settlement, you may need to go to trial.

This is why it is important to choose a lawyer who has real courtroom experience. A lawyer who never goes to trial may settle too quickly or accept lower offers.

A strong personal injury attorney will fight for your rights, whether that is inside the courtroom or through tough negotiations.

5. Understand How the Fees Work

Most personal injury lawyers work on a contingency fee basis. This means:

You pay nothing upfront
The lawyer only gets paid if you win
Their fee is usually a percentage of the settlement

Before signing anything, ask for a clear explanation of the fee structure. Ask questions like:

“What percentage do you charge?”
“Are case expenses included?”
“What happens if we don’t win?”

A trustworthy lawyer will be open about their fees and put everything in writing.

6. Pay Attention to Communication and Support

A good lawyer should make you feel comfortable and supported. During your first meeting, notice how they communicate:

Do they listen carefully?
Do they answer your questions in simple language?
Do they explain the next steps?
Do they seem rushed or distracted?

Choosing the best personal injury lawyer near me means choosing someone who treats you with respect and takes your case seriously. Strong communication builds trust and helps your case move smoothly.

7. They Should Have Strong Resources

Personal injury cases often require:

Medical experts
Accident reconstruction specialists
Investigators
Economists for calculating long-term losses

A well-established law firm will have access to these resources. This support helps build a strong case, especially in complex situations.

If a lawyer does not have access to the right resources, it may affect the outcome of your case.

8. Ask for a Free Consultation

Most personal injury law firms offer a free consultation. This meeting allows you to ask questions and understand whether the lawyer is a good fit.

Prepare a list of questions such as:

“How strong is my case?”
“What challenges do you see?”
“How long do cases like mine usually take?”
“How will you keep me updated?”

Use this time to trust your instincts. If something feels off, keep looking.

9. Look for a Local Lawyer

Hiring someone local is often better than choosing a lawyer far away. A local lawyer:

Knows your state’s personal injury laws
Understands local courts and judges
Has connections with local experts and doctors
Can meet you in person when needed

When people search “ best personal injury lawyer near me,” they are usually looking for someone who understands the area and can act quickly.

10. Choose a Lawyer Who Cares About Your Case

A lawyer should see you as a person, not just a number. The best attorneys will:

Listen to your story
Show compassion
Treat you with respect
Keep your needs first

A caring lawyer will fight harder because they want to help you move forward after your injury.

Red Flags to Avoid

While looking for the best personal injuries lawyers, watch out for these warning signs:

Guarantees of a specific settlement amount
Pressure to sign a contract immediately
Poor communication or long response times
No real experience with your type of injury
No clear fee structure
Negative or fake-looking reviews

If you notice any of these, it may be best to continue your search.

Questions to Ask Before Hiring a Personal Injury Lawyer

Here is a quick list you can use:

How long have you practiced personal injury law?
Have you handled cases similar to mine?
What is your fee structure?
Who will work on my case—you or your team?
How often will you update me?
What challenges do you expect in my case?
Do you have trial experience?

These questions help you decide whether the lawyer is the right match.

Final Thoughts

Finding the top rated personal injury lawyer does not have to feel overwhelming. Take your time, ask questions, and look for experience, honesty, and strong results. The right lawyer will guide you, protect your rights, and help you pursue the compensation you deserve.

Need legal help? Contact Crary Buchanan today to speak with an experienced personal injury attorney.

FAQs About Finding the Best Personal Injury Lawyer

Sarasota victim defrauded of $12,000 in sophisticated jury duty scam

Tue, 29 Apr 2025 15:36:42 GMT

A Georgia prison inmate and an accomplice are facing a federal indictment for allegedly stealing thousands of dollars from a Sarasota victim in a jury duty scam.

U.S. Attorney Roger Handberg, the chief federal prosecutor in Florida's Middle District, said the victim paid $12,000 after being contacted by a scammer pretending to be a Sarasota County Sheriff's deputy.

The "deputy" told the victim she was named in an arrest warrant for failing to ap pear for jury duty, records show.

"The victim was directed to a 'Bonding Transition Center' to make payment to satisfy the warrant," Handberg said. "In reality, the 'Bonding Transition Center' was a Bitcoin ATM machine, which allows users to buy and sell cryptocurrencies."

The victim deposited more than $12,000 in three separate cryptocurrency accounts, as instructed, officials say.

Investigators say the inmate allegedly used prison phones to conduct the scam. The accomplice, who was not incarcerated, helped redirect the stolen money into several accounts, officials said.

The inmate directed the accomplice to purchase prepaid phones and deliver them to the prison via drone, investigators allege.

Florida’s Middle District U.S. Attorney says the victim was directed to a 'Bonding Transition Center' to make payment to satisfy the warrant. In reality, the center was a Bitcoin ATM machine

Jury duty scams can be sophisticated, Handberg said.

"Scammers often provide personal information about the victim, such as their correct home addresses and date of birth and the caller ID of the scammer will often match the telephone number of a local law enforcement agency,'' he said. "Law enforcement investigation has revealed inmates in Georgia's state prisons are participating in this scheme by using illegally obtained prepaid phones and that associates outside of the prison may assist with receiving accounts.”

The indictments follow investigations by the Sarasota County Sheriff’s Office and FBI investigators based in Florida and Georgia.

This news story, originally written by Jim Ash and published in the Florida Bar News , is republished here with permission.

Title Insurance: It's important. By Lawrence E. Crary III, Esq

Mon, 24 Apr 2023 11:20:56 GMT

Title Insurance: By Lawrence E. Crary III

Anyone who buys real estate in Florida should have title insurance. An Owner’s Policy of Title Insurance assures you that you have good title to the property you are buying. Without it, you are running the risk that your property will have title problems, especially when are ready to sell the property. Title insurance coverage begins with a thorough search of the title records for the property you are buying. This search will detect title problems such as liens on the property, restrictions on use of the property and defective deeds from prior owners. If you also obtain a survey for your new property (which is recommended for all property types except condominium units), your title insurance coverage will also protect you against boundary disputes such as fence incursions and driveway encroachments. The title search results in the issuance of a Title Insurance Commitment by a title company which verifies the name of the current owner, establishes requirements for you to obtain clear title and discloses the exceptions to your coverage such as subdivision covenants and restrictions. The seller will be required to meet the title insurance requirements to give you clear title to the property. The exceptions will list all of the restrictions on the property (other than zoning) so that you will know ahead of time what you can and cannot do on that property.

For the protection provided, title insurance is not expensive. You can obtain title insurance coverage through your attorney or a title company. Often, if your attorney provides the title insurance, your attorney’s fees may be significantly reduced. For a $400,000 home, the title insurance is $2,075 and for a $600,000 home it is $3,075. The premium is scaled to the price of the home. This is a one-time premium paid at the closing of your purchase. Enhanced title insurance coverage is also available which covers the appreciation of your property over the years, which can be considerable in Florida. For a $400,000 home, enhanced coverage only costs an additional $320 and for a $600,000 home an additional $480. These are also one-time charges.

Title insurance and title review are always subjects in a contract for the purchase and sale of real estate in Florida. Your contract with your seller will specify the type of title search, title review and title insurance applicable to the property you are purchasing and which party is responsible to pay for the title search and title insurance. There is a standard contract for the purchase and sale of residential property in Florida know as the FAR/BAR Contract, which is a form developed by the Florida Association of Realtors and the Florida Bar. The FAR/BAR Contract has boxes to check to designate who is to pay the title insurance costs. Apart from the real estate commission paid to a broker (which is normally paid by the seller of the property), the two major expenses in a real estate sale and purchase are the Florida Documentary Stamp Tax (which is $7.00 per $1,000 of the purchase price) and the title insurance costs. Often, the seller pays the doc stamp tax and the buyer pays the title insurance charges. There is no required allocation of these expenses, it is a matter of negotiation between the buyer and seller, but this is the normal split of these costs.

Title insurance provides you with coverage as long as you own the property and it can also facilitate the sale of your property as a title base for your purchaser’s title insurance. If a title problem arises during your ownership, the title insurance company will defend your title and cure the problem. If the problem is not curable (which is very rare), the title insurance company will pay you the amount of the coverage. Your Owners’ Policy of Title Insurance will be backed by a large title insurance company with significant assets.

Having your attorney issue the title insurance is an advantage to you because your attorney can explain the title insurance and offer you legal advice regarding the status of title, the requirements for you to obtain clear title, the exceptions to coverage and the restrictions on the property. For example, when an easement is listed as an exception to coverage, your attorney can determine if this is a matter to which you should object and require the seller to eliminate the easement prior to closing. A title insurance commitment provides you and your attorney with the status of tile. The contract for your property purchase gives you the right to object to title matters which affect what is know as “marketable title”. Your seller is required to provide you with marketable title. If any of the matters disclosed in the Title Insurance Commitment make the title to the property unmarketable, you have the right to object to that and require the seller to cure the title problem. Your attorney will take the initiative in making the objection and requiring the seller to cure the problem.

Your attorney will also review the covenants and restrictions on the property you are buying. These will be shown in the exceptions in your Title Insurance Commitment. Without this title search, you would not know the exact covenants and restrictions which apply to the property you are buying. It is very important for you to understand all of the covenants and restrictions which apply to your property. Covenants and restrictions include:

The minimum and maximum size of home on your property.
Architectural review committee approvals for your new home or renovations of the home on the property.
Setbacks from property boundary lines.
Paint colors on your home.
The amount of Property Owners’ Association assessments on your lot or home and the process to determine them.
Your rights as a member of the Property Owners’ Association.

Even if a title company or the seller’s attorney is issuing the title insurance in your purchase, you should engage an attorney who specializes in real estate transactions to represent you. Your attorney will review the Title Insurance Commitment, review it with you, make title objections as necessary, monitor title cures, and review the closing documents to assure that they are correct and meet all requirements of the Title Insurance Commitment.

Title insurance is important. Please don’t neglect to obtain it. Please don’t ignore it. Title insurance protects your investment in your property from the day of your purchase to the day you sell it.

Do I Need a Lawyer for An Uncontested Divorce?

Mon, 10 Apr 2023 08:19:46 GMT

If you and your spouse agree on the terms of your divorce, then you may not need a lawyer. You can simply file for an uncontested divorce and move forward with the process.

However, even in an uncontested divorce, there are still some important decisions that need to be made. For example, you will need to decide how to divide your assets and debts, and you will need to come to an agreement on shared parenting and timesharing, what is commonly known as custody and visitation. Other issues may relate to dividing retirement assets, or even your rights to them.

These are important decisions that can have a big impact on your life, so it is important to make sure that you understand all of the implications before you make any decisions. If you are not sure about anything, it is always best to consult with an uncontested divorce lawyer before proceeding.

In some cases, an uncontested divorce can turn into a contested one. If this happens, it is important to have a lawyer on your side to protect your interests. A lawyer can help you negotiate with your spouse and come to an agreement that is in your best interest.

If you are considering filing for an uncontested divorce, contact an experienced divorce lawyer to learn more about your rights and options.

At Crary Buchanan Attorneys at Law, our uncontested divorce lawyers have the experience and knowledge to help you through every step of the process. We will work with you to understand your unique situation and help you make the best decisions for your future. Contact us today to schedule a consultation.

What Is an Uncontested Divorce?

An uncontested divorce is a divorce in which the parties agree on all issues. This means that they have reached an agreement on how to divide their assets and debts, and they have also come to an agreement on child custody and visitation.

If you are considering filing for an uncontested divorce, it is important to understand that this is not a do-it-yourself process. You will need to hire an uncontested divorce lawyer to help you navigate the legal process and ensure that your rights are protected.

What Is the Process for an Uncontested Divorce?

The process for an uncontested divorce will vary depending on the state in which you live. In most states, the first step is to file a petition for divorce with the court.

Once the petition is filed, the other spouse will have a certain amount of time to respond. If they do not respond, the divorce will be granted by default.

If the other spouse does respond, the next step is to file a settlement agreement. This agreement will outline the terms of the divorce, including how the assets and debts will be divided, and it will also include an agreement on issues related to the children.

Once the settlement agreement is filed, the court will review it to make sure that it is fair and equitable. If the court approves the agreement, the divorce will be granted.

If you are considering filing for an uncontested divorce, contact an experienced divorce lawyer to learn more about your rights and options.

What Are the Benefits of an Uncontested Divorce?

There are many benefits to an uncontested divorce. The first benefit is that it is typically much faster than a contested divorce. This means that you can move on with your life sooner rather than later.

Another benefit of an uncontested divorce is that it is usually much cheaper than a contested divorce. This is because you will not have to pay for a trial, and your time in the courtroom will likely be limited to your final hearing.

Finally, an uncontested divorce is typically much less stressful than a contested divorce. This is because you will not have to go through the stress of a trial, and you will not have to worry about the outcome.

Filing Your Petition for Divorce

The first step in the process for an uncontested divorce is to file a petition for divorce with the court. The petition is a legal document that asks the court to grant the divorce.

The petition will include information about your marriage, and it will also list the grounds for divorce. In most states, the grounds for divorce are no-fault, which means that you do not have to prove that your spouse did anything wrong.

Once the petition is filed, the other spouse will have a certain amount of time to respond. If they do not respond, the divorce will be granted by default.

If the other spouse does respond, the next step is to file a settlement agreement.

Drafting Your Settlement Agreement

If you are considering filing for an uncontested divorce, it is important to understand that you will need to draft a settlement agreement. This agreement will outline the terms of the divorce, including how the assets and debts will be divided, and it will also include an agreement on child custody and visitation, now known in Florida as shared parental responsibility and timesharing.

It is important to note that the settlement agreement is a legally binding document, so it is important to make sure that you understand all of the terms before you sign it.

If you have any questions about the agreement, be sure to ask your lawyer before you sign it. Once the agreement is signed, it will be difficult to change.

Ready to Speak with an Uncontested Divorce Lawyer? Call Crary Buchanan Today

If you are considering filing for an uncontested divorce, contact Crary Buchanan. Our experienced divorce lawyers can help you understand the process and ensure that your rights are protected.

Crary Buchanan is a law firm located in Stuart, Florida. We have been helping families in the Treasure Coast area with their legal needs for nearly 100 years.

We understand the challenges that you are facing, and we are here to help. Call us today to schedule a free consultation.

Call us at (772) 287-2600 or submit our contact form to get started.

Note: The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction

Do You Need a Boat Accident Lawyer?

Mon, 03 Oct 2022 07:45:11 GMT

If you or a loved one have been injured in a boat accident, you need an experienced lawyer on your side. Crary Buchanan is dedicated to helping accident victims get the compensation they deserve. We have a proven track record of success in boat accident cases, and we will fight for you.

Contact us today for a free consultation . We will review your case and help you understand your legal options. Let us help you get the justice you deserve.

Do I Need a Boat Accident Lawyer after an Accident?

You may be wondering if you need a lawyer after a boat accident. The answer to this question depends on many factors, including the severity of the accident, the extent of your injuries, and whether or not there is insurance coverage.

However, in some cases, it may be in your best interest to hire an experienced boat accident lawyer to help you navigate the legal process and protect your rights.

If you have been involved in a boat accident, the first thing you should do is get medical care for any harm that you may have sustained. You should then reach out to an experienced boat accident lawyer. A lawyer can help you understand your legal rights and options, as well as help you to navigate the complex legal process.

An experienced boat accident lawyer will also be able to negotiate with insurance companies on your behalf and work to get you the compensation that you deserve. If you have been involved in a boat accident, do not hesitate to reach out to an experienced lawyer today.

Boating accidents can be quite serious, and if you’ve been involved in one, you know just how important it is to have a good lawyer on your side. The sooner you can get started on your case, the better, and that’s where Crary Buchanan comes in.

They will work tirelessly to get you the compensation you deserve, and they have a proven track record of success when it comes to boat accident cases. So if you’re looking for a lawyer who knows what they’re doing and will fight for you, look no further than Crary Buchanan.

How Can My Boat Accident Lawyer Help Me?

Your boat accident lawyer will help you navigate the legal process and fight for your rights. We will investigate the accident to determine who was at fault and gather evidence to support your claim. We will also negotiate with the insurance companies on your behalf to get you the maximum compensation possible.

If you have been injured in a boat accident, don’t hesitate to contact us today for a consultation. We will fight for you and get you the justice you deserve.

Crary Buchanan is experienced in handling all types of boat accident cases, including those involving:

1. Collisions with other boats

2. Capsizing

3. Fluid leakage or fuel spills

4. Overcrowded boats

5. Speeding

6. Fires

7. Explosions

8. Equipment failures

9. Weather-related accidents

Call us today to schedule a consultation with one of our experienced boat accident lawyers. We will fight for you and get you the compensation you deserve.

Florida and Boating While Intoxicated

Florida is very clear on its laws concerning operating a boat while intoxicated (BWI). In Florida, it is illegal to operate a boat with blood alcohol content (BAC) at .08% or more. This is the same BAC limit for driving a motor vehicle in Florida.

If you are caught operating a boat while intoxicated, you will be subject to the same penalties as if you were caught driving a car while intoxicated. These penalties can include jail time, fines, and the loss of your boating privileges.

If you believe you were injured due to someone else’s negligence while operating a boat, you should contact our experienced boat accident lawyer as soon as possible. We will investigate the accident and gather evidence to support your claim. We will also negotiate with the insurance companies on your behalf to get you the maximum compensation possible.

What Are the Most Common Types of Boating Accidents?

The most common type of boating accident is a collision, which can occur between two boats or between a boat and an object in the water. Other common types of accidents include:

1. Capsizing

2. Flooding

3. Grounding

4. Sinking

5. Injury to another swimmer/water-skier

6. Fire/explosion

Boating accidents can often be prevented by taking some simple safety precautions, such as:

1. Wearing a life jacket

2. Checking the weather conditions before heading out

3. Avoiding alcohol or drugs while operating a boat

4. Using navigational lights at night

5. Keeping a safe distance from other boats and objects in the water

6. Knowing your boat’s capabilities

Unfortunately, many boat operators don’t take driving a watercraft as seriously as they should. And as a result, innocent people can get hurt. If you or someone you love has been injured in a boating accident, contact an experienced personal injury lawyer at Crary Buchanan today. We will fight for the compensation you deserve.

Know Your Rights After a Boating Accident

You’re out on the open water, enjoying a beautiful day. Then, suddenly, you’re involved in a boating accident. What are your rights?

Crary Buchanan is here to help. We’re experienced boat accident lawyers who know the ins and outs of maritime law. We’ll fight for your rights and make sure you get the compensation you deserve.

Our experienced team will:

1. Investigate your accident to determine what happened

2. Gather evidence to support your case

3. Handle all the paperwork and legal filings

4. Advocate for you in court, if necessary

Don’t try to navigate the legal system on your own. Let Crary Buchanan be your guide. Contact us today for a free consultation. We’re here to help you through this difficult time.

Call Crary Buchanan Today

If you have been injured in a boat accident, you need an experienced lawyer on your side. Crary Buchanan has been handling cases like yours for over 95 years. We know the ins and outs of the law and will fight to get you the compensation you deserve. Call (772) 287-2600 or submit our contact form to get started.

The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.

When Do You Need a Catastrophic Injury Attorney?

Mon, 26 Sep 2022 06:59:57 GMT

If you’ve been in an accident that has resulted in a catastrophic injury, you may be wondering if you need to hire a catastrophic injury attorney. The answer to this question depends on several factors, including the severity of your injuries, the circumstances surrounding your accident, and the laws in your state.

If you’ve suffered a catastrophic injury, it’s important to seek medical attention immediately. Once you’re stabilized, you can begin to explore your legal options with the help of a personal injury attorney . If your injuries were caused by someone else’s negligence or recklessness, you may be able to file a personal injury lawsuit to recover damages.

In some cases, individuals who have suffered catastrophic injuries may also be eligible for workers’ compensation benefits. If your accident occurred while you were on the job, you should speak to a workers’ compensation attorney to learn more about your rights and options.

No matter what type of accident you’ve been involved in, it’s important to seek legal counsel as soon as possible. An experienced attorney can help you understand your rights and options and will fight to get you the compensation that you deserve.

If you or someone you love has been involved in an accident that has resulted in a catastrophic injury, contact Crary Buchanan Attorneys at Law today to schedule a free consultation with a personal injury attorney. Our experienced legal team will fight for you and help you get the compensation you need to move forward with your life.

What Is a Catastrophic Injury?

A catastrophic injury is a type of physical damage that results in long-term or permanent disability. It usually occurs as the result of a car accident , truck accident, slip and fall, or other type of accident. Catastrophic injuries can also be caused by medical malpractice or defective products.

Let’s take a moment to look at some examples of catastrophic injuries.

1. Traumatic brain injuries

2. Spinal cord injuries

3. Paralysis

4. Amputations

5. Burns

6. Severe disfigurement

These types of injuries often require extensive and costly medical treatment, and the victim may never be able to return to work or live a normal life. If you or a loved one has been catastrophically injured in an accident, you need an experienced personal injury attorney on your side.

How Can a Catastrophic Injury Attorney Help?

If you’ve been catastrophically injured in an accident, you may be facing a long road to recovery. You may need expensive medical treatment and be unable to work for an extended period of time, if not permanently. A catastrophic injury attorney can help you get the compensation you need to pay for your medical bills and other expenses.

Your attorney will thoroughly investigate your accident, collect evidence, and compile a strong case to support your claim. He or she will negotiate with the insurance company on your behalf and fight for the full amount of compensation.

When Do You Need a Catastrophic Injury Attorney?

If you or a loved one suffered a catastrophic injury in an accident, you may be wondering if you need an attorney. The answer to this question depends on many factors, including the severity of the injury, the circumstances of the accident, and your goals for pursuing legal action.

A catastrophic injury is a type of injury that results in long-term disability or death. Examples of catastrophic injuries include traumatic brain injuries, spinal cord injuries, paralysis, organ damage, and burn injuries. Catastrophic injuries often require extensive medical treatment and can have a major impact on a person’s quality of life.

As a victim of a catastrophic injury, you might be able to file a personal injury lawsuit to recover damages. Damages in a personal injury lawsuit can include medical expenses, lost wages, pain and suffering, and more. An experienced personal injury attorney can help you understand your legal options and pursue compensation.

How Severe Injuries Affect Personal Injury Cases

Most award settlements in personal injury cases are based on the severity of the injury in question. When dealing with catastrophic injuries, however, the law often imposes different standards for how to measure damages.

Catastrophic injuries are generally classified as those that cause severe and permanent disability. This can include paralysis, loss of limb, or brain damage. Because the effects of these injuries are so severe, they often have a profound impact on the victim’s ability to work and live a normal life.

In some cases, the victim may be able to recover damages for their pain and suffering, as well as for their lost wages and medical expenses. But proving the full extent of the damages can be difficult, which is why it’s important to have an experienced attorney on your side.

At Crary Buchanan, we have been helping clients deal with catastrophic injuries for nearly 100 years. We understand the unique challenges these cases present and we know how to build a strong case to get you the full compensation.

If you or a loved one were seriously injured in an accident, contact us today for a free consultation. We will review your case and help you understand your legal options.

There are many types of accidents that can result in catastrophic injuries. Some of the most common include:

Car accidents: These account for the majority of catastrophic injuries. Because of the high speeds involved, car accidents can cause severe and permanent damage to the brain, spine, and limbs.

Truck accidents: These are often more severe than car accidents, due to the size and weight of the vehicles involved. Truck drivers also tend to be on the road for long hours, which can lead to fatigue and increases the risk of an accident.

Motorcycle accidents: Motorcycles offer little protection in an accident, which is why riders are at a higher risk for catastrophic injuries. In addition, many riders do not wear helmets, which further increases the risk of head injuries.

Bicycle accidents: Although bicycles are much smaller than cars and trucks, they are still vulnerable in traffic. Bicyclists can be seriously injured if they are hit by a car, especially if they are not wearing a helmet.

Pedestrian accidents : Pedestrians are also at risk for catastrophic injuries if they are hit by a car. This is especially true if the pedestrian is a child or elderly.

Workplace accidents: These can occur in any type of workplace but are more common in construction and manufacturing jobs. Workers can be seriously injured if they fall from a height, are hit by falling objects, or are exposed to hazardous materials.

Slip and fall accidents: These accidents can occur anywhere but are more common in public places like stores and restaurants. They can also happen on private property, such as in an apartment complex. Victims of slip and fall accidents can suffer serious injuries, especially if they hit their heads.

Product liability: I n some cases, the victim of a catastrophic injury may be able to file a product liability lawsuit. This could be the case if the injury was caused by a defective product, such as a car seat or tire.

If you have been seriously injured in any type of accident, it’s important to speak with an experienced personal injury attorney. At Crary Buchanan , we will review your case and help you understand your legal options. Contact us today for a free consultation.

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Pedestrian Accident Lawyer in Florida. A Guide to the Basics of Personal Injury Claims

Mon, 19 Sep 2022 06:51:14 GMT

If you or a loved one is involved in a pedestrian accident, it’s important to understand the basics of personal injury law in Florida. Here’s what you need to know about filing a claim and seeking damages.

What Is a Personal Injury Claim?

A personal injury claim is a legal request for compensation from someone who has caused you harm. In order to win damages, you’ll need to prove that the other party was at fault for the accident and that you suffered injuries as a result.

What Are Damages?

Damages are financial compensation awarded to an injured victim. They can be used to cover medical expenses, lost wages, pain and suffering , and more.

What Are the Statutes of Limitations in Florida?

The statutes of limitations are time limits imposed by law on how long you have to file a claim. In Florida, the statute of limitations for most personal injury claims is four years from the date of the accident. If you miss this deadline, you’ll likely be barred from seeking compensation.

How Do I Prove Fault?

There are many ways to prove fault in a pedestrian accident case. Often, it can be shown through witness testimony, surveillance footage, or police reports. Sometimes, an expert opinion may be necessary to establish fault.

How Do I Find a Pedestrian Accident Lawyer?

If you’ve been involved in a pedestrian accident, it’s important to seek legal assistance as soon as possible. An experienced Florida pedestrian accident lawyer can help you investigate the accident, gather evidence, and build a strong case for damages.

At Crary Buchanan Attorneys at Law, we have a team of dedicated pedestrian accident lawyers who are ready to fight for you. Contact us today for a free consultation . We’re here to help you get the compensation you deserve.

Most Common Causes of Pedestrian Accidents in Florida

Each year, thousands of pedestrians are injured or killed in accidents across the state of Florida. While some of these accidents are caused by unavoidable factors, such as poor weather conditions, many are the result of preventable human error.

Some common causes of accidents involving pedestrians include:

Distracted Driving: Drivers who are distracted by their phones, GPS devices, or other passengers pose a serious danger to pedestrians. Even a momentary lapse in attention can result in a devastating accident.

Speeding: When drivers exceed the posted speed limit or drive too fast for conditions, they put pedestrians at risk.

Impaired Driving: Drivers who are under the influence are more likely to cause accidents.

Running Red Lights and Stop Signs: Drivers who fail to yield when pedestrians have the right-of-way at crosswalks and intersections are often the cause of serious accidents.

Poorly Maintained Roads: Potholes, cracks, and other road hazards can cause pedestrians to trip and fall. In some cases, these hazards may also contribute to accidents.

What to Do If You’re Involved in a Pedestrian Accident

If you’re involved in a pedestrian accident, there are certain steps you should take to protect your rights and interests. First, it’s important that you seek medical attention as soon as possible. Even if you don’t think you’re injured, it’s important to get checked out by a doctor. Some injuries, such as concussions, may not be immediately apparent.

Once you’ve been seen by a doctor, you should reach out to an experienced Florida pedestrian accident lawyer.

Most Common Injuries in Pedestrian Accidents

Pedestrian accidents can result in a wide range of injuries, some of which may be life-threatening. Common injuries sustained in pedestrian accidents include:

Broken Bones: Fractures are common injuries in pedestrian accidents. The impact of a car can cause serious fractures, including breaks and compound fractures.

Internal Injuries: The force of a car hitting a pedestrian can cause internal bleeding and organ damage. These injuries can be life-threatening and may require surgery to correct.

Head Injuries: Head injuries, such as concussions and traumatic brain injuries, are also common in pedestrian accidents. These injuries can have serious long-term effects, including cognitive impairments and paralysis.

Neck and Back Injuries: Whiplash and other neck and back injuries are common in pedestrian accidents. These injuries can cause pain, stiffness, and limited mobility. In some cases, they may require surgery to correct.

What Does a Pedestrian Accident Lawyer Do?

A pedestrian accident lawyer fighting for the rights of people who have been hit by a car while walking can help you get the compensation you deserve. If you or a loved one has been hit by a car, it is important to know that you have the right to file a personal injury claim.

A pedestrian accident lawyer will know how to navigate the legal process and ensure that you are fairly compensated for your injuries.

In the steps leading up to filing a lawsuit, a pedestrian accident lawyer will:

Investigate the Accident: This will involve talking to witnesses, reviewing police reports, and collecting any other evidence that will help prove your case.

Determine Who Is at Fault: In order to have a successful personal injury claim, you will need to prove that the driver who hit you was at fault. Your pedestrian accident lawyer will help you gather the evidence you need to make your case.

Calculate Your Damages: Once fault has been established, your pedestrian accident lawyer will work to calculate the full extent of your damages. This will include both economic and non-economic damages, such as medical bills, lost wages, pain and suffering, and more.

Negotiate with the Insurance Company: The insurance company will likely try to lowball you in an effort to settle your case quickly and cheaply. Your pedestrian accident lawyer will fight for the full compensation you deserve.

Take Your Case to Court: If the insurance company refuses to provide fair compensation, your pedestrian accident lawyer will take your case to court. In court, a judge or jury will determine how much you should be compensated for your injuries.

Call Crary Buchanan Attorneys at Law

Pedestrian accident lawyers work hard to get their clients the compensation they deserve. If you or a loved one has been hit by a car, contact a pedestrian accident lawyer today at Crary Buchanan to arrange a consultation.

Phone: (772) 287-2600

Contact Form: Click here

Types of Major Injuries From ‘Minor’ Car Accidents

Mon, 27 Jun 2022 07:25:00 GMT

A minor car accident can be a scary experience, but it is usually not physically damaging. That said, there are some times when even a minor accident can result in major injuries. Even if you only have whiplash or sprained wrists, it may take weeks to recover and continue your normal activities.

If you get into a car accident that is deemed minor, you may think that it won’t do any damage. Unfortunately, even the most minor accidents can have major implications for your health and well-being. It is all about how the accident happened and its impact on your life.

If you were recently injured in a car accident, it’s important to make sure you have an experienced car accident lawyer . At Crary Buchanan, we are committed to making sure our clients are compensated for their injuries.

We urge you to contact us right away so that we can provide the representation you deserve. In the meantime, here are 5 types of major injuries you can get from a minor car accident.

Whiplash

Whiplash is a type of soft tissue injury that can happen in a car accident. It is often the result of a sudden and forceful movement of the head that causes the neck to suddenly move backward and forwards.

This can cause damage to the muscles, ligaments, and nerves in the neck, and it can lead to long-term effects like headaches, poor posture, and even pains in the shoulders. If you get whiplash in a car accident, you might experience headaches, dizziness, and neck, shoulder, and upper back pain.

In some cases, you might experience visual changes, including sensitivity to light and blurred vision. You might also experience changes in your hearing, including hearing ringing or clicking sounds. Some people also experience changes in their taste after a car accident.

Broken Bones

As you know, a car accident can be incredibly dangerous, even if the accident is small. The impact of the accident, even if it is only minor, can cause a person to break bones. Bones are strong structures, but they are not unbreakable.

Some types of bones are more likely to break than others, such as long bones, the bones of the legs, the forearm, and the thigh. Bones are likely to break if they are under pressure, like if a bone is compressing against another bone or a hard surface.

This can result in a broken leg, broken arm, broken foot, or other types of broken bones. These injuries can be painful and take a long time to heal. They can also cause complications, like infections, that need to be treated with antibiotics.

If there is a lot of blood loss from a broken bone, you may need a blood transfusion to replace lost blood. This can cause you to be away from work and experience lost wages as a result, not to mention the risks to your health and well-being.

Brain Injuries and Concussions

Any impact from a car accident can cause a concussion, but more serious accidents, like head-on collisions, can cause more serious brain injuries . Concussions and more serious brain injuries can cause long-lasting damage.

They can cause symptoms such as headaches, blurred vision, dizziness, nausea, and changes in your mood, including anxiety, irritability, and depression. Concussions and other types of brain injuries can have long-lasting effects.

What’s more, they can make it difficult to sleep, focus, work and learn new things. They can also have long-term effects on your health, like increasing your risk of developing Alzheimer’s disease or other neurological diseases.

Internal Organ Damage

In general, car accidents can cause damage to any part of the body, including the organs. The most common types of organ damage that result from a car accident are injuries to the heart, the lungs, and the kidneys.

Heart injuries can be serious and even fatal. They can result in abnormal heart rhythms, blood clots, or blood loss into the chest cavity. Injuries to the lungs can cause blood clots, blood loss, and swelling the lungs.

Breathing difficulties and infections can develop as a result of lung injuries. Injuries to the kidneys can result in swelling and blood loss in the organs. They can also cause infections in the area.

Burn Injuries

Burn injuries can result from an accident that involves flames, like a car fire or a fire that breaks out near the accident site. Not only that, burn injuries can be serious and life-threatening. They can cause severe pain, scarring, and disability.

Burns can also cause long-term complications, like infections or nerve damage. Such injuries can range from minor first-degree burns to severe third-degree burns. First-degree burns cause red or pink skin. Third-degree burns cause charred skin. Third-degree burns are often life-threatening and need immediate treatment.

In Closing

Although minor car accidents can be frightening, they are rarely dangerous. However, even minor accidents can cause serious injuries from time to time. Even if you suffer minor whiplash, it can take weeks for you to fully recover and resume your daily activities.

You may believe that a minor car accident will not cause any harm. But even minor accidents can have serious consequences for your health and well-being. It’s all about the circumstances surrounding the accident and not how it affects your life.

Call Crary Buchanan Today to Speak with an Experienced Car Accident Lawyer

Crary Buchanan Attorneys at Law is your first line of defense for personal injury cases in Stuart, Florida. If you were recently in a car accident and suffered major injuries, we encourage you to contact us today. Our dedicated team will ensure that you have the legal representation you deserve.

Call us at (772) 287-2600 or contact us online to arrange a free consultation with an experienced car accident lawyer.

The post Types of Major Injuries From ‘Minor’ Car Accidents appeared first on Crary Buchanan .

Do Traffic Tickets Play a Role in a Car Accident Claim?

Mon, 20 Jun 2022 07:08:00 GMT

If you were recently in a car accident, you might be wondering if traffic tickets can affect the outcome of your claim. In short, no, tickets do not affect car accident claims.

However, if the police officer who responded to the accident believes that one of the drivers was at fault, they may issue a citation. This citation cannot be used as evidence in court, and will not automatically mean that the driver who received the ticket is liable for the accident.

There are many factors that can contribute to a car accident, and traffic tickets are just one piece of evidence that can be considered when determining who is at fault. If you were recently in an accident, it’s very important that you speak with an experienced car accident attorney to learn more about your legal rights and options.

What if one of the Drivers Enters a Guilty Plea?

In some cases, one of the drivers may enter a guilty plea for a traffic violation that occurred as a result of the accident. For example, if one driver ran a stop sign and collided with another car, he or she may be ticketed for the stop sign violation.

If the driver pleads guilty to the traffic violation, this can be used as evidence in court to show that the driver was at fault for the accident. However, it’s important to keep in mind that there are many other factors that can contribute to an accident, and a guilty plea for a traffic violation does not automatically mean that the driver is liable for the accident.

But because guilty pleas to traffic tickets are admissible in personal injury cases , such a plea could be used in court. While it’s true that in most personal injury cases, juries aren’t allowed to know which driver got ticketed, a voluntary guilty plea changes the face of the game a bit.

The other driver’s insurance company will likely be well aware of the plea, and they could use it against you if you’re the one who voluntarily admitted fault. If you’re in this situation, speak with a car accident attorney to learn more about your options.

Do I Need an Attorney after a Car Accident?

While you are not required to have an attorney after a car accident, you should keep in mind that insurance companies have teams of lawyers who work tirelessly to minimize the amount of money they have to pay out on claims.

If you were recently in an accident, you should speak with an experienced car accident attorney to learn more about your legal rights and options. An experienced attorney can help you navigate the complex legal process and will fight for the compensation you deserve.

If you were recently in an accident, don’t wait to get help. Contact an experienced car accident attorney today.

How Your Attorney Can Help You

If you were in a car accident, you should speak with an experienced attorney who can help you understand your legal rights and options. Your attorney can investigate the accident to determine who was at fault and gather evidence to support your claim. In addition, your attorney can negotiate with the insurance companies on your behalf to help you get the compensation you deserve.

We invite you to call us today to schedule a consultation with our experienced car accident attorney. We will review your case and explain your options so that you can make an informed decision about how to proceed.

No matter what caused your car accident, an experienced attorney can help you understand your legal rights and options to ensure you get the best outcome. It goes without saying, but you should never admit fault at the scene of an accident or any time after unless explicitly advised by your car accident attorney.

Have You Recently Been in a Car Accident? Call Crary Buchanan Attorney at Law Today

If you’ve recently been in a car accident, you might have a lot of questions about what comes next. You might also be wondering how traffic tickets can affect your claim or if the other driver’s insurance company will try to use a guilty plea against you.

Whatever the case may be, the best way to get answers to these questions is to speak with an experienced car accident attorney. A qualified attorney can review the details of your case and advise you of your legal rights and options.

Call Crary Buchanan today to schedule a free consultation with a car accident attorney. Our firm has been representing injured victims in Florida for over 90 years, and we are here to help you get the compensation you deserve.

Crary Buchanan is dedicated to protecting the rights of car accident victims in Florida. If you or someone you love has been involved in a car accident, we can help. Call us today at 772) 287-2600 or contact us online to schedule a free consultation with a member of our team.

If you’re local, feel free to call us on our local line at (772) 287-2600 . We’re committed to helping our clients get the best outcome possible. And you can trust that we’ll do the same for you.

The post Do Traffic Tickets Play a Role in a Car Accident Claim? appeared first on Crary Buchanan .

Why Hiring an Attorney After a Car Accident Is the Smart Thing to Do?

Mon, 13 Jun 2022 11:48:00 GMT

Did you just get hit by a car or truck? Were you in a collision with another vehicle? If so, you’re probably wondering what your next move should be. Thankfully, you don’t have to take action on your own. You can take the time to figure out what happened and if it’s possible to get compensation for your damages. A car accident attorney is the perfect person to help with this. Read on to learn more about why hiring an attorney is the smart thing to do after a car accident.

And when you’re ready to dial, call Crary Buchanan Attorneys at Law. We are committed to fighting for your rights and getting you the compensation you deserve.

Hire a Lawyer After a Car Accident

If the other driver was at fault and you’re wondering what to do next, you should call an attorney right away. An attorney can help you collect on your rights and make sure you get compensation for your damages.

Finding a lawyer who is right for you can be difficult, so let’s start with why you should hire an attorney after a car accident. You’ll get legal representation. This means you can speak to a lawyer on your side and avoid talking to a lawyer on the other side.

You can also speak to your car accident attorney about your case at any time, including after the accident happens. Your attorney will also get to the bottom of the accident and find out what happened. This allows you to facts of the understand what happened and if you can collect any damages. It also lets you understand the potential danger and protect yourself.

Find Out What Happened

If you hire a lawyer after a car accident, they’ll be able to find out what exactly happened. This could be important if there was any fault on your part. You might be able to get compensation for the damages if you did something wrong and the other driver was at fault.

As you may know, these types of situations can be complicated. When you hire a lawyer, they can help you understand what happened. They can also help you understand if there are any potential issues involving the person who hit you.

Get Compensated for Your Damages

If you hire a lawyer after a car accident, they can help you get compensation for your damages. Depending on what happened, you might have different options in this area. If there was something wrong with the other driver’s car, this may be a factor to help you to get compensation through your auto insurance.

Take Care of the Little Things

A lawyer can help you take care of the little things. This includes things like getting a medical bill your damages, filing a police report, or getting your car paid as a part of fixed. These might seem like small things, but they can be important. If you hire a lawyer, they can help you with these things. This means you don’t have to worry about it, as much as if you were on your own.

Protecting Yourself After a Car Accident

A lawyer can help you protect yourself from future problems. This includes things like making sure a person is not driving badly or drinking and driving. It also includes making sure you know your rights and that anyone violating those rights is held accountable. This can help prevent future accidents and make you feel more secure.

What’s Next?

A car accident can be scary and difficult to deal with. There is no way to predict it or know what to do if you are involved in one. Hiring a lawyer after a car accident can help you understand what happened, get compensation for your damages, and protect yourself in the future.

The benefits of hiring a lawyer are numerous and go beyond just the legal aspects of the case. Finding a good lawyer can be difficult, and hiring the wrong one can be costly as well as time-consuming. What’s more, hiring the wrong lawyer could also result in a subpar final outcome.

The good news is that hiring the right car accident attorney is worth the extra effort. At Crary Buchanan, we can help you understand what happened and make sure you get the compensation you deserve.

In a Car Accident? Call Crary Buchanan Attorneys at Law Today

Car accidents are messy ordeals, often involving conflicting accounts of who was originally at fault. You don’t have to face this alone. Call our car accident attorney at Crary Buchanan today at (772) 287-2600 . Or, if you prefer, you can always contact us via email at info@crarybuchanan.com .

The post Why Hiring an Attorney After a Car Accident Is the Smart Thing to Do? appeared first on Crary Buchanan .

What Are the Basic Elements for a Personal Injury Claim?

Mon, 06 Jun 2022 13:35:00 GMT

While the specifics of personal injury cases vary based on the facts of each case, there are certain fundamentals that apply in all cases of personal injury. According to the law, personal injury cases involve accidents that result in damages to the plaintiff.

While not always the case, this usually means that the plaintiff was the victim of carelessness or negligence on the part of someone else. If a driver negligently causes an accident, for example, the victims of that accident are the individuals who were harmed by the driver.

Violations of personal rights are also at the heart of personal injury claims . These take many forms and include injuries such as sexual abuse, domestic violence, and battery. In cases of discrimination and harassment, victims may also seek compensation through personal injury lawsuits.

At Crary Buchanan Attorneys at Law, we are committed to defending our clients’ rights in personal injury claims. We invite you to contact us if you were injured due to someone else’s negligence. In the meantime, here are some of the most important aspects that are present in all personal injury claims.

Common Elements Of A Personal Injury Claim

The first and most important element of a personal injury claim is that the plaintiff must prove that the defendant had a duty of care to act or not act in a certain manner. This can be very difficult and complicated to prove, as it requires the plaintiff to show that the defendant owed them a legal duty of care, as well as that this person breached that duty of care.

The second critical element of every personal injury claim is that the plaintiff must prove actual damages resulting from the defendant’s lack of care. This usually means that the plaintiff must present medical bills, lost wages, and other expenses that they incurred as a result of the defendant’s negligence.

What Is Duty of Care?

The duty of care exists when anyone has the power or ability to act. If a person has a duty to act, then that person has a responsibility to act in a safe manner, such as behind the wheel of a car.

A duty of care may be assumed but not imposed. For example, a person who drives a car is under a duty to avoid hitting another car that is parked or stopped; moreover, the driver is required to avoid any action that causes injury to others.

In other words, you should act responsibly in all that you do so as to prevent harming others. It’s a pretty simple concept and one that we’re all taught from a very young age. But unfortunately, it’s not a universally held belief. So there are times when it’s intentional, such as a vehicle insurance scam. Other times, it’s completely accidental.

This is why it’s important to have a personal injury attorney in your corner to sift through the fact to get to the bottom of proving negligence and what you’re potentially entitled to.

Breach of Duty

The plaintiff must prove that the defendant breached the duty of care. A breach of duty occurs when the duty of care discussed above is not followed by the defendant. A breach of duty may be by a deliberate act or an omission, as one who is under a duty to act is required only to avoid an unreasonable risk of harm. A person acts negligently when they have a duty to act and fails to perform according to the duty or in circumstances that create a risk of harm that is not reasonable.

A breach of duty is a key element of every personal injury claim, as it establishes the plaintiff’s cause of action. That breach of duty can be by the defendant’s act or omission, and the defendant is required to take reasonable care to avoid causing harm to the plaintiff.

Sustained Injury

Whether emotional, financial, or physical, your injury is the entire basis for your claim. As such, there must be an injury sustained by you, and you’ll need to provide evidence to proceed with your lawsuit. Your personal injury attorney will help gather evidence to build your case. This can include conducting interviews with witnesses,

Causation in personal injury claims

Causation of the immediate and direct consequences that stem from the breach of duty, as well as a matter of right in the plaintiff’s position. These include medical bills, lost wages, and other expenses that the plaintiff sustained as a result of the defendant’s negligence.

What’s more, causation must be proven to have arisen from the defendant’s breach of duty. This means that the plaintiff must show that the defendant’s negligence caused him or her to incur these damages.

This is the last piece of the puzzle, so to speak, where your personal injury attorney ties all of the above pieces together to prove that you have a viable lawsuit against the defendant.

What are some common types of personal injury claims?

There are many different types of personal injury claims, each of which can be brought against a negligent person, party, or organization. Here are some common types of personal injury claims:

Motor Vehicle Accidents : This type of claim involves injuries that occur when someone is hit by a car, truck, or another vehicle, as well as injuries that occur when a car is involved in a car accident .

Medical Malpractice : This type of claim involves medical treatment that was negligent, including injuries that occur when a doctor fails to diagnose a condition, performs an improper surgery, or performs an unnecessary surgery.

Work-related Injuries : This type of claim involves injuries that occur when one is injured at work, including on the job and on the job site.

Let Crary Buchanan Attorneys at Law Assist You in Your Personal Injury Claim

Personal injuries can take on many different forms, so it’s important to have an experienced personal injury attorney who can help build your case and get you the compensation you deserve. To arrange a meeting with us to discuss your claim, give us a call at (772) 287-2600 . Or, if you prefer, you can always contact us via email at info@crarybuchanan.com .

How Do I Pay My Medical Bills While My Personal Injury Claim is Open?

Mon, 30 May 2022 14:40:00 GMT

If you’ve been injured in an accident, you may be wondering how you should pay your medical bills. Most people assume that if they have been injured in an accident, their medical expenses are going to skyrocket.

However, there are ways to keep your medical expenses under control, even if your personal injury claim is still pending. Keeping track of your medical expenses and payments is tricky enough without the added pressure of worrying about how you will afford them.

While it can be hard to balance these two things at once, it’s important that you do not let your personal injury claim interfere with your long-term financial plans. In this article, we will help you make the right decision for your circumstances.

After you’ve read this article, be sure to contact Crary Buchanan Attorneys at Law. We will provide the legal counsel you need to get your life back on track while you await your claim.

Why Pay Medical Bills While Your Personal Injury Claim Is Open?

Many people ask, “Should I pay my medical bills while my personal injury claim is open?” The answer to this question depends on your circumstances and may not be the same for everyone.

If you have health insurance, you may want to wait until your settlement has been finalized before paying any medical bills. This way, your settlement will cover any outstanding medical bills that your health insurance does not cover.

If you do not have health insurance and are going through a no-fault state, then you may want to begin paying your bills as soon as possible ( Like Florida) in order to avoid placing a lien on your property for unpaid hospital bills.

If you are unsure about what the best course of action is, it may be a good idea to consult with an experienced personal injury attorney or financial planner who can help guide you in making these decisions.

Another important consideration is whether or not the accident occurred in a no-fault state. If so, then it would be wise to continue paying for your medical expenses, even if it means putting them on credit cards or other sources of income.

File a Claim Through Your Own Car Insurance Policy

If you’re in the United States, your car insurance policy should have a provision for personal injury protection. This provision can help pay for medical bills in case of an accident.

When you file a claim through this section of your auto insurance policy, it will reimburse you for reasonable and necessary medical expenses that resulted from an accident. You’ll need to report these expenses to your car insurance company right away.

Paying your medical bills through your own car insurance is probably the easiest option for most people as it eliminates the hassle of filing a claim with another entity, such as a health care provider or health plan.

However, if you have other health care coverage or if you are paying out-of-pocket, then this may not be an option for you. In this scenario, it may make more sense to use one of the other methods below to cover your medical expenses while waiting for your personal injury claim to be processed.

Using Your Health Insurance Policy

Paying your medical bills with your health insurance policy is another popular choice. It is affordable, secure, and reliable, which makes it the best option for many people. However, if you are filing a personal injury claim for the injuries sustained in an accident, you may not be able to use your health insurance policy until your case has been settled, your no-fault insurance, and personal injury protection ( PIP ) is exhausted.

If this is the case for you, talk to your personal injury lawyer about how to handle these expenses until your personal injury claim is settled. They should have information about how much money you will receive from your settlement and how to set up a payment plan while still receiving care.

Negotiate a Payment Agreement with the Medical Provider

One way to keep your medical expenses from skyrocketing is to negotiate a payment agreement with the medical provider. You can ask the doctor to provide you with an itemized list of all future services and their costs, which you can then use to come up with a monthly payment plan. This will help you avoid any surprise charges that may occur when your personal injury claim is still pending.

Contact a Personal Injury Attorney

First, it’s important to know that you are entitled to receive coverage from your health insurance company for medical expenses related to your injury. In other words, your medical bills will be covered in full impart even if the accident was not your fault. However, the process of receiving this coverage can be tricky. Your case is open when you have filed a personal injury claim.

In Florida, You may have up to four years after the date of your injury before you must file suit with the court in order to obtain compensation. If you miss that deadline, you need to pursue another course of action and may not be entitled to compensation. This means that at some point during this time period, you will need to make a decision about how you want to pay for your medical bills.

Here are a few things to consider when deciding whether or not you should use insurance coverage or pay for your medical bills using other methods:

1. You may be able to get an advance on any compensation that is awarded by filing suit and waiting until after the settlement is received before making payments on these expenses.
2. By paying with an insurance advance before filing suit, there’s no chance of interest accruing on them over time.

Call Crary Buchanan Attorneys at Law for Assistance

Whether you’re awaiting your claim to process or you need legal counsel concerning the best course of action for paying your medical bills, contact our personal injury attorney at Crary Buchanan today. Call (772) 287-2600 or send an email at info@crarybuchanan.com .

The post How Do I Pay My Medical Bills While My Personal Injury Claim is Open? appeared first on Crary Buchanan .

Are Auto Accident Insurance Settlements Taxable?

Mon, 28 Mar 2022 13:59:00 GMT

Tax season is here, and that means there are bound to be a lot of unique questions regarding what you can and can’t claim. One inquiry in particular that gets brought up from time to time is whether auto accident insurance settlements are taxable.

Let’s see what the IRS says regarding this matter to provide you with a clear and concise answer. If you still have concerns regarding your taxes, we invite you to contact us at Crary Buchanan Attorneys at Law, and our auto accident lawyer will be happy to assist you further.

The IRS and Settlements: What’s the Scoop?

The IRS actually has a rule regarding settlement taxation and court judgments. You can find it at 26 C.F.R. 1. Without repeating a bunch of legalese, let’s focus on the sections that relate to auto accidents.

By and large, you don’t need to pay taxes on auto accident insurance settlements. However, you will need to consider the reason you received the money in your settlement to determine whether it is truly taxable. Therefore, let’s discuss compensation to get a better understanding.

Medical Care Compensation

Many people seek to sue the at-fault driver or file a lawsuit for physical injuries. Victims can be liable for thousands or more in medical bills due to these injuries. If injuries are severe, victims may need to be treated for many years.

You can get money out-of-pocket for medical expenses as part of a personal injuries settlement. Such expenses include:

Your out-of-pocket medical expenses and any future treatment should determine the amount of damages you are entitled to for medical care. According to the IRS, medical treatment amounts are not included in your income, so you won’t have to pay income tax.

Pain and Suffering Compensation

More than just economic losses for medical care, physical injuries can cause extreme cases of pain and suffering. To compensate, you can get money as part of a settlement. No amount of money can ever give your body back. While money won’t restore your health, it’s how the legal system works in this regard, thus providing some solace in knowing you’re being compensated for what you’re going through.

Moreover, your injuries will determine how much you receive. You will get less if you have been in discomfort for only a few months. Based on your evidence, the settlement amount will be equal to the amount that a jury would award. Jurors will use the evidence and their personal experience to arrive at a fair number.

The IRS doesn’t require you to pay taxes on pain and suffering damages that result from your physical injuries. Therefore, damages for pain or suffering are exempt from tax just as compensation for medical bills.

Property Damage Compensation

If you were in an accident that resulted in your vehicle suffering damages to any extent, and you were compensated, that money is yours and yours alone. Therefore, you don’t have to pay taxes on it.

Lost Income Compensation

Now we get to compensation that is taxable. When you are awarded monetary compensation for an injury that resulted in you missing work, the IRS expects you to pay taxes on it. Lost income compensation is included with your gross income when you file your taxes.

Punitive Damage Compensation

Punitive damages are not in the same category as medical bills or pain and suffering. As such, you will need to include any punitive damages awarded to you in your tax filings. If you need assistance with this or any other tax matters, be sure to speak with our auto accident lawyer at Crary Buchanan Attorneys at Law.

We understand that tax matters can get confusing really quickly. That’s why we strive to make understanding tax law as easy and straightforward as possible. We’re here to help you every step of the way to ensure that you file your taxes properly and according to the IRS’s regulations.

At Crary Buchanan, we are committed to representing our clients to the fullest extent. You can expect nothing but the very best legal counsel, so get in touch with us today to speak with our auto accident lawyer.

Do You Have Questions about Your Taxes?

Call the experts at Crary Buchanan today to get the legal counsel you deserve. Whether you were recently in a car wreck or you have questions about your taxes, our auto accident lawyer can help. To schedule a consultation, call (772) 287-2600 or send us an email at info@crarybuchanan.com .

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How Are Loss of Earnings Calculated After an Injury?

Mon, 21 Mar 2022 10:04:00 GMT

Injuries can cause you to miss work, which can lead to lost wages. If you’ve been injured and are unable to work, it’s important to keep detailed records of the time you were unable to work. This will help with calculating how much money you lost due to your injury.

We invite you to schedule a consultation with our personal injury attorney if you suffered an injury and lost wages. At Crary Buchanan, we strive to get our clients the compensation they deserve following a personal injury. So contact our law office today to discuss your needs.

What Steps Should You Take When Calculating Lost Wages?

One of the first steps you should take when calculating lost wages is to figure out your gross monthly income before the injury. Then, you’ll need to subtract your monthly expenses like rent, food, and utilities from your monthly income. This will give you your net monthly income that can be used for calculating lost wages.

To find out how much money you lost in a given month due to the injury-related absence, use this equation:

Net Monthly Income – Gross Income = Net Change in Earnings

Add up the total net change in earnings for each month and divide by 12 to get a yearly calculation of how much money you lost in a year due to absence from work.

If you are self-employed and can’t deduct any expenses from your net monthly income, then add up the total net change in earnings for each month and divide by 12 to get a yearly calculation of how much money you lost in a year due to absence from work.

How Do You Calculate Lost Wage Amounts during an Injury?

The amount of lost wage depends on the injury. If you are injured and cannot return to your job, then you will lose wages from that job. In some cases, this can be calculated as a percentage of your total income from all jobs.

If you are self-employed and unable to work due to an injury, then it is a little more complicated. But in general, if your typical working hours were affected after getting hurt, then the calculation would work out as follows:

Weekly gross income x number of weeks worked = total gross earnings

Weekly gross income x number of weeks off = total gross earnings

Total gross earnings – weekly gross income = lost wages.

For example:

$1000 per week x 12 weeks worked = $12000
$1000 per week x 5 weeks off = $5000
$12000 – $5000 = $7000 in lost wages

What Are the Other Losses That You Can Include in Your Calculations?

The other losses that you can include in your calculations are those that provide a decrease in lifestyle. These may be things such as a decrease in the quality of life. For example, if you are disabled and unable to work after an accident but also lose the ability to care for a loved one, then you may have additional losses that need to be calculated in your lost wages.

Can I Get Legal Help if I Have Lost Wages from a Car Accident?

If you have lost wages due to an accident, you may be entitled to compensation. Compensation may include the following:

In order to receive compensation for lost wages from a car accident or another type of injury, you will need to prove your income loss. This can be done by speaking with a personal injury attorney and providing essential information, such as the accident/police report, medical records, and anything else that relates to your claim.

You should also provide a list of other sources of income, like child support, disability payments, social security benefits, pensions, or retirement accounts that you draw from during this time frame. If you are self-employed, you will need to calculate how much your business has been affected. This can be done by calculating how much money was generated over that same time frame, as well as what percentage of income the injury has cost.

The next step is to calculate how many hours per day you were working before the accident and how many hours per day it is taking now due to the loss in income. Your personal injury attorney can help you compile the appropriate documentation as they build your case.

At Crary Buchanan, our goal is to get you the maximum compensation for your injury. If you are a victim of an injury that causes you to miss work and lose out on wages, we urge you to contact us right away. The sooner you seek our services, the sooner our personal injury attorney can get to work building your case in your favor.

Did You Suffer an Injury That Resulted in Lost Wages?

Let our personal injury attorney at Crary Buchanan assist you in getting the compensation you deserve. We will work hard to help you become whole again, so call us today at (772) 287-2600 . If you prefer, you may also email us at info@crarybuchanan.com to get started.

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What Injuries Are Caused by a Slip and Fall Accident?

Mon, 14 Mar 2022 04:07:00 GMT

Slips and falls can happen any time you are in a public place. One may not seem like much, but if they happen often or the injuries caused are severe, they can lead to serious health problems.

In this week’s discussion, we want to focus on the most common injuries caused by slip-and-fall accidents. If you suffered one of the injuries we’re about to discuss or even a unique injury, you should secure legal representation right away.

At Crary Buchanan Attorneys at Law, we specialize in personal injury cases of all types and have an intimate knowledge of the law surrounding such claims. So contact us today to discuss your rights as a personal injury victim. We will assign you an experienced slip and fall accident attorney to walk you through the proper channels you need to take. We will help you file your claim, and our slip and fall accident attorney will get to work building your case.

Our goal is to get you the maximum amount of compensation for your injury. To get prepared, we encourage you to keep reading to learn about the most commonly-reported injuries that stem from slip and fall accidents.

What Causes Slips and Falls?

There are many factors that could lead to a slip or fall accident. The most common are in wet areas such as damp floors, wet stairs, and spillages on the floor.

Another common cause of falls is tripping over objects left on the floor, such as cleaning supplies and work equipment. You’re also more likely to have an accident when walking down a slope or uneven ground.

Injuries Caused by Slip and Fall Accidents

Broken Bones

One of the most common injuries from a slip and fall accident is a broken bone. And a common type of bone fracture that occurs in a slip and fall is called a spiral fracture, which can be the result of twisting your ankle or knee in addition to falling.

Sprained Ankles or Wrists

A sprained ankle or wrist is another common injury caused by a slip and fall accident. This occurs when you land on your foot or hand and twist or bend it in an awkward direction.

The severity of the sprain typically depends on the severity of the injury, but recovery can take anywhere from a few days to a few months. If you’ve suffered a sprain to your wrist or ankle, you should keep your weight off of it as much as possible and use crutches if necessary.

In addition, you should also make sure to ice the area and elevate it to alleviate swelling. If you can’t get around without putting weight on your foot or hand, you may need physical therapy in conjunction with medical treatment.

Knee Damage

The knee is a complex joint that consists of four bones, and any of these could be injured by a fall. Depending on the severity and nature of the fall, the knee may be sprained or dislocated.

If left untreated, a fracture can develop in the knee, which will lead to long-term consequences like arthritis. In addition, if you have an ACL tear, it may not be possible for you to return to your normal lifestyle without surgery.

Shoulder Dislocations and Muscle Strain

When a slip and fall accident causes a shoulder dislocation or muscle strain, it’s usually the result of trying to break the fall with your arm. When this happens, it’s common for your arm to be pulled out of its socket. In some cases, you may feel a pop in your shoulder. Your muscles might tear, as well, which can cause pain and limit range of motion.

It is important to seek medical attention as soon as possible if you suffer from such an injury after a slip and fall accident. The longer you wait, the less likely an injury will heal properly. Fortunately, many shoulder dislocations and muscle strains are treatable with physical therapy, even if surgery isn’t necessary.

Spine and Nerve Damage

The spine is the column of bones that protects your spinal cord, and a slip and fall accident can cause serious damage to your spine. Such an injury can have extremely serious consequences, so it’s important to seek medical attention immediately following a slip and fall.

Traumatic Brain Injury

One of the most serious injuries that can result from a slip and fall accident is traumatic brain injury. A small percentage of people will suffer from traumatic brain injury after slipping and falling, but those who do often need to deal with a lifetime of mental and physical disabilities.

For these reasons and more, you should have an experienced slip and fall accident attorney in your corner. At Crary Buchanan, we fight for your rights and do everything in our power to get you the maximum compensation for your pain and suffering. That said, you may also need compensation to help you pay for lost wages, ongoing medical care, physical therapy, and more.

Cuts and Bruises

A slip and fall accident is a common cause of injury. A fall down the stairs could lead to an injury like a broken arm or leg, but it could also lead to cuts and bruises. These types of injuries are not as inherently serious as other injuries that can be caused by a slip or fall accident, but they are still painful and may take longer to heal.

Are You a Victim of a Slip and Fall Accident?

Then it’s time to discuss your claim with an experienced law firm that specializes in personal injury lawsuits and much more. So contact Crary Buchanan today at (772) 287-2600 , or send us an email at info@crarybuchanan.com to get started.

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How Does Florida’s Anti-Lapse Statute Work?

Mon, 28 Feb 2022 08:53:00 GMT

You may have heard of Florida’s anti-lapse statute but aren’t clear on its intricacies. We’re here to provide you with a detailed explanation of how this statute works and why it’s important to understand when you pursue estate planning.

If you still have questions or you’re interested in estate planning, we invite you to call Crary Buchanan Attorneys at Law today. Our experienced estate planning lawyers are here to help you secure your future.

What Happens When There’s a Lapse in a Will?

For a lapse to occur, the beneficiary of your will or trust would need to pass away before you do. When people create wills, they do so with the intent to ensure that their assets go to loved ones when they die. But when their beneficiaries pass away first, those assets simply revert to the testator or grantor.

This isn’t entirely uncommon, but when both the beneficiary and the testator pass away, those assets go back to the original estate, at which point probate can result in those assets going to unintended sources. As you can imagine, this can become a problematic situation for the family.

Florida’s Anti-Lapse Statute

This is where Florida’s anti-lapse statute comes into play. An anti-lapse statute is a law that prevents an heir from automatically losing their inheritance if they die soon after the person who left them the property. This means that if a spouse dies and leaves a house to their partner, and the partner dies soon afterward, then the house will not go to any other heirs. This could happen even if there are children or other relatives who are entitled to inherit some of the deceased partner’s share.

Many people will make wills prior to their death and leave certain gifts to family members, friends, or other individuals. Sometimes, however, certain people named in wills (i.e., “devisees”) may predecease the person who leaves them the gift. A question will arise about who is entitled to the property if a new will is not made.

The common law before the modern Florida statutes was that if a specific or broad devise (i.e., a gift in a will containing specific property or money/stock) expired because the beneficiary predeceased a testator, it went to the residuary. This meant that the gift would be part of the general estate and go to the remaining living descendants.

Many state legislatures have drafted statutes that reverse or modify the common law rule, despite their disagreement with it. Florida is one of those states that has chosen to depart from the common law by adopting an “anti-lapse statute.”

Florida’s Anti-lapse Statute provides that if a specific devisee predeceases a testator, the gift to them does not pass to the heirs by intestacy or into the estate’s residue. Instead, the gift passes to the predeceased devisee.

Florida Statute SS 732.603(1) states that a devisee, who is a grandparent or descendant of a great-grandparent of the testator, is deemed to have died at the time of execution. If the testator dies or fails to survive, or if the will or operation of law requires, a substitute gift will be created in the devisee’s surviving descendants, who will take (in equal parts) the property to the extent the devised been entitled.

Importantly, Florida’s Anti-lapse Statute requires that the devisee must be either a grandparent or a descendent. Florida’s Anti-lapse Statute does not apply to gifts that are left to friends or distant relatives who predeceased the testator.

Conclusion

It is normal to assume that your beneficiaries will outlive you when you prepare a Will. It is not a good idea to leave assets and wealth behind if you don’t expect to be able to live with your loved ones. Unexpected things can happen. Sometimes, testators can live past the lives of their beneficiaries. What’s more, people forget to update their Wills for years, and beneficiaries they had named many years ago are no longer living.

This is why it’s so important to stay on top of your estate planning. We encourage you to contact Crary Buchanan Attorneys at Law for experienced legal counsel regarding your estate planning needs. We will make sure that you are prepared for the future so that you can rest easy knowing that your wishes will be met.

Call Crary Buchanan Today

Are you looking for legal advice regarding your estate planning? Crary Buchanan Attorneys at Law can help you today. We are experts in estate planning and all it involves. We’d be happy to help you achieve the outcome that you want. Contact our office today at (772) 287-2600 . You may also reach out to us via email at info@crarybuchanan.com .

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What Is The Unified Credit?

Mon, 14 Feb 2022 08:59:00 GMT

Have you ever gifted someone assets, only to have to pay a gift tax? Wouldn’t you like to know how much you can give someone without having to pay taxes on it? With unified credit , you’re allotted a specific amount of assets that you can give someone without being subject to taxation.

In this guide, we will discuss this credit and how it applies to you and the person receiving your gift. If you have any questions regarding unified credit or require legal counsel for it, we urge you to call Crary Buchanan Attorneys at Law. We will provide the legal representation you need and can help you stay within your legal limit without being taxed.

What Is the Unified Credit?

The unified credit is a tax on gifts that can be made to individuals without incurring any taxes. Gifts given from one individual to another individual are not subject to this tax. As of 2021, the unified credit is a unified lifetime credit that will protect a donor from paying gift taxes for any single gift of up to $11.7 million in combined taxable gifts given over their lifetime. This means that any single gift of up to $11.7 million will not be counted towards the donor’s lifetime exclusion amount and won’t be subject to federal estate or gift taxes when they die.

What Is the Gift Tax?

Anyone who gifts a significant sum of money or valuable assets to friends or family is subject to gift taxes. While the gift tax doesn’t apply to traditional gifts, any items worth more than the limit set by the federal tax law will require the giver to pay taxes on them.

As per federal tax law, that limit is 40% of the inheritance. But with the unified credit, anyone can gift assets over their lifetime without paying taxes, as long as the total of the assets doesn’t surpass $11.7 million. For example, as the grantor of an estate plan, you could leave your heirs $11.7 million in assets and not have to worry about paying taxes on them.

But if you gift $12.7 million, you would owe taxes on $1 million. It’s important to keep in mind that the unified credit applies to everyone without prejudice or exception. As an individual, you are entitled to gifting anything to anyone throughout your lifetime without fear of taxation, as long as you don’t gift more than $11.7 million.

So if you gave your child a new car every year, for example, you could continue to do so without taxation until your gifts total more than $11.7 million. The same applies to any other type of asset.

It’s important to note that the unified credit merges the rules of both gift taxes and estate taxes. This tax system reduces the individual’s or estate’s tax bill on every dollar given. If the assets are greater than the annual exemption, you may need to file a tax return. Also, gifts to charities and to cover tuition or medical expenses for another person are exempted from the gift tax return requirements.

Unified Credit in Probate

Probate can be expensive. As such, it’s often more cost-effective to make use of the unified credit following the death of a loved one. Doing so effectively saves money on estate taxes. While the unified credit doesn’t take effect while living, it does kick in the following death, allowing beneficiaries to avoid paying expensive taxes on the assets gifted to them.

You should speak with your attorney to make sure that you use the unified credit during probate. Your lawyer will assist you in making sure that you follow the proper channels and complete the necessary paperwork, which will ensure a smoother estate planning process.

Understanding Probate

If you are the executor of an estate, you will have to go through probate. It is the legal process that ensures that the deceased person’s assets are distributed according to his or her will or state law. The process can be overwhelming and time-consuming, but it’s worth it for the benefits. And you can avoid estate taxes when you employ the unified credit, so it’s a good idea to sit down with your attorney to ensure that everything is put into place.

Call Crary Buchanan for Your Unified Credit Needs

Contact Crary Buchanan Attorneys at Law today if you need legal representation regarding the gift tax or unified credit. We have extensive experience with estate planning, wills, trusts, and all that they entail. We will make sure that you receive the legal counsel you deserve to ensure that you get a favorable outcome. Call us today at (772) 287-2600 , or email us at info@crarybuchanan.com to get started.

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What is a Grantor Retained Unitrust?

Mon, 07 Feb 2022 07:20:00 GMT

A grantor retained unitrust , or GRUT, is a type of trust that can be used to transfer assets without triggering taxes. You might not have heard of this type of trust before. But if you are considering transferring assets to your heirs, it’s worth looking into.

This article will explain the basics of GRUTs and how they work. You’ll learn why GRUTs are beneficial for you and your family. We’ll also discuss some of the basics in setting up a grantor retained unitrust.

If you have any questions or require legal assistance with GRUTs, we invite you to contact Crary Buchanan Attorneys at Law. Our experienced lawyers specialize in grantor retained unitrusts, as well as many other branches of law. So get in touch with us today for legal representation you can trust.

What Is a Grantor Retained Unitrust?

A GRUT is a type of trust that’s commonly used to avoid the estate tax. A GRUT is useful for people who want to transfer assets without triggering capital gains or estate taxes. There are two types of GRUTs: zeroed out and non-zeroed out. The first type, zeroed out, means that the value of the property transferred to the trust will equal the value of all gifts made by the grantor within five years before transferring them to the trust.

The second type, non-zeroed out, has no limit on how much can be gifted to it by the grantor. But both types have an income tax on any income they generate for their beneficiaries.

Who Can Set Up a GRUT?

A GRUT can be set up by anyone who has control over the assets. The person who sets up the trust is called the grantor. Generally, this will be the person who owns the assets. But it can also be someone else, like a spouse or child, if they have power of attorney for estate planning purposes.

These assets in a grantor retained unitrust will typically include stocks and bonds. You might also give cash or other assets to your family members through a GRUT. In addition to the grantor, the trustee is an individual (or organization) that controls the trust and gives distributions to beneficiaries on behalf of the trust once there is no longer any money left in the trust.

If you want to set up a GRUT, you’ll need to find a trustee that is willing to serve as one for you—usually an investment advisor or lawyer with knowledge of estate law and taxes. Once you find someone, they can help you draft up all of the necessary legal documents and file them with your state government so that your new trust can be created.

Why You Should Consider Setting Up a GRUT

You might be thinking that you can just transfer your assets to your children without setting up a trust. But transferring assets could result in a taxable event from federal estate taxes. If you set up a GRUT instead, you would avoid this.

The other reason to consider a GRUT is to protect your family from creditors or lawsuits. In case of a lawsuit or bankruptcy, the trustee has the power to go after trust assets for your benefit and not have any of the remaining trust assets go towards paying off any claims against you.

This means that if your home was transferred into a GRUT and then it was foreclosed on by your bank, only the cash value of your grantor retained unitrust would be seized by the trustee rather than all of it being used to pay what you owe otherwise.

The Basics of Creating a GRUT

How does a GRUT work? The trust is set up with an initial contribution of assets. You then decide how much of that initial contribution you want to receive each year. The money is then distributed to you, as well as any designated beneficiaries—usually your children or grandchildren—upon your death.

GRUTs are also called unitrusts because the payout amount remains fixed for the duration of the trust term. If inflation rises, you can increase the payout from the assets in the trust each year.

Some people use a GRUT as a way to save on taxes. Remember, a GRUT is a trust, so all income and gains on those assets grow tax-free until they’re given out to beneficiaries. When you set up a GRUT, you’ll have the option to designate yourself as one of those beneficiaries so that you don’t pay taxes when you get distributions from the trust later on down the line.

Call Crary Buchanan for Help with Grantor Retained Unitrusts

It’s important to seek experienced legal counsel for your needs related to grantor retained unitrusts. At Crary Buchanan Attorneys at Law, our lawyers have extensive experience assisting clients in these matters. So give us a call at (772) 287-2600 , or email us at info@crarybuchanan.com to get started.

How Serious Is a Spinal Cord Injury?

Mon, 27 Dec 2021 06:02:00 GMT

A spinal cord injury can often be a life-changing event. One moment you are walking around without issue, and the next, your life is on hold as you recover from a serious spine injury. The seriousness of these injuries is important for understanding what an individual needs to undergo to enjoy life again. Here, we’ll talk about what a spinal cord injury is and how serious it can be.

What Is a Spinal Cord Injury?

Spinal cord injuries are classified by the severity of the damage to the spinal cord in relation to its location. For example, one type of spinal cord injury could be classified as “C7.” Here, “C” refers to cervical (neck), and “7” is the seventh vertebrae. A C7 would likely mean there is pain and discomfort, but most activities can be completed on their own, with things like bathing or getting dressed requiring assistance.

Additional injury classifications are as follows:

T1 to T12 : Thoracic (Chest area)

L1 to L5 : Lumbar (Between chest and pelvis)

S1 to S5 : Sacral (Pelvis)

Each area presents its own problems when injured. For instance, neck injuries can result in numbness of the extremities, among others concerns. Interestingly, all spinal cord injuries can lead to problems with bladder andṁ bowel function.

How Serious Are Spinal Cord Injuries?

A spinal cord injury can have a huge impact on an individual’s mobility and quality of life. What’s more, the severity of a spinal cord injury is not always clear at first glance. That’s because the spine is made up of many different parts, which affect the condition and outcome of an individual’s injury.

When you are injured in any way, it is important to understand the seriousness of that injury, so you know what kind of care you will need during your recovery process. With this knowledge comes understanding what treatments are available for your condition, which ones might help reduce pain or speed up recovery time, and which ones might be most effective for your specific situation.

The Importance of Recovery

A spinal cord injury can be defined as an injury or disease that impairs or stops the functioning of the spine. This injury can lead to a variety of symptoms, including:

1. Injury to the spinal cord
2. Paralysis
3. Seizures
4. Numbness and loss of feeling
5. Pain that is not relieved by medication
6. Inability to move an extremity or part of your body
7. Difficulty breathing
8. Dizziness, vertigo, and imbalance
9. Slurred speech

It’s important to know what treatments that are available for spinal cord injuries. Physical therapy is a common treatment for a spinal cord injury. Moreover, physical therapists will help rehabilitate movement in the body by providing exercises to regain function and strength. One of the goals of physical therapy is to make sure that the patient can maintain their mobility as they recover.

Another treatment option is occupational therapy, which focuses on helping patients with daily living tasks like feeding themselves or driving. These types of treatment are meant to increase independence and quality of life for patients after an injury.

Therapeutic massage can also be used to treat some injuries, including spinal cord injuries. Therapeutic massage works by increasing the blood flow and oxygen throughout the body and removing lactic acid buildup from muscles.

If you have had a spinal cord injury, one important consideration is whether your insurance provides coverage for rehabilitation services like physical therapy or occupational therapy. If you were injured as the result of someone else’s negligence, whether an individual, business, or medical provider, it’s important to seek a spinal cord injury lawyer for legal assistance.

Your spinal cord injury lawyer can help you get the compensation you deserve as you fight to make yourself whole again. When someone has had a spinal cord injury, it may be difficult for them to care for themselves. Your attorney can make sure you receive the help you need following an injury.

Conclusion

In today’s day and age, a spinal cord injury is no longer uncommon. It can happen to any one of us. If you or someone you know has been injured in a car accident, at the workplace, or otherwise, you should be aware of the severity of the injury and what you can do. The spinal cord is like a highway that travels from the brain to the body.

If it is damaged, it can cause paralysis and a myriad of other serious consequences. The important thing is to get help as soon as possible. So contact a trusted spinal cord injury lawyer right away to discuss your claim.

Call Crary Buchanan Attorneys at Law Today

Crary Buchanan Attorneys at Law specializes in spinal cord injuries and will fight for your rights if you were injured due to someone else’s negligence. We are dedicated to providing our clients with comprehensive representation, so if you need a knowledgeable spinal cord injury lawyer, please contact us today. We proudly serve Stuart and the surrounding areas and are here to assist you with your legal concerns.

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Is It Worth Getting a Personal Injury Lawyer?

Mon, 20 Dec 2021 05:41:00 GMT

Whether you have been injured in a car accident , in the workplace, or through negligence, the effects of your injury could be substantial. If you are looking for legal representation, you may want to consider hiring a personal injury lawyer .

Personal injury lawyers can serve as advocates and help guide you through the process of obtaining compensation for your injuries. They provide invaluable knowledge and experience that can make all the difference when it comes to getting justice. But you might be asking yourself, “Is it worth getting a personal injury lawyer?” Let’s find out!

The Benefits of Hiring a Personal Injury Lawyer

Hiring a personal injury lawyer can be beneficial in many ways. For example, they are knowledgeable about the law and understand how to best approach your case based on your needs. And they understand how insurance companies work and what they need to do in order to win your case.

Additionally, you may not have the time or expertise to handle an injury case on your own. A personal injury lawyer can handle everything from filing a claim, negotiating with insurance companies on your behalf, and so much more. They also provide peace of mind for those who don’t know what their next steps should be after an accident has taken place. Just these benefits alone are invaluable.

In addition to the benefits mentioned above, hiring a personal injury lawyer could save you money in the long run by avoiding court proceedings that may not be necessary if you had hired one beforehand. You may even find yourself winning cases that would have otherwise been lost without them — further value that a personal injury lawyer brings to the table.

How Do Lawyers Typically Help with Your Case?

If you have been injured through negligence or carelessness, your lawyer will help you file a claim on your behalf and go through the proper channels. If your injury was caused by a car accident, they will help you file an insurance claim.

If your injury was sustained on the job, they may provide you with guidance as to whether or not to bring a case against your employer and what type of case might be most successful.

If you were injured in a slip and fall accident , they may provide advice as to how to handle medical bills and other financial matters associated with your injuries. What’s more, your personal injury lawyer will work towards negotiating the best possible settlement for your case.

What Type of Cases Does a Personal Injury Lawyer Typically Handle?

Due to the nature of personal injuries, personal injury lawyers handle a wide range of cases, including everything from automobile accidents to workplace injuries and virtually every type of injury in-between. An automobile accident lawyer, for example, can help you obtain compensation for what was lost in the wreck and the resulting pain and suffering.

A personal injury lawyer may also be able to assist you if you have been injured at work or if your employer has done something wrong that caused your injury. These types of cases are known as “tort” cases, which are different from other types of personal injury cases. A tort case is where one party does not break any legal code but causes harm to someone else without their knowledge or consent.

This type of case is often found in the business world than in others. So if you were injured at work, it’s important that you seek legal counsel to help you determine the best course of action for handling your injury. In addition to workplace accidents, there are many other scenarios where personal injuries can occur, including:

1. Medical malpractice
2. Assault and battery
3. Wrongful death
4. Car accidents
5. Sexual abuse
6. Defamation
7. Negligence

Whatever the case may be, it’s important that you get the legal counsel you deserve. At Crary Buchanan Attorneys at Law, we provide you with an experienced personal injury lawyer who will guide and direct you in making the best choices for your quality of life and wellbeing. Contact us today, and we will be happy to schedule a consultation to discuss your needs and how we can help.

Call Crary Buchanan Attorneys if You Need a Personal Injury Lawyer

Crary Buchanan Attorneys at Law is a general practice law firm that provides essential legal services in Florida. Our lawyers practice in virtually every major area of law, and most of our associates are Board Certified by the Florida Bar in their respective areas of proficiency.

We are dedicated to providing our clients with comprehensive representation in all matters of law. So if you need a knowledgeable personal injury lawyer, we invite you to call or contact the law office of Crary Buchanan today. We proudly serve Stuart and the surrounding areas and are here to assist you with your legal concerns.

The post Is It Worth Getting a Personal Injury Lawyer? appeared first on Crary Buchanan .

What Is the Average Payout for a Slip and Fall?

Mon, 13 Dec 2021 10:03:00 GMT

Slip and fall injuries are an unfortunate yet common occurrence. While the injuries may vary, you could be entitled to significant compensation to cover your pain and suffering. If you’ve been injured in such an accident, you need to contact an experienced slip and fall attorney to assist you.

But first, feel free to continue reading to learn more about slip and fall accidents, including what they are and their average payout. If you have any questions or would like to schedule a consultation to discuss your accident, contact Crary Buchanan Attorneys at Law today.

What Is a Slip and Fall Accident?

Slip and fall accidents are very common in the United States. In fact, they’re some of the more frequent types of personal injury claims filed. Moreover, slip and fall accidents happen when someone falls on a surface that is wet, icy, or otherwise slippery due to liquid spills, dampness, or moisture.

More specifically, the risk of slipping and falling increases when:

It’s also important for businesses to post signage to alert patrons of hazardous conditions, such as an area that was recently mopped. If a failure to post warning results in a slip and fall injury, the victim could sue for compensation.

What Is the Average Payout for a Slip and Fall?

The average slip and fall payout in the United States is between $30k and $40k. Indeed, the cost of such an injury can be overwhelming to the victim. If you’ve been injured in a slip and fall, it’s important to take legal action as soon as possible.

Even if you do not have medical documentation or immediate hospitalization, there are many ways to get paid for your injuries that will help offset the cost of your recovery.

That said, even if you are compensated fairly, the cost of medical bills, physical therapy, and other treatments can quickly add up. Therefore, it is vital that you have an experienced slip and fall attorney fighting for you to get the compensation you deserve.

How Much Is My Case Worth?

In order to determine how much your slip and fall case is worth, you need to know the extent of your injuries. The severity of the injury will often dictate the total payout for a case. For instance, if you have an injury that requires hospitalization, you’re likely entitled to a higher payout than someone who only has minor injuries. And if the slip and fall results in you having to miss work, your attorney will try to secure additional payment for that, too.

What Should You Do in a Slip and Fall Accident?

First and foremost, document everything. You should take pictures of your injuries before any medical treatment to show what they looked like when you first received them. When you speak to your slip and fall attorney, you’ll have valuable information to share with them in building your case.

Please note that in most cases, it is essential that you seek legal counsel as soon as possible. A slip and fall attorney will be able to help you pursue the compensation you deserve.

What to Expect from Your Attorney

When it comes to pursuing compensation for your injuries, there are many ways that lawyers can help. For example, your slip and fall attorney will gather evidence, conduct interviews, review medical records, and more as they build your case.

The attorneys at Crary Buchanan have experience working on slip and fall cases involving all types of injuries, including head trauma, neck injuries, broken bones, torn ligaments, and many others. What’s more, we offer advice on how to pursue the following forms of compensation:

At Crary Buchanan Attorneys at Law, we take a comprehensive approach to slip and fall accidents in Florida. We urge you to reach out to us right away if you are the victim of a slip and fall. We will work hard to see to it that you are made whole, so contact us today to get started.

Call Crary Buchanan Attorneys at Law for Your Slip and Fall Lawsuit

We are dedicated to providing our clients with comprehensive representation in all matters of law. So if you need a knowledgeable slip and fall attorney, we invite you to call or contact the law office of Crary Buchanan today. We proudly serve Stuart and the surrounding areas and are here to assist you with your legal concerns.

The post What Is the Average Payout for a Slip and Fall? appeared first on Crary Buchanan .

What Should I Do if Injured in a Florida Car Crash Involving Road Rage?

Mon, 06 Dec 2021 09:17:00 GMT

Road rage can be devastating, but you don’t have to suffer the consequences alone. If you find yourself in a car accident with road rage involved, here are some tips on what you should do. It’s important that you respond correctly, as you don’t want to make matters worse. If you know that the other driver was in the wrong, you need to do everything you can to prove it without anything coming back on you.

At Crary Buchanan Attorneys at Law, we want you to be prepared for matters like road rage in Florida. If you believe you are the victim of such an attack, we encourage you to reach out to us right away. We will provide you with an experienced Florida car crash attorney to assist you in your case.

In the meantime, follow these tips to ensure that you address the matter in the right manner. When ready, contact our law office to speak with a car crash attorney about your accident.

What to Do Following a Road Rage Accident

Stay Calm

You may be in shock or experiencing other emotions like anger or fear. This is completely understandable and normal. Take a few deep breaths and try to relax your body before talking to anyone else. In doing so, you can collect yourself and be more relaxed. This will promote clear thinking so you can better understand what’s going on around you.

Take Notes

Write down everything that happened leading up to the crash and any other important information about who was involved, including:

You will need this information later, so do your best to record as much of it as you can.

Seek Medical Attention

If possible, go directly to an emergency room for medical treatment. By seeking medical care, you can address any issues you’re having as a result of the accident. But it also ensures that there is a record of the pain and suffering that the road rage incident caused.

Contact a Car Crash Attorney

After you’ve collected the proper information and data regarding the road rage incident and you’ve received the necessary medical attention, it’s time to discuss your claim with a car crash attorney. Your lawyer can assist you in putting your case together by speaking with witnesses, police, doctors, and insurance companies.

The Dangers of Road Rage

Road rage is a serious problem that can have deadly consequences. Studies suggest that approximately one-third of drivers have been involved in an accident because of road rage.

As such, you need to take steps to ensure your safety on the road around other drivers. Moreover, there are many things you can do to protect yourself when you’re involved in a road rage incident with another driver.

The first step is to remain calm and avoid escalating the situation even further by taking unnecessary risks that could have serious consequences for your safety. Once you feel threatened or angry about something that happened on the road, it’s time to take action. Here are some tips:

What to Do if You Get Injured in a Florida Car Crash Involving Road Rage

If you were injured in a Florida car crash caused by road rage, you may need to seek immediate medical attention for treatment. When you feel well enough to do so, contact a trusted car crash attorney to discuss your case.

It also worth noting that if you were injured in a Florida car crash that resulted from road rage and believe that other drivers have been involved, contact the police (if you’re not sure who to contact) or call 911 immediately if possible. Your actions could also help investigators with their case or lead them to additional evidence needed for prosecution.

Contact Crary Buchanan Attorneys at Law Today

This extensive legal experience, coupled with our many years of service and dedication in the community, enables our lawyers to provide comprehensive representation to our clients. So if you need a knowledgeable car crash attorney following a road rage incident, we invite you to call or contact the law office of Crary Buchanan today. We proudly serve Stuart and the surrounding areas and are here to assist you with your legal concerns.

The post What Should I Do if Injured in a Florida Car Crash Involving Road Rage? appeared first on Crary Buchanan .

Questions You May Be Asked Concerning Your Car Accident Claim

Mon, 29 Nov 2021 10:33:00 GMT

If you were in a car accident, you likely feel overwhelmed with everything going on in its wake. You may feel even more overwhelmed with all of the questions you’re being asked. Indeed, there are many questions that you might be asked by the insurance companies and your lawyer.

To prepare you for these questions, we want to share with you some of the most common. This will help take some of the stress off of you and give you an opportunity to prepare the right answers.

1. What were you doing at the time of the accident?
2. Do you have any witnesses?
3. What was the other driver doing at the time of the accident?
4. Do you know what caused the accident?
5. Were there any mechanical defects or malfunctions with your vehicle before the crash occurred?
6. Can you provide any documentation, such as maintenance records, to show that your car was in good condition?
7. Did you have insurance when the accident occurred?
8. Within the last ten years, have you been involved in any other automobile accidents?

Let’s take a moment to go over a few of these questions to give you an idea of how you should respond.

What were you doing at the time of the accident?

When you are asked this question, you should answer with the truth. The reason for this is that it will help the other driver’s insurance company find out what was happening at the time of the crash.

If you were breaking the law, for example, it is important to tell them so they can figure out who was at fault. And if you were not breaking the law but still contributed to the crash in some way, it is important that you admit to your role in the crash.

Do you have any witnesses?

If you have any witnesses to the accident, ask them to provide written statements of what they saw. This may be helpful in the event that the other driver contests your claim. If you have a witness, ask them to write a statement of what they saw. If the other driver contests your claim, your witness’s written statement will help support your claim.

What was the other driver doing at the time of the accident?

The driver of the other vehicle may have been negligent in some way. This could include:

1. Failing to stop at a stop sign or signal
2. Driving too fast
3. Following too closely
4. Texting or checking messages on a cell phone while driving

Do you know what caused the accident?

If you don’t know what caused the accident, you should provide this information to your attorney and the insurance company. Asking this question can help your attorney and insurance company figure out who was at fault and what compensation you should receive.

Insurance companies often ask for details about the accident and why you were not at fault. They will also want to know who was driving the car, what the driver was doing at the time of the accident, how the driver was driving, and whether you were driving or a passenger at the time of the accident.

When you are in an accident, your lawyer will want to know about any witnesses to the accident. Witnesses can be helpful because they can provide information about what was happening before, during, and after the accident.

They may have information about any mechanical defects or malfunctions with your vehicle before the crash occurred. It is important to have all of the details about why you are seeking compensation for injuries sustained in an accident.

Were there any mechanical defects or malfunctions with your vehicle before the crash occurred?

The idea of being in a car accident is frightening. It’s not uncommon for individuals to experience some kind of injury, such as whiplash, after an accident. If you’ve had an accident, it’s important to find out whether your car had any mechanical defects or malfunctions that could have caused the crash. This is especially important if the other driver is claiming that you caused the accident.

For example, if your water pump failed, this was an outside event that may have caused the crash. If the other driver was not paying attention and crashed into your vehicle, it’s possible that you had nothing to do with it.

To find out if this is the case, you need to go to an auto body shop and get your car assessed. If there was an outside event that caused the crash, then liability will be assigned according to who was at fault for the accident — not your water pump failing.

Can you provide any documentation, such as maintenance records, to show that your car was in good condition?

All vehicles need routine maintenance to ensure that they are in good condition. If you have a car accident and your car is not in good condition, you will need to provide documentation to the insurance company showing that your car was properly maintained.

Above all else, it’s important to have an experienced car accident attorney in your corner. By contacting Crary Buchanan Attorneys at Law, you can be sure to have experienced legal counsel and representation.

Contact Crary Buchanan Attorneys at Law Today

This extensive legal experience, coupled with our many years of service and dedication in the community, enables our lawyers to provide comprehensive representation to our clients. So if you need a knowledgeable car accident attorney, we invite you to call or contact the law office of Crary Buchanan today. We proudly serve Stuart and the surrounding areas and are here to assist you with your legal concerns.

The post Questions You May Be Asked Concerning Your Car Accident Claim appeared first on Crary Buchanan .

Do I Have a Case if My Crash Was Due to Heavy Rain?

Mon, 22 Nov 2021 05:57:00 GMT

Florida is known to get a good amount of rain, causing the roads to become slick and potentially dangerous. Heavy rain in particular tends to reduce driving visibility and increase hazards on the road.

If a driver gets in a car accident during inclement weather, the question could arise as to whether they have a case. In this guide, we discuss the legalities of such circumstances and what it means to you. It’s important to understand all driving laws in the event that you find yourself in a similar situation.

Heavy Rain Caused a Car Accident: Who Is Responsible?

When driving in inclement weather, drivers are expected to exercise caution, and that includes heavy rain. For example, you must turn on your headlights, reduce your speed, and allow for more distance between you and the driver in front of you.

But if you are seriously injured in a wreck because of heavy rain, you should consult with a car accident lawyer . Your attorney can assess all the details to better determine whether you have a case on your hands.

Please be aware that in most cases, it is the driver’s responsibility to adjust their driving accordingly in heavy rain and other inclement weather. In fact, drivers are expected to drive more carefully in such circumstances. If you don’t and you cause an accident, you could be held liable for reckless driving.

Without exercising reasonable caution, it will likely be deemed that you are at fault for being negligent. A good example is if you are driving too closely behind another driver in heavy rain. The roads are expected to be slicker than usual, so when you attempt to slow down, you are too close to the driver in front of you and don’t leave yourself enough time to come to a complete stop, striking the car ahead.

A driver exercising reasonable caution would have permitted extra space and reduced their speed, thus giving them more time to come to a complete stop without hitting the car in front of them. There are countless other scenarios in which you could have avoided an accident had you followed the rules of the road accordingly.

Possible Exceptions

There are very few notable exceptions that might be taken into consideration, but they do exist. For instance, let’s assume that you are driving in heavy rain and doing your best to exercise due caution. But suddenly, your vehicle hydroplanes, and you strike another car on the road.

Or, your vehicle’s windshield wipers suddenly stop working, impairing your visibility and causing you to hit another driver. Another example would be if your brakes locked up while slowing down at a reasonable distance, causing you to hit the driver in front of you.

These could all potentially fall under vehicle defects. If you are injured as a result, you could hold your vehicle’s manufacturer or the company that produced the faulty automobile parts liable for the damages you suffered.

If you were in a car accident in heavy rain and you believe it is the result of defective vehicle parts, you should get in touch with a car accident lawyer right away. This will give your attorney time to gather evidence and research your accident to determine whether you have a promising case on your hands.

Moreover, your attorney will likely conduct interviews with specialists and possibly run tests to try and confirm your theory. If your car accident lawyer believes you have a case, they will represent you and work on negotiating a deal with the manufacturer in question.

If you would like to speak with an experienced car accident lawyer to discuss your case further, please contact Crary Buchanan Attorneys at Law. If we believe you are the victim of faulty automobile parts or equipment, we will fight to get you the compensation you deserve.

Contact Crary Buchanan Attorneys at Law Today

This extensive legal experience, coupled with our many years of service and dedication in the community, enables our lawyers to provide comprehensive representation to our clients. So if you need a knowledgeable car accident lawyer, we invite you to call or contact the law office of Crary Buchanan today. We proudly serve Stuart and the surrounding areas and are here to assist you with your legal concerns.

The post Do I Have a Case if My Crash Was Due to Heavy Rain? appeared first on Crary Buchanan .

Who is Responsible for Accidents Caused by Defective Road Conditions?

Mon, 15 Nov 2021 10:05:00 GMT

Poor drivers on the road are undoubtedly a leading cause of automobile accidents. But what happens when it’s actually the road’s fault that you were in a wreck? This phenomenon occurs far more often than you might think, so it’s absolutely an issue that deserves attention.

At Crary Buchanan Attorneys at Law, we believe everyone who suffers a personal injury has a right to be heard. In this guide, we detail the laws surrounding poor road conditions and how they can affect you as a driver.

We know personal injuries can be devastating, and we want you to know that you have trusted advocates who will fight for your rights. If you were in a car accident and you believe it was due to defective road conditions, call us to secure the services of an accident injury lawyer today.

We specialize in personal injury claims and can help you get the compensation you deserve for your pain and suffering. So buckle up and read on to learn more about your rights as a driver and what steps to take if you’re injured in an automobile accident.

Defective Roads: Who Is Responsible?

If you are in a car wreck that is the result of defective roads, there are several potential government agencies that could be held responsible, including:

1. Federal
2. Local
3. State

But in order to pursue any one of these entities, you need experienced legal counsel in your corner. At Crary Buchanan, we have years of experience handling legal matters of all types, including those involving the government.

We will get to the bottom of which government entity is liable for your car accident and fight to see that you get compensation. In doing so, you can get the funding you need to fix your vehicle, pay for medical expenses, recoup lost wages, and more.

Examples of Defective Roads

When a state, local, or federal agency fails to properly maintain its roadways, it can result in innocent drivers suffering a car accident. There are many ways in which road maintenance negligence can present unsafe driving conditions, including:

1. Missing/damaged traffic signs
2. Worn lane markings
3. Damaged guardrails
4. Uneven pavement
5. Pavement erosion

Let’s look at a few of the most common road hazards that can lead to accidents.

Potholes

Potholes can be a serious problem for drivers. Not only can they seriously damage your vehicle, but they can also cause you to lose control while driving. You could end up in a ditch or striking another vehicle as a result. This can lead to personal injuries and expensive damages.

The formation of potholes occurs when groundwater freezes. Upon thawing, the road breaks loose and creates potholes of all shapes and sizes. And as more vehicles drive over them, the potholes can become larger and more dangerous.

Bad Design

Even a brand new road can pose dangers to drivers if they aren’t designed properly. Bad design can make it more likely for accidents to occur, thus leading to an increase in damages and injuries. This is when you need an accident injury attorney on your side. Your lawyer will collect information about the design and construction of the road and research other accidents that have occurred due to the design.

With this data, your attorney can build your case to present in litigation. Some common examples of bad road design include:

1. Too few signs warning of dangerous conditions
2. Merge lanes that are too short
3. On-ramps that are too short
4. Excessively sharp curves
5. Poor lighting

With so many potentialities for accidents due to bad road design, you need to secure legal counsel to fight for your rights. You don’t have to take on government agencies by yourself. With an experienced law firm in your corner, you can take a stand and seek the compensation you deserve.

Contact Crary Buchanan Attorneys at Law and get the legal representation you need. We will fight to see to it that you are made whole.

Contact Crary Buchanan Attorneys at Law Today

This extensive legal experience, coupled with our many years of service and dedication in the community, enables our lawyers to provide comprehensive representation to our clients. So if you need a knowledgeable accident injury attorney, please call or contact the law office of Crary Buchanan today. We proudly serve Stuart and the surrounding areas and are here to assist you with your legal concerns.

The post Who is Responsible for Accidents Caused by Defective Road Conditions? appeared first on Crary Buchanan .

If I Got Hurt, Can I File A Personal Injury Lawsuit?

Mon, 08 Nov 2021 06:09:00 GMT

For as many ways as there are that you can get hurt, there are just as many personal injury cases. As such, it’s vital that you have an experienced personal injury attorney in your corner fighting for your rights.

At Crary Buchanan Attorneys at Law, we are your trusted advocates for when you suffer an injury and need to seek compensation. We work hard to get you the award you need to get your life back in order.

We understand how much of a burden a personal injury can be. That’s why we specialize in personal injury lawsuits and offer our services to people who need assistance filing lawsuits after they’ve been hurt.

If you got hurt, you’re probably wondering if you can file a personal injury lawsuit. That’s precisely why our personal injury attorney team is here. We serve you and stand by your side to help you become whole again.

As you will see in the information below, you can indeed file a lawsuit if you’re a victim of a personal injury. Let’s look at what goes into filing a personal injury claim and what you need to do to make it happen.

Getting Started

If you are injured, and you believe someone else is liable, it’s important to determine if the other party has insurance that can cover any injury claims you make. For example, if you’re in a car accident, you’ll want to find out if the other driver has car insurance. Or if you are injured by a slip and fall accident, you will need to find out who owns the property and whether they have liability insurance.

This information is important because it can determine whether you can really get any damages awarded by the jury after a personal injury trial. It is one thing to make a judgment in your favor, but it is another thing entirely to collect a judgment award.

When the defendant does not have applicable insurance coverage and limited assets, it could mean that you don’t get the compensation you deserve. Therefore, you should consider the extent of your injury and whether your own insurance can provide a satisfactory solution.

Moreover, it’s important to take the following points into account if they apply to you:

1. You have not been seriously injured
2. The fault of the accident is unclear
3. You have health insurance

In a scenario involving the above, you may want to think twice about filing a lawsuit against an uninsured person. However, if you are seriously hurt, and there’s no question that the other party is responsible, you should probably move forward with a lawsuit, even if they don’t have insurance.

Hire a Personal Injury Attorney

Even if you think you will get the outcome you want and your case appears to be pretty cut and dry, you should first discuss your case with a personal injury lawyer. Speaking with an attorney is not the same as hiring one, so you don’t have to worry about more money coming out of your pocket if you decide you don’t need legal counsel. Most personal injury lawyers are happy to offer a free consultation to discuss your claim and form a strategy.

What’s more, in most agreements between the client and lawyer in a personal injury case, the client doesn’t have to pay unless they win compensation.

Depending on the amount of money potentially involved and the complexity of your case’s legal issues, hiring a personal injury attorney could make the difference in you winning and losing.

File a Lawsuit

Your attorney’s experience and expertise in practicing law are necessary for determining whether filing a lawsuit is the best move. Before taking your claim to court, your personal injury attorney will first try to reach an agreeable settlement from the opposing party’s insurance company. If one cannot be reached, your attorney will represent you in court and fight to get you the maximum compensation for your pain and suffering.

Contact Crary Buchanan Attorneys at Law Today

This extensive legal experience, coupled with our many years of service and dedication in the community, enables our lawyers to provide comprehensive representation to our clients. So if you need a knowledgeable estate planning attorney , please call or contact the law office of Crary Buchanan today. We proudly serve Stuart and the surrounding areas and are here to assist you with your legal concerns.

The post If I Got Hurt, Can I File A Personal Injury Lawsuit? appeared first on Crary Buchanan .

What Are Trusts and How to Plan Them?

Mon, 25 Oct 2021 13:08:00 GMT

Estate planning , wills, probate, beneficiaries, executors, trusts — it can all be so confusing. If you are considering establishing trust, you might be wondering where to start. Here at Crary Buchanan Attorneys at Law, we are committed to making sure our clients understand these matters in their entirety.

So today, we’re focusing on trusts and how to plan them. Our goal is simply this important step in your life so that you aren’t intimidated about starting your own trust. If you need assistance creating trust after reading this guide, we encourage you to give us a call.

We specialize in planning for the future, and our estate planning attorney will guide you through the contours of trusts to ensure that your needs are met.

What Are Trusts?

Trusts are legal agreements that are part of estate plans. Moreover, trusts are customarily used to reserve your assets for a beneficiary (or beneficiaries). They can even provide substantial inheritance taxes and other benefits. If you are considering creating trust, there are some factors to consider.

Trusts are suitable for homeowners with assets valuing a minimum of $160,000. Once your trust is established, it will be managed by a third party, called a trustee. A trustee can be someone you know and believe is capable of managing your estate. Or, it can also be a firm, such as a financial institution.

In your trust, you detail your wishes for how you want your estate managed. And once you’ve established your wishes, your trustee makes sure that they are followed to the letter.

Establishing trust comes with many benefits. For example, if you die, a trust can ensure that your beneficiaries receive the assets you intended much sooner. Trusts also provide privacy in terms of where your assets ultimately go. Many people create trust because of the protection that they offer.

You can rest easy knowing that your estate and various assets are secured by the trust, and they will go only to those you listed as beneficiaries. In addition, trusts can reduce or even eliminate taxes associated with your estate and gifts. This places less of a burden on your beneficiaries and ensures a smooth transfer of assets.

And lastly, trusts ensure that your wealth and any future wealth are tightly controlled by the conditions you established when you created your trust and detailed the distribution of your assets.

Because there are different kinds of trusts, it’s important to secure the services of an experienced estate planning attorney. Your lawyer will make sure that you choose the most suitable trust based on your needs and wishes.

Planning Your Trust

Before you plan a trust, it’s important to understand the qualifications for trust. Not everyone needs trust, as they are suitable for people with a certain amount of assets. You don’t have to be incredibly wealthy, but an average net worth of $200,000 is recommended (or at least $160k).

You should also own property, which will be named in the trust in terms of who you want it to go to when you pass away. This is especially true if you have a property in a state different from the one you currently live in.

Also, probate can be costly and time-consuming, both of which are significantly reduced when you have trust in place for after you die. This greatly lessens the burden put on your loved ones and ensures an easier overall process.

Trusts are ideal for when you want to establish specific stipulations regarding who gets how much money and when. For example, you may have a young grandchild that has to turn 18 before they can get their inheritance. Rather than give them a sizable sum of money when they are still so young, you can stipulate that your trustee only awards a limited amount of money every so many month until your grandchild reaches a certain age.

These are all things that your estate planning attorney will assist you with. With the qualified attorneys at Crary Buchanan in your corner, you can be sure that your trust is exactly how you want it, without compromise.

Contact Crary Buchanan Attorneys at Law Today

This extensive legal experience, coupled with our many years of service and dedication in the community, enables our lawyers to provide comprehensive representation to our clients. So if you need a knowledgeable estate planning attorney, please call or contact the law office of Crary Buchanan today. We proudly serve Stuart and the surrounding areas and are here to assist you with your legal concerns.

The post What Are Trusts and How to Plan Them? appeared first on Crary Buchanan .

How to Spot the Signs of Elderly Abuse?

Mon, 11 Oct 2021 12:41:00 GMT

Elderly abuse is the deliberate psychological or physical neglect or harm of the elderly. Sadly, such abuse and neglect are exceedingly common. In fact, studies reveal that one out of every ten elderly people has experienced some form of abuse.

Caregivers of the elderly are responsible for making sure that seniors receive the care and necessities required for daily life. Unfortunately, elderly adults who are in the care of others don’t always get the care they either need or deserve.

When this happens, legal action must be taken to ensure that the mistreatment no longer continues. First, however, it’s vital that you know how to spot the signs of elderly abuse.

Below, we talk about the signs according to the NCEA ( National Center on Elder Abuse ). We also discuss how you can take action if you suspect elderly abuse.

Know the Signs

The NCEA has identified seven major types of elderly abuse. Some types of neglect might be harder to prove compared to physical abuse. By learning and knowing the signs of elderly abuse, you can take appropriate action.

Physical Abuse

According to NCEA, physical abuse constitutes physical force that may cause physical harm, pain, or injury. This includes any violent action or behavior toward a senior.

Sadly, there are many overlooked displays of physical abuse, such as forced restraint, forced feeding, starvation, and inappropriate drug administration. Some common indications that abuse is taking place include:

1. Bone fractures, sprains, or serious injuries, especially those without reports of falls
2. Bruises on the face or torso (Note that most accidental bruises among the elderly appear on their extremities)
3. Signs of restraint, such as marks from ropes or straps
4. Elderly directly reporting physical abuse
5. A sudden change in behavior

If you witness any of the above, you should seriously consider making a report of elder abuse.

Emotional Abuse

According to NCEA, emotional abuse constitutes the affliction of pain, distress, or anguish as the result of nonverbal or verbal abuse. Emotional abuse takes many forms. This may include threats, insults, or harassment, among others.

Sexual Abuse

Sexual abuse is any form of unsolicited, nonconsensual sexual behavior against an elderly person. This includes everything from improper touching to rape. Sexual abuse is also things like forcing nudity or taking pictures. Elderly people with severe cognitive impairment cannot give sexual consent.

Neglect

Neglect is refusing to provide medicine, sanitation, water, food, proper shelter, and other essentials to elderly people who are dependent on the care of others. If family members in charge of the elderly’s finances refuse to pay for proper care, the neglect may also be considered financial.

Self-Neglect

Unlike neglect, which is the result of another person’s actions, self-neglect is when the elderly adult engages in harmful behavior that affects their own health and safety. Such behavior can include a refusal to eat or take their prescriptions.

Other times, a senior might refuse to maintain regular hygiene. While it’s true the mentioned actions are often present in elderly adults who have cognitive decline or a mental illness, such is also found in those who are being mistreated.

Abandonment

We’ve discussed neglect and self-neglect. There’s also abandonment, which is an extreme form of neglect. Rather than withholding food or basic life necessities, a caregiver will give up all forms of care and leave the elderly all alone. Such cruelty is perhaps the worst kind of elderly abuse, especially if the life of the senior depends on the assistance of the caregiver.

Financial Abuse

The exploitation of finances or assets occurs when there is theft or mismanagement of money or property of the elderly. This includes unauthorized cashing of checks, coercion, forged signatures, or serious abuse of power of attorney or guardianship. Financial abuse of the elderly may come from complete strangers, such as scammers. But it can also come from caregivers or family members.

Do you believe that elderly abuse is happening to someone you know? It’s important that you take action to ensure that the mistreatment doesn’t continue. Contact the Crary Buchanan Attorneys at Law to discuss your concerns with an experienced elderly abuse lawyer .

We will help you every step of the way, so you can rest easy knowing that the proper action is being taken to put a stop to the abuse once and for all. Whether it’s a loved one or a friend, we encourage you to contact us right away to discuss the best course of action.

Contact Crary Buchanan Attorneys at Law Today

This extensive legal experience, coupled with our many years of service and dedication in the community, enables our lawyers to provide comprehensive representation to our clients. So if you need a knowledgeable elderly abuse lawyer, please call or contact the law office of Crary Buchanan today. We proudly serve Stuart and the surrounding areas and are here to assist you with your legal concerns.

The post How to Spot the Signs of Elderly Abuse? appeared first on Crary Buchanan .

Who Can Pursue Guardianship?

Mon, 04 Oct 2021 12:38:00 GMT

Unless the court decides otherwise, there is a standing assumption that every adult is capable of making their own decisions. But if an adult is unable to make reasonably responsible decisions, a guardian will be appointed by the court to ensure the safety and well-being of the adult in question.

This is known as “guardianship.” The term guardianship refers to the legal relationship concerning a capable adult (guardian) and someone who is no longer capable of handling their own affairs (this person is known as a ward).

Moreover, guardians can be legally authorized to make decisions in the ward’s interests. Such decisions can include matters pertaining to legal issues, financial concerns, and healthcare situations.

Depending on the guardianship clause and your respective state’s practices, guardians aren’t necessarily required to gain court approval for the various decisions they make. In fact, many states appoint a conservator to handle all monetary matters.

When Is It Necessary to Pursue Guardianship?

Indeed, there are times when an adult can make reasonable decisions in certain areas of life matters but not in others. When this happens, some courts will grant guardianship decision-making only in the areas where the ward requires assistance.

This is known as limited guardianship. Such matters are defined in detail when guardianship is established to ensure the proper handling of all related decision-making.

Guardianship becomes a necessity when an adult has become incapacitated in some manner. This could mean a complete loss of mental faculties, requiring the responsible decision-making of an adult who can manage such matters.

Of course, t he criteria for a person to be considered a guardian varies in each state. The standards differ in some states and depend on whether you are seeking full guardianship or just financial supervision (conservatorship).

Generally speaking, when a person shows that they lack the ability to make reasonably responsible decisions, they will be judged as needing guardianship. A person furthermore can’t be declared as being incompetent just because they make irresponsible decisions. Rather, only if someone is proven to not have the ability to make reasonably sound choices.

For instance, a person might not be affirmed as being incompetent just because the manner in which they spend money looks strange to others. In addition, developmental disabilities or mental illnesses alone are not sufficient to declare someone’s incompetence.

The Process of Guardianship

In the majority of states, anyone who wishes to manage the well-being of a ward can apply for guardianship. A guardianship attorney is often hired so that they can submit a hearing application to the county probate court where the ward resides or will reside.

The protection of the planned ward varies by state, however. For example, some states simply require to be notified of the hearing, while others require the ward to attend the hearing. The intended ward is typically entitled to have legal representation when attending the hearing. If they can’t afford an attorney, they will be appointed one by the court.

When the hearing takes place, the court tries to conclude whether the intended ward is indeed incapacitated. If so, the court will then decide the extent to which the person needs assistance.

If it is determined by the court that the planned ward is in fact incapacitated, it will be up to the court to decide whether the person wishing to be the guardian is fit for the role.

Who Can Be a Guardian?

A guardian can be either a competent adult or a non-profit agency. Moreover, a guardian may also be a private corporation. Oftentimes, however, the guardian is the spouse of the ward or a close friend or relative.

In the event that a reasonable guardian can’t be found, the court will often appoint a guardian via an agency that is publicly financed. Before this happens, the court will consider those who are closest to the ward. It’s generally better for the guardian to be someone who knows and understands the wants and needs of the ward rather than a disconnected corporation or agency.

It’s always best to have a guardianship attorney to assist you in such matters. Your guardianship attorney will serve as an unbiased party who only has the best interests of all parties involved.

Contact Crary Buchanan Attorneys at Law Today

We proudly serve Stuart and the surrounding areas and are here to assist you with guardianship and many other legal matters.

The post Who Can Pursue Guardianship? appeared first on Crary Buchanan .

Everything You Need To Know About Filing Bankruptcy After Divorce

Mon, 27 Sep 2021 04:28:00 GMT

Of the many reasons people have for filing bankruptcy, divorce is one of the most common. Many of those who have experienced divorce tend to encounter financial problems. For instance, they might struggle to pay bills now that they rely on only one income, or they may have difficulty paying their bills due to support obligations.

But no matter what the reason is for filing for bankruptcy following divorce, you must go over it with your divorce attorney. If you have yet to secure a bankruptcy lawyer , you will need to go over the details of your divorce with them once you do, as your divorce terms could affect your bankruptcy case.

Of course, you can simplify things by hiring an attorney who specializes in both divorce and bankruptcy. At Crary Buchanan, Attorneys at Law, we are dedicated to legal matters of all types. As such, we can help you with divorce, bankruptcy, and more. With our extensive experience, you can trust that you are getting expert legal representation from professionals who excel in many areas of law.

When you have our services in your corner, you can rest easy knowing that our legal team will guide and direct you in your divorce and bankruptcy every step of the way. If you are ready to set up a consultation, please call our law office toll-free at (888) 899-8161 . If you live in Stuart or the surrounding areas, please feel free to contact us locally at (772) 287-2600 .

If you prefer, you may also complete our online contact form , and a trusted member of our staff will get back to you. If you need an experienced bankruptcy and/or divorce attorney in Stuart , we encourage you to call us to schedule a consultation.

You can also continue reading below to learn more about what takes place in bankruptcy after divorce.

Bankruptcy and Domestic Support Obligations

Some people are under the impression that they can eliminate domestic support obligations, such as a child or spousal support, whenever they file for bankruptcy. This is false. Such obligations do not meet the conditions for debt forgiveness (bankruptcy discharge).

However, if you were to file a Bankruptcy Code application under Chapter 13, you can get bankruptcy assistance for overdue child support or alimony. When you file Chapter 13, you agree to a plan to make repayment. This plan lasts anywhere between three and five years.

If any debts are ineligible for forgiveness, you must pay them back in full via your Chapter 13 plan. As such, you may include overdue child support or alimony in your Chapter 13 plan. If you are on a five-year plan, you may divide your payments up over the course of 60 months.

When you file a bankruptcy case under Chapter 13, it might help you avoid imprisonment or other penalties related to not paying alimony or child support. However, you will be required to make timely payments on all future support obligations in order to maintain Chapter 13. Moreover, on-time payments will keep you from getting sanctioned by the family court.

Bankruptcy and Joint Unsecured Debts

In the event that you and your former spouse owe joint debts, these debts become a part of your case. Your former spouse will get a notice of bankruptcy application as a joint debtor. And in the case of Chapter 7, most of the unsecured debts have been discharged. Some examples of the types of unsecured debts that you may get rid of when filing Chapter 7 are as follows:

1. Most personal judgments
2. Some tax debts (old)
3. Old rent payments
4. Credit card bills
5. Old utility bills
6. Personal loans
7. Medical bills

In Chapter 13 cases, unsecured creditors will get part of the debt that you owe. There is a percentage paid to unsecured creditors, but that percentage depends on numerous factors, such as your expenses, income, and debts.

Upon completing your case for Chapter 13, the remaining amount owed to the unsecured creditor will be forgiven. Your bankruptcy application will not relieve your former spouse from legal liability related to unsecured debts. And if your former spouse is a joint debtor, creditors can sue them to get any remaining part of that debt.

It’s understandable if you feel overwhelmed with the thought of bankruptcy and divorce. But when you have the legal experts of Crary Buchanan at your side, you will have the professional guidance and direction to help you get the outcome you desire.

Contact Crary Buchanan Attorneys at Law Today

This extensive legal experience, coupled with our many years of service and dedication in the community, enables our lawyers to provide comprehensive representation to our clients. So if you need a knowledgeable divorce attorney during this difficult chapter of your life, contact the law office of Crary Buchanan today.

We proudly serve Stuart and the surrounding areas and are here to assist you in making your divorce go as smoothly as possible.

The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.

The post Everything You Need To Know About Filing Bankruptcy After Divorce appeared first on Crary Buchanan .

Divorce Decree vs. Divorce Certificate — What’s the Difference?

Mon, 20 Sep 2021 06:38:00 GMT

Divorce is an unfortunate reality that involves a fair amount of paperwork. As such, it’s easy to get overwhelmed and confused by all of the documentation.

Two of the most common documents that cause confusion are the divorce decree and divorce certificate — the court issues one but not the other.

We’ll explore these two discombobulating divorce documents in greater detail in a moment. But first, please know that you have a valuable ally to assist you during difficult times like divorce.

Crary Buchanan, Attorneys at Law, specialize in legal matters of all types. We can help you with divorce, separation, custody, and more. Our extensive experience ensures that you’re getting top-tier legal representation.

With our services in your corner, you can trust that our legal team will guide and direct you through your divorce every step of the way.

If you’d like to arrange a consultation with us, please call our law office at (772) 287-2600. If you live in Stuart or the surrounding areas, please feel free to contact us locally at (772) 287-2600 .

If you prefer, you may also complete our online contact form , and a trusted member of our staff will get back to you. If you need an experienced divorce attorney in Stuart , we invite you to call today to schedule a consultation.

Let’s continue our discussion on divorce documentation, so you have a clear understanding of what they entail.

What Is a Divorce Decree?

This is a document that is issued by the court. It details the final judgment in your divorce and therefore contains essential information regarding:

1. Child support (if applicable)
2. Property and asset division
3. Spousal support
4. Visitation
5. Custody
6. Debt

Of course, other details may be included in your divorce decree, not just that which is listed above. In fact, it’s very likely that your divorce decree will contain more information, as the document is intended to detail every legal aspect of your divorce.

No one but the court can issue you a divorce decree, and it comes at the closing of your case. You can usually obtain a certified copy of your divorce decree by going through the clerk of court’s office.

Or, you may have to go through the county clerk depending on what state you live in and its regulations concerning this matter.

It’s important to note that only those involved in the divorce can obtain a copy of the divorce decree (including your divorce attorney).

What Is a Divorce Certificate?

Not to be confused with a divorce decree, a divorce certificate is a different document entirely. And unlike a decree, the certificate doesn’t come from the court but rather via a place like your state health department. In most cases, you get a divorce certificate from the same office that issues birth certificates.

Moreover, divorce certificates aren’t available in all states. But in the states where they are available, you can use divorce certificates for the following:

1. Basic proof of divorce
2. Obtaining a passport
3. Obtaining travel visa
4. Inheritance matters
5. Name change
6. Marriage

Divorce certificates serve as evidence that you are indeed divorced. And, they enable you to show that you are divorced without sharing revealing information like that of a divorce decree.

So whereas a divorce decree outlines your divorce in its entirety, including things like child/spousal support orders or debt distribution, a divorce certificate shows only that you are divorced and nothing else.

Divorce is typically very difficult and requires an experienced divorce attorney who can guide you through this challenging time in your life. Things are even more troublesome when there are children involved. As such, you are encouraged to secure the services of a trusted and respected law firm to assist you. At Crary Buchanan, you’re getting experienced legal counsel from knowledgeable attorneys who understand the intricacies of divorce, custody, and more.

It’s certainly understandable if you are overwhelmed with your divorce or feel like you don’t have any options. But with the legal experts at Crary Buchanan at your side, you will have the professional guidance and direction to help you get the outcome you desire.

Contact Crary Buchanan Attorneys at Law Today

This extensive legal experience, coupled with our many years of service and dedication in the community, enables our lawyers to provide comprehensive representation to our clients. So if you need a knowledgeable divorce attorney during this difficult chapter of your life, contact the law office of Crary Buchanan today.

We proudly serve Stuart and the surrounding areas and are here to assist you in making your divorce go as smoothly as possible.

The post Divorce Decree vs. Divorce Certificate — What’s the Difference? appeared first on Crary Buchanan .

How to Give and Get Temporary Child Custody?

Mon, 13 Sep 2021 04:34:00 GMT

The matter of temporary custody often comes up during divorce or separation and prior to the finalization of an agreement. It is up to the court to determine who gets temporary custody. Their decisions are based on what they feel is in the child’s best interest.

What’s more, many temporary custody agreements eventually become permanent after the divorce is finalized in a court of law. However, there are other instances besides divorce or separation where temporary custody might be needed.

At Crary Buchanan Attorneys at Law, we specialize in a wide variety of legal matters. If you believe you require temporary custody for any reason, we encourage you to contact us immediately.

When you secure our services, you can count on our legal team assisting you every step of the way. To schedule an appointment with us, you can reach our law office toll-free at (888) 899-8161 . If you live in Stuart or the surrounding areas, feel free to contact us locally at (772) 287-2600 .

Conversely, you may also fill out our online contact form , and a trusted member of our staff will get back to you. If you need an experienced child custody attorney in Stuart , don’t delay in calling us today.

If you’d like more information regarding child custody, please continue reading below.

When to Seek Temporary Custody

There are many unique reasons why you might need the services of an experienced child custody attorney to seek temporary custody, including:

Domestic Matters : In the event of abuse or neglect, you may feel compelled to seek temporary custody in order to ensure the child’s safety and well-being. Whether you are the spouse, grandparent, friend, or otherwise, your intentions are to protect the child with temporary custody.

Sickness/Hospitalization : When a parent or parents become incapacitated (such as a car accident or illness), temporary custody ensures that the child is properly cared for until the parent or parents can care for their child again.

Competing Responsibilities : Some parents have schedules (such as work or school) that make it difficult to provide optimal care for their children. In such instances, temporary custody may be sought after to ensure the child gets the care they need.

Financial Difficulties : If a parent loses their job, for example, and is unable to provide proper care to their child, a temporary custody agreement may be put into effect to allow a friend or relative to continue the child’s care for a time.

Separation or Divorce : Temporary custody orders are needed in times of separation or divorce until a final agreement can be reached between the parents.

Do you require legal counsel concerning a temporary custody agreement? Call the child custody attorney team of Crary Buchanan today to schedule a consultation to discuss your options.

Getting Temporary Custody

When you have an experienced child custody attorney in your corner, you will have expert representation that ensures the proper channels are followed as you seek temporary custody.

Not all temporary custody ventures are easy, requiring a child custody attorney who has years of experience in dealing with the courts. Your attorney knows how to navigate the turbulent waters of child custody and will provide you with comprehensive representation.

Moreover, your child custody attorney will fight to get you the outcome that is best for you and the child in question. Your attorney will work hard to build your case to present to the court.

This is often very difficult when trying to plead your case on your own. But with an experienced team like the professionals at Crary Buchanan, you’re getting the very best legal counsel in Florida.

Child custody can be challenging for all involved. That’s why you need a child custody attorney who makes this trying time easier by providing expert representation. It’s understandable if you feel overwhelmed or without options. Let the law office of Crary Buchanan give you guidance and direction to get the outcome you desire.

Contact Crary Buchanan Attorneys at Law Today

This extensive legal experience, coupled with our many years of service and dedication in the community, enables our lawyers to provide comprehensive representation. We are Stuart’s trusted and experienced child custody attorneys.

If you require our services in Stuart or the surrounding areas and need qualified representation, you can count on the highly accomplished team at Crary Buchanan to provide the legal counsel you deserve.

The post How to Give and Get Temporary Child Custody? appeared first on Crary Buchanan .

Car Accidents Attorney – We Fight for Your Rights

Mon, 06 Sep 2021 07:42:00 GMT

Car accidents can be tricky business. It’s seldom that the driver at fault will come forward and confess their error. So if you were in an accident in Stuart that resulted from another driver’s negligence, you should secure legal counsel immediately.

At Crary Buchanan Attorneys at Law, we specialize in a wide variety of legal matters and can help you in your car accident case. When you secure our services, our legal team is here to assist you every step of the way. To schedule an appointment with us, you can reach our law office at (772) 287-2600. If you live in Stuart or the surrounding areas, feel free to contact us locally at (772) 287-2600 .

Conversely, you may also fill out our online contact form , and a trusted member of our staff will get back to you. If you need an experienced car accidents attorney in Stuart Martin County , don’t delay in calling us today.

What Is a Car Accidents Attorney?

A car accidents attorney helps the victims of car accidents in establishing personal injury claims and seeking compensation for damages caused by other drivers. If you were injured in an accident that wasn’t your fault, a car accidents attorney can help you file your case in time and will work to get your rightful compensation.

Car Accidents Attorney: Not Just for Major Wrecks or Collisions

Many people think hiring an attorney is only appropriate when there are significant damages or injuries. However, this isn’t always the case. Even if your car accident is minor, a car accidents attorney can help to protect you from legal claims that the other party might make when trying to blame the accident on you in order to deny their responsibility.

What’s more, your attorney can review your claim to ensure that you are submitting an application for everything you are entitled to. Plus, your lawyer will know which experts and specialists to hire and which evidence to collect in order to build you a strong case.

What to Expect from Your Car Accidents Attorney

Your attorney’s primary goal is to see that you are awarded compensation for your damages, pain, and/or suffering. As such, your lawyer will express that you require compensation to pay for medical expenses, repairs or replacement of your vehicle, and lost wages.

Moreover, hiring a qualified personal injury attorney who specializes in car accidents will ensure that all of the necessary channels are explored to get you the maximum compensation.

For example, your attorney will conduct interviews with witnesses, collect evidence related to your accident, study medical records, negotiate with the insurance companies, speak with law enforcement and get police reports, and more.

Not only that, but qualified car accidents attorneys have comprehensive knowledge of the rules of the road and will use their expertise of law to ensure that you get the best representation possible.

Throughout your case, your attorney will inform you of your rights as a victim so that you know what you can expect from your lawsuit.

It’s important to note that insurance companies spend a lot of time and resources to see to it that they don’t’ have to pay you. As such, they can be very difficult — if not impossible — to take on by yourself.

Your car accidents attorney in Stuart will attempt to negotiate a settlement with the insurance company of the at-fault driver. If one cannot be reached, your lawyer will then take your claim to court and present all of their evidence and findings.

Their goal in court is the same as it always is, and that is to get you the maximum compensation to help pay for your pain and suffering, damages, and legal counsel. Therefore, you can expect your lawyer to fight hard to secure a winning verdict.

Are you ready to move forward with your car accident lawsuit? Call Crary Buchanan today to schedule a consultation to discuss your options.

Contact Crary Buchanan Attorneys at Law Today

This breadth of legal experience, coupled with our years of service and dedication in our community, allows Crary Buchanan attorneys to provide comprehensive representation. We are your trusted and experienced car accidents lawyers in Stuart.

The post Car Accidents Attorney – We Fight for Your Rights appeared first on Crary Buchanan .

Business Dispute Lawyer – Know Your Legal Rights

Mon, 30 Aug 2021 08:16:00 GMT

In the world of business, there is a multitude of circumstances that lead to disputes. Perhaps a project got delayed, or financial issues arose. Whatever the case may be, business disputes can destroy partnerships and the agreements they are built upon.

When this happens, breach of contract usually isn’t far behind, resulting in lawsuits. It’s not surprising, then, that a vast number of business disputes lead to civil actions being taken because there was a failure to meet the terms of a contract.

Other business disputes arise when the partners involved have differing opinions and viewpoints on where the company should be headed or how business should be handled.

Regardless of the underlying cause, when a partner wants out and wants to take their investment with them, it’s time to get business dispute attorneys involved.

If you are a business owner in Stuart who is in the middle of a business dispute, it’s important that you secure legal representation. In doing so, you can protect yourself and your brand.

At Crary Buchanan Attorneys at Law, we specialize in business disputes and will fight to get the outcome you want. You can reach our law office toll-free at (888) 899-8161 . If you live in Stuart or the surrounding areas, feel free to contact us locally at (772) 287-2600 .

If you prefer, you can also fill out our online contact form , and a trusted member of our staff will get back to you. If you need an experienced business dispute lawyer in Stuart Martin County , we encourage you to call today.

When to Consider a Business Dispute Lawyer

Most of the time, businesses have contracts in place to protect those involved in the event of a breach. If there isn’t a contract to protect against a particular disagreement, however, a qualified attorney will need to step in to resolve the matter. But if both parties can’t agree on a solution, a court will have to decide.

Business disputes don’t just occur between business partners; they can happen when two businesses have a disagreement. For example, assume for a moment that you run a sporting goods store and a local baseball team orders their jerseys from you.

Because the jerseys needed to be custom-made with names and logos, you hired a printing shop. But when you received your order, you found that the jerseys had incorrect spellings and the wrong logos.

If the print shop refuses to correct their mistake and won’t refund your money, you’d be right in the middle of a business dispute and have no other recourse but to take the matter to court to seek compensation.

Of course, other matters aren’t so black and white or evident. Below, you will find some scenarios that could indicate it is time to seek the legal representation of a business dispute lawyer in Stuart.

A Threat to Your Assets

Being a business owner, you need to ensure the safety and protection of your company’s assets at all costs. There are times, though, when these assets could be at risk due to the nature of a contract or ongoing legal dispute.

If this happens, it’s time to seek legal counsel immediately. Rather than let your assets go down the drain, a qualified business dispute attorney can help protect your company’s assets and your business.

You’re Seeing Rapid Growth

Wait, growth is a good thing, right? Indeed, it is. But rapid growth can result in important steps and other essentials being overlooked that ultimately put your company at risk. If rapid growth occurs, your safest option is to secure a business dispute lawyer. They can make sure that “all bases are covered” in your growth and expansion, thereby avoiding pitfalls along the way.

You Lack a General Understanding of Your Business

This can sometimes happen during a rapid growth phase. But it can also happen to experienced business owners when heading into uncharted territory. If you encounter a new phase in your company that you’re unfamiliar with, you may naturally lack the understanding of how to properly proceed.

Flying blindly can promptly lead to costly mistakes and disputes within your company. Thankfully, an accomplished business dispute lawyer can make sure you don’t take on more than you’re qualified to and that you go through the proper channels.

Incorporation Concerns

Bureaucracy abounds in business, sometimes to your detriment. If you determine that not being incorporated is hurting your business, you may need to hire a business dispute attorney to see to it that you jump through the right hoops to become incorporated.

These are but a few of the reasons you might want to consider hiring a business dispute lawyer in Stuart. As a business owner, it’s understandable if you want to avoid litigation at all costs. But there are times when it’s the right call to make, as it can protect you, your assets, your brand, and your employees and business partners.

A qualified business dispute attorney will have your best interests at heart and will fight to make sure that your company has the protection it needs.

Contact Crary Buchanan Attorneys at Law Today

Crary Buchanan is a general practice law firm dedicated to providing expert legal services in the state of Florida. Our lawyers have significant legal expertise in virtually every major area of law, and most of our associates are Board Certified by the Florida Bar in their respective areas of proficiency. This breadth of legal experience, coupled with our years of service and dedication in our community, allows Crary Buchanan attorneys to provide comprehensive representation. We are your trusted and experienced business dispute lawyers in Stuart. If you require our services in Stuart or the surrounding areas and need qualified representation, you can count on the highly accomplished team at Crary Buchanan to provide the legal counsel you deserve.

The post Business Dispute Lawyer – Know Your Legal Rights appeared first on Crary Buchanan .

Signs it’s Time to Call a Business Dispute Attorney

Mon, 23 Aug 2021 09:26:00 GMT

Other business disputes arise when the partners involved have differing opinions and viewpoints on where the company should be headed or how business should be handled.

Regardless of the underlying cause, when a partner wants out and wants to take their investment with them, it’s time to get business dispute attorneys involved.

If you are a business owner in Stuart who is in the middle of a business dispute, it’s important that you secure legal representation. In doing so, you can protect yourself and your brand.

At Crary Buchanan Attorneys at Law, we specialize in business disputes and will fight to get the outcome you want. You can reach our law office at (772) 287-2600. If you live in Stuart or the surrounding areas, feel free to contact us locally at (772) 287-2600 .

When to Consider a Business Dispute Lawyer

Because the jerseys needed to be custom-made with names and logos, you hired a printing shop. But when you received your order, you found that the jerseys had incorrect spellings and the wrong logos.

A Threat to Your Assets

You’re Seeing Rapid Growth

You Lack a General Understanding of Your Business

Incorporation Concerns

A qualified business dispute attorney will have your best interests at heart and will fight to make sure that your company has the protection it needs.

Contact Crary Buchanan Attorneys at Law Today

The post Signs it’s Time to Call a Business Dispute Attorney appeared first on Crary Buchanan .

Divorce Attorney – Your Trusted Stuart Law Firm

Mon, 16 Aug 2021 10:06:00 GMT

Divorce is rarely, if ever, a pleasant matter for either party. Given the nature of the litigation that surrounds divorce, it’s important that you have the best divorce attorney Stuart representation.

At Crary Buchanan Attorneys at Law, we specialize in divorce litigation and will fight for you to ensure that you reach the outcome you desire. You can contact our law office toll-free at (888) 899-8161 . Or, if you live in Stuart or the surrounding areas, you may contact us locally at (772) 287-2600 .

If you prefer, you can also fill out our online contact form , and a trusted member of our staff will get back to you. If you need a dedicated divorce attorney in Stuart, we encourage you to call today.

Understanding Divorce in Florida

Newlyweds often think that their love will last forever. Unfortunately, this is not always the case. Statistics show that plenty of unions ultimately end in divorce. This is of course emotionally difficult, but it can also cause legal and financial problems. If you live in Florida, we want to teach you all about divorce and what to expect.

Filing for Divorce

To apply for a divorce in Florida, one of the divorced parties must reside in the state for at least six months before submitting the petition to the court. The exception is if you are in the United States military. And as a service member, you live in Florida but are currently stationed outside the state. What’s more, the divorce must be filed in Florida, where one of the divorced parties lives.

Grounds to File for Divorce in Florida

Since Florida is a no-fault state, the only reason you need to file for a divorce is that you believe your marriage can’t be fixed. Therefore, you need to prove that your relationship has ended and that you cannot correct it. In addition, a spouse who has suffered from mental incapacitation for three or more years is also grounds for divorce in the state of Florida.

The Divorce Process

If you are eligible for a divorce in Florida based on the information above, you can go through with filing for divorce in the courts. One of the two parties to a divorce must fill out a divorce petition. This is a form called a Petition for the Dissolution of Marriage .

The party filling out the form is called the petitioner, while the spouse of that party is called the respondent. After completing the form, the applicant must send a copy to the respondent. This is a process known as “serving.”

Accepting the serving of the divorce papers shows that you agree to the divorce. The respondent will then have to fill out and submit another form called an “Answer and Waiver of Service form.

Moreover, the respondent must sign and notarize the Answer and Waiver of Service form before submitting it. If your spouse disagrees with the divorce, things can get complicated. If that happens after you file for divorce, you can ask the sheriff of the area where your spouse lives to serve your spouse the divorce papers.

If you don’t know where your spouse is, you can use “constructive services” to inform your spouse of the divorce. It reminds your spouse that you are going to notify them of the divorce by placing an advertisement in the local newspaper. But that’s assuming you know the area where your spouse lives.

After filing for divorce, the state of Florida requires that you submit a signed affidavit that involves the disclosure of financial information about you. This affidavit includes your:

1. Personal financial records
2. Credit card statements
3. Bank statements
4. Tax returns
5. Income
6. Assets
7. Debts

Furthermore, you can order mediation after filing for divorce. During this process, the third party will try to help you and your spouse reach a divorce agreement without a court order. If this doesn’t work, you will need to go to court.

There, you can show evidence and call witnesses, and the judge will make the final decision on any disputed issues. Some divorces may qualify for simplified dissolutions. This option does not require financial disclosure and may not need a lawyer. For simplified dissolution, you must meet the following conditions:

1. You and your spouse do not have any minor or dependent children, including foster children under 18 years of age.
2. Both parties agree to simplify the divorce with a dissolution.
3. Both parties reached an agreement on the distribution of all assets and debts.
4. At least one of the spouses has lived in Florida for six months.
5. Both spouses agree that the marriage isn’t salvageable.
6. Neither spouse is currently pregnant.
7. Both parties do no require alimony.

If you cannot come to terms on a dissolution, you should contact Crary Buchanan Attorneys at Law. In doing so, you will have an experienced divorce attorney in Stuart to walk you through the case represent you in court.

Contact Crary Buchanan Attorneys at Law Today

Crary Buchanan is a general practice law firm dedicated to providing expert legal services in the state of Florida. Our lawyers have significant legal expertise in virtually every major area of law, and most of our associates are Board Certified by the Florida Bar in their respective areas of proficiency. This breadth of legal experience, coupled with our years of service and dedication in our community, allows Crary Buchanan attorneys to provide comprehensive representation. We are your trusted and experienced Divorce Attorney Stuart team that will help you overcome this trying chapter in your life. If you require divorce services in Stuart or the surrounding areas and need qualified representation, you can count on the highly accomplished team at Crary Buchanan to provide the legal counsel you deserve.

The post Divorce Attorney – Your Trusted Stuart Law Firm appeared first on Crary Buchanan .

Personal Injury Attorney Stuart – We Fight for Your Rights

Mon, 02 Aug 2021 08:48:00 GMT

Personal injury litigation is crucial. If someone harms you physically, you may experience high medical expenses, lost wages, and other expenses that should not be your responsibility. What’s more, the changes in your life can range from inconvenient to serious. Therefore, you will need a personal injury attorney to help you, the plaintiff, take the negligent person or company to court and get the compensation that you unequivocally deserve.

If you are the victim of a personal injury incident, you should contact a trusted employment law attorney immediately.

At Crary Buchanan Attorneys at Law, we specialize in personal injury claims and fight for our clients to ensure that they are awarded the compensation they deserve. You can reach our law office at (772) 287-2600. If you live in Stuart or the surrounding areas, you can contact us locally at (772) 287-2600 .

If you prefer, you may also fill out our online contact form , and a trusted member of our staff will get back to you. Don’t let your personal injury control your life. If you need a dedicated personal injury attorney in Stuart, we encourage you to call today.

The Value of Your Personal Injury Claim

You may want to know how much your personal injury case is worth. The value of your case depends on several key factors, including the severity of your injury, the circumstances of your accident, and any limits to insurance coverage. Behind the value of the case is the amount of damages that the plaintiff can obtain, including:

1. Loss of earning capacity
2. Future medical bills
3. Loss of consortium
4. Pain and suffering
5. Past medical bills
6. Lost wages

Some of these considerations may not be of clear value at the beginning; however, based on our attorneys’ extensive experience, they may be able to provide estimates of case costs after evaluation of records pertaining to your claim, such as:

1. Statements (witness and personal)
2. Your medical records
3. Police records
4. Evidence

This information paints an overall picture that allows you and your attorney to better understand the expectations of your personal injury case.

Considering Compensation

As we just mentioned, the claimant can obtain compensation for certain types of damage related to the injury. As such, the purpose of filing a personal injury claim is to seek compensation for the injury suffered by the plaintiff. In doing so, the awarded compensation serves to lessen the burden of the financial hardship created by another party’s negligence.

In a personal injury lawsuit, you may seek payment for several types of damages. Some are tied directly to your injuries, such as medical expenses and lost wages. These are known as “economic” damages. Other damages, however, are more subjective. These are known as “noneconomic” damages. How much (and whether) they are limited depends on where the injury occurred and where you live.

Let’s examine a few examples of common damages that plaintiffs seek in personal injury lawsuits.

Medical Expenses : Individuals involved in a personal injury may require medical care, which may include (but isn’t limited to):

1. Outpatient care
2. Hospitalization
3. Examinations
4. Treatment
5. Tests

Depending on the severity of your injury, you may need ongoing medical care, especially when serious or irreversible injuries occur. Generally speaking, such medical care is often expensive. As such, victims may find themselves responsible for thousands or hundreds of thousands of dollars in medical expenses. Ideally, the damages found in the settlement or litigation against the defendant should cover such fees.

At Crary Buchanan Attorneys at Law, our job is to make sure that you get the necessary compensation to cover your medical expenses related to your injury. But that’s the only potential hardship you might face when injured.

Lost Wages : If you suffer an injury, it’s highly probable that you will have to miss work. This could be a result of going to the hospital, being admitted to the hospital for further treatment, or because your injury is so bad that you physically can’t work.

As you can see, a personal injury may cause you to miss work for as little as a day to as much as permanently. Therefore, an award for lost wages is in order.

Emotional Distress : This compensation relates to the psychological and emotional state of the injured party after the accident. This is because serious injuries aren’t limited to affecting victims physically. Depression caused by severe psychological trauma or anxiety could warrant compensation for emotional distress. Therefore, you need to obtain a complete and accurate record and diagnosis of a specific mental condition from your therapist, psychiatrist, or psychologist.

Pain & Suffering : Such compensation is calculated and awarded based on the depth and extent of your pain and suffering, as well as the nature of your injury and the medical care required to treat it.

In order to obtain the compensation that may exceed $1 million in a jury trial, the plaintiff must have as much evidence as possible to prove the consequences of their injury caused by the negligence of another party. So, how can you do this?

Your attorney will need to present your m edical records, including diagnoses, outpatient visits, prescriptions, and hospital stays, as these are an important way to show the degree of injury you sustained and your estimated recovery time. However, this will only work if you take the initiative to seek treatment and talk with your doctor about your needs in great detail. It is also helpful to take pictures and videos of the injury you suffered and record your symptoms.

Contact Crary Buchanan Attorneys at Law Today

Crary Buchanan is a general practice law firm dedicated to providing quality legal services in the state of Florida. Our lawyers have significant legal experience in virtually every major area of law, and most of our associates are Board Certified by the Florida Bar in their areas of expertise. This breadth of legal experience, coupled with our years of service and dedication in our community, allows Crary Buchanan attorneys to provide comprehensive representation. We are your trusted and experienced Personal Injury Attorney Stuart team that will help you overcome your personal injury challenges. If you are the victim of an injury in Stuart or the surrounding areas and need qualified representation, you can count on the highly accomplished team at Crary Buchanan to provide the legal counsel you deserve.

The post Personal Injury Attorney Stuart – We Fight for Your Rights appeared first on Crary Buchanan .

Employment Law Attorney Stuart – Protecting Your Rights

Mon, 26 Jul 2021 10:23:00 GMT

There are many federal and state labor laws designed to ensure that workers receive fair wages and protect them from illegal discrimination and harassment. Unfortunately, there are many employers in Florida that violate labor laws. This ends up hurting innocent people and harming commerce in Stuart. Employment law gives you the legal right to obtain compensation for any economic loss or other sufferings you sustained as a result of such violations.

If you believe your employer has violated employment laws to any degree, you should contact a trusted employment law attorney immediately.

At Crary Buchanan Attorneys at Law, we specialize in employment laws and will fight for you to ensure that you receive the compensation you deserve. You can reach our law office toll-free at (888) 899-8161 . If you live in Stuart or the surrounding areas, you can contact us locally at (772) 287-2600 .

If you prefer, you may also fill out our online contact form , and a trusted member of our staff will get back to you. We understand that taking on an employer can feel overwhelming and intimidating. That’s why we’re here. We work hard to resolve your concerns and make you whole. If you need a dedicated employment law attorney in Stuart, Martin County , we encourage you to call today.

Suing Your Employer For Unpaid Wages

According to the Florida Minimum Wage Act and the Federal Fair Labor Standards Act (FLSA), workers are entitled to a minimum wage. Moreover, most workers have the right to earn overtime for any work that exceeds 40 hours a week.

Florida law requires individuals to be paid at least $8.65 per hour, which is notably higher than the current federal minimum wage of $7.25. All working hours must be compensated, including the time it takes to prepare or clean up the workstations, to complete the required preparations, and any other time employees are working. For example, if your employer requires you to go to work before 6:45 in the morning, but you do not formally check-in before 7:00 a.m., it is against the law for your employer to withhold those 15 minutes of undocumented working time.

Suing For Unpaid Overtime

Here at Crary Buchanan Attorneys at Law, our goal is to make sure that you are compensated for the hard work you put into your job. And it’s our job to fight for workers who are unjustly refused overtime pay, unfairly asked to work off the clock, or underpaid for their services. If necessary, we will continue to pursue such claims through trials.

Why Am I Not Receiving Overtime Pay?

There are many reasons why you may not get the proper overtime pay that you deserve. These reasons typically include:

1. Your employer classifies you as a manager or other type of exempt employee, whether by mistake or on purpose

2. Your employer deliberately ignores overtime requirements in an attempt to save money

3. Your employer does not understand overtime requirements or misunderstands the law

Independent Contractors and Overtime Pay

Under the Fair Labor Standards Act, independent contractors are not eligible to receive overtime pay under state or federal laws. With that said, it’s important to keep in mind that many employers often mistakenly classify their employees as independent contractors. In fact, Florida has issued a test to determine whether workers should be considered employees of independent contractors. Factors that determine the status of workers include:

1. The employer’s control over the details of the work performed by the worker
2. Skills required for a specific job
3. The place where the work is carried out. Is the work carried out under the supervision of the employer or under the supervision of a person regarded as an expert?
4. Does the employer control and guide the performance and details of the work done by the worker?
5. Do both parties believe that they are establishing an employee-employer relationship?
6. How long a worker has been employed

It’s also worth noting that some employers try to get around the law and save money by having employees sign contracts stating that they are independent contractors. Employers practice such unscrupulous behavior to avoid costs related to benefits and taxes. If you believe that your employer has wrongfully classified your position as an independent contractor, please contact us right away.

You could be eligible for compensation. And if you’ve been cheated out of pay for many years, the stakes get even higher. As such, you can’t afford to miss out on a potentially substantial award. Our team is experts in employment law and will work hard to provide the representation you so rightfully deserve.

Of course, overtime pay isn’t the only thing associated with employment law. Let’s move on to another area that unfortunately plagues manty workplaces in the United States to this day.

Employment Law and Sexual Harassment

Did you know that one of the most common types of illegal workplace harassment is based on an individual’s gender? Let’s look at some examples of behaviors that may constitute illegal sexual harassment:

1. Unwelcome sexual provocation
2. Demanding sexual benefits
3. Offensive or obscene gestures or jokes
4. Inappropriate physical contact
5. Comments about sexual activity or sexual preferences
6. Sharing inappropriate erotic images
7. Comments on appearance, body, or clothing
8. Asking about a person’s sexual behavior or history
9. Use sex as a condition for employment decisions

If you have been the victim of such instances, it’s important that you seek legal representation immediately.

Do I Need an Employment Law Attorney?

The above behavior is not only disturbing but also often makes the victim feel helpless – as if they have no other recourse but to endure the harassment. If you continue to be in an uncomfortable position due to unnecessary sexual provocations, requests, or other inappropriate behaviors, please don’t hesitate to contact Crary Buchanan Attorneys at Law. We are your trusted and experienced Employment Law Attorney Stuart group that will help you overcome your workplace challenges. If you work in Stuart or the surrounding areas and need qualified representation, you can count on the highly accomplished team at Crary Buchanan to provide the legal counsel you deserve.

The post Employment Law Attorney Stuart – Protecting Your Rights appeared first on Crary Buchanan .

What Does Wrongful Death Mean?

Mon, 19 Jul 2021 06:23:00 GMT

Losing a loved one is one of the most devastating things a person can experience. It’s even more traumatic when that death was preventable. When you lose a loved one, you have countless issues to deal with, and many things to handle, such as funeral planning and expenses, will and probate issues, and deciding what to do with your loved one’s belongings. This doesn’t include the emotional healing and processing that you will be going through.

We understand how overwhelming it can be, and we want to do everything we can to help you. If you believe you have a wrongful death claim and are looking for wrongful death lawyers in Stuart, Martin County , don’t hesitate to reach out to Crary Buchanan. Call 772-287-2600 today for a free consultation.

You can also easily schedule a free consultation online with our simple to use the contact form . We’re hopeful that this article can help you in the meantime.

How Do You Prove Wrongful Death?

When you hire a lawyer for a wrongful death suit, there are several elements they will be required to prove in court in order for you to get the compensation and justice that you deserve. Wrongful death suits are generally brought under the claim of negligence. In order to prove negligence, your attorney has to establish the following:

1. Breach Of Duty. In order to be successful in a wrongful death claim, there has to be a duty owed to the decedent. For example, in a wrongful death suit relating to medical malpractice, your lawyer will have to show that the doctor owed the decedent a duty. They usually do this by showing that the doctor was actually treating the decedent, creating a doctor-patient relationship.

2. Causation. In order to be liable for someone else’s death, the plaintiff has to have caused the death. Using the same medical malpractice wrongful death example, causation can be shown by presenting evidence that a doctor administered the wrong medication to the decedent, and this caused their death.

3. Damages. Lastly, your lawyer must show that the person filing the lawsuit suffered damages. They can show that the loved one’s death caused the plaintiff monetary damages in a number of ways. If the decedent was the only one working and the loved one stayed at home with the children, the plaintiff clearly suffered damages due to the wrongful death.

What Types Of Damages Can I Receive?

In a wrongful death suit, there are several types of damages that can be awarded, including the following:

1. Medical expenses
2. Burial costs
3. Funeral expenses
4. Loss of income
5. Loss of future earnings
6. Loss of protection and companionship
7. Pain and suffering that the decedent suffered before they passed away

Wrongful Death Damages Caps

In Florida, there are limits on how much a person can be awarded if they are successful in a wrongful death claim. For economic damages, such as medical expenses and lost wages, there is no cap. This means the plaintiff can recover as much money as is needed to cover all of these expenses.

Other types of damages may have caps depending on the specifics of the case. For example, in a medical malpractice case, if either the doctor or hospital where the negligent care was given were employees of the county or the state, liability is limited because of sovereign immunity. There are many nuances with damage awards, so it’s always a good idea to contact a wrongful death lawyer in Stuart, FL, right away.

Burden Of Proof

A wrongful death lawsuit is a civil issue, not a criminal one (though there might be criminal charges at some point as well). In a criminal case, you must prove your case beyond a reasonable doubt. When proving wrongful death which is more often a civil case, the standard is lower than and it’s not quite as difficult to prove your case.

Who Can File A Wrongful Death Suit?

In Florida, several different people are permitted to file a wrongful death suit. The decedent’s spouse, parents, and children can file a lawsuit. Additionally, any blood relatives or adopted siblings who were financially dependent, partially or in full, can file a wrongful death claim. If you’re in the Orlando area and you aren’t sure if you can file a wrongful death suit, contact wrongful death lawyers in Stuart, FL, for help.

Common Causes Of Wrongful Death Claims

To win a wrongful death case, you will need to prove that the defendant was negligent, regardless of the cause of death. Some of the most common causes of death in wrongful death claims include the following:

1. Medical malpractice
2. Birth injuries
3. Automobile accidents
4. Work accidents
5. Product defects
6. Abuse or neglect at nursing homes
7. Criminal activity, such as shooting or stabbing

Contact Us Today

If you have more questions or need dedicated wrongful death lawyer s in Stuart, FL, to help you, call 772-287-2600 . You can also easily schedule a free consultation online with our simple to use the contact form . We have successfully resolved hundreds of wrongful death cases over the years and can boast of many satisfied clients. You can always depend on Crary Buchanan for our honesty, trustworthiness, hard work, and experience. Call today.

The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not decide whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed, nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.

The post What Does Wrongful Death Mean? appeared first on Crary Buchanan .

What Does Employment At-Will Mean?

Mon, 12 Jul 2021 08:39:00 GMT

Most people have heard the term at-will employment and assume it means that your employer can fire you for absolutely anything. While this is partially true, it’s essential to know that there are still laws that employers have to follow in regards to at-will employees.

If you’re an at-will employee but you believe you’ve been wrongfully terminated, it’s essential to contact an employment law attorney in Stuart, Martin County , as soon as possible. Don’t hesitate to contact Crary Buchanan for all of your legal protections regarding your employment. Call 772-287-2600 today for a free consultation. You can also easily schedule a free case evaluation online with our simple to use the contact form .

What Is At-Will Employment?

When you’re an at-will employee, this means that your employer is permitted to terminate you at any time, without warning, for any reason as long as that reason is not prohibited by law. Regardless of how valuable you believe you are, or how good of a job you think you’re doing, your position is almost never safe when you’re an at-will employee. Additionally, an employer can fire you at any time for no reason. As an at-will employee, it’s also your prerogative to leave your job at any time without suffering any consequences.

Further, your employer is allowed to change the terms of your employment whenever they want to. For example, they can change your salary, benefits, or paid time off. Therefore, being an at-will employee affords you far fewer protections than if you are a contract employee. If you’re confused about your employment status, it’s a good idea to contact an employment law attorney in Stuart, FL.

Exceptions To The At-Will Presumption

Because of the harsh consequences of being an at-will employee, the courts have created three exceptions. If you’re able to show that you fall into one of these categories, you can show that you are not an at-will employee and that you cannot be terminated for any or no reason.

1. Public Policy

This is the most common exception to the at-will presumption. This exception protects employees against adverse employment actions that have a negative impact on public interest. For example, if an employee is terminated for filing a worker’s compensation claim, this is against the public interest and should be prohibited. The public policy exception is similar to the rules that prohibit an employer from retaliating against an employee.

2. Implied Contract

An implied contract is another exception to the at-will employment presumption. When an implied contract is created, an employee often has an expectation of a fixed term and believes the employer will not fire them unless there’s a legitimate reason to do so. Implied contracts can be created by oral assurances or by an employer’s handbooks, policies, or other practices. For example, if an employer routinely tells employees that they only fire people for cause, and the employee handbook says something similar, this may create an implied contract. However, courts generally fail to find an implied contract when the employer uses language that promises permanent or lifetime employment and will consider the employment to be at-will.

3. Implied Covenant Of Good Faith

Some states recognize an implied covenant of good faith as an exception to the at-will presumption. An implied covenant of good faith essentially fills in the gaps of a contract. Its purpose is to ensure that neither party will do anything to unfairly interfere with the other party’s rights to receive the benefits of the contract. When there is a question about employment that isn’t explicitly answered in the contract, some courts will find an implied covenant of good faith, and then the employee will have to establish that the employer did not act in good faith. If the courts find that the employer terminated an employee in bad faith or was motivated by malice, they may find that the termination was unlawful.

Statutory Exceptions To At-Will Employment

If you’re an at-will employee, your employer may be able to terminate you at any time, but it must not be for unlawful reasons. Unlawful terminations primarily occur as a result of illegal discrimination and retaliation.

1. Illegal Discrimination

Under state and federal law, it is illegal for an employer to discriminate against you on the basis of race, color, religion, sex , national origin, age, disability conditions, marital status, or whether or not you are a veteran. This means they cannot make any employment decisions based on these characteristics. Employment decisions include hiring, firing, promotions, benefits, and more. Just because you’re a member of a protected class doesn’t mean you can’t be fired. It simply means you can’t be fired because of that. If you’re not doing a good job, you can still be fired.

2. Retaliation

Federal and state laws make it illegal for an employer to fire you or take other adverse employment actions against you in retaliation for engaging in legal and protected activities. If you believe your employer has discriminated against you or someone else and you make a complaint, your employer is prohibited from retaliating against you by engaging in any type of adverse employment action against you, such as firing you or failing to promote you.

Contact Us Today

If you have more questions or want a dedicated employment law attorney in Stuart, FL, to help you, call 772-287-2600 . You can also easily schedule a free consultation online with our simple to use the contact form . We have successfully resolved hundreds of disagreements involving wrongful termination and other employment law issues over the years and can boast of many satisfied clients. You can always depend on Crary Buchanan for our honesty, trustworthiness, dedication, and experience. Call us today.

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What is a Trust in Florida?

Mon, 05 Jul 2021 06:40:00 GMT

Sometimes doing something a little more efficiently, takes a little planning, and that is where we typically stumble. When confronted with all of the things we need to deal with in our daily lives, particularly under tough economic circumstances, we do not always have the time to do that extra planning – even though it will ultimately save time in the long run.

That is to say that a little planning can go a long way with regard to your financial affairs. One of the best ways in which you can plan properly for the future is to consider creating a trust for some, or all, of your assets.

Why consider a trust? Because it allows you to layout precisely what should happen to your estate in the event an accident occurs in the future. It will ensure that you have established how your money will pass to your family after you pass away. In this article, we will talk about the use of Trusts in Florida as part of your estate planning.

If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact our wills and trusts attorneys in Stuart, FL , at our firm, Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Find a wills and trusts attorney in Stuart who is passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free consult online with our online contact form .

Some Basics About Trusts

A “trust” is a legal financial instrument that a person (called the “grantor”) can set up to manage his or her assets. You would set up a trust during your lifetime to make sure that the assets are used in the way that you desire. Once you, as the grantor, place your assets (or some portion of your assets) into the trust, a third party designated by you – called the trustee – manages those assets.

Trusts are typically used to pass on your assets to beneficiaries after you pass away. Why trust rather than a last will and testament? The benefit of trust over a will is that you can avoid considerable tax burdens , and avoid an arduous probate process. That is because the assets in the trust can go directly to your beneficiaries upon your death, rather than through probate.

Now, with regard to trusts, there are two main types – revocable trusts (also called “living trusts”) and irrevocable trusts. Let’s talk about revocable trusts first.

A Revocable Trust – You Can Change the Terms

The benefit of a revocable trust is that the terms of the trust – i.e., the instructions you place on the management of the trust at creating – can change at any time. With a revocable trust, you can change beneficiaries, add new beneficiaries, and alter the instructions on how the assets in the trust are managed.

While having such flexibility with a trust sounds great, there is a catch. A revocable trust has a few disadvantages compared to an irrevocable one.

1. No shield from creditors . Given that the grantor retains control over the trust assets, that means that creditors can access the trust funds to settle debts.

2. Assets still subject to taxes . Assets held in a revocable trust are also subject to state and federal taxes when the grantor of the trust dies.

An Irrevocable Trust – You Normally Cannot Change the Terms

As the name suggests, and in contrast to revocable trusts, an irrevocable trust cannot be changed after it is created. Also, unlike a revocable trust, the grantor of the trust loses all right to ownership and, essentially, all control of the assets in the trust. Only in rare circumstances can a grantor make changes to an irrevocable trust.

Why would you want such a strict trust, in which you basically lose control over the assets? The answer is easy – taxes. The assets in an irrevocable trust are removed from the grantor’s estate. Thus, those assets are no longer subject to taxes upon the grantor’s death.

Overall, either an irrevocable or revocable trust is challenging to create. You need qualified wills and trusts attorneys in Stuart, FL to assist you.

Find an Experienced Wills and Trusts Attorney in Stuart – Call Crary Buchanan

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury and wills and trusts law. You can depend upon our 85 years of experience in the Florida legal industry.

Our legal team is passionate about maintaining the high standards of professionalism and legal service that were established and practiced by founding attorneys Evans Crary Sr. and Evans Crary Jr. Evans Crary Sr. began his law practice in Stuart in 1927 at a time when Martin County was only two years old. He became a municipal judge at the age of 25 and served as County Attorney for 23 years.

During his time as County Attorney, he was elected to represent Martin County in the Florida Legislature. In 1945 he was elected to the Florida House of Representatives. He served in the House for nine years and even served as Speaker of the House before he went on to become a member of the Florida Senate. Today, the Crary Buchanan law firm continues to practice the example of integrity, professionalism, energy, and devotion that was clearly illustrated in the lives of both Evans Crary Sr. and Evans Crary Jr.

Our clients are more than case numbers; they are people. We recognize that you are an individual with unique needs and expectations. Our team is here to meet your need and exceed your expectations. When you work with us, you can have confidence that a caring legal advocate is on your side.

If you have more questions or want a dedicated car accidents lawyer in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

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Things to Remember When Negotiating a Commercial Lease

Mon, 21 Jun 2021 09:59:00 GMT

Negotiating a commercial lease can be difficult. While there are many honest and dependable landlords out there, it’s not uncommon to cross paths with ones who try to sneak something into the lease that just simply isn’t good for you. If you need help reviewing a commercial lease or need some guidance regarding negotiations, it’s in your best interest to contact a commercial lease dispute attorney in Stuart, Florida . Crary Buchanan has your best interest at heart. Call 772-287-2600 to schedule a consultation or contact us online with our easy-to-use form .

Important Elements of a Commercial Lease

In order to make sure you’re negotiating a good commercial lease, it’s important to have some knowledge about commercial leases in general. You want to make sure you understand each and every provision in the lease, as well as what exactly needs to be done to ensure that the lease is valid. The following are some essential things to keep in mind as you are trying to negotiate a commercial lease agreement.

1. Letter Of Intent

One of the first steps in creating a valid commercial lease can be a document referred to as a letter of intent. The letter of intent is generally used to let the property owner know that you are interested in leasing their property. The letter of intent is a preliminary agreement that outlines the major points that will be included in the lease. It won’t be nearly as detailed as the final lease. For example, the letter of intent might outline how you intend to use the property. It’s essentially a starting point for negotiations. While the letter of intent is important, this document alone does not create a binding lease, nor is it a secured document.

2. Know What The Property Is Worth

Before you can successfully negotiate a commercial lease, it’s a good idea to know what the property’s rental value is. What are other similar properties renting for in the area? Is there work that needs to be done before you can start using the property? Is the property in an already developed neighborhood or an up-and-coming one? All of these questions are important to consider.

3. Know Your Worth

In addition to knowing what the approximate rental cost should be, it’s also crucial to be able to articulate what you bring to the table as a tenant. Property owners are studying you just as much as you’re vetting their property. It’s a good idea to outline all of the good things about you and your background when you begin negotiation with a property owner. For example, do you have good credit? Can you provide solid references? How long do you wish to rent the property? What is the current leasing market like? All of this information will be important when you’re trying to negotiate the terms.

Familiarize Yourself With Terms

Once you know what you’re looking for and what you bring to the table, it’s also important to familiarize yourself with some standard terms and phrases. If at any point you’re confused, or you just want the help of an experienced commercial lease attorney in Stuart, FL, please don’t hesitate to reach out to us.

1. Lease Net

Net refers to an agreement where the tenant pays for some or all of the operating expenses such as taxes utilities insurance. If you sign a net lease, it’s important to make sure you understand what expenses will be your responsibility and that you’re able to oversee certain things to ensure that the landlord is charging you fairly.

2. Improvement Allowance

An Improvement allowance is the amount of money a property owner is willing to spend on improvements. In a market where property owners are having difficulty renting their units, it’s much more likely that you will be allotted an improvement allowance. If the market is competitive and many people are trying to rent the same space, this may not be an option.

3. Renewal Rights

Renewal rights refer to your option to renew the lease at the end of the term. The last thing you want to do is to rent a place, get everything set up, and have to move out shortly after you’ve become successful because you didn’t correctly negotiate renewal rights. You don’t want to wind up spending a lot of money all over again to negotiate a new and different lease.

We Can Help

If you’re in the process of negotiating or signing a commercial lease, you must know precisely what needs to be done and what needs to be in the lease to make sure you are protected. We want to do everything we can to make this process as easy as possible for you.

Sometimes a landlord will try to sneak things into the lease that are not to your benefit. That’s where we come in. If you need a commercial lease attorney in Stuart, FL, we can help. Crary Buchanan is a general practice law firm dedicated to providing quality legal services in the state of Florida. Our lawyers have significant legal experience in practically every major area of the law, and many of our associates are Board Certified by the Florida Bar in their areas of expertise. That breadth of legal experience, coupled with years of history in our community, means Crary Buchanan attorneys are miles above the rest.

If you have more questions or need help with any commercial lease matters, call 772-287-2600 or schedule a consultation online with our easy-to-use contact form . We have successfully helped hundreds of people negotiate commercial leases. You can always depend on Crary Buchanan for our honesty, hard work, experience, and trust. Call today.

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What Options Are There for Debt Relief?

Mon, 14 Jun 2021 08:46:00 GMT

There’s no question that too much debt is a significant problem in the United States today. The emergence of the global pandemic in 2020 certainly didn’t help. Many people lost their jobs and struggled to keep the lights on and put food on the table for their families. In many cases, this world crisis caused people to incur even more debt than they previously had.

In this article, we are going to discuss the various options available to you in order to get out of debt. If you’re looking for ways to manage your debt more efficiently and you are searching for qualified debt relief lawyers in Stuart , Fl, call Crary Buchanan today and we will explain your options. We can help you come up with a plan to get out of debt as quickly as possible.

Ways To Get Out of Debt

There are a number of ways to limit or even eliminate your debt. Let’s cover some of them here.

1. Debt Consolidation

If you have many different types of debt, it can be helpful in some circumstances to consolidate all of those debts into one monthly payment. Generally speaking, when a person consolidates their debt, they are essentially taking on a newer and more manageable debt in order to pay their current one. This can be helpful if the new loan is at a lower interest rate. Ideally, the lower interest rate means you will ultimately pay back less money, and the convenience of only having one monthly payment can often mean fewer late payments. Therefore, you will pay less in late payment penalties. Those late fees can add up, so one monthly payment and fewer late fees can certainly be helpful.

2. Budgeting

The FTC recommends practical budgeting techniques and plans. Determine how much money you make and how much money you spend. In order to know where you can make changes, it’s crucial to figure out where every last dollar is going. Even the small purchases add up, so make sure you have a good way to keep track of every dollar you spend.

3. Debt Settlement

Debt settlement is a negotiation with your creditors to reduce or forgive a portion of your debt. If it has gotten to the point that you owe so much money and it just seems insurmountable, debt settlement might be a good option for you. The most important thing you can do is to enter into negotiations with creditors before they file any lawsuits against you and prior to them sending your debt to a collection agency, which can have a severe negative impact on your credit score and your ability to borrow money in the future.

The best way to negotiate with creditors is to have an experienced attorney do it for you. A lawyer can work out a payment plan with your creditors, and they can even get the creditors to agree to accept a smaller amount of money paid in exchange for wiping away the rest of your debt. This is a win-win: the creditor gets some of the money you owe them, and you are able to pay a smaller amount and start over with a clean slate.

Getting Help from a Lawyer Rather than a Debt Relief Company

Debt relief scams are becoming more prevalent, making it even more important that you find an attorney who can help, rather than a debt relief company. If you end up being scammed by a debt relief company, you can wind up being even further in debt and losing substantial amounts of money.

If you are working with a debt relief company and they make you promises or guarantees to settle all of your debt for half of what you owe, you should be very skeptical and possibly avoid that company. Additionally, there are specific rules that debt relief companies must follow. The FTC has prohibited these companies from collecting a fee from you in advance of settling any of your debts, so if a company tries to do this, you should absolutely avoid working with them.

Other Important Things to Note About Debt Settlement

One of the most significant downsides of debt settlement is that any amount of debt that a creditor forgives is viewed as income by the IRS. This means you will be taxed on that money as if you had actually earned it. This is problematic because most people struggling with debt will not have the money to pay these taxes to the IRS.

Another downside is the possibility that your credit will be damaged in the process of debt settlement. Damaged credit can make it harder and more expensive to borrow money. It can also make it more difficult to get approved for a place to live or to even get utility services without paying a deposit. However, if you have no other options and just cannot get out of debt otherwise, this might be something you need to deal with. Over time, you can work to improve your credit score as you become free and clear of your debts.

Bankruptcy

If you feel like you’re drowning in debt and you’ve explored all of your other available options, bankruptcy might feel like the only thing left to do. While filing for bankruptcy can be helpful in some circumstances, it can also have many negative consequences, so it’s important to make sure you’ve explored all of your options and the possibilities available to you. Before you decide that bankruptcy is the final choice, reach out to experienced debt relief lawyers in Stuart, Fl.

Let the Professionals at Crary Buchanan Help You

It can be challenging to determine which choice is best for you. Being in debt is scary and sharing your struggles can make you feel very vulnerable and even foolish, but you have nothing to be ashamed of. The most important thing is to get your debt under control. The decisions you make are very personal ones, and the best option for one person might not be a good option for another. Let us help you. At Crary Buchanan, we have experienced and compassionate attorneys who can help you figure out the best plan of action.

If you have more questions or you’re looking for debt relief lawyers in Stuart, FL, contact us at 772-287-2600 . You can also easily schedule a fast and free consultation online with our simple-to-use contact form . We have successfully resolved hundreds of negotiations involving debt relief and forgiveness over the years and can boast of many satisfied clients. You can always depend on Crary Buchanan for our honesty, trustworthiness, hard work, and experience. Call us today.

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What are the Types of Bankruptcy Under Florida Law?

Mon, 07 Jun 2021 08:30:00 GMT

Bankruptcy is generally a last resort for people who are struggling to deal with debt. It allows people or companies to eliminate or repay some or all of their debt and start fresh without the burden of overwhelming debt.

The right to file for bankruptcy comes from federal law, and while it might not be ideal, it can be a good decision for many people. If you’re struggling with debt and you think bankruptcy might be the best option for you, don’t hesitate to reach out to us. At Crary Buchanan, we have some of the best bankruptcy lawyers in Stuart, FL .

Most Common Types of Bankruptcy In Florida

Chapter 7

Chapter 7 is a legal procedure that allows a person’s debts to be discharged after their non-exempt assets have been liquidated. The first step to filing for Chapter 7 bankruptcy is to file a petition with the appropriate bankruptcy court. Additionally, you must file the following items with the court:

1. Schedule of assets and liabilities
2. A schedule of monthly income and expenditures
3. A statement of your financial affairs, and
4. A schedule that includes your executor contracts and unexpired leases

If you are an individual debtor and your debt primarily consists of consumer debt, you must also file a certificate of credit counseling.

To file for Chapter 7 bankruptcy in Florida, a person must either be a permanent resident of Florida or own property in Florida. One of the primary purposes of Chapter 7 is to allow people to start fresh and get back on their feet. In 2005, amendments to the Bankruptcy Code implemented a means test to ensure that wealthier individuals don’t take advantage of the system and have their debts discharged unnecessarily. While it’s still possible for wealthier individuals to file for Chapter 7, the amendment has made it more difficult.

The Means Test

When filing for Chapter 7 bankruptcy in Florida, there is a presumption of abuse that you have to overcome to file for bankruptcy successfully. To overcome this presumption, you have to pass the Bankruptcy Means Test. You can do this in the following ways:

First, you can show that your income is below the median income in Florida. The income limit changes depending on your family size. For example, as of May 1, 2021, if you’re single and live alone, the monthly limit is $4,431.83, and the annual limit is $53,182. In contrast, if your family size is 5, the monthly limit is $7,850.25, and the annual limit is $94,203.

If, however, you make too much money to qualify automatically, the second way to pass the Means Test is to go through a more rigorous process. To qualify this way, you will be comparing your monthly income to your household expenses. If you don’t qualify for the Means Test based on monthly income, it’s probably a good idea to hire bankruptcy lawyers in Stuart, FL, who can help you determine your eligibility.

If you aren’t eligible for Chapter 7 bankruptcy, you can look into other types as well.

What Happens If You’re Eligible For Chapter 7?

After you file your petition with the court, the trustees will hold a meeting of creditors, usually no more than 40 days later. You will be under oath, and the trustees and your creditors will ask you questions about your current financial situation and why you’re filing for bankruptcy. It is rare, however, for a person’s creditors to attend, so it may end up just being the trustees. This is usually the only meeting or court attendance you will have to appear for.

Chapter 13

Chapter 13 bankruptcy is also known as Adjustments of Debts of an Individual with Regular Income. It is also referred to as a reorganization. Generally, individuals file for Chapter 13 bankruptcy in an attempt to catch up on a missed mortgage and car payments.

If you successfully file for Chapter 13, your debts are not immediately discharged like they are under Chapter 7. The goal here is to create a plan to repay your debts over the course of three to five years and then have some of your debts discharged once this goal is met. If your repayment plan meets all of the requirements, the payments you make will be distributed to creditors by a Chapter 13 trustee.

After you successfully complete your payment plan, you will have your debts discharged. While this payment plan is in effect, you are protected from lawsuits being filed against you by your creditors, and your wages cannot be garnished.

The Process of Filing For Chapter 13

The first step in filing for Chapter 13 bankruptcy is to file a petition with the court. Additionally, you are also required to file schedules, a statement of your financial affairs, and a counseling certificate. In place of filing a statement of current monthly income and the Means Test calculation, you are required to submit a statement of current monthly income and calculation of commitment period and dispensable income. You must also submit a plan proposing how and when you will pay each creditor.

Once you’ve made all payments in accordance with your approved payment plan, you are entitled to have your debts discharged. In the meantime, you are not permitted to take on any new debt without the approval of your trustee.

Debts that will not be discharged under Chapter 13 include:

1. Alimony
2. Child support
3. Some taxes
4. Debts incurred due to death or personal injury caused by driving under the influence
5. Debts for restitution or criminal fines included in the sentencing of a crime

Any creditors who have been paid in full or in part under this plan will no longer be able to collect money or initiate any legal action going forward.

We Can Help

Being in a position where you have to file for bankruptcy can be a vulnerable and scary time. We want to do everything we can to make this process as easy as possible for you. Some of the bankruptcy laws, especially since the amendment was implemented, can be confusing. That’s where we come in.

If you need bankruptcy lawyers in Stuart, FL, we can help. Crary Buchanan is a general practice law firm dedicated to providing quality legal services in the state of Florida. Our lawyers have significant legal experience in practically every major area of the law, and many of our associates are Board Certified by the Florida Bar in their areas of expertise. That breadth of legal experience, coupled with years of history in our community, means Crary Buchanan attorneys are miles above the rest.

If you have more questions or need help with any bankruptcy matters, call 772-287-2600 or schedule a free consultation online with our easy-to-use contact form . We have successfully helped hundreds of people file for bankruptcy and get their finances back on track. You can always depend on Crary Buchanan for our honesty, hard work, experience, and trust. Call today.

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Do I Have an Employment Discrimination Claim?

Mon, 31 May 2021 05:20:00 GMT

Sadly, discrimination in the workplace is an all-too-common occurrence in our country. There are, however, a number of employment laws that protect workers who may be facing sexual harassment or workplace discrimination based upon a protected characteristic like race or gender.

In this article, we are going to discuss what types of workplace conduct is, and what type of conduct is not, considered actionable workplace discrimination. If, after reading this article, you have more questions about your own situation, then we invite you to call us at Crary Buchanan . At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our employment lawyers in Stuart, FL are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate consult online with our online contact form .

Federal Anti-Discrimination Laws

At the federal level, a number of laws were implemented as a way to protect people from discrimination. Some of the most relevant anti-discrimination laws include the following:

1. Title VII, Civil Rights Act of 1964 : This act made it unlawful for an employer to discriminate against a person on the basis of race, religion, color, national origin, or sex.
2. Pregnancy Discrimination Act : This act made it illegal to discriminate against women due to pregnancy or childbirth. Additionally, it is unlawful to discriminate against a woman for a medical condition relating to pregnancy or childbirth.
3. Equal Pay Act of 1963 : It is unlawful to pay men and women different wages if they are doing the same job in the same workplace.
4. Age Discrimination in Employment Act : This act makes it illegal to discriminate against a person due to their age, as long as the person is 40 years of age or older.
5. Americans With Disabilities Act : This act makes it illegal to discriminate against people with qualifying disabilities. This applies to the private sector as well as state and local governments.

O nly Certain Employers are Subject to Anti-Discrimination Laws

In order to be subject to federal anti-discrimination laws, an employer must have 15 or more employees, with certain exceptions.

Specifically, an employer is not subject to age discrimination claims unless they have 20 or more employees. Also, an employer is subject to citizenship and immigration anti-discrimination laws if they have four or more employees. All businesses must pay women and men equally if they provide the same services in the same workplace, regardless of the number of employees.

Florida’s state anti-discrimination laws apply to all employers who have 15 or more employees.

Florida State Anti-Discrimination Law

In addition to the federal l aw discussed above , Florida has its own anti-discrimination act, the Florida Civil Rights Act (FCRA). The FCRA was implemented to protect people based on the following categories:

1. Race
2. Color
3. Religion
4. Sex
5. National origin
6. Age
7. A Handicap
8. Marital status

An employer is not allowed to fire or refuse to hire an individual, or otherwise discriminate against any individual concerning compensation, terms, conditions, privileges, or employment based on the above characteristics.

Additionally, the FCRA prohibits employers from limiting, segregating, or classifying employees or potential employees in any way that would deprive or tend to deprive any individual of employment opportunities or adversely affect any individual’s status as an employee on the basis of any of the above characteristics.

If your employer makes an employment decision based on any of the above factors, it is illegal, and you likely have an employment discrimination claim. For example, if your employer fires you because of your religious beliefs, that is illegal. These protections also apply to prospective employees. It is unlawful and in violation of the FCRA to not hire someone because they’re too old.

Keep in mind that it may be a violation of anti-discrimination laws if a current or potential employer asks you any of the following questions during an interview:

1. How old are you?
2. Are you married?
3. Where were you born?
4. Are you a member of a minority group?
5. Do you have any handicaps or disabilities?
6. Are you pregnant?
7. Do you plan on becoming pregnant in the future?
8. Are there any religious holidays that you will need to miss work for?

Keep In Mind, Not Everything Falls Under the Umbrella of Discrimination

If an employer is interviewing people for a potential job and decides that they won’t hire anyone unless they’re wearing green shoes, that would be unusual, but it would not be considered discrimination that violates the law.

While it seems to be discrimination that would not be permitted, it is not illegal because it is applied equally to everyone, and the employer is not discriminating on the basis of a protected class . If you believe you’re being discriminated against by an employer or a potential employer, please reach out to an employment lawyer in Stuart, FL.

Let Us Help You Evaluate Whether You May Have an Employment Claim

If you have more questions or want a dedicated employment lawyer in Stuart, FL, to help you, call 772-287-2600 . You can also easily schedule a free consultation online with our simple to use the contact form . We have successfully resolved hundreds of disagreements involving discrimination issues over the years and can boast of many satisfied clients. You can always depend on Crary Buchanan for our honesty, trustworthiness, hard work, and experience. Call today.

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What Are the Most Common Legal Construction Disputes?

Mon, 24 May 2021 05:50:00 GMT

It’s probably not surprising that there are a lot of legal disputes surrounding the construction industry. Whether it’s a contract issue, or a problem with the quality of the work, the issues can sometimes feel endless when you’re dealing with work in the construction field. In this post, we will share the most common legal disputes and offer guidance as to when it might be a good idea to hire a construction dispute lawyer in Stuart, Fl .

Some of The Most Common Legal Construction Disputes

1 . Contract Disputes

Contract disputes are quite prevalent in the construction industry. Many potential issues can arise in terms of contract breaches. One of the most frequent contract disputes is when a client believes that the builder hasn’t finished the work on time. Despite a contract that spells out clearly an agreed-upon timeline, the work goes on well past that deadline. This can be problematic for many reasons.

Other than the fact that there is an agreement that isn’t being adhered to, it might cause serious issues with a person’s housing. Suppose someone has found accommodations for housing during the time of the construction. In that case, they might end up not having a stable place to live if the contractor doesn’t finish on time.

On the other hand, if a builder rushes a project simply to meet a deadline, that also isn’t ideal either. When work is rushed, it’s much more likely that mistakes will be made. It’s also possible that you hired someone to do work for your business that can’t open until the work is complete.

When a contract is breached and the contractor doesn’t complete the work on time, this can create huge problems, including significant stress and substantial financial loss.

2 . Construction Defect Claims

This claim arises when the work completed is not satisfactory and the quality is not what was agreed to or expected. There are two types of common construction defect claims, patent and latent.

A patent issue is one that is obvious and readily apparent. A latent issue is something less obvious that the client may not be aware of right away.

The latent matters can be especially problematic because they usually become an issue after the work is already completed. Trying to get a contractor to fix something once they’ve already moved onto another project can be very difficult.

Some of the most common latent issues include insufficient foundation, using under-strength materials, and defective water proofing, which often leads to serious water damage and mold. If something like that arises, it’s probably your best bet to get help from a professional. If you’re looking for a construction dispute lawyer in Stuart, Fl, Crary Buchanan is always available to help.

3 . Code Violations

Code violations are in a category similar to construction defect claims. When you hire a contractor, it’s his or her job to make sure that everything he does follows the proper code regulations. If they’ve spent time building or installing something and it doesn’t pass an inspection, problems can arise. Sometimes contractors don’t want to spend the extra time and money fixing the mistake even though they’re the ones who caused it.

Code violations are some of the most serious issues a building contractor has to deal with, so it’s crucial to make sure you have an experienced lawyer on your side if this type of problem occurs.

4 . Design Negligence

When hiring a contractor, it’s important to be very detailed about your expectations regarding design. If the design isn’t up to par, then it is inevitable that you will be unhappy with the final product, especially if there was an explicit agreement about a particular plan. If the final result is wrong, it can lead to severe problems and defects in the construction, not just a dislike of how the project turned out.

5 . Disputes Over Payment

No matter how detailed your contract is, it’s always possible that there will be disputes over payments. This can occur if you end up with a dishonest contractor or if there is more work needed than initially thought.

Disputes Are Probably Inevitable

Some professionals are better than others, but it’s likely that no matter how good and honest they are, some type of dispute will come up. Having a legal professional to talk to before it gets out of hand can be very beneficial.

Construction disputes can take a long time to resolve, and there can be significant costs, especially if the situation needs to be resolved in court. If you’re in a dispute that can’t be resolved without outside help, or you think a conflict may spiral out of control in the near future, you will want to find a construction dispute lawyer in Stuart, FL. If you’re not sure what to do, please reach out to us at Crary Buchanan .

Crary Buchanan is a general practice law firm dedicated to providing quality legal services in the state of Florida. Our lawyers have significant legal experience in practically every major area of law, and most of our associates are Board Certified by the Florida Bar in their areas of expertise. That breadth of legal experience, coupled with years of history in our community, means Crary Buchanan attorneys are miles above the rest.

If you have more questions or want a dedicated construction dispute lawyer in Stuart, FL, to help you, call 772-287-2600 or schedule a free consultation online with our easy to use contact form . We have successfully resolved hundreds of disagreements involving legal construction disputes over the years and can boast of many satisfied clients. You can always depend on Crary Buchanan for our honesty, hard work, experience, and trust. Call today.

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How to Avoid Phone Scams?

Mon, 17 May 2021 05:51:00 GMT

Phone scams are common and, sadly, older people are often the target of those scams. Scam artists prey on the elderly and take advantage of the fact that many are still very unfamiliar with the newest technology and the common tricks that can be used to scam them.

Accordingly, this article will provide information on phone scams and how to avoid them. If you have questions or know someone who may need an elder abuse lawyer in Stuart, Fl , we can help.

What is a Phone Scam?

A phone scam is a type of fraud where someone tries to acquire money and/or personal information from someone illegally over the phone. These calls can come from real people, but sometimes they come from robot calls and text messages as well.

What Are Some of the More Common Phone Scams?

In order to avoid being a victim, it’s important to know what some of the most common scams are and how to spot them:

1. Pretending to Be an Employee from Your Bank

One type of phone scam occurs when someone calls a senior citizen and claims to be an employee from their bank. The scammer usually has just enough information to convince the person that they do, in fact, work for their bank.

The next step is to tell the senior citizen that their bank account has been compromised. They say that an employee of the bank will be over shortly to pick up the debit and credit cards from the compromised account and will return the cards once a new, safe account has been opened.

Once the cards are picked up, the scammer either withdraws money from an ATM if they can secure the PIN number or they make purchases using the credit card.

2. Threatening Calls From “The IRS”

Threatening calls from the IRS are widespread, particularly during tax season. Someone calls and pretends to be an employee of the IRS. They usually say that you owe money, and if you don’t pay immediately, you will be sued and/or arrested.

These phone calls can seem very legitimate. The scammer often provides a badge number and information that sounds very official. Don’t be fooled, however. The IRS will never contact you over the phone. Typically, the IRS will send you information through the U.S. Mail – not by phone, not by email (unless you already consented), and not by text.

3. Sick or Injured Family Member

Scammers often call elderly people and tell them that one of their family members is sick or injured, or has been arrested. They might ask for bail money to help get them out of jail or money for a family member’s medical bills. The scammer will ask for payment to be made immediately over the phone.

4. Lottery Calls

Many phone scams start by telling you that you’ve won the lottery. Before you can collect your money, the scammers will often say that you have to pay taxes or certain fees in order to collect your winnings.

Then, they ask you for your credit card or bank account information to make these payments before you receive your “prize.”

How to Avoid Phone Scams

The first thing you need to do to avoid a phone scam is to be aware of them. Yet, there are some other steps you can take to try to avoid these phone calls, as well:

1. Put your phone number on the FTC’s national do not call registry. While this won’t stop scammers from contacting you, it will prevent legitimate telemarketers from reaching out to you. This means that if you get a phone call about someone selling something or asking for money, you will know that it’s most likely not legitimate.
2. Hang up the phone if it’s from a recording and not a real person
3. If you aren’t sure if it’s a scam, ask questions. Most legitimate telemarketers will happily answer your questions. The scammers will often get annoyed and angry when you question them, so if this happens, it might be a sign that you want to hang up the phone.
4. Don’t answer phone calls from unknown numbers. If it’s an important phone call and you don’t answer, they will leave a message.
5. Many smartphones now have a feature that can even alert you to a suspicious phone call. Make sure that feature is turned on.
6. Never provide personal information over the phone to anyone unless you’re absolutely certain who they are. Many scammers will ask for your bank account number, social security number, or credit card number. Never provide this information to someone who calls you and asks for it. Do your research first.
7. Never use the word “yes” unless you know that the call is legitimate. A lot of phone scammers will record the call and you saying yes, and then use that phrase to make it seem like you agreed to something you had no intention of agreeing to, using your words for fraudulent activity. Many scammers will start by asking, “can you hear me?” in the hopes that you will reply yes. If you get a call and it starts that way, hang up immediately.
8. Always report suspected phone scams to the Federal Trade Commission. You can do this online or by calling 877-382-4357 .

At Crary Buchanan, We Can Help

If you find yourself the victim of one of these types of phone calls, just hang up the phone immediately. There’s no point in trying to reason with the person on the other end of the call. If you have an older parent or family member, make sure you talk to them about the types of phone scams that are common so they know what to avoid. If they’ve been the victim of one of these scams and need an elder abuse lawyer in Stuart, Fl, we can help.

Crary Buchanan is a general practice law firm dedicated to providing quality legal services in the state of Florida. Our lawyers have significant legal experience in practically every major area of the law, and many of our associates are Board Certified by the Florida Bar in their areas of expertise. That breadth of legal experience, coupled with years of history in our community, means Crary Buchanan attorneys are miles above the rest.

If you have more questions or want a dedicated elder abuse lawyer in the Stuart, FL area to help you, call 772-287-2600 or schedule a free consultation online with our easy-to-use contact form . We have successfully protected hundreds of people from phone scammers and identity theft. You can always depend on Crary Buchanan for our honesty, hard work, experience, and trust. Call today.

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What Are the Most Common Causes of Car Accidents?

Mon, 10 May 2021 05:51:00 GMT

People use vehicles almost every single day. They drive them to work, school, shopping, doctor’s offices, restaurants, and on vacations. There are a lot of cars on the roadways at the same time. This inevitably leads to car accidents.

While car accidents can occur for a varying number of reasons, some are more common than others. The main theme with most of the causes of vehicle crashes is human error. People make mistakes, are distracted, and make bad decisions. It is no surprise that almost everyone will have a car accident in their lifetime. In fact, there are over 395,000 car accidents in Florida every year.

This article will discuss some common causes of car accidents. Most of them will not surprise you. It is unfortunate that people are negligent and oftentimes even reckless on the roadways since this leads to others being injured with which can result in a lifetime of pain and suffering. If you have been injured by a negligent driver, call car accident attorneys in Stuart for help.

If, after reading this article, you have additional questions about your own situation, then we welcome you to car accident attorneys in Stuart, FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our car accident attorneys in Stuart, FL are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate consult online with our online contact form .

1. Speeding odsa22

It can be commonplace for people to speed when they drive. There is an amount over the speed limit that most people feel comfortable going without fear of a ticket or an accident. However, speeding is one of the top causes of vehicle accidents.

Speed limits are put in place to make sure people can travel the road safely and arrive at their destination in a safe and timely manner. Different roadways have different safety concerns.

There are people that we may consider “normal” speeders, you know the people that go 5 mph over the posted speed limit, and then there are the speeders that we all see flying by us like we are standing still when we drive. Both types of speeding contribute to accidents. The driver weaving in and out of traffic going incredibly fast may stand out as the more dangerous one, but accidents happen because of both.

2. Distracted Driving

People who drive while distracted are a major danger to others on the roadways. They cause a lot of accidents and injuries. Nowadays people are constantly looking at their cellphones, even while driving. We have all seen it, people going by in another car with their arm out with their cell phone in it and looking down or typing on it. This is a common cause of car crashes. If you have been injured by someone driving while distracted, then contact the car accident attorneys in Stuart.

3. Driving Under the Influence

Impaired drivers account for many car accidents. DUI laws are stringent, but people still do it. And some people think they are just a little tipsy and not drunk so they are okay to drive. Or, they think that they are only taking prescription medication, and not illegal drugs, so they are safe on the road. This isn’t the case.

Driving while under the influence of drugs or alcohol slows reflexes, impacts vision, and decision-making skills among other things. It is an extremely dangerous thing to do and is a common cause of accidents that result in deaths and serious injuries. If you have been injured due to someone who was driving under the influence call car accident attorneys in Stuart for help.

4. Falling Asleep While Driving

Many people drive while they are tired. It may be that they are up late and driving home from a long work shift. Or, they are rising early to get to work or to school. People lead busy lives and that often means very little sleep.

Unfortunately, this means many people are on the roadways while they are exhausted. It is not uncommon for people to nod off while driving. This leads to accidents.

The Car Accident Attorneys in Stuart, Florida Will Help You With Your Accident Case.

At Crary Buchanan , we are committed to providing clients with exceptional service in every aspect of premises liability and personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

Our legal team is passionate about maintaining the high standards of professionalism and legal service that were established and practiced by founding attorneys Evans Crary Sr. and Evans Crary Jr . Evans Crary Sr. began his law practice in Stuart in 1927 at a time when Martin County was only two years old. He became a municipal judge at the age of 25 and served as County Attorney for 23 years.

If you have more questions or want a dedicated premises liability and personal injury attorney in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post What Are the Most Common Causes of Car Accidents? appeared first on Crary Buchanan .

Florida Leads Country in Pedestrian Deaths

Mon, 03 May 2021 05:48:00 GMT

Florida ranks number one in the country for pedestrian deaths. More people in Florida are hit by cars and killed than anywhere else. Florida’s climate and vacation areas mean many people are outside walking to their destinations throughout the year. More people walking leads to more people getting injured when cars strike them.

But it is more than just the larger number of people outside that makes Florida number one on this list. Research shows that streets are being designed to hold more cars which allows people to drive faster and makes them less safe for pedestrians.

More people hit by cars means many serious injures for pedestrians. Some of these injuries do lead to death, while other pedestrians recover and are left with lasting injuries and medical bills. Call serious personal injury attorneys in Stuart if you or someone you know has been injured in a pedestrian accident .

If, after reading this article, you have additional questions about your own situation, then we welcome you to serious personal injury attorneys in Stuart, FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our serious personal injury attorneys in Stuart, FL are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate consult online with our online contact form .

1. Florida’s Top Ranking

Florida has consistently ranked at the top of the list for pedestrian deaths by Smart Growth America, an organization that studies pedestrian safety. They use a Pedestrian Danger Index (PDI) to determine which states are most dangerous for pedestrians.

Between 2010 and 2019 there were 5,893 pedestrian deaths in Florida . To put that number in perspective, the number two state on the list for pedestrian deaths is Alabama. Between 2010 and 2019, Alabama had 936 pedestrian deaths. In other words, Florida had 4,957 more pedestrian deaths than the number two state on the list of highest deaths.

These numbers track deaths, but it also means there extremely high numbers of pedestrians injured by vehicles. Many injuries experienced in pedestrian accidents are the fault of the driver of the vehicle. When that occurs, the negligent driver needs to compensate the injured pedestrian. Serious personal injury attorneys in Stuart can help get the compensation needed.

Florida’s PDI in 2019 was 182, and currently, in 2021 it is 201.4 . So, the danger to pedestrians is increasing instead of decreasing. That means it is important to be aware of the dangers of crossing any roadway where vehicles are present.

2. What Counties and Communities are More at Risk?

The study also looks at metro areas and ranks them. Florida accounts for 9 of the top 13 metro areas for pedestrian deaths. They are as follows with the ranking listed:

1. Orlando-Kissimmee-Sanford, Florida;
2. Palm Bay-Melbourne, Titusville, Florida;
3. Deltona-Daytona Beach-Orman Beach, Florida;
4. North Port-Sarasota-Bradenton, Florida;
5. Tampa-St. Petersburg-Clearwater, Florida;
6. Lakeland-Winter Haven, Florida;
7. Jacksonville, Florida;
8. Cape Coral-Fort Myers, Florida; and
9. Miami-Fort Lauderdale-West Palm Beach, Florida.

Statistically, the elderly, people of color, and people walking in lower-income communities are more at risk for pedestrian accidents and death. Smart Growth America finds that since people ages 75 and older are killed more often than younger people, that streets need to be designed better and accordingly accommodate a population group that may have some issues with seeing, hearing, and mobility.

Far too many people in Florida are injured and killed in pedestrian accidents. Negligent drivers have to be held accountable for their actions and their inattention. Anyone with injuries needs to consult serious personal injury attorneys in Stuart to discuss compensation.

Serious Personal Injury Attorneys in Stuart, Florida Will Help Compensate You for Injuries in Pedestrian Accidents.

The post Did You Know that Florida Leads the Country in Pedestrian Deaths? appeared first on Crary Buchanan .

Understanding the Differences Between a Chapter 7 and Chapter 13 Bankruptcy

Mon, 26 Apr 2021 06:08:00 GMT

Bankruptcy may come to mind for people when they are wondering how to deal with bill collectors, foreclosures, wage garnishments, or crushing debt. It may interest you to know that there are different types of bankruptcy, and your specific situation determines which one is right for you.

The two most common types of bankruptcy for individuals are Chapter 7 and Chapter 13 . They are vastly different and often people consider both options before making a final decision on what is best for them. Bankruptcy lawyers in Stuart can explain the differences to you.

If, after reading this article, you have additional questions about your own situation, then we welcome you to contact bankruptcy lawyers in Stuart, FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our bankruptcy lawyers in Stuart, FL are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate consult online with our online contact form .

1. What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy is a liquidation bankruptcy. There are laws for Chapter 7 which govern how much of your debt is liquidated, but generally, all unsecured debt like credit cards and medical bills will be discharged. Anyone filing for Chapter 7 must fall below a specific income threshold.

Once you file for Chapter 7 bankruptcy, creditors can no longer attempt to collect any of your debts. This is called an “automatic stay,” and they have to stop calling you and sending letters. This can be a big relief for some people who have been dealing with harassment from creditors for months or even years.

People are allowed to keep property deemed exempt when they file Chapter 7. The law sets out exempted monetary amounts for a property like houses, cars, and household goods, etc. Unless someone’s property is above that allowed exemption, they do not have to deal with the bankruptcy trustee selling any of their property to pay debts. The guidelines are very specific, and the decision about filing for Chapter 7 bankruptcy can be confusing. Bankruptcy lawyers in Stuart can help you decide if bankruptcy is right for you.

Depending on a person’s income level, assets, and debts, Chapter 7 is a clean slate. It gives someone a chance to come out of bankruptcy with no debts and a chance at a fresh start.

2. What is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is a reorganization type of bankruptcy only open to individuals and sole proprietorships. There is no income limit for Chapter 13, but there is a debt limit for both secured and unsecured debt. In Chapter 13 bankruptcy, you pay your debts over a 3-5 year period .

Some people have debts that cannot be discharged in bankruptcy such as child support and tax debt but need help and time to pay it off. If your wages are being garnished for debts like these or other types of debt, then Chapter 13 can help. Or, if you are facing foreclosure and want to keep your home but need time to catch up on the mortgage, then Chapter 13 may be a good choice.

It is still possible to pay less than the amount you owe for unsecured debts like credit cards and medical bills. The Trustee uses a formula to determine how much disposable income you have, and that disposable income will determine how much you are required to pay to unsecured creditors. And you will have an end in sight for those types of unsecured debts because you will not pay them after the end of your 3-5 year repayment plan. Knowing which creditors will get fully paid and which ones won’t be complicated, contact bankruptcy lawyers in Stuart with questions.

Bankruptcy Lawyers in Stuart, FL Can Explain the Difference Between Chapter 7 and Chapter 13 Bankruptcy.

At Crary Buchanan , we are committed to providing clients with exceptional service in every aspect of bankruptcy law. You can depend upon our 85 years of experience in the Florida legal industry. We can help you decide what is best for you and assist you throughout the entire process.

If you have more questions or want a dedicated bankruptcy lawyer in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post Understanding the Differences Between a Chapter 7 and Chapter 13 Bankruptcy appeared first on Crary Buchanan .

Can Debt Settlement Help Me?

Mon, 19 Apr 2021 09:39:00 GMT

It probably comes as no surprise that millions of people have experienced financial hardship since COVID began over a year ago. When people lose their jobs or get ill, bills begin to pile up. Eventually, bills go unpaid, debts get out of hand, and bill collectors begin to call. If this is happening to you, don’t despair, there is light at the end of the tunnel.

Debt settlement is a way out of the stressful situation many are experiencing during these pandemic times. It can be a good way to stop the bill collectors harassing phone calls and ensure some sort of stability for you and your family.

If, after reading this article, you have additional questions about your own situation, then we welcome you to contact debt relief attorneys in Stuart, FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our debt relief attorneys in Stuart, FL are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate consult online with our online contact form .

1. Why Would I Need Debt Settlement?

Sometimes people are in situations where they owe more money than they are able to pay for medical bills, credit card debt, or other debts. When people are forced to miss debt payments because they lost their job or got sick, then late fees and interest adds more and more debt to the initial amount owed. Eventually, it becomes a cycle that you can’t see any feasible way out of. You don’t have enough money to make the payment, so the company adds a late fee and extra interest to your next payment. Thereby making the next payment exponentially larger. Then bill collectors begin to call, and your stress levels rise.

Life right now is hard enough for people without adding this additional stress. If you find yourself in this situation, contact debt relief attorneys in Stuart to discuss whether or not debt settlement can help you.

Debt settlement is a good option when people find themselves unable to pay bills. It is a good choice for people who want to avoid filing for bankruptcy, need relief from substantial debt, or who want to get their debts paid off quickly.

2. What is Debt Settlement?

Usually, debt settlement allows you to pay off your debt in a lump sum for less than the total amount you owe. Debt relief attorneys in Stuart will negotiate with your creditors until they reach an agreement that helps you find relief from your stressful financial situation. You will pay a percentage of what you owe the creditor in a lump sum. This way you can pay your debts off much more quickly for an amount that works for you. Any monies owed beyond the agreed upon total debt payments are forgiven.

Finding debt settlement resolutions that work for you requires thinking outside of the box and sometimes takes some creative brain storming. No two situations are alike, and we always strive to find ways to negotiate with creditors that will fit your needs. An experienced attorney can always do that, find ways to make it work. Contact experienced debt relief attorneys in Stuart for help.

3. Whey are Creditors Willing to Agree to Debt Settlement?

Creditors are in the business of making money. They want to collect as much money as possible. They are aware that people who can’t pay their debts may turn to bankruptcy for relief from their unwelcome financial situation. Creditors would much rather collect some money from people than collect nothing .

Much of the time, in Chapter 7 bankruptcy , unsecured creditors won’t be able to collect any money for debts you owe to them. It is a sound financial decision on their part to recoup some money instead of having it all forgiven in bankruptcy. If you are wondering if debt settlement is right for you, then contact debt relief attorneys in Stuart to discuss all of your options.

Debt Relief Attorneys in Stuart, FL Can Help.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of debt relief law. You can depend upon our 85 years of experience in the Florida legal industry. We can help you decide what is best for you and assist you throughout the entire process.

Our legal team is passionate about maintaining the high standards of professionalism and legal service that were established and practiced by founding attorneys Evans Crary Sr. and Evans Crary Jr . Evans Crary Sr. began his law practice in Stuart in 1927 at a time when Martin County was only two years old. He became a municipal judge at the age of 25 and served as County Attorney for 23 years.

During his time as County Attorney, he was elected to represent Martin County in the Florida Legislature. In 1945 he was elected to the Florida House of Representatives. He served in the House for nine years and even served as Speaker of the House before he went on to become a member of the Florida Senate. Today, the Crary Buchanan law firm continues to practice the example of integrity, professionalism, energy and devotion that was clearly illustrated in the lives of both Evans Crary Sr. and Evans Crary Jr.

If you have more questions or want a dedicated debt relief attorney in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post Can Debt Settlement Help Me? appeared first on Crary Buchanan .

What Happens to My Property If I Die Without a Last Will and Testament?

Mon, 05 Apr 2021 04:00:00 GMT

We recommend that all adults have a Last Will and Testament. It is always smarter to plan for the future than to fail to plan. Failure to plan leaves your loved ones in confusion about your wishes. No one wants to think about what will happen to their property after they are gone, but it is necessary to do so.

People do sometimes fail to execute a Last Will and Testament, which leads to the question of what happens to their property if they pass away. Without a Will to direct the probate process, the State of Florida has laws in place to direct the distribution of property.

In this article, we will discuss how your property will be distributed if you die without a Will. Remember, we cannot stress enough the importance of having a valid Last Will and Testament, and experienced probate lawyers in Stuart can prepare one for you.

If, after reading this article, you have additional questions about your own situation, then we welcome you to contact probate lawyers in Stuart, FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our probate attorneys in Stuart, FL are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate consult online with our online contact form .

1. What Property Will Likely be Part of Probate?

If you do not have a Last Will and Testament, much of your property will still have to go through the probate process and be distributed according to Florida law. Any property that you own by yourself is part of your estate. If you own property jointly with right of survivorship, however, then it will not be part of the property in probate.

Jointly owned property and any other property that has a designated beneficiary will not be part of your estate, and thus will be distributed according to the laws governing that document or account. For example, if you own your home jointly with the right of survivorship with your spouse, then your home will immediately belong to your spouse upon your death. This applies to survivorship joint bank accounts and other survivorship accounts as well.

What is part of your estate and what is not can get confusing, because if something is not owned with right of survivorship, then it will be part of the estate. Knowledgeable probate lawyers in Stuart can answer any questions you may have.

2. How is My Property Distributed Without a Will?

If you do not have a valid Last Will and Testament, then you are said to have died “intestate,” and your property will go to your family in the order directed by Florida law, which says if you die with:

1. Children and no spouse, then your property goes to your children; and
2. A spouse but no children, then your property goes to your spouse.

But, if you have a spouse, and you have children with that spouse without having children with anyone else, then your spouse inherits all your property.

However, if you and your spouse have children together, and your spouse has children with someone else, then your spouse inherits 1/2 of your property, and your children inherit 1/2 of your property.

That same division of property applies when you die with a spouse and you have children with someone else. Your spouse inherits 1/2 of your property, and your children inherit 1/2.

If you do not have a spouse or children, then your parents will inherit all of your property. If you do not have spouse, descendants, or parents, then your siblings will inherit your property.

Have Your Questions Answered by Probate Attorneys in Stuart, FL.

Failing to prepare a Last Will and Testament makes the probate process more difficult, and your wishes will not be carried out by the courts. You need to plan and have a good attorney on your side.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of probate law. You can depend upon our 85 years of experience in the Florida legal industry. We can help you decide what is best for you and assist you throughout the entire process.

If you have more questions or want dedicated probate attorneys in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post What Happens to My Property If I Die Without a Last Will and Testament? appeared first on Crary Buchanan .

Is Bankruptcy Right for Me?

Mon, 29 Mar 2021 04:52:00 GMT

This past year has been financially hard on almost everyone. With the rise of COVID, businesses have closed both temporarily and permanently, and businesses that remained open saw a drop in sales. Consequently, people were laid off or lost their jobs. This was one of the few times that Walt Disney World has ever shut down. Disney is the largest single employer in central Florida, employing over 75,000 people. Florida gets much of its revenue from visitors to the Sunshine State, and the pandemic hit all businesses hard.

As a result, Florida residents lost most, if not all, of their sources of income. Loss of income means the inability to pay bills. Skipping a payment means rising debt. When people miss one month’s credit card payment, that leads to late fees and additional interest. It becomes a cycle that seems impossible to break. However, there is an answer to overwhelming debt. That answer is bankruptcy. This article will explain how bankruptcy can help you.

After the financial struggles, people have gone through this past year, and are still going through, bankruptcy can be a light at the end of the tunnel for a great number of people. This article will discuss how bankruptcy can help people who are struggling with too much debt.

If, after reading this article, you have additional questions about your own situation, then we welcome you to contact bankruptcy lawyers in Stuart , FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our bankruptcy attorneys in Stuart, FL are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate consult online with our online contact form .

1. How Can Bankruptcy Help Me?

Bankruptcy helps you by allowing you to get out of debt, or to set up a payment plan for debt. It depends on the type of bankruptcy you choose to file. Bankruptcy does not mean you will have to give up your house, or your car, or that you will lose everything. It is generally possible to keep your house with its mortgage, and your car with its loan, and get rid of your credit card and other types of debt.

When people choose to file for bankruptcy, it is not meant as a punishment, but instead as a fresh start. And we are all definitely ripe for a fresh start right now. Bankruptcy is not something to be embarrassed about and carries no stigma. If you have questions about how bankruptcy can help you, contact the bankruptcy attorneys in Stuart, FL.

2. What are the Different Types of Bankruptcy?

Bankruptcy is governed by Federal law. It was established this way to make it more streamlined because so many people are mobile, and transactions can move across state lines. Florida law governs portions of how bankruptcies are filed, but the types of bankruptcy are the same across the United States.

The two types of bankruptcy that individuals generally file are Chapter 7 and Chapter 13 . People who file Chapter 7 are able to get rid of debt like credit cards and medical bills completely. In Chapter 13, people pay one monthly payment to the court which is divided among their creditors.

There are laws that govern how many assets you are allowed to have to file for a specific type of bankruptcy. There are also some debts that cannot be erased like student loans and taxes. The Bankruptcy Code is lengthy and there are nuances that will impact each person differently. Call bankruptcy attorneys in Stuart, FL, so we can discuss your specific situation.

File for Bankruptcy with the Help of Bankruptcy Attorneys in Stuart, FL.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of bankruptcy law. You can depend upon our 85 years of experience in the Florida legal industry. We can help you decide what is best for you and assist you throughout the entire process.

The post Is Bankruptcy Right for Me? appeared first on Crary Buchanan .

Did You Slip and Fall at a Florida Amusement Park?

Mon, 22 Mar 2021 09:02:00 GMT

Florida is filled with fun things to do. The two things that come to mind for most people when they think about Florida activities are the beach and amusement parks. Both places are usually crowded with many people heading there for hours of sun and fun. When crowds gather places like amusement parks, slip and fall injuries occur.

Between visitors and Florida residents, a great number of people converge on amusement parks each day. With over 240 amusement parks, this adds up to a lot of people. There are parks that provide mostly water rides, parks that focus more on roller coasters, and parks that do both. All of these places have several things in common: crowds, food, drinks, and merchandise. Things inevitably get spilled and water is splashed on walkways. People fall and get hurt in these situations. If this happens to you, premises liability attorneys in Stuart , FL can assist you with getting the help you need.

In this article, we are going to discuss the issue of slip and fall accidents at amusement parks, and what type of responsibility the park owes to its patrons. If, after reading this article, you have additional questions about your own situation, then we welcome you to contact premises liability attorneys in Stuart, FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our premises liability attorneys in Stuart, FL are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate consult online with our online contact form .

Should I Expect Amusements Parks to Keep Me Safe?

Visitors to amusement parks are called, in legal terms, “invitees.” Florida law states that invitees deserve a high standard of care and that the park has a duty to make sure that the premises are safe for visitors.

That means that the amusement park has to warn people of any dangerous conditions of which it is aware. Importantly, the park is also required to make sure the park grounds are reasonably safe for visitors.

Some things that can cause visitors to fall and get injured, which the park is responsible for, can include spills left too long, untended water at the end of a water ride, cracked and broken pavement, and damaged stairs or railings.

How Common Are Slip-and-Fall Injures at Florida Amusement Parks?

Florida has over 240 amusement parks. That many parks with daily crowds inevitably leads to messes, spilled drinks and food, and water on the ground. This explains why slip and fall, and trip and fall, injuries are the most common type of amusement park injury.

These injuries can come in several different forms including but not limited to:

1. Back and neck injuries
2. Head injuries
3. Broken or sprained feet or ankles
4. Shoulder or arm injuries
5. Broken or sprained hands or wrists

During a time when people are enjoying their day, a fall and subsequent injury will definitely put a damper on the fun. Because of this, some ignore the pain and fail to report the fall to the park staff. Sometimes pain doesn’t appear until later in the day or after a night’s rest.

However, it is important to notify the park when you fall. It is generally not in your best interest to give a complete written statement, because you will be understandably shaken up and possibly confused depending on your injuries. Do not sign a waiver form. Take photos of the scene with your phone. Get treatment for your injuries, and contact premises liability attorneys in Stuart, FL who can instruct you on what other steps you should take.

Prove an Amusement Park Slip and Fall Case with the Help of Premises Liability Attorneys in Stuart, FL.

At Crary Buchanan , we are committed to providing clients with exceptional service in every aspect of premises liability and personal injur y law. You can depend upon our 85 years of experience in the Florida legal industry.

The post Did You Slip and Fall at a Florida Amusement Park? appeared first on Crary Buchanan .

When is a Nursing Home Responsible for Wrongful Death?

Mon, 15 Mar 2021 10:19:00 GMT

It is a sad fact that nursing homes are sometimes at fault for the death of our loved ones. Our elderly family members go into nursing homes because they need full-time care. We entrust the nursing home staff to care for those who are most dear to us. Unfortunately, the places that are supposed to be warm and caring environments can instead lead to accidents that could turn fatal.

In this article, we will discuss the details on how wrongful death issues occur in nursing homes. We will discuss the possible causes, what you have to prove with regard to a wrongful death case involving a nursing home, and the damages you can recover. There are several steps to determine whether a nursing home is at fault in a person’s death, and what the proper damages may be in connection with that wrongful death. This is where a wrongful death lawyer in Stuart, FL comes in. A good, caring lawyer is important.

If, after reading this article, you have additional questions about your own situation, then we welcome you to contact wrongful death lawyers in Stuart, FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast .

Our wrongful death lawyers in Stuart, FL are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate consult online with our online contact form .

1. What are the Common Causes of Wrongful Death in Nursing Homes?

It is sadly all too common that nursing home staff members are often under-trained, under-supervised, and under-paid. That means that elderly patients are not always taken care of properly.

Errors happen when administering medication. This could be in the form of the wrong medication or an overdose of prescribed medicine. Both of these things can lead to death. Another common problem in nursing homes is sepsis. Infections happen, and sometimes the cause of the infection can be traced to negligence of the nursing home staff.

Other common causes of deaths in nursing homes include malnutrition, dehydration, pneumonia, falls, and even assault.

Proving these deaths are the fault of the nursing home and its staff can be labor-intensive and difficult. It is important to know how to navigate the court system in wrongful death cases and calling a wrongful death lawyer in Stuart, FL should be your first step.

2. What Do I Need to Prove to Show the Nursing Home was at Fault?

A court requires evidence that the nursing home was at fault for our loved one’s death. There are certain legal hurdles to jump to do this:

1. First, you must prove that the nursing home or specific staff members were negligent , through a wrongful act, or due to some breach of contract that your loved one had with the nursing home.
2. Next, you need to show that the death was caused by the negligence of the nursing home.
3. Finally, you must show the court that if the decedent had lived, they could have filed a lawsuit and won against the nursing home for these acts.

3. What Damages Can I Recover for Wrongful Death at a Nursing Home?

Both the survivors and the decedent’s estate can recover damages for wrongful death that occurs at a nursing home . The amount of damages for wrongful death much depends on the relationship between the decedent and his or her survivors, as well as the extent of the decedent’s suffering and monetary loss. You can ask the court to award medical and funeral expenses among other things. Something more subjective, but that is recoverable, is mental pain and suffering for the loss of a spouse or parent due to the nursing home’s actions. These are just a couple of examples of allowed damages. To further, discuss the question of damages, you should contact a wrongful death lawyer in Stuart, FL.

Get the Help of Wrongful Death Attorneys in Stuart, FL

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of wrongful death law. You can depend upon our 85 years of experience in the Florida legal industry.

If you have more questions or want a dedicated wrongful death attorney in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post When is a Nursing Home Responsible for Wrongful Death? appeared first on Crary Buchanan .

A Business’s Liability for a Slip and Fall May Extend to Areas Outside Its Property Line

Mon, 08 Mar 2021 07:50:00 GMT

Did you know that businesses can actually be liable for injuries that occur off of their actual property? In fact, in addition to keeping their actual property safe for customers, businesses in certain circumstances have a responsibility to keep an adjoining property safe as well. Not convinced? Read on.

In our previous article, we discussed that customers are considered invitees and, as such, are owed a high standard of care by the businesses they visit. We also discussed how the responsibility to prove what the business knew or should have known has shifted to the customer.

Given how the law now favors businesses in Florida, it is interesting to note that business owners can be responsible for injuries that happen in places like the sidewalks and curbs in front of their business location. If you have fallen in or around a business and were injured, then you may want to call a premises liability attorney in Stuart, FL to see if you can be compensated for your injuries.

In this article, we will go into how a business could be liable for a fall that is just outside its property. If, after reading this article, you have additional questions about your own situation, then we welcome you to contact the premises liability attorneys in Stuart, FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

1. How Far Does Business Liability Spread Beyond the Front Doors?

The business property does not only include the inside of the store. It encompasses the outside as well. How much of the outside area is the business’s responsibility depends on multiple factors and will be specific to each business location. If you are injured from a slip and fall outside of a business, then you should contact a premises liability attorney in Stuart, FL to determine if the business had a duty to keep that area safe.

Businesses are typically required by law to make sure that the common areas outside of their business location are safe. The level of proof that the customer needs to show fault is the same as if someone fell inside. They need to prove that the business failed to exercise reasonable care in maintaining its premises and that the business knew or should have known of the dangerous condition.

2. What Outside Premises are Included?

Walkways, sidewalks, and curbs are locations where people tend to slip or trip and fall. When entering and leaving a business, customers often have to leave the property and traverse a sidewalk or a curb area to get to parking or a bus stop. Florida courts have held that business owners are responsible for those locations and some injuries resulting from falls on cracked sidewalks, for example.

Other places that fall under the purview of the business include parking lots, shrubbery and landscaping, as well as fountains and pools.

As you would expect, there are factual issues and legal hurdles to proving fault in court. For example, if something is considered an open and obvious danger then it is not the responsibility of the business owner. Determining if something is open or obvious, or something the business owner should be responsible for and had a duty to exercise reasonable care in maintaining, can be tricky. There is case law that will help the courts determine which side of the equation an issue with a curb, sidewalk, or other location will fall. But don’t just shrug it off if you are injured outside a business because you tripped on a cracked sidewalk. Contact a premises liability attorney in Stuart, FL to discuss the facts of your case.

3. Prove a Slip and Fall Case Outside the Business with the Help of Premises liability attorneys in Stuart, FL

Our clients are more than case numbers; they are people. We recognize that you are an individual with unique needs and expectations. Our team is here to meet your needs and exceed your expectations. When you work with us, you can have confidence that a caring legal advocate is on your side.

The post A Business’s Liability for a Slip and Fall May Extend to Areas Outside Its Property Line appeared first on Crary Buchanan .

Proving a Business is at Fault in Slip and Fall Cases

Mon, 01 Mar 2021 08:46:00 GMT

We all visit businesses on an almost daily basis. We go to grocery stores, drug stores, gas stations, department stores, and restaurants. These stores all have items for sale that could cause shoppers to slip and fall if spilled on the floor.

Businesses know about Florida’s laws surrounding slip and fall injuries , and generally try to do what they can to keep their floors safe and clear. But with so many people perusing aisles, things are going to end up spilled on the floor, or set in the walkway, thereby causing a dangerous situation for shoppers. Inevitably, someone is going to slip and fall and get hurt. This article will discuss what is needed to prove the business at fault.

If, after reading this article, you have additional questions about your own situation, then we welcome you to contact the premises liability attorneys in Stuart, FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

1. What Duty Does a Business Owe to Me?

When someone enters a business establishment they are considered an invitee of that business. In legal terms, that means that the shopper is afforded the highest standard of care, and precautions have to be taken to make sure they come to no harm.

Customers, as invitees, can expect that the store managers will keep the store free from any and all defects that could cause injuries to the customers. If they fail to do so, they can be liable for any resulting injuries.

2. Legislation Protects Businesses

Florida passed legislation in 2013 giving businesses more protection against slip and fall cases. Before this legislation passed, businesses were responsible for dangerous conditions whether they knew of the danger or not. Injured people were only required to prove that the business failed to exercise reasonable care in maintaining their premises. But, businesses complained because they were paying for injuries to their customers, and claimed they needed more protection. Subsequently, the Florida legislature passed a law making it harder to prove the businesses were at fault.

Currently, the state of the law is that in order to hold the business liable when someone is injured on their property, the business had to know of the danger, or should have known of the dangerous condition. In addition, the injured person still has to prove that the owner did not maintain their premises properly.

3. Injured Customers Now have More to Prove to Show Fault

It is up to the customer to prove what the business did not know . Instead of the business being required to prove to the court they had no way to know there was a substance on the floor, the customer has to prove the business had either actual or constructive knowledge of the substance on the floor . And that the business should have taken action to correct the danger.

Proving actual knowledge is clear cut. For example, an injured victim can show to the court that an employee knew the liquid was on the floor.

The harder one to prove is constructive knowledge. Customers can prove constructive knowledge by proving that:

1. The substance was on the floor long enough that the business should have known about it; and
2. The issue happened on a regular basis and was foreseeable.

As you can imagine, constructive knowledge is more difficult to prove. It takes a skilled and determined attorney to investigate and find the necessary information. This is where premises liability attorneys in Stuart, FL are helpful. Our attorneys will make the business provide all information they have in order to prove their fault.

4. Prove a Slip and Fall Case with the Help of Premises Liability Attorneys in Stuart, FL

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of premises liability and personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

Our legal team is passionate about maintaining the high standards of professionalism and legal service that were established and practiced by founding attorneys Evans Crary Sr. and Evans Crary Jr . Evans Crary Sr. began his law practice in Stuart in 1927 at a time when Martin County was only two years old. He became a municipal judge at the age of 25 and served as County Attorney for 23 years.

The post Proving a Business is at Fault in Slip and Fall Cases appeared first on Crary Buchanan .

The Psychological Side of Elder Abuse

Mon, 22 Feb 2021 09:20:00 GMT

Elder abuse takes many forms. One form of elder abuse that can be harder to detect is psychological abuse. It is much more common than most people realize. Sometimes, when you hear the word elder abuse, visions of bruises and physical injuries come to mind. But there is more difficult to detect psychological abuse that people have to watch for.

Studies show that women are more likely to suffer from psychological or emotional elder abuse than men. In one study, 54 out of 129 seniors experienced psychological abuse from their caregivers. Another study shows that 38% of seniors experienced at least one instance of verbal abuse.

If, after reading this article, you have additional questions about your own situation, then we welcome you to contact elder abuse attorneys in Stuart , FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our elder abuse lawyers in Stuart are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate consult online with our online contact form .

1. What is Psychological Elder Abuse?

Psychological or emotional abuse aimed at seniors can occur in many different ways. Generally, it can be defined by verbally or non-verbally inflicting trauma, distress, and anguish on the elderly person. This can include screaming at the elderly person, demeaning them, threatening them, insulting them, calling them names, repeatedly ignoring them, and swearing at them. It also can occur by purposely isolating the elderly from family and friends.

2. Who is Most Likely to Commit Psychological Elder Abuse?

Unfortunately, it is the people we entrust our elder family members’ care to who commit the abuse. Caregivers are the number one elder abuser . The caregiver could be a spouse or a son, or daughter, or other family members, friends, or someone paid to care for the senior. If the person who needs care is in a nursing home, then it is generally the nursing home staff that serves as the primary caregiver. It is awful that these people are supposed to do what is right for our elderly population, family, and loved ones. But they have the most opportunity since they are the most likely to be alone with elderly loved ones, to be responsible for possible elder abuse.

3. What are the Signs of Psychological Elder Abuse?

It is important to watch our elderly loved ones for signs of psychological abuse. These can include anxiety, depression, or irritability. The elderly person may show fear when around certain people. For example, if the person is in a nursing home, and he or she exhibits fear when a specific caregiver comes into the room, that is a sign of abuse. The elderly person may become withdrawn, stop sleeping, lose weight, be agitated, or show other outward signs of trauma. If you see those signs, take them seriously and consider contacting elder abuse attorneys in Stuart, FL, if you have questions.

4. Why Is Psychological Elder Abuse Rarely Reported?

Much of the time elder abuse is not reported. This encompasses every kind of elder abuse including psychological abuse. We all have read and heard statistics on spousal abuse and other forms of abuse that are not always reported. The reasons for the elderly not reporting abuse can be the same reasons why another abuse is not reported. For one, the psychological abuse may come from a caregiving spouse, and there are many reasons that are not reported, including the fear of retaliation.

Fear is one huge reason the elderly do not report psychological abuse: It can be the fear of retaliation already mentioned, fear of being put in a nursing home, or fear of what others will think. The elder abuse victim may be embarrassed by what is happening. The senior may not know what to do or to whom to report the abuse. The senior may believe that this is just how things are, and he or she may feel unable to change it. Again, if you detect signs of abuse and have questions, contact elder abuse attorneys in Stuart, FL to help.

5. What to do if You Suspect Psychological Elder Abuse?

There are laws that protect the elderly against abuse. This includes psychological abuse. Do not be afraid to report any suspected psychological abuse. Contact the Department of Children and Families to report any and all suspected abuse. In addition, contact elder abuse attorneys in Stuart, FL for help. Psychologically abusing the elderly has consequences and the responsible party will be responsible for damages.

Contact Experienced Elder Abuse Attorneys in Stuart, FL, to Get the Help You Need

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of estate planning and personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

Our legal team is passionate about maintaining the high standards of professionalism and legal service that were established and practiced by founding attorneys Evans Crary Sr. and Evans Crary Jr . Evans Crary Sr. began his law practice in Stuart in 1927 at a time when Martin County was only two years old. He became a municipal judge at the age of 25 and served as County Attorney for 23 years.

If you have more questions or want a dedicated elder abuse and personal injury attorney in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post The Psychological Side of Elder Abuse appeared first on Crary Buchanan .

When Are Rental Car Companies Responsible for Car Accident Damages?

Mon, 15 Feb 2021 12:06:00 GMT

The State of Florida is a popular tourist destination. People flock to this state for its warm weather, plentiful sun, beautiful beaches, and numerous amusement parks. Many people choose to fly to Florida, which means many people need rental cars. This is why Orlando International Airport is one of the largest rental car hubs in the region. With so many visitors to Florida, it is no surprise that Florida is one of the top states in the country for car accidents and car-accident-related deaths.

As you might expect, some of the car accidents in Florida involve rental cars. These rental car accidents resulted in the question of whether rental car companies could be required to pay for injuries when someone driving a rental car caused an accident. The Florida Supreme Court looked at this issue, and it decided that a rental car company could not be responsible for the negligence of someone renting a car from them. There could be other reasons they may be liable, and the specifics of each case matter when a rental car company is involved.

If, after reading this article, you have additional questions about your own situation, then we welcome you to contact the car accident attorneys in Stuart, Martin County at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our car accident lawyers in Stuart are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate consult online with our online contact form .

Rental Car Companies’ Rental Agreements

Rental car companies do as much as they can to limit their own liability. If you have ever rented a car, you know how long and detailed the rental car agreement is. The company pays its lawyers big money to think of the most advantageous language to include in their rental agreements. Everyone renting a car must sign these agreements or rental contracts. If a person doesn’t like the language, then they aren’t allowed to rent the car. There are no discussions on the issue. They protect themselves.

Florida Supreme Court Decisions

The Florida Supreme Court has stated that rental car companies are not liable for the negligence of a person renting a car from the company based solely on the fact that they own the car. This puts a protective shield around rental car companies in lawsuits.

In order to file a lawsuit for a car accident and request that the Court hold the rental car company liable, th e injured person has to show other ways in which the company was at fault for the accident.

Proving the Rental Car Company is at Fault

One way to show that a rental car company is responsible for negligence in a car accident case is to prove that the company rented a car to someone who should not be driving. For example, if the company rented to someone who was not old enough to rent a car, or to someone without a driver’s license, then the rental car company could be legally responsible.

Another way to prove to a Court that the rental car company should be held liable would be to show that they did not train or supervise their employees properly. If that happened, then car accident attorneys in Stuart, FL can take that information and use it to show that the company had some fault in the accident, and should pay damages.

In addition, if the rental car company did not keep the car in good working order, and something mechanical contributed to the accident, then they can be forced to pay for injuries as well.

Rental car agreements and the Florida Supreme court have insulated the companies from responsibility in car accidents. Yet, there are some ways to prove their liability, and car accident attorneys in Stuart, FL can help with this.

Contact the Car Accident Attorneys in Stuart, FL to Help You If You Were Injured by Someone Driving a Rental Car

It can be painful and stressful to be in a car accident. Knowing how to navigate the legal issues in a car accident case is where an experienced attorney can help.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law . You can depend upon our 85 years of experience in the Florida legal industry.

If you have more questions or want a dedicated car accident attorney in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post When Are Rental Car Companies Responsible for Car Accident Damages? appeared first on Crary Buchanan .

What Damages Can You Recover for Wrongful Death?

Mon, 08 Feb 2021 11:32:00 GMT

When a loved one dies because of the wrongful or negligent act of another, Florida law provides a remedy called a “wrongful death claim.” The personal representative of the estate brings this claim in court on behalf of the deceased person’s family and asks the court to award damages for the untimely death of a loved one.

Florida law defines the damages that the court can award to the beneficiaries and to the estate of the deceased person. The types of damages and any caps on awards are governed by Florida statutes. A wrongful death claim is filed in civil court. That differs from a criminal case, in which the government typically seeks criminal liability for the person responsible for the death of another. Wrongful death claims can be complicated, and wrongful death attorneys in Stuart, FL will assist you in handling your case.

If, after reading this article, you have additional questions about your own situation, then we welcome you to contact wrongful death attorneys in Stuart, Martin County at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our wrongful death lawyers in Stuart are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate consult online with our online contact form .

1. Damages Paid to Surviving Family Members

All potential beneficiaries for any monies awarded in a wrongful death claim must be included in the complaint that your attorney files with the court. Along with their names, the complaint must spell out the relationship the beneficiaries have to the deceased.

There are a number of damages available to the beneficiaries of the deceased.

1. Any beneficiary can be reimbursed for medical and funeral expenses paid on behalf of the deceased;
2. Parents of a deceased minor child can receive mental pain and suffering;
3. Parents of a deceased adult child can receive mental pain and suffering if there aren’t any other survivors;
4. The deceased’s minor children can recover from mental pain and suffering, as well as lost parental companionship, instruction, and guidance;
5. The surviving spouse can receive compensation for mental pain and suffering, and for loss of companionship;
6. If there is no surviving spouse, the adult children can recover from mental pain and suffering, and loss of parental companionship, instruction, and guidance; and
7. All survivors can recover the monetary value of lost support and services.

Any damages falling into these categories can and should be included when filing a complaint with the court. An experienced wrongful death attorney in Stuart, FL will do this for you.

2. Damages Paid to the Estate

Wrongful death cases in Florida also allow the estate to recover certain damages from the at-fault party. The personal representative will claim these damages through the attorney when filing the complaint. You need to ask the court to award any and all damages that Florida law permits, and wrongful death attorneys in Stuart, FL are experienced in doing this for people.

It is important to remember to ask the court to award lost wages. In many cases, there is a period of time between the injury and death. It could be days, or weeks, or months. If the injury that resulted in death had not occurred, then the deceased person would most likely be working and earning money. Those wages are recoverable in court.

In addition, the following damages are recoverable by the estate:

1. Any medical and funeral damages that were paid by the estate, or charged to the estate, can be recovered from the at-fault party; and
2. The loss of probable net accumulations of the deceased person’s estate. This means any increase in the net worth of the estate, which can include such items as business income, earnings, investments, and other things of that nature.

Contact Wrongful Death Attorneys in Stuart, FL to Help You Through the Process

It is hard to lose someone we love. Knowing how to navigate the legal side of the loss is where we come in. Knowing what arguments to make to the court, and recovering monetary damages from the at-fault party is our job and one we take seriously.

At Crary Buchanan , we are committed to providing clients with exceptional service in every aspect of wrongful death law and personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

Our legal team is passionate about maintaining the high standards of professionalism and legal service that were established and practiced by founding attorneys Evans Crary Sr. and Evans Crary Jr . Evans Crary Sr. began his law practice in Stuart in 1927 at a time when Martin County was only two years old. He became a municipal judge at the age of 25 and served as County Attorney for 23 years.

The post What Damages Can You Recover for Wrongful Death? appeared first on Crary Buchanan .

What is Elder Abuse?

Mon, 01 Feb 2021 09:41:00 GMT

Unfortunately, elder abuse is more common than you may think. Especially in Florida, where 20.5% of the population is over the age of 65. During this pandemic, when more people are sheltering in place, and when family members are not allowed to visit nursing homes and other care facilities, concerns about how loved ones are faring at the hands of others are on the rise.

The State of Florida has laws against elder abuse. People can face both civil and criminal penalties for violating those laws. Family members may wonder how they would know if their mom, dad, grandma, friend, or neighbor has been abused, and where to turn if it happens. This article will explain what elder abuse is, and what can be done about it.

If, after reading this article, you have additional questions about your own situation, then we welcome you to contact the elder abuse attorneys in Stuart, FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

1. Elder Abuse Defined

Florida elder abuse laws protect the elderly from abuse, neglect, and exploitation. In this context, abuse is specifically defined as “any willful act or threatened act by a relative, caregiver, or household member which causes or is likely to cause significant impairment to a vulnerable adult’s physical, mental, or emotional health.”

Included in abuse are both acts and omissions. As you can see, this covers a lot of ground and leaves a lot of room for questions about what may or may not be considered abuse. Elder abuse attorneys in Stuart, FL can help you with those questions.

If you see bruises on a friend or family member, you may wonder if it is just because the elderly bruise easily and may have bumped their arm, or if it is because a caregiver grabbed them roughly? Is that black eye caused by a fall, or did someone hit your loved one? Are they crying because someone psychologically abused them? Are they suddenly out of money, or have credit card debt for things they never purchased? Is the nursing home staff not feeding them, failing to give them their medication, or leaving them lying on wet sheets for hours? These are all things about which to be concerned.

It is important to note that elder abuse not only includes actual physical abuse, but also neglect and exploitation. Statistics show that nursing homes are the most common locations of elder abuse. We trust nursing homes with our loved ones, but sadly they are many times the place where abuse can occur.

2. What to Do If You Suspect Elder Abuse

If you suspect elder abuse or, even the possibility of abuse, you should contact the Department of Children and Families to report it. In fact, Florida takes elder care so seriously that it is a crime not to report elder abuse, neglect, or exploitation.

Florida has some of the best elder protection laws in the nation. If a caregiver has been abusing an elderly relative and has caused injuries, then it is a good idea to contact an elder law attorney to discuss the abuse along with contacting the Department of Children and Families. There are many ways to protect the elderly, and one of them is to call the elder abuse attorneys in Stuart, FL at Crary Buchanan. The attorneys at Crary Buchanan care about the elderly, and we make it our mission to help right any wrongs, help stop the abuse, and make the people responsible pay damages.

Contact Elder Abuse Attorneys in Stuart, FL to Help You Through the Process

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of elder abuse law and personal injury law. You can depend upon our 85 years of experience in the Florida legal industry. Our legal team is passionate about maintaining the high standards of professionalism and legal service that were established and practiced by founding attorneys Evans Crary Sr . and Evans Crary Jr.

Evans Crary Sr. began his law practice in Stuart in 1927 at a time when Martin County was only two years old. He became a municipal judge at the age of 25 and served as County Attorney for 23 years. During his time as County Attorney, he was elected to represent Martin County in the Florida Legislature. In 1945 he was elected to the Florida House of Representatives. He served in the House for nine years and even served as Speaker of the House before he went on to become a member of the Florida Senate. Today, the Crary Buchanan law firm continues to practice the example of integrity, professionalism, energy, and devotion that was clearly illustrated in the lives of both Evans Crary Sr. and Evans Crary Jr.

If you have more questions or want a dedicated elder abuse attorney in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post What is Elder Abuse? appeared first on Crary Buchanan .

What Is Your Duty to People Who Come on Your Property?

Mon, 25 Jan 2021 09:29:00 GMT

When you went to a friend’s house, did your friend ever tell you to “make yourself at home?” Or, did you ever go to that famous restaurant that claims, “when you’re here, you’re family?” Well, legally speaking, those statements are not quite accurate – surprise, surprise. (We’re sure you already figured that out about the “you’re family” slogan).

In all seriousness, anyone who owns the property and has people on their property owes those visitors something called a “duty of care.” That duty exists for both owners of a private home or a retail store. Now, as the name suggests, the duty of care means that property owners basically have an obligation (a duty) to ensure that the property is reasonably safe and will not cause someone injury. It is, essentially, the basic elements of an area of personal injury law called premises liability , which is about property owners being held liable for injuries on their premises.

In this article, we will discuss the basics of premises liability and then go into detail about the three different duties of care that you, as a property owner, would owe to others. If, after reading this article, you have additional questions about your own situation, then we welcome you to contact the premises liability lawyers in Stuart, FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our premises liability lawyers in Stuart are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning to consult online with our online contact form .

What is a Premises Liability Claim?

Under Florida law, a claim of premises liability is a type of negligence claim. It is essentially a claim that a property owner was negligent in keeping his or her property safe for visitors.

If someone is injured due to a slip and fall on your property, whether it is your home or your grocery store, then the injured party needs to prove four elements to obtain money for his or her injuries:

1. You, the property owner, owed the visitor a duty of care;
2. You breached that duty;
3. The visitor was injured as a result of that breach; and
4. The visitor has actual damages (like medical bills).

All four of those elements must be proven by the injured party by a preponderance of the evidence. That means that the injured party needs to show that it was “more likely than not” that the four elements are true. An injured party would, as with any personal injury case, provide testimony and other evidence to meet the preponderance standard for each element.

The Three Different Duties of Care

We are going to focus this article on the first element of premises liability – the duty of care. At first blush, you may think that there is one type of duty of care, but there are actually three .

The reason there are three is that people have different reasons for being on your property. And you would treat people a certain way depending upon the circumstances. For example, you want to make sure that your business premises are very safe for your customers, but you do not have much interest in making a burglar comfortable. Accordingly, the three duties of care are:

1. Invitees,
2. Licensees, and
3. Trespassers

Invitees are those customers who come into your store. You owe them the highest duty, which is that the premises should be safe from any dangerous conditions about which you know or should have known.

Licensees, in contrast to invitees, are visitors to your home. Your duty is slightly lower, whereby you need to keep the property reasonably safe and warn visitors of any known dangers on the property.

Trespassers are, not surprisingly, owed the lowest duty of care because they do not have permission to be on the premises. For a trespasser, you simply should not do anything that would recklessly or intentionally cause a trespasser injury. Thus, setting a booby trap that could injure a trespasser is illegal.

If you are a property owner and someone was injured on your property, or if you were injured on someone else’s property, then you should contact a seasoned premises liability lawyer. Premises liability is a specific area of personal injury law, and you would be well served by having an attorney by your side who has experience with premises liability cases.

Contact the Premises Liability Lawyers in Stuart to Get the Help You Need

At Crary Buchanan , we are committed to providing clients with exceptional service in every aspect of personal injury law, including premises liability. You can depend upon our 85 years of experience in the Florida legal industry.

If you have more questions or want a dedicated car accident lawyer in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post What Is Your Duty to People Who Come on Your Property? appeared first on Crary Buchanan .

Wrongful Death Cases, with Real-World Examples

Mon, 04 Jan 2021 07:35:00 GMT

Context is everything. Though we try, sometimes as lawyers we are so engrossed in litigation that we don’t always clearly explain the relevant legal concepts to our clients. Accordingly, in this article, we plan to give information about wrongful death cases through a number of examples of wrongful death cases.

If, after reading this article, you have additional questions about your own situation, then we welcome you to contact the wrongful death lawyers in Stuart, FL – Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our personal injury attorneys in Stuart are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning to consult online with our online contact form .

Wrongful Death Case Basics

A wrongful death claim arises when a person dies due to the negligence of another. A wrongful death claim brought in connection with that tragedy is a civil claim filed by a family member of the deceased person against the shopping center.

To prove wrongful death, a family member with the help of an attorney must prove that (i) the defendant committed a wrongful, negligent act; (ii) the act caused the person’s death, and (iii) the act would have been grounds for a lawsuit by the deceased if the person had not perished in the accident. In Florida, a family member of the deceased must bring a wrongful death claim within two years of the accident.

Examples of Wrongful Death Cases

As you may expect, car accidents are a primary source of wrongful death actions. In one case that our firm handled, a woman was driving when her baby made a concerning sound while in his car seat in the backseat of the vehicle. The woman pulled the car over to the shoulder of the road, engaged the emergency brake, turn on her hazard lights, and then got out to check on the baby.

When she was sure everything was fine, she climbed back into the driver’s seat. At that moment, another car struck her car, killing the baby in the backseat, and causing serious injuries to the mother. In that tragic case, both the baby’s mother and father had wrongful death claims against the other driver, and his insurance company, for the baby’s death. The wrongful death award was approximately $1 million. While such a sum could never bring back that poor child, it at least could help with the incredible suffering that the parents experienced.

In another car accident wrongful death case, the deceased was involved in a head-on collision with another driver. As it turned out, the other driver was leaving a work Christmas party and was intoxicated. Although the deceased was also intoxicated at the time of the accident, the deceased’s wife and child instituted a wrongful death action against both the other driver and the other driver’s employer, given that he was leaving a work function. Despite the deceased’s blood alcohol content, the case settled for the employer’s and the employee’s insurance policy limits, thereby giving the deceased’s family over $500,000.

Another common type of wrongful death action involves defective products. For example, the driver of a pickup truck that was modified with oversized tires and was given an after-market higher suspension sustained a major tire blowout, which caused the driver of the vehicle to hit oncoming traffic, injuring a father and killing the child in the car that was hit. In the subsequent wrongful death action, the grieving parents sued both the driver and the tire manufacturer. Ultimately, the parents received a multi-million dollar settlement.

Let Wrongful Death Lawyers in Stuart Help with Your Wrongful Death Case

After a loved one dies, it is a hard time on every level: physically, emotionally, and often if your family member contributed income towards your household, financially. If you believe another person’s negligence caused your relative’s death, you deserve the opportunity to fight for justice and compensation. But if you are not aware of your state’s laws surrounding wrongful death and the legal process that you must follow, your case could be dismissed.

Before you head to court, write a list detailing the pain and suffering your family has endured, the medical and funeral expenses you’ve had to pay, the deceased’s lost wages and benefits, and future lost wages for your family. Hiring a personal injury attorney is a vital step –you will need their counsel and guidance throughout the days ahead.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

If you have more questions or want a dedicated personal injury attorney in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post Wrongful Death Cases, with Real-World Examples appeared first on Crary Buchanan .

Beware: Elder Scams Are On the Rise – Here’s How to Protect Yourself

Mon, 28 Dec 2020 09:01:00 GMT

As if the pandemic is not bad enough, you need to know that scams against seniors have increased during the pandemic. That is because seniors in particular are more vulnerable to the coronavirus and must stay home. Scammers know this. So, they are calling seniors at home more and trying to get their information. It is an ugly game, but scammers keep doing it, in record numbers.

In this article, we are going to discuss some of the most common recent scams, and we will give you a few tips on how to protect you and your loved ones.

If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact our elder abuse lawyers in Stuart, FL , at our firm, Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Stuart , Florida’s Treasure Coast.

Find the elder abuse lawyers in Stuart who are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning to consult online with our online contact form.

Here are the most common scams impacting our seniors in Palm Beach County and nationwide:

1. Posing as Grandchildren

In one particular scam, scammers with a young-sounding voice will call asking if a senior citizen recognizes the voice on the other end of the line. When the senior response with the name of a grandchild, the scammer will use that to gain trust, effectively impersonate the grandchild and ultimately begin to ask for money for unexpected bills, an emergency, or some other issue that tugs at the senior’s heartstrings.

Given the lack of background knowledge needed and the relatively small amount of money asked for, this scam can be particularly effective for the scammer. Many of these thefts may go unreported because of either the embarrassment of the victim or the relatively small amount involved.

2. Scams Related to Health Care

One of the more common ways seniors are defrauded is through health insurance scams. From menacing phone calls to emails that purport to be about an outstanding debt, the authoritative-sounding voices or words impacting seniors make the seniors easy prey. That is particularly true when the scammers’ threat tends to be the loss of health insurance altogether.

3. Schemes Related to Phony Investments

Many seniors are living longer. That is a wonderful fact by which family and friends have more time with their loved ones. Living longer, however, could put a strain on retirement savings.

Often, criminals who specialize in fraud will call seniors with what sounds like a sure-fire investment to stretch the precious dollars they have been saving through a lifetime of work. They then entice the senior to give all or part of their savings to those behind the investment scheme and either create false statements or abscond with the money, never to be seen or heard from again.

4. Counterfeit prescription drugs

Oftentimes, seniors on a fixed income are the first to fall for the promise of counterfeit prescription drugs. Unscrupulous merchants entice vulnerable men and women with the promise of savings and either deliver ineffective pills disguised as prescription medication or do not deliver at all.

5. Scams Related to Homeownership

The fifth type of senior scam involves the reverse mortgage. With this scheme, criminals will fraudulently present themselves as a governmental or financial institution to induce a senior to pay a “commission” for a better – and fake – interest rate on a mortgage or reverse mortgage.

Ways to Protect Yourself or Loved Ones

The best advice for keeping away the scammers is to:

1. Don’t answer the phone if a call is from a stranger.
2. If someone calls, claiming to be from an insurance company, only take a message. Then have a trusted family member call the number back.
3. Those with elderly loved ones should check in more often.
4. Finally, anyone who suspects fraud or abuse should report it to the police or the state attorney general’s office.

Find Experienced Elder Abuse Lawyers in Stuart Today – Call Crary Buchanan

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another person caused you injury or loss. A personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

The post Beware: Elder Scams Are On the Rise – Here’s How to Protect Yourself appeared first on Crary Buchanan .

Establishing Fault When Someone Runs a Red Light

Mon, 21 Dec 2020 09:20:00 GMT

Did you know that more than two people are killed every day in the U.S. by people running red lights? In fact, studies show that red-light running crashes are on the rise with 2017 being a record high year for red-light crashes. The number of crashes in 2017 was 28 percent higher than in 2012. Sadly, nearly half, about 46 percent, of those killed in red-light running accidents were passengers in the vehicles involved in the accident, and 5 percent were pedestrians and cyclists.

Indeed, drivers running red lights are a traffic safety challenge and deaths resulting from such accidents are on the rise. That is why it is so important to use good judgment at traffic intersections and drive defensively.

However, if you have been in an accident in which you or the other driver ran a red light then there are some important things to consider when it comes to the question of who is at fault. Accordingly, in this article, we are going to discuss some of the common reasons why red-light running accidents occur, and how you can prove fault.

If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact our car accident lawyers in Stuart, martin county , at our firm, Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Find the car accident lawyers in Stuart who are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning to consult online with our online contact form.

Reasons for Accidents Involving Running a Red Light

There are many reasons why a red-light collision may have occurred. Some of those reasons are:

1. The light changes to yellow, so a driver will speed up to get through the intersection before the light changes to red. Yet, those drivers going perpendicular to the driver trying to beat the light may have already started into the intersection.
2. The light changes to yellow, so a driver slams on the brakes because they know they will not make it through the intersection in time. Thus, the driver behind the person hitting the brakes might not have enough time to react.
3. A driver is distracted and may not realize the light turned red and proceeding through the intersection anyway.
4. Bad weather may make it difficult for a driver to see that the light has changed red, and proceeds through the intersection.

While those scenarios are common, there can be any number of factors that lead to a red-light accident.

Establishing Fault with a Red-Light Collision

Any attorney will tell you that the way to prove negligence is through evidence. The more irrefutable the evidence is, the better the evidence is. Here are a few ways to prove who was at fault for a red-light accident.

1. Red light camera . Red-light cameras have been very effective in discouraging drivers from running red lights, and any footage from a red light camera could be incredibly helpful in showing how the red-light accident occurred.

2. Vehicle damage points . Another helpful way to prove that a driver was at fault for a red light accident is the location of the vehicle damage. In a standard “T-bone” type accident, it is pretty clear that the at-fault driver’s front end will be damaged, whereas the victim’s car will often have damage in the side of the car.

3. Witnesses and photos . Gathering information from witnesses and taking photos at the scene immediately after the accident also serves as great proof that can later be used to show who was the at-fault driver.

Find Experienced Car Accidents Lawyers in Stuart Today – Call Crary Buchanan

Vehicle accidents are one of the leading causes of personal injury and wrongful death in the nation. Many factors can contribute to a traffic accident, but as noted the primary reason is negligence. Drivers are negligent in a variety of ways. A driver who falls asleep may be considered negligent. When a careless driver causes an accident, you can pursue a personal injury claim or lawsuit.

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

The post Establishing Fault When Someone Runs a Red Light appeared first on Crary Buchanan .

4 Types of Affirmative Defenses in Florida

Mon, 14 Dec 2020 06:16:00 GMT

Affirmative Defenses in Florida

If you get injured in an accident, whether it is a slip-and-fall accident, a car accident, or an accident caused by a product you buy at the store, then you very likely have a claim against the party at fault. However, there is one thing you need to remember about any type of litigation, particularly a personal injury lawsuit – it is not that different from any other type of argument.

Put another way, a lawsuit is just a formal way to blame someone for hurting you. Now, in an informal, casual setting, if you blame someone for something, that person will typically not just say “I’m sorry” and accept full financial responsibility. Of course, that could happen once in a while. Yet, what is more, common is that the person you blame will defend himself in some way, whether by denying any responsibility or saying that the incident was actually your fault.

In short, you have an argument on your hands. And regardless of whether it is the homeroom aid in the playground or a judge in court, you need to persuade that neutral third party that the facts show that you are right, and the other side is wrong.

Accordingly, in this article, we are going to talk about what you might expect from a defendant if you sue them for a personal injury. Specifically, we are going to talk about the four most common affirmative defenses that you will see in a Florida personal injury case .

If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact an auto accidents lawyer in Stuart, FL, at our firm, Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Find an auto accidents lawyer in Stuart who is passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning to consult online with our online contact form .

What is an Affirmative Defense?

Typically, when you sue someone, they will defend themselves by either saying that you have no case – i.e., that they were not negligent – or they may go on offense and assert what is called affirmative defenses . An affirmative defense is not simply an assertion that you cannot prove your case. Rather, it is a defense, which often needs support with proof from the defendant that might place liability on your shoulders. In other words, it is a fact or set of facts – other than those that you, the plaintiff, allege – which might defeat or lessen the defendant’s responsibility.

The 4 Common Affirmative Defenses in Florida

Many personal injury cases in Florida involve the four following affirmative defenses:

1. Contributory negligence . Florida law is a “comparative negligence” state. That means that if you were 30 percent at fault for an accident and the defendant was 70 percent at fault, then your compensation for your injuries will be reduced by 30 percent.

2. Assumption of risk . Your compensation from a personal injury might be reduced or eliminated if the defendant can show that you knowingly did something that had a risk of injury. For example, if you go to a hockey game, your ticket will likely have an “assumption of risk” provision that states that you are assuming the risk that, by attending the game, you might get hit with a hockey puck.

3. Statute of limitations . A personal injury victim only has so many years to file a claim in court. In Florida, many personal injury cases have a four-year limit. Thus, if you fail to file a lawsuit within the appropriate amount of time, you will lose your chance to pursue a case at all due to the statute of limitations .

4. Res judicata . There is a provision in the law that states that you cannot sue someone twice for the same negligence claim. Thus, a defendant may assert that you cannot pursue the case a second time under the doctrine of “res judicata.”

Find an Experienced Personal Injury Attorney Today – Call Crary Buchanan

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

If you have more questions or want a dedicated auto accidents lawyer in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post 4 Types of Affirmative Defenses in Florida appeared first on Crary Buchanan .

Fault If I Was Rear-Ended in FL

Mon, 07 Dec 2020 18:12:00 GMT

Most of us have heard the general rule that the person who rear-ends another car is always the person at fault. The must be the law in Florida, right? Hmmm, not so fast.

When it comes to rear-ending accidents, it is sometimes not so simple as to just blame the driver doing the rear-ending. Given that Florida is a “comparative negligence” state, the question of liability for the car accident will depend upon the circumstances of your particular accident.

In this article, we are going to discuss liability in rear-end car accidents, and then discuss Florida’s comparative negligence rule. If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact an auto accidents lawyer in Stuart, FL, at our firm, Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Find a car accident lawyer in Stuart who is passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning to consult online with our online contact form.

General Rule on Rear-End Collisions in Florida

As you might expect, generally speaking, the person who rear-ended another car is the at-fault party for the rear-end accident. That is because, as we were all taught when we took driver’s ed, a driver should never follow another car so closely that he or she is unable to react in time to avoid a collision if the driver in front needs to stop abruptly.

When it comes to figuring out who the at-fault party is, police officers and insurance adjusters will be able to glean much of what they need to know by looking at the damage to the vehicles, as well as testimony from the drivers and eyewitnesses, if any.

So, you can feel comfortable in the knowledge that if you were rear-ended, then the person who rear-ended you will be liable for the accident . . . most of the time .

We say “most of the time” because, like most things, there are always exceptions to the general rule.

Exceptions to Who is At Fault in a Rear-End Collision

There have been many scenarios in which the driver in front – thinking that the general rule about rear-ends collisions always applies – will drive recklessly, “brake check” the vehicle behind him or her, or otherwise engage in road rage-type driving. That kind of negligent, or even reckless conduct, will result in partial blame falling on the driver in front who was rear-ended. The negligent driving on the part of the driver in front could be established by testimony from the driver in the rear and eyewitnesses, or even street cameras.

Another scenario in which the driver in front could be at least partially liable for a rear-end collision is if that driver’s car had faulty brake lights. Thus, the car in the rear was not aware that the person in front was braking.

Florida’s Comparative Negligence Rule and No-Fault

As noted above, Florida is a comparative negligence state, which means that fault can be assigned to all blameworthy parties based on what percent they were at fault. So, if you were rear-ended, but your brake lights were broken, then it is possible that you could be found partially at fault, and any damages for which the rear-ending driver is liable will be reduced by the percentage of your fault.

That said, Florida is also a no-fault state, which means that each driver’s insurance is responsible for paying for that person’s injuries. So, in most rear-ending accidents, the amount of fault is irrelevant, unless you suffer a severe injury for which you would pursue a personal injury lawsuit.

Find an Experienced Car Accidents Lawyer in Stuart Today – Call Crary Buchanan

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

The post Am I At Fault If I Was Rear-Ended in Florida? appeared first on Crary Buchanan .

What is the “Independent Contractor Defense” in a Vehicle Accident Case?

Mon, 30 Nov 2020 10:06:00 GMT

When you get into an accident with a truck, rather than a car, there are a number of other issues that arise. Unlike most car accident cases, truck accidents typically involve a person who is driving as part of their work or business, rather than simply commuting from one place to another. That added dimension, along with the fact that some trucks are not owned by the person driving it, can complicate truck accident cases considerably, and often give rise to a particular defense to an accident case called the “independent contractor defense.”

In this article, we are going to talk about the “independent contractor defense,” as well as the question of whether a lawsuit resulting from a truck accident could include more than one responsible party. If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact the auto accident lawyers in Stuart, FL , at our firm, Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms Stuart, Martin County .

Find auto accident lawyers in Stuart who are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning to consult online with our online contact form .

The Independent Contractor Defense

More often than not, when a trucking company is alleged to be vicariously liable (i.e., responsible for an accident even though they were not at the scene of the accident) for the actions of the truck drivers in its employ, the trucking company will claim that the driver was not an employee, but rather an independent contractor – hence the “independent contractor defense.”

Given the frequency of such claims, courts have a specific test in truck accident cases to determine when a truck driver is, indeed, an independent contractor. Some of the factors that a court looks to include:

1.The amount of control the trucking company has over the driver;
2.Whether the company sets a driver’s working hours and routes;
3. Whether the driver has the ability to refuse a load;
4. The manner in which the trucking company pays the driver;
5. The driver’s ability to enter into contracts with other trucking companies; and
6. Whether the company requires the driver to wear a uniform.

After looking at the factors above, among others, the court will then make a determination as to the connection between the company and the driver to determine liability. Thus, even if a company claims that a driver is an independent contractor, that is not the final word on the matter. – the test above will help the court make the call.

Other Potentially Responsible Parties

It is important to remember that naming lots of people in a lawsuit is not just a legal tactic. There are many situations in which certain individuals other than the driver have a role to play in a truck accident.

For example, if the truck was not loaded securely, or if it was otherwise out of balance because of the way it was loaded, that would mean that those who loaded the trucks should share in the responsibility for the accident. By the same token, those who may have improperly repaired the truck or provided defective parts could be liable as well.

In sum, liability for a truck accident is not as simple as which driver cut the other driver off. A lot may be involved in the reasons for an accident. Given that fact, it is important for you to retain the assistance of an experienced personal injury attorney if you are involved in a truck accident.

Find an Experienced Truck Accident Attorney Today – Call Crary Buchanan

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

During his time as County Attorney, he was elected to represent Martin County in the Florida Legislature. In 1945 he was elected to the Florida House of Representatives. He served in the House for nine years and even served as Speaker of the House before he went on to become a member of the Florida Senate. Today, the Crary Buchanan law firm continues to practice the example of integrity, professionalism, energy and devotion that was clearly illustrated in the lives of both Evans Crary Sr. and Evans Crary Jr.

If you have more questions or want a dedicated auto accident attorney in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post What is the “Independent Contractor Defense” in a Vehicle Accident Case? appeared first on Crary Buchanan .

What is the “Helmet Defense” in Motorcycle Cases?

Mon, 23 Nov 2020 10:21:00 GMT

At Crary Buchanan, we are often asked by motorcyclists the question of whether motorcyclists can still initiate a personal injury lawsuit for a motorcycle accident when they were not wearing a helmet at the time of the accident. The answer to that question is “yes,” you can bring a personal injury case in connection with a motorcycle accident even if you were not wearing a helmet. However, in Florida, the fact that you did not wear a helmet could be problematic for your case.

In this article, we will talk about Florida’s law with regard to wearing a helmet, and then discuss how the “helmet defense” in Florida can be a hidden cost in your personal injury lawsuit.

If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact an auto accident attorney in Stuart, FL , at our firm, Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast .

Find an auto accident attorney in Stuart who is passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning to consult online with our online contact form .

Florida Does Not Require You to Wear a Helmet

In the State of Florida, motorcyclists are not required to wear a helmet when riding provided that you are 21 years old or older, and you have at least $10,000 in bodily injury insurance coverage.

While there are many statistics demonstrating why wearing a helmet can be much safer for a motorcyclist in a vehicle accident, the decision to wear a helmet is a very personal one for many motorcyclists. Accordingly, even though you do not have to wear a helmet by law, motorcyclists who get into an accident tend to suffer far more serious injuries . That leads us to the notion of the “helmet defense” in Florida.

Florida is a “Comparative Negligence” State

What does it mean to be a “comparative negligence” State? It means that in Florida, more than one party can be blamed for the injuries and damage that result from a vehicle accident. Thus, insurance companies will pay on accident claims based on the percentage of fault of each party.

Thus, the ability to parse out how much people (or their insurance companies) pay in damages based on the percentage of fault leads to the use of the “helmet defense.”

Simply stated, those who are involved in an accident with a motorcycle will assert, as a defense, that the motorcyclist’s injuries would have been much less serious had the motorcyclist worn a helmet. In other words, a motorcyclist’s choice not to wear a helmet places a percentage of the blame on the motorcyclist for his or her injuries.

A successful assertion of the “helmet defense” – in that the motorcyclist was comparatively negligent for not wearing a helmet – can substantially reduce, or even remove entirely, any damages award that the motorcyclist may otherwise be entitled to. Of course, that would place the burden of medical costs onto the injured motorcyclist, which could be financially devastating.

Accordingly, if you or a loved one were involved in a serious motorcycle accident, you want to make sure that you have an experienced auto accident attorney in your corner. If you or a loved one were not wearing a helmet at the time of the motorcycle accident, there are still ways in which you can protect any damages award that you should receive. Your attorney will help you navigate those issues.

Find an Experienced Motorcycle Accident Attorney Today – Call Crary Buchanan

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

During his time as County Attorney, he was elected to represent Martin County in the Florida Legislature. In 1945 he was elected to the Florida House of Representatives . He served in the House for nine years and even served as Speaker of the House before he went on to become a member of the Florida Senate. Today, the Crary Buchanan law firm continues to practice the example of integrity, professionalism, energy, and devotion that was clearly illustrated in the lives of both Evans Crary Sr. and Evans Crary Jr.

The post What is the “Helmet Defense” in Motorcycle Cases? appeared first on Crary Buchanan .

What Do We Really Mean by Pain and Suffering?

Mon, 16 Nov 2020 07:17:00 GMT

When it comes to personal injury cases, we often hear the phrase “pain and suffering.” While the phrase itself is fairly broad, it has taken on such a legal connotation that we can easily be confused as to exactly what is covered by a personal injury damages award of “pain and suffering.”

Accordingly, in this article, we will take this opportunity to try to shed some additional light on the topic so that, if you have been involved in an auto accident or slip-and-fall accident , or some other personal injury , you will have some notion of what you can expect if you are claiming pain and suffering damages.

If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact the auto accident attorneys in Stuart, FL – Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Two Components to Pain and Suffering

There are two basic components to the concept of pain and suffering damages. They are physical pain and suffering, and mental pain and suffering.

Physical pain and suffering, as you would expect, is the pain you feel from having a physical injury – like a broken bone or seriously injured back muscles.

Mental pain and suffering cover the kind of negative feelings you have as a result of both the physical injuries you sustained and the shock of something like an auto accident. Thus, mental pain and suffering include mental anguish, emotional distress, loss of enjoyment of life, anger, anxiety, and shock. It is not uncommon to have serious depression, anger, mood swings, loss of sleep, or loss of appetite after a personal injury. Thus, the person who caused the injury should compensate you for those mental as well as physical injuries.

It is also important to note that pain and suffering do not only cover the injury you experienced to the time of your trial. Pain and suffering damages can include the pain, either physical or mental, you will feel in the future.

Case Examples of Pain and Suffering

To give you a better context as to what exactly pain and suffering damages might look like, some examples should help.

A. Scenario 1 – Serious car wreck

Assume that a person was in a serious car wreck. The victim who was not at fault suffered several broken bones and a concussion. Also, shortly after the accident, the victim started to have mood swings, anxiety around the prospect of driving and had difficulty sleeping. The victim ultimately went to a therapist and was mentally not able to go back to work for several months.

In that case, the pain resulting from the physical injuries and the mental anguish are all compensable as pain and suffering. While the loss of work income may be sometimes itemized separately, the lost work income as a direct result of the accident can also fall under the umbrella of pain and suffering.

B. Scenario 2 – Fender bender

Assume now that after a relatively small car accident, the victim suffers whiplash. The victim is a cyclist. Because of that injury, the victim cannot work out, and thus cannot prepare for the big cycling event that was to happen in a month. That missed event causes the victim to be frustrated, angry, and a little depressed. Even though the victim did not have to go to a mental health specialist, the relatively minor mental effects of the accident could still be claimed as mental pain and suffering.

With any case, you should be sure to consult with an experienced personal injury attorney so you understand the value of your case.

Let the Auto Accident Attorneys in Stuart at Crary Buchanan Help with Your Personal Injury Case

Vehicle accidents are one of the leading causes of personal injury and wrongful death in the nation. Many factors can contribute to a traffic accident , but as noted the primary reason is negligence. Drivers are negligent in a variety of ways. A driver who falls asleep may be considered negligent. When a careless driver causes an accident, you can pursue a personal injury claim or lawsuit.

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

If you have more questions or want dedicated auto accident attorneys in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post What Do We Really Mean by Pain and Suffering? appeared first on Crary Buchanan .

Martin County by the Numbers – Important Traffic Accident Facts

Mon, 09 Nov 2020 10:01:00 GMT

Some say, “numbers don’t lie.” We will follow that principle in this article because it is important to understand the traffic picture in your area. While there is, of course, a lag when it comes to statistics, the Florida Highway Safety and Motor Vehicles recently published its 2018 Traffic Crash Facts.

In looking at trends in the numbers, one can conclude that it is definitely a mixed bag. That is particularly true in Martin County (where our firm Crary Buchanan is located). There is some good news for car drivers and some not-so-good news for cyclists and pedestrians.

In this article, we will take a closer look at some of the Martin County statistics, as compared to the much larger Miami-Dade County. Then we will discuss what you should do if you are in a traffic accident.

If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact the personal injury lawyers in Stuart , FL – Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast .

Our personal injury attorneys in Stuart are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning consult online with our online contact form .

Some Basics Stats, and then Some Interesting Facts

What is so helpful about the Florida Highway Safety report is that it provides the data from several perspectives. Thus, not only do we get the basic numbers on traffic matters in the various counties and the State, but we can also learn a lot about traffic accidents as they relate to:

1. Drug and alcohol use
2. Teen drivers vs. older drivers, and
3. Environmental factors at the time of an accident.

With regard to the basic stats, over the three-year span of 2016 to 2018 in the entire State of Florida, total car crashes are slightly up (from 395,785 in 2016, to 403,626 in 2018), but the number of fatal crashes has dipped down slightly.

As for the involvement of alcohol in traffic accidents, there is largely some good news. With the exception of fatal crashes, the number of crashes, fatalities, injuries, and injury crashes are all slightly down during the 2016 to 2018 time period.

As for trends with regard to environmental factors – like the day and time when accidents occur, the numbers show that the fewest accidents happen on Sundays, and the most on Fridays, as you might expect. Also, the times during the work week when most accidents occur is during morning and evening rush hour.

Martin County Stats in Particular

As noted above, Martin County has relatively fewer accidents compared to other counties. In addition, the trends are favorable for pedestrians but not as good for motorcyclists and bicyclists. Overall, between 2016 and 2018, motorcycle, pedestrian, and bicycle crashes have gone down considerably (68%, 26%, and 60% respectively). Yet, motorcycle and bicycle fatalities have increased over that period of time in Martin County. Those percentages are roughly mirrored in Miami-Dade County, yet the numbers in Miami-Dade are, of course, much higher.

What Does These Stats Tell Us?

Simply put, the numbers in the Florida Highway Safety report show some positive trends towards slightly safer roads in Martin County and Florida overall. Yet, the numbers also put into stark relief just how dangerous a traffic accident can be. Also, even if the trends are moving downward, that does not help you if you are one of the people who gets into a serious accident.

Accordingly, if you are involved in any kind of serious traffic accident, make sure that you (i) call the police to the scene, (ii) ensure that any injured party gets medical attention, and (iii) retain a qualified personal injury lawyer in Stuart to help you.

Let the Personal Injury Lawyers in Stuart at Crary Buchanan Help with Your Personal Injury Case

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered and injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

Our legal team is passionate about maintaining the high standards of professionalism and legal service that were established and practiced by founding attorneys Evans Crary Sr. and Evans Crary Jr . Evans Crary Sr. began his law practice in Stuart in 1927 at a time when Martin County was only two years old. He became a municipal judge at the age of 25 and served as County Attorney for 23 years.

If you have more questions or want dedicated personal injury lawyers in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post Martin County by the Numbers – Important Traffic Accident Facts appeared first on Crary Buchanan .

How Can You Prove Lost Wages After a Car Accident?

Mon, 02 Nov 2020 13:19:00 GMT

After a serious car accident, there are many things that you need to worry about. You have to, first and foremost, get medical attention. You also have to worry about making sure that your job is covered or that you can take time off. If you are self-employed, then you need to speak directly with clients to make sure that you will not lose business because of the recovery time following the accident. You also need to work on family care, and eventually getting a new car – or fixing the one damaged in the accident.

On top of all of those worries, you are now dealing with insurance companies. Depending on how serious the accident, you may have the ability to file a lawsuit to receive compensation for all of your expenses.

Lost Wages is Part of Compensation from a Car Accident

With regard to expenses, you may realize that you need to get your medical bills covered by the at-fault driver’s insurance company or your own insurance company. You also know you should also get compensation for repairs to your car. However, did you know that you should also be covered for lost wages?

Indeed, if you are injured, particularly with broken bones or other injuries that make it difficult for you to move, your doctor will most likely order that you need to stay in the hospital or that you cannot go to work for a period of time. Thus, if you miss work because of a car wreck caused by someone else, then you are legally entitled to receive compensation for lost wages.

In this article, we will discuss the types of lost wages, and what proof you can provide to support your claim for lost wages. If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact the personal injury attorneys in Stuar t , FL – Crary Buchanan. At Crary Buchanan , we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Categories of Lost Wages

There are actually three main types of lost wages.

1. Past wages . As the name implies, past lost wages refer to the wages you did not receive from the time of the accident to the present.

2. Future wages . If you suffered injuries so traumatic that a doctor has concluded that you are unable to work at all in the future, then you are entitled to future lost wages.

3. Diminished earning capacity . If you are able to go back to work, yet you cannot work at the level you could prior to the accident, then your compensation should cover the difference between your earning capacity before the accident compared to your earning capacity after the accident.

Proving Lost Wages

To obtain compensation for lost wages after a car accident, you need to provide some type of supporting documentation. Here are a few types of documentation to prove your lost wage damages:

1. A letter from your employer, indicating the number of wages you did not receive following the accident.
2. Tax returns and bank statements, which are particularly helpful for self-employed individuals who cannot obtain an employer letter.
3. Letters from clients, again for self-employed individuals.
4. Pay stubs or other evidence of past earnings.
5. For future lost wages, you can employ an expert who can testify to the number of wages you will lose in the future.

If You Are in a Serious Car Accident, Let the Personal Injury Attorneys in Stuart Help with Your Personal Injury Case

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered and injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

Our legal team is passionate about maintaining the high standards of professionalism and legal service that were established and practiced by founding attorneys Evans Crary Sr. and Evans Crary Jr . Evans Crary Sr. began his law practice in Stuart in 1927 at a time when Martin County was only two years old. He became a municipal judge at the age of 25 and served as County Attorney for 23 years.

The post How Can You Prove Lost Wages After a Car Accident? appeared first on Crary Buchanan .

Are There Exceptions to the Statute of Limitations?

Mon, 26 Oct 2020 15:14:00 GMT

There is an important principle in the law that has to do with, essentially, giving people a time limit . If we get injured in a car accident, can we wait for years and years before we bring a lawsuit against the driver who caused our injuries? No. A time limit is placed on the time a person has to bring a lawsuit. That time limit is written in a statute, and that statute is called the statute of limitations .

What is tricky, however, is that there are different time limits, i.e., the statute of limitations, is different depending upon the issue. While the statute of limitations for a car accident case is generally 4 years, a claim for wrongful death usually has a 2-year statute of limitations.

Accordingly, if you have a personal injury claim, it would be a good idea to have a consultation with a personal injury lawyer in Stuart to understand what the time limit for your claim would be. In fact, you can begin by looking at our previous blog about the statute of limitations .

That being said, there are times when the statute of limitations may not need to be strictly applied. That is to say that there are a few important exceptions to the statute of limitations in certain circumstances.

That is what this article is about. Here, we will discuss the exceptions to the statute of limitations in personal injury cases. If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact the personal injury attorneys in Stuart, FL – Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Suspending – or Tolling – the Statute of Limitations

When we say exceptions to the statute of limitations, what we are really saying is that the statute of limitations may not be avoided forever. Rather, we are saying that there are a number of situations in which you can delay, suspend, or pause the statute of limitations for a period of time. Thus, the statute of limitations does not go away, but rather you will have more time than usual to bring a lawsuit in court.

Here are a few reasons why the statute of limitations can be tolled for a period of time.

1. Being mentally incompetent

If a person suffered from mental incapacity prior to the accident or injury, then a person who is injured in an accident will have more time to bring his or her case. Someone who suffers from mental incapacity because of the accident does not get to toll the limitations period.

That said, in Florida, the latest anyone can bring a personal injury action is 7 years after the date of injury. Thus, the tolling of the statute for a mentally incapacitated person can go beyond the normal limitations period, but cannot extend beyond 7 years.

2. Evasive Defendant

It happens frequently that defendants who caused an accident will hide from a lawsuit by concealing their location in Florida or leaving the State. In those circumstances, the statute of limitations period can also be tolled.

3. Arbitration

Florida law, like many states, tries to encourage disputes to be worked out in arbitration rather than in court. Accordingly, if there is a pending arbitration case that is connected to the personal injury at issue, then the statute of limitations period is tolled until the arbitration is complete.

Let the Personal Injury Lawyers in Stuart Help with Your Personal Injury Case

When a careless driver causes an accident, you can pursue a personal injury claim or lawsuit.

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

The post Are There Exceptions to the Statute of Limitations? appeared first on Crary Buchanan .

What Are the Elements of a Florida Wrongful Death Claim?

Mon, 19 Oct 2020 13:45:00 GMT

How can you know if you have an eligible wrongful death claim? You can determine if you have a wrongful death claim if another person’s careless actions harmed your relative and caused their death. This could be the actions of a speeding or a drunk driver, a manufacturing company’s negligence in making auto parts that resulted in an accident, and so forth.

In this article, we will discuss the common elements of a Florida Wrongful Death Claim. If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact the personal injury attorneys in Stuart, FL – Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast .

What is Wrongful Death?

To begin, it is important to understand the concept of a “wrongful death.” A civil claim arises for wrongful death when a person dies due to the negligence of another. For example, assume that a shopping center has a dangerous condition on the second level of the mall, and a child drawn to that area accidentally falls and later passes away from his injuries. That is a wrongful death because the mall negligently created a dangerous situation that resulted in someone’s death. A wrongful death claim brought in connection with that tragedy is a civil claim filed by a family member of the deceased person against the shopping center.

In short, a wrongful death claim is a civil lawsuit brought by a family member of someone who died, with the purpose of holding the person (or company) responsible for their negligence that caused the death.

Wrongful Death Elements?

In Florida, wrongful death claims are regulated by statute, specifically the Florida Wrongful Death Act. With regard to the statutory definition of “wrongful death,” the Florida Wrongful Death Act provides that a claim may be filed when the individual’s death was caused by “the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters.”

Breaking that down, here are the three basic elements of a wrongful death claim. A family member must prove the following:

1. Conduct that amounts to a wrongful act , negligence, default or breach of contract or warranty;
2. The conduct in question was the cause of the family member’s death; and
3. The conduct in question would have allowed the deceased person to file a lawsuit had he or she not perished in the accident.

It is important to note that when you bring a wrongful death action to recover due to the death of a loved one, the two most contentious elements will likely be negligence and causation. In other words, the party being sued will challenge a wrongful death lawsuit by arguing (i) that the party was not negligent at all, and (ii) that any alleged negligence was not the cause of the death.

Statute of Limitations

A “ statute of limitations ” defines the amount of time that you have to file a lawsuit. If you fail to file a lawsuit within the statute of limitations period, then you will likely lose your ability to recover anything based on another’s negligence.

In Florida, the statute of limitations for a wrongful death claim is short – only two years . That is shorter than the limitations period for a normal civil lawsuit based on someone’s negligence. Accordingly, if you have suffered the loss of a loved one, and you know it is because of someone’s negligence, do not sit on your rights. Be sure to contact a personal injury attorney as soon as possible to begin the wrongful death claim process.

Let the Personal Injury Attorneys in Stuart Help with Your Wrongful Death Case

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

Our legal team is passionate about maintaining the high standards of professionalism and legal service that were established and practiced by founding attorneys Evans Crary Sr. and Evans Crary Jr . Evans Crary Sr. began his law practice in Stuart in 1927 at a time when Martin County was only two years old. He became a municipal judge at the age of 25 and served as County Attorney for 23 years.

During his time as County Attorney he was elected to represent Martin County in the Florida Legislature. In 1945 he was elected to the Florida House of Representatives. He served in the House for nine years and even served as Speaker of the House before he went on to become a member of the Florida Senate. Today, the Crary Buchanan law firm continues to practice the example of integrity, professionalism, energy, and devotion that was clearly illustrated in the lives of both Evans Crary Sr. and Evans Crary Jr.

The post What Are the Elements of a Florida Wrongful Death Claim? appeared first on Crary Buchanan .

What Does a Legal Claim of Elder Abuse Look Like?

Mon, 12 Oct 2020 07:32:00 GMT

During the past year, about 1 in 6 people who are 60 years and older have experienced some form of abuse in community settings during the past year. Unfortunately, rates of elder abuse are high in institutions such as nursing homes and long-term care facilities. Accordingly, elder abuse , whether it is in a nursing home setting, or perpetrated by family members is something that should be stopped as soon as it is discovered.

In this article, we will tackle the tough issue of elder abuse, define what it is, and discuss what a legal claim of elder abuse might look like. If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact the personal injury attorneys in Stuart , FL – Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast .

Our personal injury lawyers in Stuart are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning to consult online with our online contact form .

What Is Elder Abuse?

Elder abuse or neglect is action or inaction, done intentionally, by a caregiver that results in potential or actual harm to an adult 60 years or older. The abuse can occur in nursing homes, in which a member of the nursing staff is the abuser. However, more often elder abuse is a domestic issue. Abusers can be the adult children or grandchildren of the elder abuse victim, or can even be the spouse of the victim.

Elder abuse is not just physical abuse. The concept of elder abuse incorporates all forms of abusive conduct, including abuse that is physical, emotional, sexual, financial, or borne of neglect.

There are, however, some clear signs of such abuse that you may be able to identify easily.

Signs of Elder Abuse

There are a few “red flags” that may help you quickly identify elder abuse. They include:

1. Unexplained injuries or signs of neglect . If an elder has visible sores or bruises, contracts a sexually transmitted disease, suffers from malnutrition, dehydration, or soiled clothing, they could all be tell-tale signs.
2. Unusual financial conduct . Financial elder abuse could manifest as suspicious bank activity, major withdrawals, unpaid bills, or missing personal property.
3. Withdrawn or uncharacteristic behavior . Emotional abuse could be more difficult to detect. Yet, signs of emotional or psychological abuse could be where the victim is withdrawn, avoids eye contact, shows low self-esteem, engages in self-injury, attempts to hurt others, or shows sharp mood swings.

A Legal Elder Abuse Claim

What is most important to know is that elder abuse can be prosecuted criminally as well as in a civil lawsuit. Indeed, if you discover signs of elder abuse of a loved one, you should call the authorities so there can be an investigation. More often than not, an elder abuse case can be handled by the State of Florida as a criminal matter, in which the abuser would face criminal sanctions like fines, and possible time in prison.

That being said, Florida also has a statute that provides a civil cause of action for abuse of the elderly. It is a lawsuit that can be brought by the victim, or by that person’s guardian or an organization acting on behalf of the victim.

A civil lawsuit under Florida Statute 415.1111 (an action for abuse of the elderly) would proceed similar to other personal injury actions. The plaintiff would need to prove the abuse and then seek actual and punitive damages.

Part of actual damages would include compensation to the victim for medical expenses, financial losses, emotional distress, and pain and suffering to name a few. In addition, punitive damages are available to elder abuse victims in Florida. Punitive damages are awarded to specifically punish the abuser in order to discourage such conduct by others in the future. Punitive damages can be significant, sometimes three times the amount of actual damages.

Let the Personal Injury Attorneys in Stuart Help with Your Elder Abuse Case

It is among one of the most tragic circumstances when those charged with the care and well being of senior citizens are actually the ones who are causing them the most harm. Elder abuse is a detestable crime and should be punished. If you have put your elderly loved one in the care of a nursing home or caretaker then you trust those people to provide them with the care that they can no longer provide themselves.

Sometimes, caretakers participate in abusive practices that cause patients both physical and emotional harm. Elder abuse can be physical, psychological, and emotional. Nursing home staff may become impatient with the elderly and lash out in physical violence toward them. Since the elderly cannot defend themselves, they may feel as if they have no way out of this abuse. If you notice signs of harm then contact authorities immediately.

Caretakers may also neglect to keep up sanitation which can leave the elderly living in an unsanitary atmosphere that can make them ill. Caretakers may even verbally threaten their patients or neglect them, which can constitute emotional and psychological abuse. If you notice signs of any of these types of abuse, contact the authorities immediately and get in touch with the elder abuse lawyers from our firm.

If you have noticed recent signs of elder abuse then you need to take action. Our firm personal injury attorneys in Stuart have the experience you need to help the elderly get justice in cases of abuse. You will be treated with the utmost care and compassion when dealing with a Stuart, Martin County lawyer from our firm, while they simultaneously will be fighting aggressively on your behalf.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

A Step-by-Step Guide to the Personal Injury Claim Process

Mon, 05 Oct 2020 10:03:00 GMT

If you are injured because of another person’s negligence – whether someone was driving recklessly, or a supermarket left a slippery condition in an aisle, or someone failed to control their dog – there is a whole process that begins for you to get compensation for your injury. The process can seem confusing, but you will soon find that it follows a predictable path.

The process involves hiring an attorney, gaining an understanding of the laws that pertain to your case, filing a complaint, gathering evidence in your case, entertaining settlement offers and going to trial if the case does not settle.

In this article, we will discuss that step-by-step process for a personal injury claim. If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact the personal injury lawyers in Stuart , FL – Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast .

Step 1 – Hire a Personal Injury Attorney

Think of a personal injury attorney as the guide to your personal injury case. He or she can make sure that you take the best, most efficient path towards getting the compensation you deserve for your injuries. While you could try to represent yourself in court, people who hire an attorney receive, on average, larger settlement amounts than those who go it alone.

Accordingly, your first step in the process should be to search for and hire an attorney to represent you. Running a Google search in your area is a good way to get started. Most personal injury attorneys offer a free initial consultation, so take advantage of that opportunity, meet with a few attorneys and see with whom you click.

Do not forget to discuss the issue of attorneys’ fees during your meeting. Many personal injury attorneys work on a contingency basis, meaning that you do not need to pay anything unless you get money for your injuries, at which time the attorney’s fee is a percentage of the money you are awarded. Luckily, most attorneys charge the same percentage, so you do not need to worry much about having to pay more than what most attorneys receive.

Step 2 – The Statute of Limitations

Florida law requires personal injury victims to file a lawsuit within a certain time, or they lose the ability to sue for their injuries at all. That means that you cannot sit on your rights. Rather, you need to initiate a claim within a reasonable amount of time. Florida’s statutes of limitations include generally four years for a personal injury claim, three years for a personal injury claim against a government entity, and two years for a wrongful death action.

Step 3 – The Lawyer Letter

Before immediately filing something in court, you and your attorney will want to give the party financially responsible for the injury (usually an insurance company) the chance to make the situation right without a lawsuit. That means that your attorney will send a “demand letter.”

This is simply a letter to the defendant that formally requests payment for the damages you have suffered as a result of an accident. If the insurance company (or the person who was negligent) refuses to pay for your injuries, or even negotiate then you will need to file a lawsuit.

Step 4 – Filing a Complaint in Court

A complaint is the document that gives notice to the court that you have a personal injury claim against another person, or insurance company (or both) who are called “defendants,” and you are seeking compensation for your injuries. The complaint lists the parties involved, the facts of your case, and the legal claims you are alleging, such as negligence. Once the complaint is filed you typically have about 30 days within which to serve that complaint on the defendant(s).

Step 5 – Discovery

During the discovery phase, usually the longest part of any lawsuit, you and your attorney are focused on gathering or “discovering” information about the case. Here your attorney will speak to witnesses, question the parties involved, and obtain documents like medical records, police reports, and insurance reports.

Step 6 – Possible Settlement

Throughout the process, there will likely be negotiations with regard to settling the case without going to trial. Virtually all personal injury cases settle before making it to trial. So, you want to be sure that you have a realistic picture of the strength of your case, and the amount of compensation that you will accept.

Step 7 – Trial

Finally, if a settlement cannot be reached, the case will go to trial, in which the court will hear evidence from both sides and the jury will render a verdict. A trial is typically time consuming and very expensive for the litigants. That is why most cases settle before trial.

Let the Personal Injury Lawyers in Stuart Help with Your Personal Injury Case

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered and injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

There is no need to be intimidated by making a personal injury claim after an auto or truck accident when you have the support of the talented team at Crary Buchanan. If you have more questions or want a dedicated personal injury attorney to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post A Step-by-Step Guide to the Personal Injury Claim Process appeared first on Crary Buchanan .

Not Your Grandpa’s Phishing Invitation

Mon, 28 Sep 2020 09:54:00 GMT

While many on the Treasure Coast pleasantly dream about youthful fishing trips with grandpa, others are awoken by their phishing expedition nightmares. Regarding the latter scenario, our local businesses should be cognizant that various new scams have begun to pop up locally which involves the use of deceitful electronic communications to fraudulently obtain funds from unsuspecting businesses. Some of these scams can be minor and seemingly innocuous, such as the gift card request, which typically involves the use of a spoofed email to an employee, purportedly from a superior, in which the employee is instructed to purchase gift cards and provide the gift card information to the sender. Others, such as those involving last-minute changes to wiring instructions, can have crippling effects on any business. Although there are numerous iterations of this wire transfer scheme, one common example plays out as follows: a hacker gains access to an email account, typically through the use of a “phishing” email. Then, the hacker monitors the communications in and out of the account for weeks, if not months. The monitoring allows the fraudster to learn the course of dealings between parties involved in a business transaction, including when and how payments are to be made. Then, days or moments before significant funds are set to be wired, the hacker sends an email with new wiring instructions for the transfer. Because these emails either typically come from the purported sender’s account or are “spoofed” to appear as though they do, the recipient generally is unaware of any reason to question the request. Consequently, the recipient unwittingly transfers tens or hundreds of thousands of dollars (if not more) to the fraudster’s bank account. By the time the parties realize what has transpired, the money is likely offshore and gone forever.

Due to these types of scams, as well as others now in existence or currently in the making, it is imperative that businesses undertake a multi-faceted approach to minimize victimization and loss. At a minimum, this approach should likely include the utilization of IT professionals to vigilantly protect, monitor, and maintain computer security and to, further, act with diligence in the event of a suspected computer breach. A little expense now goes a long way later. In addition, employee education is paramount. Employers should likely educate their employees on the current scams and advise them to be cautious and diligent when involved in any electronic transaction, whether such transaction is in-house or with third-parties. Employers should also likely implement protocols for verbal confirmation of all electronic instructions, including but not limited to, mandatory telephonic or person-to-person (when available), confirmation of all written instructions. Notably, however, even with the best safety measures in place, fraudsters will continue to evolve and take advantage of the less wary. As a result, it is essential for businesses to also look for other methods of risk mitigation, such as through insurance. After all, when the actual parties have both been duped, such as in a vendor/vendee relationship, who is going to bear the loss?

While there are various insurance policies potentially available on the market, it is important to understand that the market is likely lagging the fraudsters in creativity. For example, a business could likely find an available policy which covers “cyber-crimes”, but the actual policy language may not contemplate situations such as those described above. As a result, after a loss, the insured is forced to try to fit a square peg in a round hole to obtain coverage.

Due to the uncertainty in this area of the law, as well as the various potentially available coverages, business owners should likely engage in an in-depth discussion with their insurance providers and counsel regarding available coverages. The business owner should be aware that such coverages may include but are not limited to, general liability policies with applicable endorsements or separate policies, which cover losses for crime, computer fraud, and/or cyber conduct. Despite the names of these policies and provisions, though, a business owner should never assume that the policy automatically covers the type of electronic fraud discussed above. Instead, it is imperative that the business owner read the governing policy language to determine the actual breadth of coverage. While it is likely impossible to predict every single hypothetical scheme that may be concocted and whether it would be covered under certain policy language, the business owner should seek the broadest coverage available on this issue. Moreover, although not widely known, there is actually room for the business to negotiate broader coverage with an insurer. In doing so, a business owner may wish to consult with his/her insurance agent about potential policies and endorsements available which provide “Social Engineering Fraud Coverage”. By way of example, some of these policies/coverages may be written with the following or similar provisions:

1. “loss resulting from an Organization having transferred, paid or delivered any Money or Securities as the direct result of Social Engineering Fraud committed by a person purporting to be a Vendor, Client, or an Employee who was authorized by the Organization to instruct other Employees to transfer Money or Securities.”

2. “direct loss from the transferring, paying, or delivering of Money or Securities, directly caused by Social Engineering Fraud.”

3. “the Loss of Assets, excess the applicable deductible, resulting directly from Agent Theft, Computer Fraud, Dishonesty, Forgery, Funds Transfer Fraud, Impairment, Fraudulently-Induced Instruction or Non-Payment of Money order/Counterfeit Paper currency, which is first discovered by the Insured pursuant to clause [ ] Discovery of Loss of this Loss of Assets Coverage Section.”

In sum, it is important for businesses to take a multifaceted approach to minimize victimization and loss arising out of electronic fraudulent money transfer schemes. This approach should likely, at a minimum, focus on engaging qualified IT professionals, educating and training employees, and obtaining broad insurance coverage which contemplates the types of wrongful acts currently being perpetrated by highly skilled bad guys. As always, businesses must remain vigilant and plan accordingly.

For more information, please contact:

Crary Buchanan , P.A.
759 S.W. Federal Hwy, Ste. 106
Stuart, Florida 34994
Tel : 772-287-2600

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What is the Statute of Limitations in Personal Injury Cases?

Mon, 21 Sep 2020 12:01:00 GMT

There is a legal phrase that you most likely have heard – “the statute of limitations.” Yet, you also most likely don’t exactly know what it is referring to. Is it a law? What exactly is the statute limiting? Granted, it sounds a bit confusing. But in reality, it is really quite simple when defined.

Stripped to its essence, a statute of limitations is a law, or “statute” that “limits” how long someone has to bring a lawsuit for something. You may have heard the notion that there is no statute of limitations on murder. That is correct. In homicide cases, a person can be prosecuted for the crime decades after the crime occurred. However, with all other crimes or civil matters – like a personal injury lawsuit – you only have a certain amount of time during which you can bring legal action to the court.

With the official definition of the “statute of limitations” under your belt, this article is going to dive into the reasons we have a statute of limitations in the law, and the various statutes of limitation for all different types of personal injury cases.

If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact the personal injury law firm in Stuart, FL – Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast .

Our personal injury law firm in Stuart is passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning to consult online with our online contact form .

Why Even Have a Statute of Limitations?

There are actually a few reasons why having a statute of limitations makes good public policy sense.

First, a statute of limitations provides an incentive for people to avoid sitting on their rights . In other words, if you were injured in an accident, and you can get compensation from the party responsible for your injuries, then you should do so promptly, within a reasonable amount of time, or you will lose the opportunity. That is correct, if you do not bring a lawsuit to obtain compensation for your injuries within the time given in the statute of limitations, then your legal claim is forever barred.

Second, a statute of limitations avoids putting a cloud over a potential defendant forever . It is generally unfair to let someone worry and stress about the possibility of litigation for the rest of their lives. Truly, it is not a pleasant thought to be constantly concerned that someone might sue you for a car accident that happened 20 years ago. Hence, the statute of limitations puts a maximum time on how long a cloud can hang over a potential defendant’s head.

Third, a statute of limitations ensures that important evidence does not get lost . We all know that, over time, things get lost or misplaced, and people’s memories fade. Indeed, it would be a challenging trial indeed if we were to ask witnesses to an accident to testify about what they saw 20 years ago, or to try to unearth medical documents from 20 years ago. Accordingly, having a reasonable limitations time period will ensure that evidence is not lost over time.

What Are the Statutes of Limitation in Florida?

Each state has its own set of statutes of limitations. Therefore, the time you have to bring a personal injury case for a dog bite in Nebraska may be different from the limitations period in Florida.

Accordingly, here is a list of some common personal injury claims, and the general statute of limitations for those claims. If you have a personal injury claim, then you should make sure to confer with a personal injury law firm in Stuart, FL to confirm the statute of limitations applicable to your own claim.

1. Automobile Accidents – generally, if one driver was negligent and responsible for injuring someone, the injured party has 4 years to file a lawsuit for personal injuries and for property damage.

2. Motorcycle Accidents – generally, there is a 4-year limitations period, which goes down to 2 years for a wrongful death claim related to a motorcycle accident.

3. Bike and Pedestrian Accidents – generally, an injured cyclist or pedestrian has the same limitation period as in motorcycle accidents.

4. Slip and Fall Accidents – generally, a 4-year statute of limitations, which goes to 2 years for a wrongful death claim.

5. Wrongful Death – generally, a party has 2 years from the date of death to bring a wrongful death action.

6. Medical Malpractice – generally, such claims have a 2-year statute of limitations from the date of discovery of an injury, but 4 years is the maximum limitation period for any medical malpractice claim.

Again, be sure to consult with an experienced personal injury attorney to confirm the statute of limitations applicable to your case.

Let the Personal Injury Law Firm in Stuart, Crary Buchanan, Help with Your Personal Injury Case

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered and injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

The post What is the Statute of Limitations in Personal Injury Cases? appeared first on Crary Buchanan .

Dog Bite: No Big Deal, Or Is it?

Mon, 14 Sep 2020 12:16:00 GMT

If you were bitten by a dog in Florida, you may likely have a personal injury claim against the dog owner. It all depends on the circumstances of where you were when the incident happened, whether the dog has a history of violence and whether the dog owner took necessary precautions. All of that is to say that a dog bite can be a big deal and could result in compensation for you if you were the victim of such a dog attack.

In this article, we are going to talk about various aspects of Florida’s dog bite laws, including dog owner liability, Florida’s “dangerous dog” statute, and whether there are limits on a dog owner’s liability.

If, after reading this blog, you have additional questions about your own situation, then we welcome you to contact the personal injury lawyers in Stuart , FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast .

Dog Owner Liability in Florida

Florida is a “strict liability” state with regard to dog bites. What “strict liability” means is that a dog owner can be held legally responsible for a dog biting a victim even if the dog owner had no knowledge, and no way of knowing, that the dog could be aggressive. In other words, a victim of a dog bite does not need to prove that the dog owner was negligent (failed to use reasonable care) in any way. Rather, under most circumstances, the dog owner is liable even if he or she behaved reasonably with regard to the dog.

Thus, if you were bitten by, and thus injured by, a dog, you can file a personal injury suit against the dog owner as long as you were legally allowed to be in the location that the incident happened, i.e., you were either in a public space or lawfully on private property.

That said, even if you were not lawfully on private property when the incident happened, you could still bring a personal injury suit against the dog owner. But strict liability would not apply. Instead, you would need to prove that the dog owner was negligent in some way.

There are generally four types of claims that dog-bite victims make in personal injury suits when seeking compensation for their injuries.

1. Negligence – If the dog owner failed to provide reasonable care when handling the dog, then the owner can be held liable for injuries caused by the dog.

2. Negligence per se – If a dog owner failed to follow a law or regulation regarding animals, then that failure is sufficient to hold him or her responsible for injuries caused by the dog.

3. “One Free Bite Rule” – Any owner who knows of a dog’s history of aggressive behavior (i.e., the dog has already gotten one free bite) then the owner can be held responsible.

4. Intentional Tort – If the dog owner actually intended for a dog to attack someone, then that owner can be sued for a claim similar to assault and battery (or may even be exposed to criminal liability).

Florida’s Dangerous Dog Statute

Those who own a dog designated as a “dangerous dog” must take additional precautions under Florida law. A dangerous dog is one that has:

1. Aggressively attacked, bitten, or caused severe injury to someone;
2. Seriously injured or killed another animal more than once; or
3. Chased or aggressively approached a person without provocation.

Limits on a Dog Owner’s Responsibility

If you are a dog owner, you might be reading this with some trepidation, given the exposure to liability if your dog does something unexpected and hurts someone. To assuage your fears a bit, there are some things that will reduce or even eliminate your liability in connection with an incident if your dog bites someone.

In short, you may not be held legally responsible for your dog’s behavior if:

1. The victim was unlawfully on your property;
2. The victim was provoking your dog; or
3. The dog was defending you (or someone else) when it sensed a perceived attack by the victim.

In sum, it is important to know that in Florida if you were bitten by a dog, you might be able to obtain personal injury damages to compensate you for your injuries. And, if you own a dog in Florida, you need to understand that such ownership comes with some legal responsibilities.

Let the Personal Injury Lawyers in Stuart, at Crary Buchanan, Help with Your Dog Bite Case

Many factors can contribute to a dog bite incident, and dog bite might not be as minor as you initially may think. It doesn’t matter what type of injury you sustained. You have the right to seek compensation if a dog caused you injury – even if you were partially responsible for the accident. Dog bite injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

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Permanent Link: What Does Florida’s “Eggshell Plaintiff” Rule Mean?

Mon, 07 Sep 2020 12:31:00 GMT

Lawyers often like to find ways of saying things that are not easily recognizable to those who have not studied the law.

Lawyers like to use Latin a lot. Phrases like prima facie and res ipsa loquitor are particularly popular ones. (Incidentally, prima facie means “first view” or “first appearance,” normally used to describe the basic proof a person needs to make a legal case; and res ipsa loquitor means “the thing speaks for itself,” typically used to describe a situation in which the circumstances are clear that someone must have been negligent to result in a person’s injury – like something falling off of the building.)

Sometimes, however, lawyers like to use phrases in English that still would not make much sense to the average listener at first blush. The term “eggshell plaintiff” is one of those phrases. However, once you have learned what the phrase refers to, then it makes perfect sense.

It is unclear whether it is for job security, or whether lawyers like to feel smart by using certain “terms of art” that don’t seem to make a lot of sense to non-lawyers. Yet, you should rest assured that once you are given the key to what a “legalese” term or phrase means, then you will know exactly what is going on in your case.

Accordingly, in this article, we are going to discuss what Florida’s “eggshell plaintiff” rule is, and how it might impact a personal injury case. If after reading this blog, you have additional questions about your own situation, then we welcome you to contact the personal injury attorneys in Stuart, FL at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

What is the “Eggshell Plaintiff” Rule?

The “eggshell plaintiff” rule has everything to do with preexisting conditions . That is to say that an accident that causes injury, like a car accident, can impact different people in different ways.

A car accident could result in minor injuries to a young person with no preexisting conditions, and yet the same car accident could result in very serious injuries to an older person if the accident exacerbated that older person’s preexisting conditions.

The person with preexisting conditions is often referred to as the “eggshell plaintiff.” That is because he or she is more sensitive to an accident. Thus, that person is, so to speak, more “fragile” or more easily “breakable.” Hence, we have the term “eggshell plaintiff.”

So, what is the “eggshell plaintiff” rule? The rule states that the negligent party – i.e., the person who caused the accident – do not get to claim that the injured person’s preexisting condition excuses their negligent conduct.

Rather, a jury deciding a personal injury case should attempt to take into account the injured victim’s preexisting condition when awarding damages. Yet, if the jury cannot make a distinction between what injury would have normally occurred from the accident if the victim did not have preexisting conditions and the victim’s actual damages, then the jury is encouraged to award damages for all of the victim’s injuries , regardless of preexisting conditions.

When Does the Eggshell Plaintiff Rule Apply?

The eggshell plaintiff rule is used in Florida, and many states in the U.S. It applies in many situations, including:

1. When an injury starts up a condition that was previously dormant in the victim;
2. When an injury aggravates a condition that was under control;
3. When an injury worsens a preexisting defect, disease, or disorder; and
4. When an injury accelerates someone’s death or disability.

Even though this article essentially explains what the “eggshell plaintiff” rule in Florida means conceptually, there are many complexities to the rule in practice . That is why you need an experienced personal injury attorney in Stuart to help guide you through your own personal injury case. Indeed, having a seasoned personal injury attorney in your corner when you have been injured in an accident will ensure that you maximize the compensation you receive in personal injury damages.

Let the Personal Injury Attorneys in Stuart, at Crary Buchanan, Help with Your Personal Injury Case

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

There is no need to be intimidated by making a personal injury claim after an auto or truck accident when you have the support of the talented team at Crary Buchanan . If you have more questions or want a dedicated personal injury attorney to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post Permanent Link: What Does Florida’s “Eggshell Plaintiff” Rule Mean? appeared first on Crary Buchanan .

Permanent Link: What Is Florida’s Serious Injury Threshold?

Mon, 31 Aug 2020 12:31:00 GMT

One of the most common lawsuits that are filed in Florida is the personal injury lawsuit. Thus, among all of the cases that are on the dockets in courts throughout the state, personal injury suits take up much of the court’s capacity. Even though most personal injury lawsuits are settled before they go to court, such cases take up a lot of the courts’ time in Florida.

That is part of the reason why Florida law has established a no-fault system with regard to car accidents. The idea of having a no-fault car accident law is to minimize the cases that could come to court in the first place. With Florida’s no-fault system for car accidents, every Florida driver is required to carry “personal injury protection” insurance, or PIP insurance, of $10,000 so that not every single car accident case resulting in injuries makes it to trial.

Indeed, that $10,000 maximum paid out – regardless of fault – is a way to keep many smaller-injury cases out of court. In addition, Florida law also has something called a “serious injury threshold” law that is also meant to keep most cases out of court, so the court need only focus on the most serious.

Accordingly, in this article, we will discuss what the serious injury threshold law is in Florida, and we will discuss what facts are required to find out whether you have met or exceeded the threshold or not.

If after reading this blog, you have additional questions about the serious injury threshold, then we welcome you to contact the seasoned attorneys at Crary Buchanan. At Crary Buchanan , we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our personal injury attorneys are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning to consult online with our online contact form .

What Is the Serious Injury Threshold?

As noted, the serious injury threshold is a way for litigants and courts to determine whether a person’s injury is serious enough to allow a case to go to a trial. In other words, if you were injured in a car accident, your injuries must meet certain requirements if you want to sue the negligent driver who causes your car accident .

As you might expect, a bruised arm would not meet the “serious injury” threshold, but a torn ligament in your arm just might.

As for legal significance, another person is not liable for a car accident, even if he caused the accident unless the victim’s injuries meet a medical threshold, i.e., the serious injury threshold. Notably, PIP insurance, which allows for no-fault coverage, does not allow for pain and suffering compensation for an accident victim. Thus, a person would not be able to ever receive pain and suffering damages unless they met the threshold to file a personal injury suit.

Four Categories to Determine the Threshold.

Florida’s serious injury threshold law sets out an overall standard that is used to guide courts in determining which injuries meet the threshold and which do not. The standard has four main categories:

1. Significant and permanent loss of an important bodily function;
2. Permanent injury within a reasonable degree of medical probability;
3. Significant and permanent scarring or disfigurement; or
4. Death.

How Do You Know If You Meet the Threshold in Your Case?

The four-part standard above is purposefully vague. That is because people are very different in what can be regarded as serious injuries. An Olympic athlete who strains his neck in a car accident may likely recover quickly because of the good shape the person is already in. By contrast, an 80-year-old person with a strained neck might be in serious distress and may not be able to heal quickly, or at all.

Thus, a court would need to consider all the facts to determine whether one of the four standards above has been met.

As a rule of thumb, however, a broken bone – which virtually always results in significant loss of a bodily function – is typically found to meet the serious injury threshold.

Most Importantly, Have an Attorney Help You Determine Whether You Have a Personal Injury Case.

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered and injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

The post Permanent Link: What Is Florida’s Serious Injury Threshold? appeared first on Crary Buchanan .

Permanent Link: Florida Wrongful Death Claims: Who is Eligible for Compensation?

Mon, 24 Aug 2020 12:34:00 GMT

Back in 1994, O.J. Simpson was famously acquitted of the murder of Nicole Brown Simpson and Ronald L. Goldman. It was a case that captured the nation’s rapt attention, divided the nation by race, and put a spotlight on the power of celebrity and wealth in our criminal justice system. Indeed, most only remember that murder trial, and his acquittal.

Yet, there was another trial. It was a trial in which O.J. Simpson was found responsible for the death of Ms. Brown and Mr. Goldman.

That’s right, on one level, O.J. Simpson was found guilty of those murders. It was, however, in a civil wrongful death lawsuit, rather than a criminal murder trial.

In this article, we will discuss precisely what a wrongful death claim is, and more importantly, who is eligible for compensation in connection with a wrongful death claim.

If after reading this blog, you have additional questions about wrongful death claims or if your loved one was killed due to someone else’s negligence, then we welcome you to contact the seasoned wrongful death claims attorneys at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast .

What is a Wrongful Death Lawsuit?

A wrongful death claim – like a criminal murder case – deals with the death of a person. However, unlike a criminal case, a wrongful death claim is handled in civil rather than criminal court. The kinds of relief you can obtain in civil court are different from the relief available in criminal court. Specifically, in criminal court, the goal is to punish an individual for wrongful conduct by taking away his or her liberty – either through a jail sentence or a less restrictive probation arrangement.

A civil court, by contrast, is focused on obtaining relief from a wrongful act by forcing them to pay money damages, and sometimes by enjoining (or stopping) someone from engaging in particular conduct in the future.

That leads to the second difference between wrongful death claims and a criminal murder case. With a criminal murder case, the accused if found guilty will be punished with prison. With wrongful death claims, the wrongful actor will be forced to pay money damages to compensate the victim’s loved ones.

Thus, in the O.J. Simpson case, for example, Simpson was required to pay millions of dollars to the families of the victims for compensatory and punitive damages.

When is a Wrongful Death Claim Appropriate to Raise?

Wrongful death claims are regulated by Florida law, meaning that certain circumstances need to exist in order to bring a wrongful death lawsuit. Thus, in Florida, if someone lost a loved one because that loved one was killed as a result of:

1. A wrongful act,
2. A breach or default of the contract, or
3. A negligent act

Then, Florida allows will allow you to file a wrongful death lawsuit.

Who Can File a Wrongful Death Claim?

The personal representative of the estate of the person who died – typically a wrongful death claims lawyer – is actually the party that files a wrongful death claim. But that attorney files the wrongful death claim on behalf of the deceased’s family members. Those family members include, under Florida law:

1. The spouse of the deceased;
2. The children of the deceased (who are under 25 years old); and
3. The parents of the deceased.

Other relatives may also have a legitimate claim in a wrongful death action – such as a niece or nephew who depended on the deceased for college tuition payments. Yet, claims of other relatives are secondary to the primary relatives listed above.

You Should Retain the Wrongful Death Claims Attorneys at Crary Buchanan to Help You.

Wrongful death claims can be complex because of the many considerations involved with such a claim under Florida law. Thus, you would be wise to make sure that you have an experienced wrongful death claims attorney in your corner. The experienced attorneys at Crary Buchanan have the know-how and resources to help you.

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

The post Permanent Link: Florida Wrongful Death Claims: Who is Eligible for Compensation? appeared first on Crary Buchanan .

What Kinds of Damages Can I Recover After a Car Accident?

Mon, 17 Aug 2020 07:05:00 GMT

A car accident could range from being a minor fender-bender to a catastrophic event that puts in you the hospital for an extended period of time. Moreover, injuries that stem from a serious car accident will likely go beyond simple medical expenses.

In the world of personal injury lawsuits, particularly lawsuits involving car accidents, courts, litigants, and juries expect that an injured party will specify precisely what damages he or she has suffered. Accordingly, if you are injured in a car accident, and you are seeking compensation, you need to make sure that you keep track of the various types of damages for which you deserve compensation.

In this article, we will help you delineate all of the different kinds of damages that you could recover after a car accident. This list is very important because you want to make sure that you are compensated for all of your injuries, mental and physical, rather than just the cost of your doctor’s bills.

If after reading this blog, you have additional questions about your own circumstances, we welcome you to contact the seasoned car accident claim attorneys at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast .

Our car accident claim attorneys are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning to consult online with our online contact form .

List of Car Accident Damages That May Is Available to You.

1. Medical Bills

First and foremost, any injury that requires a doctor’s care will result in medical expenses. Thus, regardless of whether the car accident caused only minor injuries or if you suffered internal bleeding or muscle damage, a car accident personal injury damages award should cover all costs associated with medical treatment for those injuries.

Those costs include doctor’s visits and hospital bills to be sure. But also, your damages from the car accident include:

1. The cost of the ambulance;
2. The cost of in-home rehabilitative services;
3. Physical therapy; and
4. Cognitive therapy (if the accident resulted in mental health matters requiring treatment).

2. Lost Wages

If you are rendered unable to go to work and earn an income because of injuries from the car accident, then those damages for which you deserve compensation.

These damages are considered “lost wages.” The number of lost wages can include not only the wages you would have earned if you were not getting medical treatment but the future wages you now cannot earn because of the limitations resulting from the car accident.

3. Property Damage

In any car accident, it is likely that your car and any valuable items in your car – which is all your property – have been damaged. Thus, because a personal injury lawsuit is an attempt to make you as “whole” as possible, i.e., as close as possible to the position you were in before the accident, then part of a damages award should cover the cost of fixing your car, and replacing any valuable items damaged in the accident.

4. Pain and suffering

Monetary damages for pain and suffering generally are meant to compensate for the physical and mental pain that results from an injury. For example, it will cover the physical pain involved with bodily injuries such as fractured bones and the mental pain involved with something like a permanent restriction on a cherished activity.

The kinds of mental anguish involved could include depression, embarrassment from scars or other physical appearance issues, or anything else that would reasonably cause stress or significant mental discomfort.

Unlike medical bills that provide a “bottom-line” number, the concept of pain and suffering can be hard to quantify. Thus, attorneys will typically put forth evidence to prove pain and suffering damages as follows:

1. The opinion of a mental health expert about your state of mind;
2. An expert opinion with regard to pain and suffering damages in car accident cases;
3. Documentation proving your use of prescription medication before and after the car accident; and
4. Your own written or oral testimony about the day-to-day pain and suffering you are experiencing.

5. Loss of consortium

The term “loss of consortium” is also commonly referred to as “loss of affection or companionship.” Certain injuries after a car accident can, unfortunately, take away your ability to be intimate with your spouse or partner.

What is unique about the loss of consortium is that you, as the car accident victim, do not actually claim these damages as your own. Rather, this is a damages claim that your spouse or partner can make in your case. Remember, however, loss of consortium damages are not available unless some of the other damages mentioned above are proven first. In other words, loss of consortium damages for your spouse or partner is contingent on you being awarded other damages.

Let the Car Accident Claim Attorneys at Crary Buchanan Help You.

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

The post What Kinds of Damages Can I Recover After a Car Accident? appeared first on Crary Buchanan .

How Long Does a Car Accident Claim Take to Settle?

Mon, 10 Aug 2020 06:39:00 GMT

Getting in a car accident is awful on all levels when no one is injured. If there are injuries, then it is even worse. Not only do you have to deal with insurance companies that are challenging enough, but you also need to worry about getting proper medical care. Then, of course, you need to try to find a way to pay for it all – either from the insurance company or the at-fault party – without having a stress-induced nervous breakdown in the process.

In this article, we will try to allay some of that stress by discussing how long it normally takes to settle a car accident claim and discussing what factors come into play when the wait for a car accident claim settlement is particularly long.

Our car accident claim attorneys are passionate about giving you the highest quality representation. Call us today at 772-287-2600, or schedule a free estate planning consult online with our online contact form .

How Long Does Settlement Normally Take?

As any lawyer worth his or her salt will tell you, the answer to how long it takes to settle a car accident claim is, as you might expect . . . it depends.

In the bulk of cases, a car accident claim takes between a few months to a few years to settle. We know that is a pretty broad range, so the better way to conceptualize the settlement process is to look at the factors that impact how long a car accident claim will take.

Those factors are as follows:

1. How easy it is to establish liability;
2. The seriousness of your injuries;
3. How easy it is to prove damages;
4. The insurance company’s responsiveness;
5. The amount of a possible settlement; and
6. Whether you have an experienced car accident claim attorney assisting you.

Let’s take a look at all of these factors.

1. Establishing Liability

Many car accidents result in each driver blaming the other. If the other driver was negligent, then he or she should pay for your damages and injuries, but most drivers try to remain blameless even when they are truly the at-fault party.

Thus, the first hurdle to getting a settlement at all is in proving that the other driver was at fault, and therefore liable for your damages.

2. The seriousness of Your Injuries

The more serious your injuries, the more you will be in need of a substantial settlement. Yet, if you have serious injuries, it might take longer for you to recover, and for your doctor to give a reasonable estimate as to your total cost of medical expenses.

A good rule of thumb is that you should wait until you have reached “maximum medical improvement” (MMI) before you settle a car accident claim. That is because it is not until you reach MMI that you will truly know what your medical bills will be in the present and for future treatment.

In addition, if you have soft-tissue injuries – like whiplash, which is harder to objectively verify – your car accident claim will likely be held up because the insurance company will want additional information before providing compensation for a soft-tissue injury. That is because such injuries are often the source of fraudulent insurance claims.

3. Proving Damages

Another thing that might delay the settlement of your car accident claim is the difficulty with connecting your injuries to the car accident. A doctor may have trouble concluding that the car accident was the true cause of your injuries. Thus, the insurance company will want to investigate further before making any settlement determinations.

4. Insurance Company Response

All insurance companies are not the same. Their ability to respond to inquiries and efficiently investigate a claim will vary widely. Thus, part of the delay in settling a car accident claim is how responsive the insurance company is, and how long their investigation might take.

5. The Possible Settlement Amount

When all is said and done with regard to the insurance company, it will propose a settlement of your car accident claim if it does not deny the claim altogether. You now have a choice. If the claim was denied, you can appeal the denial.

If the insurance company makes a claim offer, you can (i) accept it, (ii) reject it and try to negotiate a higher settlement, or (iii) take your case to court in a personal injury lawsuit.

Whenever you are making these decisions, it would be wise to have the help of an experienced car accident attorney in your corner.

6. Let the Car Accident Claim Attorneys at Crary Buchanan Help You.

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered and injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

The post How Long Does a Car Accident Claim Take to Settle? appeared first on Crary Buchanan .

What Is Personal Injury Insurance (PIP), and What Does It Mean for Florida Residents?

Mon, 03 Aug 2020 09:57:00 GMT

Did you know that there has been, over the last few years, an effort in the Florida legislature to get rid of PIP? In fact, Personal Injury Insurance/Personal Injury Protection (also known as PIP, for short), which has been a part of Florida’s law since the 1970s, maybe repealed very soon.

That said, at this point, Florida has still considered a “no-fault” state because it requires all Florida drivers to carry $10,000 of PIP insurance coverage with their auto insurance policies. In this article, we will first discuss some reasons why PIP insurance coverage can be a good thing for drivers in an accident, and then we will discuss the details of Florida’s PIP insurance.

If after reading this blog, you have additional questions about your own circumstances, we welcome you to contact the seasoned personal injury insurance attorneys at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

Our personal injury insurance attorneys are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning to consult online with our online contact form .

Is PIP – Personal Injury Insurance – a Good Thing?

Given the recent efforts to remove the requirement of PIP coverage from Florida’s law books, it might be helpful to understand what PIP coverage is meant to do.

Consider the example where you are hit by another driver in a car accident , while you are driving a few friends to the store. Also, consider that one of your friends is injured in the accident. The question becomes, how would your friend get medical care?

While you may have health insurance for you and your family, your health insurance would not extend to your passenger who is not a family member. Also, collecting from the other driver’s insurance may take some time, and your friend needs immediate medical care.

In that scenario, PIP coverage would kick in to pay for minor medical injuries for your friend immediately. The coverage would be provided regardless of who is at fault for the accident. The key is that you do not have to wait for the insurance companies to figure out how is at fault and pay accordingly. Rather, PIP allows some coverage right away.

Currently, about 15 states in the U.S. require drivers to carry a minimum amount of PIP insurance. As noted, Florida drivers are required to carry a minimum (and maximum) of $10,000 in PIP coverage.

What Does PIP Cover?

PIP generally covers three types of costs that may result from a car accident.

1. Medical bills
2. Lost income
3. Death benefits

We often hear stories about how expensive an ambulance ride to the hospital is, or how expensive it is to stay in a hospital for even one night. Those prohibitive expenses sometimes dissuade people in a car accident from seeking medical treatment at all. That is not a good thing.

One of the most important things you can do after a car accident is to get immediate medical attention to make sure that you have your injuries treated. Also, it is good to have a record of the injuries you suffered right after a car accident, rather than run the risk of having an insurance company later deny you coverage because you did not seek medical treatment in a timely manner.

With regard to medical bills, keep in mind that PIP coverage in Florida will only pay 80% of your medical costs. So, if you receive a bill for $10,000, PIP coverage will pay $8,000. Further, if your medical treatment was not for an emergency, then PIP coverage maxes out at $2,500.

Are There Time Limits in Filing a PIP Claim?

Yes. You need to make sure that your injuries from a car accident are treated within two weeks of the accident so that you can have PIP coverage reimburse you for your medical bills.

It is possible that your insurance company will investigate to make sure that your PIP claim is not fraudulent. In those circumstances, you would be wise to obtain the services of an experienced personal injury insurance attorney to assist you, so that you get the coverage you deserve.

Does a PIP Claim Stop Me from Filing a Lawsuit?

No. In Florida, no-fault PIP coverage still allows you to file a personal injury lawsuit against the at-fault party to the accident. You cannot sue, however, unless your expenses are more than $10,000 .

Let the Personal Injury Insurance Attorneys at Crary Buchanan Help You.

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

The post What Is Personal Injury Insurance (PIP), and What Does It Mean for Florida Residents? appeared first on Crary Buchanan .

Who Is Responsible for Paying Your Medical Bills After a Car Accident?

Mon, 27 Jul 2020 09:22:00 GMT

Right after a car accident, you may be injured. That means that you begin accruing medical expenses almost immediately after the accident. However, it may take weeks or longer for all of the insurance paperwork to be properly handled before an insurance company will reimburse you for your ongoing medical expenses.

In this article, we are going to look at Florida law in connection with car accidents and discuss who is responsible for medical bills after an accident. If after reading this blog, you have additional questions about your own circumstances, we welcome you to contact the seasoned car accident attorneys at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast .

Florida Is a No-Fault State, Does that Matter?

The fact that Florida is a no-fault state does have implications in connection with the question of who pays medical bills after a car accident.

To begin, no-fault insurance means that regardless of who is at fault for the car accident, the drivers involved in the accident will look to their own insurance companies to recover for losses.

There is an exception, however, for severe or permanent injuries . If you suffer from a severe or permanent injury – one that meets the definition of a “qualifying injury” under Florida law – then you can bring a claim against the driver who was at fault. That claim would typically be a personal injury lawsuit. And through the lawsuit, you can determine who pays your medical bills.

What Injuries Stay in the No-Fault System?

As noted, claims involving severe injuries that are “qualifying injuries” under Florida law can be pursued outside of the no-fault process. Otherwise, you need to find out who is responsible for your medical bills through the no-fault system.

The order of recovery under Florida’s no-fault system is as follows:

1. First, you look to personal injury protection insurance, otherwise known as PIP insurance.
2. Next, there may be MedPay supplemental insurance available to you.
3. Then, you would turn to your own health insurance policy for medical bill coverage.
4. Finally, you would need to turn to your own personal savings.

1. PIP Protection

PIP insurance is at the heart of Florida’s no-fault insurance system. When you are in an accident, PIP insurance pays your medical bills. The PIP insurance will pay regardless of who is at fault for the accident.

Typically, PIP insurance pays for 80% of your medical bills up to your policy limit. Keep in mind, however, that there may be a deductible with your PIP insurance coverage.

With regard to the kind of medical treatment that is covered, PIP insurance is required to cover the following medical services:

1. Medical,
2. Surgical,
3. X-ray,
4. Dental,
5. Rehabilitative
6. Ambulance,
7. Hospital, and
8. Nursing services.

It is important to note, however, that PIP requires a doctor’s order for medical expenses to be covered, acupuncture and massage therapy, unfortunately, are not covered by PIP insurance, nor is a self-inflicted injury during the commission of a felony.

As with other types of insurance, the insurance company should pay as you are receiving your medical bills, provided that you forward the bills to the PIP insurance company.

2. What is MedPay?

MedPay is an optional coverage that supplements PIP, and will cover the medical invoices that your PIP insurance will not cover. Thus, MedPay will fill in to cover the remaining 20% of your medical bills that PIP does not take care of.

3. Health Insurance

Once you exhaust the limits of your PIP coverage and MedPay (if applicable), then you would turn to your health care insurance coverage.

4. Out of Pocket

There is a chance that your health insurance may not be able to pick up the rest of the tab, leaving you to pay the rest of your medical bills out of pocket.

That is why it is important to think about the extent of your PIP and MedPay coverage, to try to avoid having to pay out of pocket.

Outside the No-Fault System

Finally, as noted, if your car accident injuries are very serious, and/or permanent, then you can go outside the no-fault system and bring a personal injury lawsuit directly against the other driver, or have your car accident attorney reach out to the other driver’s insurance to work out a settlement.

Let the Car Accident Attorneys at Crary Buchanan Help You.

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered an injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

The post Who Is Responsible for Paying Your Medical Bills After a Car Accident? appeared first on Crary Buchanan .

When Do You Need a Truck Accident Attorney?

Mon, 20 Jul 2020 10:41:00 GMT

You might initially think that an accident with a truck is not much different from a car accident. That, however, is far from the case. The resulting claims after a truck accident will most likely be much more complicated than any type of car accident claims . The primary reason for that is because in a truck accident, it is not just the driver who may be at fault. Rather, many parties associated with the truck may also be liable.

Accordingly, a comprehensive investigation is necessary after a truck accident in order to determine the parties who are liable. In this article, we will discuss why you need a truck accident attorney and what considerations you need to factor into any truck accident claim.

If after reading this blog, you have additional questions about your own circumstances, we welcome you to contact the seasoned truck accident attorneys at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast .

Our personal injury attorneys are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning consult online with our online contact form.

How Do You Know You Need a Truck Accident Attorney?

When you are in a no-fault state, like Florida, both parties turn to their own insurance companies for compensation regardless of who caused the accident. Thus, many Florida drivers do not know whether they should hire a truck accident attorney after a collision with a truck.

In reality, it is always a good idea to hire a truck accident attorney, no matter what the circumstances. Why is that? There are four main reasons:

1. Preserving Important Evidence.

Anytime you get in a truck accident, even a minor one, you need to have the police take a look at the scene. A police officer is an objective third party who can provide a report on which you can rely moving forward. If the other party rear-ended you, then the police report will reflect the fact that the other party was at fault.

2. Truck Accidents are Much More Complicated .

With truck accidents – unlike car accidents – there are many potentially responsible parties, beyond the driver of the truck. An experienced truck accident attorney will understand, and get to the bottom of, the issue of the party who is liable.

That is not to say that the truck driver is never liable. There is no question that truck drivers, like all people, are able to make mistakes and might be the ultimate reason for an accident. Yet, there are other potentially responsible parties following a collision, and they can be as follows:

1. The truck driver;
2. The relevant trucking company;
3. The people who loaded the truck;
4. Those involved in fixing and maintaining the truck;
5. Manufacturers of parts in the truck’s engine or its brakes; and
6. The leasing company that leased the truck to the trucking company.

In fact, it is common for multiple parties to be named in a lawsuit in connection with a truck accident.

3. Effectively Dealing with an Insurance Company

Also, a seasoned attorney can interact with an insurance company (which is often looking to avoid paying a claim) more effectively. Indeed, negotiating with an insurance company after a truck accident is not a simple process, particularly when there are multiple insurance companies involved – due to the fact that there are multiple liable parties.

4. You Can Focus on Healing

You may have processed a truck accident as only startling, but you might not have registered that your neck or other muscles were jerked back and forth. Perhaps a day or two later you start to feel soreness or pain in your neck or shoulders.

If you start to feel injuries only days after the accident occurred, then you will benefit from an attorney’s advice as to what steps to take in getting medical treatment. That way you can make sure that you have an accurate, provable way to value your injuries.

Moreover, an attorney who is in your corner advocating on your behalf will give you the space and peace of mind to focus on recovering from your physical injuries resulting from an accident.

Let the Truck Accident Attorneys at Crary Buchanan Help You.

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile and truck accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered and injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

There is no need to be intimidated by making a personal injury claim after an auto or truck acciden t when you have the support of the talented team at Crary Buchanan. If you have more questions or want a dedicated personal injury attorney to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post When Do You Need a Truck Accident Attorney? appeared first on Crary Buchanan .

How to Get the Most Compensation After an Injury

Mon, 13 Jul 2020 09:30:00 GMT

What’s fair is fair. If someone does something that hurts you in some way because that person was simply careless, it would not be fair for you to bear the brunt of that injury while the other person, the one who caused the problem, gets off scot free. At bottom that is what our justice system is all about. The courts are not just for criminal cases. The court system throughout the nation is here to help someone get redress for any kind of injustice.

Thus, if you were injured due to the carelessness of another person – regardless of whether it is a physical injury, mental injury, or injury to your financial well-being – you may be able to recover for that injury in a personal injury lawsuit.

In this article, we will talk about the most common types of personal injury lawsuits, and what you can do to maximize the compensation you receive from your lawsuit. If after reading this blog, you have additional questions about your own circumstances, we welcome you to contact the seasoned personal injury attorneys at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

What are the Most Common Types of Personal Injury Cases?

Typically, the personal injury lawsuits that most often come to court are:

1. Car, motorcycle, truck, and pedestrian accidents;
2. Slip-and-fall cases;
3. Medical malpractice;
4. Burn injuries; and
5. Accidents around a construction site.

With a car accident case, people are often injured because another person was texting while driving, driving recklessly or aggressively for no reason, or simply not paying attention. If you suffered an injury, like whiplash, or have extensive car damage, then the person responsible should compensate you.

By the same token, if someone knows that there is a hazard on their property that is accessible to the public and he does nothing to fix it or alert someone walking by, then he should compensate you if you fall and hurt yourself.

In all personal injury cases, there is one element that you must prove in order to obtain compensation. That element is negligence . Negligence is simply carelessness, or thoughtlessness. It is failing to do something that a reasonable person in the circumstances would do. A reasonable driver would not text and drive a car at a high rate of speed, or on a busy street. Thus, if someone causes an accident and hurts you because they were negligent then they are liable for personal injury damages.

How Can I Maximize My Compensation?

First and foremost, the very best thing that you can do to maximize your compensation as the result of a personal injury lawsuit is to hire an experienced personal injury attorney. That is because a personal injury attorney

1. knows the court system,
2. knows how to properly bring a case before the court,
3. knows how to conduct a thorough investigation of an accident scene,
4. knows how to question witnesses to an accident, and
5. knows how to work with medical experts.

Those skills are invaluable to make sure that all the relevant facts are gathered. The key to any personal injury case is the facts of the case. When you have a lot of information about what happened, and factual evidence making the negligence on the part of the person you are suing clear, then it becomes much easier to create a narrative of the incident or accident that will persuade a judge or jury that you are entitled to significant damages for your injuries.

In addition, what you can do to also gather important facts immediately after an accident is:

1. Take photos of the accident or incident scene;
2. Write down exactly what occurred as soon as you can when the incident is still fresh in your mind (you can forget details over time); and
3. Get contact information from the person who caused the accident and any witnesses.

Remember, do not sign anything or accept any money until you have spoken to a personal injury attorney first.

Let the Personal Injury Attorneys at Crary Buchanan Help You.

Automobile accidents are one of the leading causes of personal injury and wrongful death in the nation. Many factors can contribute to a traffic accident, but as noted the primary reason is negligence. Drivers are negligent in a variety of ways. A driver who falls asleep may be considered negligent. When a careless driver causes an accident, you can pursue a personal injury claim or lawsuit.

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered and injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

There is no need to be intimidated by making a personal injury claim after an auto accident when you have the support of the talented team at Crary Buchanan. If you have more questions or want a dedicated personal injury attorney to help you, call 772-287-2600 or schedule a free consult online with our online contact form . You can always depend on Crary Buchanan for community, experience, and trust. Call today.

The post How to Get the Most Compensation After an Injury appeared first on Crary Buchanan .

Why You Should Hire a Personal Injury Attorney After Your Car Accident?

Mon, 06 Jul 2020 11:46:00 GMT

There is never a good time to have to deal with a car accident. Indeed, you know if you have been involved in an auto accident that they are traumatic, sudden experiences that could result in medical bills and, possibly, medical issues for a lifetime. It is no surprise that such an experience can be frustrating, stressful, painful, and emotionally draining.

When you are in that state after an auto accident, particularly if you suffered severe injuries, there is too much to think about – insurance claims, dealing with car repair, and medical issues – to do it all by yourself. Accordingly, in this article, we are going to talk about why hiring a personal injury attorney after a car accident is the smart thing to do.

If after reading this blog, you have additional questions about your own circumstances, we welcome you to contact the seasoned personal injury attorneys at Crary Buchanan. At Crary Buchanan , we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

We are passionate about giving you the highest quality representation. Call us today at 772-287-2600 , or schedule a free estate planning consult online with our online contact form.

The Many Benefits to Having a Personal Injury Attorney in Your Corner .

You are likely entitled to compensation when you are injured due to the negligent or reckless conduct of someone else. The compensation to which you are entitled does not stop at just medical bills. The goal with any personal injury case is to get a victim back, as closely as possible, to the position they were in before the accident. Thus, you can receive compensation for lost wages, costs for medication, and even pain and suffering damages.

In order to make sure that you get all of the compensation you deserve, it is important that you have an experienced personal injury attorney by your side. So, what will a personal injury attorney do for you? Your attorney can see to the following things:

1. Investigation . With any legal matter, particularly a car accident case, the surrounding facts and circumstances of the crash can make or break a case. That includes everything from the weather conditions and the police report, to any statements made by the other driver or eyewitnesses. An experienced personal injury attorney will assess all of the facts of the case to make sure that you present the best possible claim for compensation.

2. Physician Reports . Your attorney can also be instrumental in coordinating your medical care, and making sure that all of the proper medical information to support your personal injury claim is available.

3. Of course, Legal Expertise . Just like when you go to the dentist to get your teeth cleaned, an attorney understands the way in which you need to proceed with a personal injury claim both in court, and when dealing with an insurance company before you file a lawsuit in court. You do not want to have difficulty obtaining compensation through a personal injury lawsuit because you get overwhelmed with the necessary legal process that comes with our court systems. Accordingly, an attorney brings a great deal of value, which most likely will translate into a greater damage award for you.

Will an Attorney Help Me Deal with an Insurance Company?

Absolutely. In fact, sometimes the trickiest part in the aftermath of a car accident is dealing with insurance companies. In that regard, having a personal injury attorney in your corner is vital.

As you likely know, the motivation behind private, for-profit, insurance companies is to make as much money as possible by avoiding paying as many claims as possible. When that is the case, an insurance company may find ways in which you receive less than you deserve in compensation for your car accident injury.

A seasoned attorney, however, will be able to interact with the insurance company in an effective way, and marshal all of the necessary information to convince the insurance company that it must provide appropriate compensation for your losses.

Let the Personal Injury Attorneys at Crary Buchanan Help You.

Automobile accidents are one of the leading causes of personal injury and wrongful death in the nation. Many factors can contribute to a traffic accident, but the primary reason is negligence. Drivers are negligent in a variety of ways. For example, texting while driving is careless and negligent. In the same way, a driver who falls asleep may be considered negligent as well. When a careless driver causes an accident, the victim can pursue a personal injury claim or lawsuit.

It doesn’t matter what type of injury you sustained. You have the right to seek compensation if another driver caused you injury – even if you were partially responsible for the accident. Automobile accident injuries can lead to a variety of expenses, and a personal injury claim can compensate you for these costs. Yet, you need the right legal advocate on your side to get full and fair compensation for your damages. If you or someone you love suffered and injury, speak with a Stuart, Martin County personal injury attorney from Crary Buchanan. We want to help you recover the money you need.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.

The post Why You Should Hire a Personal Injury Attorney After Your Car Accident? appeared first on Crary Buchanan .

Were You Injured by Someone Texting and Driving?

Thu, 18 Jun 2020 12:25:00 GMT

Most people believe that they cannot live without their smartphones by their side. That means, of course, that some people cannot help but interact with their cell phones even when engaging in activities that require focus, like driving a car.

In the United States, almost 500,000 people are injured or killed every year in traffic accidents due to texting while driving . Texting and driving – similar to other driver distractions like eating, using the GPS, or talking on the phone – is a form of distracted driving that endangers both you and other people on the road.

Accordingly, if you have been injured in a motor vehicle accident involving someone who was texting while driving, you need to contact an experienced personal injury lawyer who specializes in distracted-driving car accident cases.

In this article, we will discuss why texting while driving is so dangerous, what Florida’s law is related to texting while driving, and what damages you may seek in a personal injury case if you were injured by a driver who was texting at the time of the accident.

If you have additional questions, we welcome you to contact the seasoned personal injury attorneys at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to be one of the oldest law firms on Florida’s Treasure Coast. We are passionate about giving you the highest quality representation in personal injury matters. Call us today at (772) 287-2600 or schedule a free personal injury to consult online with our online contact form . Remember, you pay no legal fee unless you receive compensation for your injuries.

Why Are Texting and Driving So Dangerous?

Texting while driving makes vehicle accidents 23 times more likely. The exponentially increased danger comes from multi-tasking. A driver who is texting and driving are actually handling at least three separate mental and physical actions at the same time. Specifically, the driver, while driving at a certain speed, is doing the following things:

1. Taking eyes off of the road to look at a phone . When you are in the middle of a text conversation, your eyes will naturally check for the next message. That is time not looking at the road.

2. Taking hands off of the wheel to text . Texting with one hand is not an easy task to do very quickly. As you know, it demands some concentration and can be particularly tricky with challenges like your phone auto-correcting to words you don’t want while texting, which is an additional distraction.

3. Taking your mind off of the road . Text messages can pull your attention away from the task of driving in a major way, especially if you are having a difficult text conversation. When driving down the road at a good clip, any change of focus from the road is, without question, dangerous.

Florida’s Texting-While-Driving Law

Prior to January 1, 2020, a driver could only receive a citation for texting while driving if they were stopped and cited for another primary offense, like speeding. In other words, texting while driving was treated as a “secondary offense.”

However, Florida’s new texting-while-driving law took effect at the beginning of the new year. Now, in Florida, texting (and other forms of typing on a mobile device, such as emailing and note-taking) is treated as a primary offense . A police officer can stop you simply if he or she sees you texting while driving.

A first offense for texting while driving leads to a $30 fine. A second offense will result in a $60 fine and three points on your driver’s license.

Some believe that the fine is too low to really deter texting while driving behavior. However, supporters hope that the law will bring heightened awareness for drivers.

Possible Damages From A Distracted Driving Injury Claim

While it is good news that Florida now makes texting while driving a primary offense, that does not help you if your car is stuck or you are injured by a texting driver.

So, you may be wondering: What damages can I claim if I am injured by a distracted driver? There are actually a number of damage claims you can make in a personal injury case.

Specifically, you are likely eligible to receive compensation for the following:

1. Medical Bills
2. Pain & Suffering
3. Psychological Injuries
4. Loss of Income
5. Loss of Earning Capacity
6. Loss of Ability to Work or Engage in Favorite Recreation Activities
7. Punitive Damages

Of course, the kinds of damages that you can expect depends on the type of accident, the level of fault for the texting driver, and the extent of your injuries. Suffice it to say, however, that if you are hurt by a person who was not taking proper care while driving their car, the damages you should expect include the amount that will compensate you for all of your losses, not just your doctor’s bills.

The Need for an Experienced Personal Injury Attorney in Texting-While-Driving Cases

When it comes to auto, truck, or motorcycle accident cases, in which you suffer significant physical and mental injury, you need the help of an experienced personal injury attorney.

Having an attorney in your corner will not only help you in the courtroom and at trial. An attorney who has handled many accident cases in the past will be invaluable in ensuring that you present the best case possible so that you can obtain the compensation you deserve.

A qualified personal injury attorney will help to distracted driver accident victims in the following ways:

1. Meticulously investigate the facts and circumstances of your case in order to fashion the best litigation strategy.
2. Help obtain necessary medical attention , even if you do not have health insurance.
3. Remain reliable and responsive to you for any questions you may have.
4. Work diligently to resolve your case as completely and efficiently as possible.

We Invite You to Call Crary Buchanan

Being injured in an accident or car crash can leave you feeling hopeless and overwhelmed, but our lawyers at Crary Buchanan are here to help you recover money to cover medical expenses, lost wages, and compensation for your pain and suffering.

After an accident, people usually want to get back on their feet and will often settle too early for amounts that are significantly lower than what they deserve. With Crary Buchanan, you do not have to face this personal injury challenge alone. Talk to our team today. We want to hear from you, and we want the best for you. Call us today at (772) 287-2600 or schedule a free personal injury to consult online with our online contact form . Remember, you pay no legal fee unless you receive compensation for your injuries.

The post Were You Injured by Someone Texting and Driving? appeared first on Crary Buchanan .

Checking the Facts on Motorcycle Accident

Mon, 15 Jun 2020 12:28:00 GMT

Motorcycle Accident Facts

You are riding the open road on your motorcycle. It’s exhilarating, it’s freeing and it’s exciting. It’s a rush, it’s romantic . . . and it is very dangerous.

The incredible highs of riding in the U.S. also come with some sobering lows. Indeed, the National Highway Traffic Safety Administration (NHTSA) released a new report recently, with data up to 2017, on motorcycle accidents and injuries.

In the aggregate, the report confirms what most people already know about motorcycle riding. It is a dangerous activity. Because a rider is far more exposed on a motorcycle when compared to someone in a car, injuries from an accident are more frequent and more severe. Moreover, the report indicates that wearing a helmet, which is mandatory in many states, can minimize head injuries from a crash.

In this article, we will cover the statistics related to motorcycle accidents nationwide and discuss some ways in which you could minimize serious injury when riding your motorcycle.

If you are injured in an accident, however, or if you have additional questions after reading this article, we welcome you to contact the seasoned personal injury attorneys at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.

We are passionate about giving you the highest quality representation in personal injury matters. Call us today at 888-899-8161 or schedule a free personal injury consult online with our online contact form . Remember, you pay no legal fee unless you receive compensation for your injuries.

Results of the NHTSA Motorcycle Traffic Safety Report

Overall, the report indicates that motorcyclist fatalities ticked down slightly, but the alcohol plays a significant role in motorcycle accidents overall. Here is a breakdown of some of the key findings of the report:

1. Increased Rider Fatalities . In 2017, there were 5,172 cyclists killed – a decrease of 3 percent from the 5,337 cyclists killed in 2016.
2. More Frequent Rider Fatalities . Per vehicle miles traveled in 2017, motorcyclist fatalities occurred nearly 27 times more frequently than passenger car occupant fatalities in traffic accidents.
3. Driving Without Rider License . Of the motorcyclists involved in fatal crashes in 2017, 29% of them were riding without a valid motorcycle license.
4. Alcohol-Impairment Highest with Motorcycles . One-quarter of all motorcycle riders who were involved in fatal crashes were alcohol-impaired at the time of the accident. That is the highest percentage when compared to drivers of other vehicles. Further, 43% of motorcyclists who died in a single-vehicle crash in 2017 were alcohol-impaired.
5. Alcohol-Impairment Increases at Night . Motorcyclists who were killed in accidents during the evening were three times more likely to be alcohol-impaired than those killed during the day.
6. Use of Helmets Saves Lives . NHTSA estimates that helmets saved 1,872 motorcyclists’ lives in 2017 and that 749 more could have been saved if all motorcyclists wore helmets.

The statistics above paint a fairly grim picture of motorcycle riding in the U.S. In essence, motorcycle riders are far more likely to be killed in a crash with another vehicle. Of those motorcyclists killed, about one in four motorcyclists did not have a valid motorcycle license and were alcohol-impaired.

In addition, motorcycle riders tend to speed more often than drivers of other vehicles. In 2017, 32% of all motorcycle riders involved in fatal crashes were speeding, compared to 18% for passenger car drivers, 14% for light-truck drivers, and 7% for large truck drivers.

Finally, when looking at the previous negative driving records of those involved in fatal traffic crashes in 2017, motorcycle riders top the charts in every category. More motorcycle riders had (i) DWI convictions, (ii) speeding convictions, and (iii) suspensions or revocations of license than any other type of vehicle.

Motorcycles Get a Bad Reputation – What Can You Do?

Given that motorcyclists are 27 times more likely to die in a motor vehicle crash, and 6 times more likely to be injured compared to those in passenger vehicles, let’s discuss some ways to stay safe while enjoying the open road.

1. Be sure you are licensed . Controlling a motorcycle is a whole different skill set compared to driving a car. All states require a motorcycle license endorsement as a supplement to your driver’s license. Most states mandate a written test and an on-cycle skills test.

2. Practice with a motorcycle that is new to you before hitting the road . Every motorcycle varies on handling and responsiveness. Take a little time to learn the idiosyncrasies of a bike that is new to you, in a controlled environment.

3. Brief Pre-Ride Check . It can’t hurt before every ride to check the tire pressure, tread depth, brakes, headlights, and signals, and fluid levels. Also, look underneath for any oil or gas leaks.

4. Wear Protection . Wear a Department of Transportation approved helmet, and keep arms and legs covered when riding your motorcycle.

5. Drive Carefully . Experienced riders don’t take risks. It is possible to enjoy your bike on the open road while still following the rules. Also, increase your visibility as much as possible when riding, given that the majority of multi-vehicle motorcycle crashes generally occur because other drivers did not see the motorcyclist.

6. Of course, lay off the alcohol if you are riding . As the report above suggests, chances of catastrophic injuries go up dramatically if a motorcyclist is alcohol-impaired.

We Invite You to Call Crary Buchanan

Being injured in a motorcycle accident can leave you feeling hopeless and overwhelmed, but our lawyers at Crary Buchanan are here to help you recover money to cover medical expenses, lost wages, and compensation for your pain and suffering.

After an accident, people usually want to get back on their feet and will often settle too early for amounts that are significantly lower than what they deserve. With Crary Buchanan, you do not have to face this personal injury challenge alone. Talk to our team today. We want to hear from you, and we want the best for you. Call us today at 888-899-8161 or schedule a free personal injury consult online with our online contact form . Remember, you pay no legal fee unless you receive compensation for your injuries.

The post Checking the Facts on Motorcycle Accidents appeared first on Crary Buchanan .

Hidden FDA Reports Detail Harm Caused By Scores Of Medical Devices

Fri, 08 Mar 2019 19:56:00 GMT

Hidden FDA Reports Detail Harm Caused By Scores Of Medical Devices
Kaiser Health News

The Food and Drug Administration has let medical device companies file reports of injuries and malfunctions outside a widely scrutinized public database, leaving doctors and medical sleuths in the dark.

Read the full story

apple.news/AyxI0xVVxRsaPmXTUJ3LXuw

Be Careful Walking Across The Road

Wed, 23 Jan 2019 19:51:00 GMT

Pedestrian fatalities on the rise in Florida.

Call Crary Buchanan if you’ve been injured in an accident.

miamiherald.com/news/local/article224923045.html

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James L.S. Bowdish TV interview with Diamond Litty, Public Defender, 9/4/2018

Fri, 07 Sep 2018 18:44:00 GMT

James L.S. Bowdish TV interview with Diamond Litty, Public Defender, 9/4/2018

Below is a video of the TV interview on September 4, 2018, with Public Defender of the 19th Judicial Circuit, Diamond Litty, concerning my participation during 1969 and 1970 in the first of the My Lai Massacre courts-martial trials. Diamond Litty’s TV interview lasted about a half-hour. I joined the Army JAG Corps in July, 1969 and was honorably discharged in 1973 and joined the Crary law firm at that time.

When assigned to the case in October of 1969, I was a 25-year-old greenhorn attorney Captain in the US Army JAG (Judge Advocate General’s Corps), one of about 6 attorneys in the office of the Staff Judge Advocate of the First Armored Division at Ft. Hood, Texas. This was in the middle years of the Vietnam War.

The JAG Corps recently published a series of articles in the March 2018 issue of the Army Lawyer magazine covering the My Lai incident, one of which dealt with my experience as defense counsel in U.S. v. Mitchell which went to trial by a general court-martial in the fall of 1970. He was acquitted by the court-martial panel of officers, all of which were Vietnam combat veterans. The link is below.

The My Lai incident occurred in Quang Gnai province in South Vietnam on March 16, 1968, 50 years ago, only 2 months after the famous Tet Offensive. It was a very unfortunate and tragic event in the history of the U.S. Army’s conduct of the Vietnam War.

The post James L.S. Bowdish TV interview with Diamond Litty, Public Defender, 9/4/2018 appeared first on Crary Buchanan .

Youth Arts Celebration

Wed, 18 Apr 2018 18:15:00 GMT

2018 Youth Arts Celebration

The Lyric League, including Linda Weiksnar , is photographed on the front page of Luminaries regarding the 2018 Youth Arts Celebration.

Martin Health Foundation Newsletter

Sat, 24 Mar 2018 16:41:00 GMT

Corporate Partners Make a Life-Saving Impact

Crary Buchanan is recognized for their constant contributions to the foundation. Also pictured, Larry and Judi Crary at the first Corporate Partners Recognition Reception.

World Blood Donor Day 2018

Mon, 12 Feb 2018 13:06:00 GMT

World Blood Donor Day

Safe blood supplies are a scarce commodity – especially in developing countries. World Blood Donor Day is an occasion to raise awareness of the problem and thank donors worldwide. It is held anually on June 14.

What Do People Do?
Many events are held around the world on June 14 to mark World Blood Donor Day. These include football matches, concerts and mobile blood donation clinics. In 2011, the World Health Organization (WHO) called upon communities world-wide to symbolically “paint the world red” by coloring, covering or lighting monuments and landmarks.

Public Life
World Blood Donor Day is a global observance and not a public holiday.

Background
Despite about 92 million yearly blood donations worldwide, safe blood is constantly on high demand, especially in developing countries.

World Blood Donor Day falls on the birthday of Karl Landsteiner (June 14, 1868). He created the ABO blood group system, which is still used today to ensure the safety of blood transfusions.

Source: https://www.timeanddate.com/holidays/un/blood-donor-day

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All Jazzed Up gala

Mon, 05 Feb 2018 15:45:00 GMT

‘All Jazzed Up’ gala raises money for Volunteers in Medicine Clinic

Mike and Ann Crary attend the 18 ^th annual “All Jazzed Up” gala to raise money for Volunteers in Medicine Clinic.

February 5, 2018

Impact 100 Martin – Linda Weiksnar

Mon, 22 Jan 2018 15:36:00 GMT

Impact 100 Martin

Linda Weiksnar speaks about “Impact 100 Martin” and its members meeting their goals.
January 22, 2018

Rick Crary, & Wife, Win Writing Award

Wed, 16 Aug 2017 14:48:00 GMT

Indian River wins best writing and three other statewide awards

FORT PIERCE – Indian River Magazine won the best overall writing award during the Florida Magazine Association’s annual Charlie Awards presentation held over the weekend at the Ritz-Carlton in Naples.

“The stories in this publication were compelling and provided a deep appreciation for the area and the people,” the FMA judges wrote in bestowing the award. “The stories were very well researched and presented in the most interesting ways — reflecting excellence in storytelling and writing.”

The magazine beat out second- and third-place competitors Sarasota Magazine, Gainesville Magazine and all other entrants in the under 20,000-circulation category. The award cited the Indian River Magazine staff who produced the summer 2016, holiday 2016 and winter 2017 editions.

“This award is a tribute to our outstanding staff,” Indian River Magazine Publisher Gregory Enns said. “We often boast that our magazine features the best writers on the Treasure Coast, and now we can say they are among the best in Florida.”

To read about Indian River Magazine’s award-winning staff, click here.

The magazine also received three other awards for editorial excellence.
Rick and Donna Crary, Alison O’Leary

Writers Rick Crary, Donna Crary and Alison O’Leary won a silver best writing award for stories appearing in the magazine’s Living History department. Cited in the award were Rick Crary’s Epic Tale of Survival, a story on Jonathan Dickinson shipwreck survivor Robert Barrow, Donna Crary’s story on cracker cowgirl Iris Wall and Alison O’Leary’s Hunting Grounds story on German U-boats patrolling off the Treasure Coast during World War II.
Judith Collins

Associate Editor Judith Collins also won a silver award for best feature headline writing. Headlines cited were Adventures on a Treasured Island, Hooked on Bass, and A Brush with Space.
Michelle Moore-Burney

Design Editor Michelle Moore-Burney won a bronze award in the under 20,000-circulation category for best feature design for the Hooked on Bass design she did for Christina Tascon’s story on bass fishing on Blue Cypress Lake.

Indian River, the largest general-interest magazine in the region, was founded in 2006 by Treasure Coast natives Gregory Enns and Allen Osteen and has grown to include a portfolio that includes Port St. Lucie Magazine, Fort Pierce Magazine, the St. Lucie Travel Guide and program guides for the Sunrise Theatre in Fort Pierce and Emerson Center in Vero Beach.

Source: https://www.indianrivermag.com/articles/charlieawards.html

Uber and Lyft law Florida

Thu, 27 Jul 2017 01:21:00 GMT

Uber and Lyft law

If you are injured by a Uber or Lyft driver in Florida, you need to know your rights.

The Florida House and Senate passed a Bill concerning Uber and Lyft, (HB 221) which was signed by Governor Scott and went into effect on July, 2017.

Uber and Lyft drivers are now subject to state-wide law regarding who controls their right to operate in the state. Before, some local governments, like Miami-Dade County were trying to limit these drivers from operating in their jurisdictions.

The new law is Section 627.748 Florida Statutes (2017).

Uber and Lyft drivers are not common carriers, unlike taxis, buses, ambulances and limousines.

What’s the difference? Common carriers owe a higher duty of care to their customers. Uber and Lyft only owe you an ordinary duty off care, like your neighbor would if they gave you a ride.

Uber and Lyft drivers are “independent contractors” which means you can’t sue the company if the driver injures you. (Some restrictions apply – Uber or Lyft has to have a written agreement with the driver).

Insurance requirements:

Uber and Lyft drivers are required to carry insurance as follows: (Uber and Lyft provided these coverage amounts before the law went into effect, so this is not a legislative initiative)

The new law requires background checks for drivers, but Uber and Lyft both state they have been doing this for years, so it’s not a legislative initiative. This distinction is important because it shows you who is driving the legislation: Uber and Lyft are calling the shots. If the state lawmakers and governor were seriously concerned about protecting people injured by a Uber or Lyft driver, they would be telling the companies what the law is going to be, not the other way around.

So, what do you do if you get injured by an Uber or Lyft driver, either as a passenger, pedestrian, cyclist or if you are in another vehicle?

You need to consult with a lawyer who knows the law.

Call the injury lawyers at Crary, Buchanan where we have been serving the needs of our clients since 1927.

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Beware Unofficial Websites or Communications by Mail

Mon, 24 Jul 2017 19:36:00 GMT

Beware Unofficial Websites or Communications by Mail

Starting a new company can be very exciting. Unfortunately, there are scammers out there just waiting to prey on that excitement. Very often after someone creates a new corporate entity, they will receive notices claiming to offer certified copies of their corporate filing or annual corporate minutes forms. These solicitations are drafted to look like they come from a governmental agency or office, and imply that you need to purchase their services or suggested forms to complete your company’s filing. Please note these letters or emails are scams.

The Division of Corporation’s website contains a warning of such: https://dos.myflorida.com/sunbiz/about-us/consumer-notices/beware-unofficial-websites-or-communications-by-mail/. The attorneys at Crary Buchanan can assist with your corporate questions and filings.

Not-So-Pet-Friendly: What Happens to My Pet When My Spouse and I Split up?

Tue, 18 Jul 2017 19:40:00 GMT

Not-So-Pet-Friendly: What Happens to My Pet When My Spouse and I Split up?

An issue that comes up frequently in Family law is timesharing (what we used to call “joint custody”) with pets. The resolution to that issue is often unsatisfactory to the people involved.

Florida courts consider pets as personal property, and do not create timesharing arrangements for pets so that each “parent” will still get to see the pet when the legal proceedings are over. As personal property, pets are subject to equitable distribution, just like the good china and the fishing poles. When pets have a significant economic value – show dogs, or purebreds, for example—the Court assigns the pet a dollar value and the pet is awarded to one party; the other party gets something of equivalent value in return. The pet’s future living arrangements may hinge on something as simple as which party has the pet when the couple splits up.
For people whose pets have become surrogate children (“my four-legged child” or “my fur-baby”), this result seems particularly harsh. Pet owners are often willing to go to great lengths for their pets, but spending thousands of dollars fighting over their beloved Fido or Fifi is often just not feasible. Even when a couple successfully negotiates a “pet parenting plan,” where they will alternate weeks with a pet and share the expenses, the Family Court does not have the ability to enforce this agreement if one party dishonors it. This is because the Court’s jurisdiction over personal property ends when the Final Judgment is entered.

The only bit of case law in Florida that addresses this issue is now 22 years old. In refusing to afford pets a status akin to that of children, it focuses on issues like the increased burden on a system already struggling to keep up with parents’ disagreements over the best interests of their human children—including a whole division just trying to stay on top of child support. The appellate court concluded that allowing the pet timesharing order to stand would lead to a variety of enforcement problems; unwritten is the notion that it would also open the floodgates to further litigation, straining the already swamped Family Court system.

However, in the 22 years since that one Florida opinion was issued, other states have taken an approach to post-dissolution pet ownership that recognizes that an animal is not, in actuality, the same as a lamp – even if the animal and the lamp have the same fair market value. Social media shows us more stories of animals who saved their family from a fire or other danger, elevating their status to “family hero.” The complex relationship between pets and people has been studied more, leading to increased use of animals in hospitals and nursing homes, to motivate, comfort –and detect medical problems.

The next few years may well bring a change in the way the Family Court deals with animals, based on trends being seen around the country. For that to happen, a pet “parent” is going to have to be prepared to spend as much money fighting for a pet as they would fighting for their own offspring.

The post Not-So-Pet-Friendly: What Happens to My Pet When My Spouse and I Split up? appeared first on Crary Buchanan .

Employee or Independent Contractor?

Wed, 12 Jul 2017 19:34:00 GMT

Employee or Independent Contractor?

Classification of workers as employees or independent contractors is a question of federal and state law. On June 7, 2017, the DOL’s Wage and Hour Division (WHD) announced the withdrawal of its 2015 guidance on independent contractor classification under the Fair Labor Standards Act (and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA)), effective immediately.
The FLSA’s minimum wage and overtime pay provisions apply only to “employees,” meaning that an employment relationship must exist between a worker and the employer. The FLSA’s definition of “employ” includes to “suffer or permit to work,” and is widely recognized as the broadest among federal employment laws. The Department of Labor’s long-standing position is that workers who are economically dependent on the business of an employer, regardless of their skill level, are employees, and that most workers fall into that category. The guidance also reiterated the six “economic realities” factors the DOL considers when determining if an employment relationship exists and emphasized that no single factor is determinative.

Florida courts use the following factors when determining whether a person is an independent contractor.
• The extent of control that the master has over the details of the person’s work.
• Whether the person is engaged in a distinct occupation or business.
• Whether the person’s occupation is usually done without supervision in the relevant locality.
• The level of skill is required for the job.
• Whether the person supplies the person’s own tools and place of work to do the job.
• How long the person is employed.
• Whether the person is paid by the time spent or by the job.
• Whether the work performed is in the employer’s regular business.
• Whether the parties believe they are creating an employer-employee relationship.
• Whether the employer is or is not in business.

The most important factor in determining whether a person is an independent contractor is the extent of control the employer asserts over the employee. Florida courts also consider the agreement between the parties and whether an employer provides employee benefits to the independent contractor. Where the parties’ actual practice contradicts their agreed-on relationship, however, Florida courts hold that the parties’ actual practice controls the definition of their relationship. (Harper ex rel. Daley v. Toler, 884 So.2d 1124, 1133-34 (Fla. Dist. Ct. App. 2004).)

The DOL’s withdrawal of its 2015 guidance is no excuse to be less vigilant about independent contractor classification. There continues to be private litigation regarding misclassification claims by individuals seeking compensation and benefits of being an employee.

If you have concerns about the classification of workers as employees or independent contractors, contact Crary Buchanan, P.A. for guidance particular to your business and services.

The post Employee or Independent Contractor? appeared first on Crary Buchanan .

How Insurance Works When Renting Out Your Car

Sat, 08 Jul 2017 19:31:00 GMT

How Insurance Works When Renting Out Your Car

I saw a recent news story about people renting their cars for extra cash. If you plan to rent out your car to someone, check with your insurance company to make sure you’re covered. In Florida you are responsible for damages if someone else is driving your car and injures someone. You don’t have to be driving to be responsible. If you rent your car to someone, most insurance policies won’t cover damage caused in an accident. You will need a separate policy or extra coverage to rent your car. Check with your insurance first. Don’t assume you are covered.
Some private car rental Apps claim they provide coverage. Don’t be so sure. You must do your due diligence before you rent your car.
Here is an article that explores some of the issues of renting your car:
google.com/amp/jalopnik.com/how-insurance-works-when-you-rent-out-your-car-on-turo-1792401490/amp
If you have questions about insurance regarding a car or truck accident, call the injury lawyers at Crary Buchanan at 772-287-2600 or visit our website at CraryBuchanan.com.

We’ve been helping people with legal questions on the Treasure Coast for 90 years.

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Florida’s Marketable Record Title Act

Fri, 23 Jun 2017 03:19:00 GMT

Restrictive Covenants Enacted in Connection with Governmental Regulation are not Extinguished by the Marketable Record Title Act

Florida’s Marketable Record Title Act (Chapter 712 of the Florida Statutes) (“MRTA”) was enacted in order to free real property from older title defects by creating a 30-year limitation period on certain matters of title. As noted in Florida Statute Section 720.04, “a marketable record title is free and clear of all estates, interests, claims or charges, the existence of which depends upon any act, title transaction, event or omission that occurred before the effective date of the root of title.” Florida Statute Section 712.01(2) defines “Root of title” as “any title transaction purporting to create or transfer the estate claimed by any person and which is the last title transaction to have been recorded at least 30 years prior to the time when marketability is being determined.”

Although MRTA has added to the responsibilities of homeowners and community associations in terms of ensuring their covenants are preserved under MRTA, the statute does have its benefits. MRTA can, at least to some extent, simplify and limit the record search process required to establish marketability of title, thereby facilitating the closing of real estate transactions. That being said, there are exceptions to MRTA, which must be considered in the analysis of whether a particular title matter has been extinguished by MRTA. The statutory exceptions are enumerated in Florida Statute Section 712.03.

Beyond the statutory exceptions, Florida case law has also identified an exclusion from MRTA with respect to recorded restrictions that are imposed as part of a process involving governmental regulation or approval. In Save Calusa Trust v. St. Andrews Holdings, Ltd., 193 So. 3d 910 (Fla. 3d DCA 2016), the Third District Court of Appeal considered whether a recorded restrictive covenant that predated the root of title would be extinguished by MRTA where the covenant was required by the Zoning Board of Appeals of Miami-Dade County (“ZAB”) in connection with a variance application. Noting the well-established principle that government-imposed restrictions on property, such as zoning, do not impact marketability of title, the court held that, because the restrictive covenant at issue was imposed as part of the governmental approval process (in this case, through the ZAB), “the duly imposed restrictive covenant in [the subject] case [was] a governmental regulation, rather than an estate, interest, claim or charge affecting the marketability of title so as to be subject to extinguishment under MRTA.” Id. at 916.

Given the court’s conclusion in the Save Calusa Trust case, when considering whether MRTA applies to the extinguishment of a recorded title matter, in addition to assessing the applicability of the exceptions under MRTA, one must also give due consideration to whether the instrument at issue was recorded as a condition to, or in connection with, a governmental approval or regulation. From a practical perspective, this may prove to be a daunting task. To read the full text of the Save Calusa Trust case, click here: https://caselaw.findlaw.com/fl-district-court-of-appeal/1722944.html.

Crary Buchanan’s highly experienced real estate attorneys work with clients in commercial and residential transactions and litigation matters. Should you require assistance with a real estate matter, please contact our office.

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Seven Lessons I Learned as a Young Lawyer

Fri, 16 Jun 2017 03:09:00 GMT

Seven Lessons I Learned as a Young Lawyer

I recently came across this blog written by John Miller, a Florida attorney, titled, “Seven Lessons I Learned as a Young Lawyer,” (https://flayld.org/2017/05/seven-lessons-i-learned-as-a-young-lawyer/), and believe it includes points I should share as I have found it very helpful in beginning my career in law as a young attorney here with Crary Buchanan, P.A.

The article points to seven lessons that all young lawyers should know. These include: Learning the Basics, Finding a Mentor/Be a Mentor, Doing Something for Yourself Every day, Getting Involved with the Community, Developing a Niche, Getting Involved with the Florida Bar, and Being Professional.

The lessons I found most important are highlighted below:

Learn the Basics

Learning the basics is vital in the successful practice of law. I have been afforded the opportunity to learn from some of the best lawyers on the Treasure Coast here at Crary Buchanan. Not only is Crary Buchanan the oldest law firm on the Treasure Coast, with roots well founded over eighty years ago, it employs many of the top attorneys in our area, who practice all areas of law. I am fortunate to have such an esteemed group of attorneys from whom to learn every day.

Find a Mentor/Be a Mentor

The article places number one importance on finding a knowledgeable attorney to be a mentor and encourages those who are seasoned attorneys to be mentors for young attorneys who are just beginning their practice of law. Here at Crary Buchanan, I have had the pleasure of being mentored by Mr. Jeffrey Saunders. Mr. Saunders has vast experience working in civil litigation focusing on bankruptcy, commercial and residential mortgage foreclosure, real property and title insurance litigation, landlord tenant disputes, and much more.

For more information on Mr. Saunders click the link: https://www.crarybuchanan.com/jeffrey-j-saunders/

Some of Crary Buchanan’s other talented attorneys I have had the opportunity to learn from include:

W. Scott Turnbull, Esq., https://www.crarybuchanan.com/w-scott-turnbull/

Linda L. Weiksnar, Esq., https://www.crarybuchanan.com/linda-l-weiksnar/

Amy Moniz, Esq. https://www.crarybuchanan.com/amy-j-moniz/

Get Involved In Your Community

One of the other lessons pointed out the importance of getting involved in the community. Crary Buchanan’s attorneys collectively give back to the community in a big way, participating in a number of community based charitable organizations. Some of these organizations include: Martin Health Foundation, YMCA, Stuart Rotary, the local Chamber of Commerce, Florida Oceanographic Society, Friends of the Volunteers of Medicine, Stuart Kiwanis, United Way of Martin County, St. Joseph Catholic Church, Habitat House, Red Cross, Historical Society of Martin County, Hibiscus Children’s Center, and many more.

Be Professional

Finally, the article points out the importance of being professional. Professionalism is paramount to the practice of law, as reputation is everything. Part of Crary Buchanan’s long success has been its untarnished reputation due to the high level of professionalism that each attorney exudes when practicing their specific area of law. The firm is devoted to preserving the heritage of providing quality legal counsel in keeping with the highest standards of the profession.

I am proud to be given the opportunity to work with such an elite group of attorneys who can service all of your legal needs. If you have questions about your need for an attorney, contact Crary Buchanan and get a consultation with one of our experienced attorneys. For more information on Crary Buchanan visit our webpage at www.crarybuchanan.com.

Respectfully,

Adam Christopher Chappel, Esq.

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Social Media and FMLA Leave: What Employers Need to Know

Tue, 06 Jun 2017 18:39:00 GMT

Social Media and FMLA Leave: What Employers Need to Know

On April 19th, Florida’s 11th Circuit held that firing an employee for posting vacation photos on social media while on FMLA leave created an issue that could be litigated. The employee was terminated for violating a company social media policy, which prohibited posting negative comments about the company on-line.

Firing an employee on those grounds was not sufficient where the policy’s purpose was not violated nor was there a policy in place that prevented an employee from vacationing while on FMLA leave. Additionally, violation of the employer’s social media policy was not cited in the employer’s termination letter. Furthermore, the employee’s firing was close in time to the end of his FMLA leave, which could expose the company to liability because of the causal connection between the FMLA leave and the firing.

Before firing an employee for abuse of FMLA leave, employers should seek legal counsel. Crary Buchanan, P.A. has several qualified attorneys who can assist if you have any question in this practice area.
11thcircuitbusinessblog.com/2017/04/for-fmla-retaliation-claims-its-the-end-of-leave-date-that-counts/

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Trouble with Building Permits

Fri, 02 Jun 2017 14:35:00 GMT

Trouble with Building Permits

For decades, no one involved in real estate transactions double-checked local building department files, unless a notice of violation had been issued. Everyone used to assume that when government officials allowed an owner to occupy a residence, everything was fine. All that has changed.

A series of powerful storms in the 2004-2005 hurricane seasons, plus a wild land boom that followed, set the stage for a bureaucratic catastrophe. Countless roof replacements and new construction overloaded building departments all around the state. Government didn’t have sufficient staff to follow up when contractors and subcontractors neglected to schedule final inspections. In South Florida alone, literally tens of thousands of permits were left open and expired, including hundreds on the Treasure Coast. archive.tcpalm.com/news/special-report-hundreds-of-local-permits-from-2004-hurricanes-remain-open-newspaper-investigation-ep-341472461.html

It is taking years to discover how many of the government’s files are not in order. The legislature hasn’t come up with a general solution to correct the situation, so, incomplete building permit files must be corrected one at a time. Often it is relatively inexpensive to reopen a permit and obtain the requisite final inspection, but sometimes the process can cost thousands.

Standard form contracts have been revised to address the issue, but they only require sellers to disclose permitting problems they know about. Of course, most sellers have no idea whether government files are incomplete. Buyers usually have an opportunity to check on the issue themselves, but many of them don’t. Perhaps they assume that title insurance covers expired and open permits. It does not.

The current standard “As Is” contract recognized by Florida Realtors and the Florida Bar places the burden of correction on the buyer—at no expense to the seller. https://www.floridarealtors.org/LegalCenter/HotTopics/upload/Florida-Realtors-Florida-Bar_ASIS-5_032217_Watermarked.pdf The alternative standard form contract places the burden on the seller, but only up to a limited amount, which can be as low as zero. https://www.floridarealtors.org/LegalCenter/HotTopics/upload/FloridaRealtors-FloridaBar-4x_WEB-VERSION.pdf

The issue of open and expired building permits is not going away anytime soon. If you need advice concerning this or other real estate matters, Crary Buchanan has a number of lawyers with experience in real estate law. We’d be happy to assist you.

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Some Renters Could Likely Afford to Buy Above-Average Homes

Mon, 22 May 2017 19:28:00 GMT

Without Spending More, Some Renters Could Likely Afford to Buy Above-Average Homes

Zillow has reported that many renters could afford higher priced homes for the rent they are paying.

Link to article: www.zillow.com/research/some-renters-afford-homes-15013/

Now is a good time to move from renting to owning. Rental rates are on the increase and, while mortgage rates are rising, they remain quite favorable. At Crary Buchanan we have very experienced real estate attorneys and paralegals who can help smooth your path to home ownership. A word of advice – don’t sign that contract to purchase a home without the advice of a lawyer. If one box on the contract is checked the wrong way, it can cost you hundreds of dollars. At Crary Buchanan we respond quickly to clients’ requests for contract review or preparation and we provide title insurance and closing services at competitive prices. Let us help you in realizing the American Dream – home ownership.

Check out the latest Zillow report on our area to see median home prices, median rents and other interesting, and perhaps helpful, information.

Link to report: https://files.zillowstatic.com/research/public/realestate/ZHVI.Port%20St.%20Lucie.394995.pdf

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Republican Party of Okeechobee County

Tue, 16 May 2017 00:09:00 GMT

Republican Party of Okeechobee County Lincoln Day Shoot

Jennifer L. Williamson and husband, Rodney Carden, participated in the Republican Party of Okeechobee County Lincoln Day Shoot & Dinner on Saturday, May 13, 2017 at the OK Corral Gun Club in Okeechobee. Jennifer placed 3rd and her husband placed 2nd in the fun shoot. They had to leave to attend another event so Jennifer’s mother, Faye Haverlock, a client of the firm, accepted their awards from the keynote speaker – Florida Commissioner of Agriculture Adam Putnam. Congrats to Jennifer and Rodney on a job well done.

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Marriages and Wills

Mon, 15 May 2017 00:06:00 GMT

Can a husband’s fourth spouse be guilty of unduly influencing him to prepare a Will favoring her over the husband’s children from an earlier marriage?

The answer is emphatically yes! In Blinn v. Carlman, 159 So. 3d 390 (Fla. 4th DCA 2015) decided by Florida’s Fourth District Court of Appeal in 2015, the appellate court upheld the trial judge’s ruling declaring the husband’s 2008 Will void as a result of his fourth spouse’s undue influence. The Will had been prepared by a lawyer who had not previously represented the couple, and the wife did all the talking. The attorney who prepared the Will had no knowledge of the husband’s prior Wills. The 2008 Will completely changed the husband’s prior estate plan to favor his fourth wife when a prior Will in 2006 left everything to his daughter from an earlier marriage.

The appellate court found there was substantial competent evidence at trial that the husband’s mental health suffered from progressive dementia and that a court determined him to be totally incapacitated in 2011. According to the appellate court, both before and during their marriage in 2007, the fourth spouse preyed on her husband’s paranoia and mental infirmity to alienate him from his two children and their families who had previously enjoyed a close and loving relationship with their father. She told her husband that his daughter was stealing from her without any evidence of the daughter’s wrongdoing. In 2008, the spouse wrote a letter to the husband’s life insurance company requesting that the beneficiary be changed from his daughter to her. She also contacted an attorney to prepare the 2008 Will giving him drafting instructions. On the basis of this evidence, the appellate court upheld the trial judge’s order determining the 2008 Will to be void.

Crary Buchanan, P.A. has several attorneys experienced in probate and trust litigation. Please call them if you have any questions in this practice area.

James L.S. Bowdish, Board Certified Civil Trial Attorney

Member of Probate and Trust Litigation Committee of the Real Property, Probate, and Trust Law Section of the Florida Bar

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Florida Passes Fiduciary Access to Digital Assets Act

Wed, 10 May 2017 23:53:00 GMT

Florida Passes Fiduciary Access to Digital Assets Act

In 2016 the legislature passed the Florida Fiduciary Access to Digital Assets Act, which allows Florida residents to designate who can access and preserve digital communications and information in the event of the owner’s incapacity or death. With so much of our lives being online or “in the cloud” these days it is increasing important to plan for access to your digital assets should something happen to you. For a good overview of the new law visit the link below and read the article from Trusts & Estates magazine which is posted by WealthManagement.com. To update your estate plan to take advantage of the new law and designate who may access your digital assets, call the law offices of Crary Buchanan . We can assist with all your estate planning needs .

Steven D. Beres

Shareholder – Board Certified Wills, Trusts & Estates Attorney

Most Dangerous Highways

Wed, 03 May 2017 15:07:00 GMT

The Most Dangerous Highway

Rich Campbell recently posted an opinion column about the dangers of driving on US1 in Florida, determined by one study to be the most dangerous highway in America.

Please see Rich’s article by visiting the link below.

Rich noted 4 common factors of crashes on US1:
-Left turns
– Red light runners
-Unexpected encounters*
-Speeders

The information in this article will help you to remain vigilant and alert to the dangers of driving on US1, or any road for that matter.

Remember, many accidents can be avoided by using defensive driving techniques.

If you are involved in a car or truck crash, call the Law Offices of Crary Buchanan.

We have helped thousands of car and truck accident victims on the Treasure Coast recover their medical bills, lost wages and other damages.

*Under “Unexpected Encounters”, I would add the car or truck in front of you suddenly switches lanes revealing a stopped or slow moving vehicle directly in your path.

Unless there is enough distance between you and the car or truck that switched lanes, you risk hitting the stopped or slow moving vehicle. To avoid this possibility, ALWAYS keep a safe distance between you and the vehicle ahead of you.

This way, no matter what happens ahead, you can stop in time to avoid a collision.

Source:
https://www.tcpalm.com/story/opinion/columnists/rich-campbell/2017/04/28/rich-campbell-most-dangerous-highway-close-home/100875784/

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Pedestrian deaths spiked in 2016 likely due to drivers and walkers distracted by electronic devices

Fri, 31 Mar 2017 15:27:00 GMT

Pedestrian deaths spiked in 2016 likely due to drivers and walkers distracted by electronic devices

Florida ranks 2nd in pedestrian fatalities. Distracted driving and distracted walking are factors affecting the rise in pedestrian fatalities: drivers and pedestrian’s use of cell phones increases the risk of pedestrian fatalities. The same is true for alcohol use.

Don’t drink and drive or drink and walk on the side of the road. Wait until you are stopped or sitting to use your cell phone. It may save your life.

Call Crary Buchanan if you’ve been injured in an accident. Serving the Treasure Coast for 90 years.

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Seat Belt Safety Simulator

Sat, 18 Mar 2017 01:22:00 GMT

Seat Belt Safety Simulator

Rollover simulator and 5mph crash simulator offer powerful examples of why it’s important to wear your seatbelt.

Even low-speed accidents can cause injury. Make sure you always wear your seatbelt.

If you are involved in a collision, call Crary Buchanan for a free consultation.

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Vietnam Veterans of America, Martin County Chapter’s 6th Annual shoot

Tue, 07 Mar 2017 02:14:00 GMT

Vietnam Veterans of America, Martin County Chapter’s 6th Annual shoot

Jennifer L. Williamson and husband, Rodney Carden, participated in the Vietnam Veterans of America, Martin County Chapter’s 6th Annual shoot on Saturday at the South Florida Shooting Club in Palm City.

In Memory of Sharon Osborn

Tue, 21 Feb 2017 21:51:00 GMT

In Memory of Sharon Osborn

It is with great sadness that Crary Buchanan marks the passing of Sharon Osborn, an employee and friend of the firm for almost 30 years. Before she retired, Sharon was an essential part of the firm, and will be greatly missed.

Sharon Ann Osborn, 67 of Port Salerno, Florida passed away Thursday, February 16, 2017 at Martin Medical Center in Stuart.

A native Floridian, born December 22, 1949 in Stuart, she was the daughter of George B. and Clarissa F. (nee McIntosh) Osborn, Jr. She has lived on the Treasure Coast all of her life and had a special fondness for Port Salerno.

Sharon was a graduate of Martin County High School, Class of 1967. She retired from Crary Buchanan Attorneys at Law after 26 years of employment as a billing clerk.

She was a woman of God and attended Salerno Southern Methodist Church in Port Salerno. She served her church as treasurer and as a pianist.

Sharon was a devoted mother and grandmother. She loved her family and extended family and was a caring woman. Her favorite hobby was cross stitching and her family remembers her attentiveness to counting the stitches.

She was preceded in death by her parents, her husband, James R. Stiller and son, Michael D. Pierson.

Survivors include her loving sons, Kevin Richard Youngblood (Christen) and Kenneth Allen Youngblood (Tara); cherished grandchildren, Emma Lillian and Micah John Youngblood, Abygail Patricia Youngblood, Kayman Larissa and Alyvia Lexie Burris; sisters, Judy Johnson (Lloyd) and Pamela Austin (Bill); numerous nieces and nephews; great nieces and nephews; cousins and many extended family members found through friendship, work and church.

The family will receive friends from 5:30 PM to 7:00 PM, Wednesday, February 22, 2017 at Treasure Coast Seawinds Funeral Home, 950 SE Monterey Road, Stuart, FL 34997 and from 2:30 PM to 3:30 PM, Thursday, February 23, 2017 at The Grace Place, 1550 SE Salerno Rd, Stuart, FL 34997 with a Service at 3:30 PM. Burial will follow at Pine Rest Cemetery in Port Salerno.

Did you get a drone for Christmas -Crary Buchanan

Wed, 11 Jan 2017 00:40:00 GMT

Did you get a drone for Christmas?

Make sure you are familiar with the rules and regulations regarding registering and operating your drone. The New York Times recently published this very interesting article about drones.

Florida’s Bike Accident Death Rate Highest in Nation

Tue, 20 Dec 2016 02:09:00 GMT

Florida Bike Accident Death Rate Highest in Nation

Ride your bicycle, but be careful. Florida has the highest fatality rate for bicycle riders, in the nation.

Bicycling is great fun and exercise. Be sure to use caution when you are on your bike:

Wear brightly colored clothing.

Wear your helmet.

Make sure your bike has front, rear and side reflectors.

Stay off busy roads.

Obey ALL traffic signs.

If you ride on the sidewalk, STOP at all crossings and driveways.

DO NOT assume a driver sees you.

Proactive, cautionary measures save lives.

Happy cycling!

“TAMPA — The news for Florida in a comprehensive new report on bike accident death is dismal, leaving those who toil at the problem asking themselves whether to blame the roads or the people using them.

The report released earlier this month by the Centers for Disease Control and Prevention finds that Florida has the highest rate of bicycling deaths of any state in the nation — 0.57 per 100,000 people, more than double the nationwide rate of 0.23 per 100,000.

Perhaps more disturbing, while other states have found ways to dramatically cut bicycle deaths during two periods measured over the last three decades, Florida has barely made a dent — reducing the number less than 10 percent. Only Wyoming made a poorer showing.

“We’re not sure to what extent are the roadways dangerous, and how much of the problem is the number of people using the roadways,” said DeWayne Carver, bicycle and pedestrian coordinator with the Florida Department of Transportation .

Safety seems to be improving nationwide for bicyclists, with the number of deaths per 100,000 people declining 44 percent from 0.41 to 0.23 during the periods measured — the five years from 1975 to 1979 and the five years from 2008 to 2012. That’s according to the new CDC report titled “bike accident death Associated with Motor Vehicle Traffic — United States, 1975–2012.”

The steepest decline measured was among children younger than 15.

Still, according to the report, bicyclists die on U.S. roads at a rate double that of vehicle occupants, even though bicycle travel accounts for only about 1 percent of trips across all modes of transportation.

Professor Jason Vargo of the University of Wisconsin-Madison is a co-author of the report and told the Tribune he hopes it will help push the issue of bicycle safety to the national forefront at a time when U.S. adults are choosing to walk and cycle more.

“Cycling is an increasingly popular sport and kind of transportation,” Vargo said. “We’re really happy that the conversation’s been started.”

The CDC report got the attention of one man, at least, whose letter to the editor upon its release appeared in a half dozen Florida newspapers this month.

“I urge all readers of this newspaper,” wrote Wayne Bizer of Plantation, “whether they ride a bicycle or not, to write to their legislators in Tallahassee to request that the state investigate this terrible situation, to determine the causes and help reduce the needless slaughter on the roads of Florida.”

The state developed a plan for tackling the issue in the 2013 Florida Pedestrian and Bicycle Strategic Safety Plan, a 45-page report issued in 2013 by the Department of Transportation and the University of South Florida through its Center for Urban Transportation Research.

In a broad sense, the solution lies in the three E’s: engineering, education, and enforcement said Pei-Sung Lin, program director at the USF center, who worked with Carver of the transportation department on the 2013 plan.

From an engineering perspective, Lin said roads and speed limits in Florida were not created to accommodate cyclists and their safe travel.

One answer, he said, is simply making bike lanes wider.

The transportation department has indeed set a new standard for wider bike lanes on state roads, Carver said, expanding the minimum width from four feet to seven feet to give cyclists more room when traveling side-by-side with speeding motor vehicles. Carver said this can be done at little cost on existing roads by repaving them and reducing car lanes in some cases from 12 feet wide to 11 feet.

A longer-range solution the transportation department is working on is known as a complete streets policy, adopted last year. The policy calls for building roadways to match the context of their location. The busier the area, the narrower the motor vehicle lanes and the slower the speed.

“Once you can get the right street in the right place, that makes everything simpler,” Carver said.

Carver marveled at how effective a complete streets policy has been in New York City, saying the lower speeds make it easier for motorists to make a decision in busier areas with a lot of cycling.

Yet he admits, “There’s a limited amount you can do with infrastructure for bike safety,” and he laments how long and difficult the process can be to put policies into place statewide.

That’s where education and enforcement come into play, he said.

“The number one issue is motorist education,” said Alan Snel, a long-time Tampa bicycle advocate who co-founded the Seminole Heights Bicycle Club and now lives in Nevada. “They would curse and honk at you … drivers were just not used to a lot of bicyclists on the road,” he said.

USF’s Lin echoed Snel’s comments, saying drivers in Florida don’t expect to share the road with cyclists as much as in other states.

The solution: “Grassroots education,” Lin said.

The strategic safety plan created a “Walk Wise” program now in place in the Tampa and Fort Myers areas, presenting facts about roadway safety and asking people to become “worldwide ambassadors” by spreading the word. Lin said the program will soon target low-income areas where bicycles can be more prevalent and businesses statewide.

Pamphlets about bike safety are also being handed out, and those behind the strategic safety plan are seeking more money for stepped-up enforcement, perhaps targeting distracted drivers who might be texting instead of paying attention to the road.

Lin characterized this movement as a team effort: “It’s everyone’s responsibility.”

The CDC report is drawn from mortality rates, deaths on a per-capita basis, so it forms only part of the bicycle safety puzzle, say those working on the problem.

The CDC report acknowledges that “mortality rates based on population do not account for exposure to bicycling in the way that expressing deaths per unit time bicycling, distance traveled, or number of trips would.”

This means states like South Carolina, right in the middle of the U.S. population rankings and with few major metropolitan areas, might come off looking better than it should with its big decline in bicycle fatalities per 100,000 people.

“It looks like cycling safety has increased, but… the numbers in South Carolina are terrible,” said Amy Johnson Ely of the the state’s Palmetto Cycling Coalition.

Ely said the reason is that, contrary to the nationwide trend, fewer people are biking in her state than in the past.

In fact, The League of American Bicyclists, a Washington, D.C.-based nonprofit that advocates for cycling, ranks South Carolina 44th in its 2015 Bike Friendly Rankings. Florida ranks 24th.

The league’s Liz Murphy said fatalities “aren’t the only factor” in the rankings. State and local laws, federal funding and policies like complete streets also are considered.

The league rankings commend Florida for a bike safety emphasis in its strategic highway plan and in its safe passing law, which requires drivers to give cyclists three feet of space or more. The league suggests the state adopt a mobile phone ban for motorists and adopt specific, data-driven performance measures to decrease bicycle fatalities.

“Florida’s making great advances,” Murphy said, “but like every other state there’s room to grow.”

Driving While Tired Increases Your Chances of Getting in an Accident

Wed, 07 Dec 2016 15:43:00 GMT

Driving While Tired Increases Your Chances of Getting in an Accident

You probably know from personal experience that it’s difficult to stay alert behind the wheel when you are tired. New research shows for every hour of sleep you lose, your chances of getting in a auto accident increase. If you lose too much sleep, your level of fatigue can be the same as driving drunk . Check out the attached article a make sure you are well rested before you get behind the wheel.

PIP/No-Fault Laws of Florida

Fri, 02 Dec 2016 21:00:00 GMT

PIP/No-Fault Laws of Florida

In reviewing a file today a few issues came up that I want to remind everyone. The PIP/No-Fault Laws of Florida contain several limitations that make it more challenging for anyone injured in a car accident to get the treatment they need. First – you MUST get evaluated by a medical professional within fourteen (14) days of your accident or you get NO benefits under your PIP/No-Fault coverage. What does that mean? That means you cannot access the $10,000.00 you are required by law to carry to cover 80% of your medical bills and 60% of your lost wages. What are your options? Pay cash or hope you have met your deductible/out of pocket on your health insurance. So even if you are stiff and sore and hope it will go away – GET EVALUATED – because what if it does not go away?

Second – presuming you did get evaluated within those fourteen days, you also must be diagnosed by either a medical doctor, nurse practitioner, or dentist with an emergency medical condition or you are limited to just $2,500.00 of the $10,000.00 in benefits you are required to carry. The emergency medical condition diagnosis does not necessarily have to happen within that 14 day window, but it still has to happen.

The other relatively recent change is that PIP/No-Fault will no longer cover massage or acupuncture treatments. I think this is a real shame because these conservative modalities often provide my clients a great deal of relief. Fortunately we have practitioners here in town that do amazing work for reasonable rates, so even though you have to pay out of pocket, you can usually afford to get the treatment you need.

If you are ever involved in an automobile accident please seek legal guidance. Consultations with me are always free. The laws do not favor the injured party, so you need to take every step you can to protect yourself.

Our friends from the north are streaming in for the winter – there are more cars on the road. Please be safe out there!!!

Donna DeMarchi , Associate Crary Buchanan

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10 Reasons to Hire a Crary Buchanan Personal Injury Lawyer

Fri, 28 Oct 2016 17:52:00 GMT

Why You Should Hire a Crary Buchanan Personal Injury lawyer

1. Experience Evaluating Claims: Crary Buchanan personal injury lawyers have extensive experience evaluating cases like yours. We can tell you from the beginning if you have a case. This eliminates the guesswork of you trying to figure out if your case is worth pursuing. You don’t pay anything for this service.

2. No Fees Unless You Win Your Case: Crary Buchanan personal injury lawyers work on a contingency fee basis. This means you don’t pay us a fee unless we recovery money for you.

3. Details and Fine Print: Personal injury claims are complicated. Injured people have to go to the doctor and they get a lot of confusing mail from insurance companies and medical providers. On top of trying to recover from your physical injuries and the stress of having been injaured, the additional stress and strain of answering questions and filling out forms can be overwhelming. The personal injury lawyers at Crary Buchanan take care of all of this for you so you can focus on getting better.

4. Case Investigation: The injury attorneys at Crary Buchanan have experience with and access to investigators with specialized training to help examine the technical aspects of your case and develop a strategy to use all of the information in your case to your best advantage.

5. Impartiality: A personal injury lawyer must give you straight answers about your case. Many injured people are angry, in pain, frustrated and fearful about what happened to them and their future. Many times an insurance company will try to get you to take a quick settlement for a small amount of money. This can be very tempting because it puts the whole thing behind you. At Crary Buchanan, we help you to understand your case clearly and take it one-step- at-a-time, so you are in control of your case, not the insurance company.

6. Settlements: The injury attorneys at Crary Buchanan work very hard to get you top-dollar value for the settlement of your injury case. We won’t settle your case before it’s time, because that can leave money on the table.

7. We know the Defense Attorneys: At Crary Buchanan , we have been handling injury cases for decades. We know and have litigated with nearly all the defense attorneys who represent insurance companies in our area. We have cordial relationships and mutual respect with these attorneys. This is extremely important in personal injury cases , because it is this mutual respect that allows us to successfully resolve many of our client’s cases in a fair and reasonable manner.

8. We know the Insurance Adjusters: At Crary Buchanan we are used to working with the adjusters for insurance companies. Our job is to get you the highest recovery for your case. We are familiar with the arguments adjusters make to try to diminish the value of your case and we meet these arguments head-on with the best evidence that your case has value.

9. Mediation: Not every case goes to trial. Many cases are settled at mediation, before trial. The personal injury attorneys at Crary Buchanan have mediated hundreds of cases and recovered millions of dollars for our clients. WE have the experience to guide you through the mediation process.

10. Jury Trials: If your case does not settle and you have to go to trial, Crary Buchanan injury lawyers have the experience, skills and resources to take your case to a jury trial and persuasively argue the merits of your case.

Cheap gas may be killing us

Tue, 20 Sep 2016 23:33:00 GMT

Cheap gas may be killing us

Tens of thousands of people die every year in the US in automobile accidents. But 2015 was especially bad.

Last year 35,092 people died in traffic accidents , a 7.2% increase year over year, according to data published recently by the National Highway Traffic Administration. In fact, the percentage spike in traffic deaths last year was the biggest percentage increase in almost 50 years.

Jennifer Williamson named to Florida Public Service Commission Nominating Council

Mon, 29 Aug 2016 19:02:00 GMT

Press Release For Immediate Release

The President of the Florida Senate has appointed local attorney Jennifer Williamson to the Florida Public Service Commission Nominating Council. Williamson, a partner with the Crary Buchanan Law Firm, will serve on the council starting today through January 1, 2020.

The Public Service Commission Nominating Council screens and nominates applicants for appointment by the Governor to fill vacancies on the Florida Public Service Commission. The Florida Public Service Commission ensures Florida’s consumers receive electric, natural gas, telephone, water, and wastewater in a safe and reliable manner. The Commission has regulatory authority over utilities regarding rates, competitive market oversight and monitoring safety, reliability and service.

An attorney with Crary Buchanan since 1999, Williamson is board certified in real estate law and also practices business and corporate law.

Speed Limiting Devices

Fri, 26 Aug 2016 19:07:00 GMT

U.S. mulls rule to require speed-limiting devices for trucks, buses

The government wants large trucks and buses to use speed-limiting devices to promote greater safety and fuel economy.

What do you think?

How many times have you been passed by a speeding bus or large truck?

It’s an unsettling feeling to have a big truck or bus zoom past you.
Now they might be required to use speed-limiting devices to help make the roads safer.

If you need advice about a car or truck accident, call Crary Buchanan at 772-287-2600

WASHINGTON (Reuters) – The U.S. Transportation Department on Friday issued a proposed rule that would require trucks and buses to be equipped with devices that would limit their speed, a move it said could save both lives and fuel.

The agency said it will weigh setting speed limits at 60, 65 or 68 miles per hour for heavy commercial vehicles, but will consider other speeds based on comments from the public. Speed limits on interstate highways vary across the United States, with some states allowing vehicles to drive as fast as 85 miles (137 km) per hour, though many states have lower maximum speeds for trucks.

Continue at: ca.news.yahoo.com/u-mulls-rule-require-speed-limiting-devices-trucks-145040555.html

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Think Before You Post

Sat, 28 May 2016 00:14:00 GMT

We have all heard the infamous words “You have the right to remain silent – anything you say can and will be used against you in a court of law”. We equate that to being arrested. Well, we also need to stop and think before we post to social media. The internet and social media have become the primary tool used by litigants to defend and defeat claims . I cannot tell you how often an insurance company shows up to mediation with pictures or posts made by my clients on social media. Alas, this is the world in which we live; a world where many feel the need to post every aspect of their lives for the world to see. I have said it many times – if you do not want it blown up on a screen in a court of law do NOT send it out over the internet in any form. And do not think to delete anything makes it go away. That little smartphone you have – those texts and posts and pictures you “think” are deleted – they are not, they are all in there and very easily retrievable. Whether it be a personal injury case, a family law matter, a contract dispute – anything you say or have said could be used against you. Please always keep that in mind. Share this with your children. Be safe!!!!

Donna DeMarchi

Associate
Crary Buchanan

Are You Ready for the Upcoming Significant Changes to Overtime Regulations?

Mon, 23 May 2016 16:14:00 GMT

Are You Ready for the Upcoming Significant Changes to Overtime Regulations?

Beginning in December 2016, millions of more employees will become eligible for overtime pay. As a result, employers need to start preparing for the changes now. On December 1, 2016, significant changes to overtime regulations, known as the Final Rule, will become effective by the Department of Labor’s recent revisions to the Fair Labor Standards Act. These revisions impact overtime payments to your exempt employees under the executive, administrative or professional category, as well as highly compensated employees.

Currently, the salary threshold for executive, administrative, or professional exempt employees is $23,660 per year or $455 per week. In December, this threshold will more than double and increase to $47,476 per year or $913 per week. It is important to recognize that overtime-eligible employees may be paid a salary and do not need to be paid on an hourly basis to qualify. Unlike current regulations, in determining whether an employee’s income qualifies for overtime, employers will now include bonuses and commissions up to 10 percent of the standard salary level. For employers to credit nondiscretionary bonuses and incentive payments toward a portion of the standard salary level test, the Final Rule requires that such payments be paid on a quarterly or more frequent basis. After the changes take effect in December, the salary threshold will automatically update every three years based on wage growth, beginning on January 1, 2020. The increase will be published by the Department of Labor 150 days prior to the effective date. Consequently, employers need to remain diligent in staying up to date with future changes.

The revised regulations will also affect the highly compensated employees’ salary threshold, which will increase from $100,000 per year to $134,004 per year. To qualify as a highly compensated employee, the employee must receive at least $913 per week as a base salary, with commissions, nondiscretionary bonuses and other nondiscretionary compensation comprising the remaining salary. Below is a table summarizing the changes relating to both the executive, administrative and professional exempt employees and highly compensated employees (“HCE”).

The new regulations extend overtime protections to more than 4.2 million Americans. Employers only have six months to review current policies and make the appropriate adjustments prior to the effective date so it is important for all employers to begin preparing now. The first step is to identify employees that will be impacted by the Final Rule. Next, employers need to review current policies and procedures pertaining to overtime and salaries to determine what revisions need to be made. Employers should consider options such as raising salaries to maintain exemptions; paying current salaries overtime of one and a half times the employee’s regular pay after 40 hours; reorganizing workloads, adjusting schedules or spreading hours worked to reduce or eliminate overtime hours; and/or adjusting wages to fit your budget. Finally, make sure you communicate with your employees. Reassure employees that you are monitoring the new developments to the overtime regulations and taking steps to ensure compliance.

For more information about the Final Rule or for assistance in preparing for the upcoming changes, contact Elysse A. Elder at Elysse@CraryBuchanan.com .

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Leaders United

Thu, 18 Feb 2016 19:31:00 GMT

Leaders United

Attorney Donna DeMarchi is serving as the inaugural Chairperson for the new Leaders United Affinity Group of the United Way being formed in Martin County. The Steering Committee met on Wednesday, February 17, 2016, at the Crary Buchanan offices to discuss strategies to develop the organization. Pictured are: Back row: Steve Simon, Rosenthal Levy Simon & Ryles; Steve Pinnacoli, Thomas & Pinnacoli; David Deakins, Deakins-Carroll Insurance Agency; Darcy Flierl, CAP, LCSW; Kristen Bishop, Zweben Law Group; Hilary McKeich, Group One Safety & Security; Kimberly Perron, Interiors by Kimberly, LLC. Front Row: Stuart Androlio, Enterprise Rent-A-Car; Teresa Lamar-Sarno, City of Stuart CRA; Donna DeMarchi, Crary Buchanan ; Elisabeth Glynn, United Way; Nancy McCarthy, United Way, Dewey Vinaya, The Children’s Museum of the Treasure Coast

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If ‘friends’ can see Facebook photos, so can opposing counsel

Wed, 03 Feb 2016 20:27:00 GMT

If ‘friends’ can see Facebook photos, so can opposing counsel

Just because you set your Facebook privacy setting to allow only “friends” to see your photos doesn’t mean they won’t wind up as Exhibit A in court.

In Nucci v. Target Corp., a case that “stands at the intersection of a litigant’s privacy interests in social media postings and the broad discovery allowed in Florida in a civil case,” the Fourth District Court of Appeal said the “relevance of the photographs overwhelms Nucci’s minimal privacy interest in them.”

In a January 7 order in Case No. 4D14-138, Judge Robert Gross, with Judges Matthew Stevenson and Jonathan Gerber concurring, wrote: “In a personal injury case where the plaintiff is seeking intangible damages, the fact-finder is required to examine the quality of the plaintiff’s life before and after the accident to determine the extent of the loss. From testimony alone, it is often difficult for the fact-finder to grasp what a plaintiff’s life was like prior to an accident. It would take a great novelist, a Tolstoy, a Dickens, or a Hemingway, to use words to summarize the totality of a prior life.

Continue reading article….

When driver-less vehicles collide: who’s responsible?

Tue, 22 Dec 2015 19:18:00 GMT

When driver-less vehicles collide: who’s responsible?

The time is fast approaching when cars will drive themselves. Who will be responsible if a collision happens?

Bloomberg examines this complicated legal question.

Please click on the link below to read the full article bloomberg.com/news/articles/2015-12-22/driverless-cars-give-lawyers-bottomless-list-of-defendants –

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Crary Buchanan Recognized as Business of Character

Wed, 04 Nov 2015 19:44:00 GMT

Crary Buchanan recognized as Business of Character

United Way of Martin County’s CHARACTER COUNTS! the program, in partnership with Martin Health System and the Business Development Board of Martin County, recently honored Crary Buchanan , Attorneys at Law, with the fifth annual Business of Character Award.

The goal of the Business of Character Award is to raise awareness of the importance of core ethical business practices and recognize local businesses that encourage and reward mutual respect, responsibility, and trustworthiness.

On hand to accept the award was Larry E. Crary, Crary Buchanan senior member. Crary Buchanan demonstrates a commitment to good character and works ethics by encouraging employees to pursue professional development and community involvement opportunities.

“In a community like Martin County with so many generous businesses and individuals who help those in need, we at Crary Buchanan Law Offices are honored and humbled to receive this award,” Crary said. “The hallmark of a successful, caring community, like Martin County, is how we help our neighbors most in need.”

Also recognized at the luncheon for their commitment to serving Martin County with character were finalists Stuart Stamp & Engraving and Bank of America. Other businesses nominated for the award include 561 Skateboarding; Children’s Museum of the Treasure Coast; Chili’s; Hibiscus Children’s Center; Martin County — Witham Field; Ooo La La Catering; Proctor, Crook, Crowder & Fogal; Ross, Earle, Bonan & Ensor; Salvation Army of Martin County; Samaritan Center for Young Boys and Families; Sign Store & More; Terra Fermata; and Treasure Coast Urgent and Family Care.

For more information, visit www.LIVEUNITEDmc.org/CharacterCounts, email hlaiben@unitedwaymartincounty.org or call (772) 283-4800, ext. 234.

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Stuart Magazine November Issue

Wed, 28 Oct 2015 20:46:00 GMT

Stuart Magazine November Issue

Evans Crary, Jr, presented the Frances Langford Humanitarian Award to Douglass and Patricia Stewart at the United Way Foundation Luncheon at the Harbour Ridge Country Club in Palm City. Crary Buchanan trust attorney Steve Beres and practice manager Jim Menendez were on hand to honor and congratulate the Stewarts.

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James Bowdish’s 4th DCA Oral Argument

Wed, 14 Oct 2015 20:03:00 GMT

James Bowdish’s 4th DCA Oral Argument

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Crary Buchanan Named 2015 Business of Character by Business Development Board

Tue, 13 Oct 2015 19:00:00 GMT

Crary Buchanan Named 2015 Business of Character by Business Development Board

Crary Buchanan Law received the Business of Character Award at the 2015 Business Appreciation Awards Luncheon hosted by the Business Development Board of Martin County. The event was held Oct. 7 at Willoughby Golf and Country Club in Stuart, Florida.
The 88-year old firm, founded by Evans Crary Sr., was honored for its long history of community involvement through volunteering and donating to important causes that serve the needs of many on the Treasure Coast.
In the application for the award, Linda Weiksnar, Crary Buchanan family law attorney, was quoted for having quipped “Crary Buchanan, not Disney, is the happiest place on earth.”
Larry Crary, accepting for the firm, noted that generosity has always been a defining feature of the Stuart community and he urged everyone to remain committed to helping the less fortunate, especially the poor and the homeless.

Crary Buchanan Participates in ME’s Team Charitable Shoot

Wed, 30 Sep 2015 06:14:00 GMT

Crary Buchanan participated in the ME’s Team Charitable Foundation Annual Celebrity Fun Shoot on Saturday January 31, 2015 at Quail Creek Plantation in Okeechobee. The Crary Buchanan team was made up of Joanna Hoover of CPA Tax Solutions, Christa Luna of Gilbert Chevrolet, Paula Younger of CPA Tax Solutions and Seth Fertic. Attorney Jennfier L. Williamson worked the event as a board member of ME’s Team.

A Problem Solver For Business

Wed, 02 Sep 2015 16:57:00 GMT

A Problem Solver For Business

Crary Buchanan

Revised Program Will Reduce Student Loan Repayments

Mon, 17 Aug 2015 14:55:00 GMT

Revised Program Will Reduce Student Loan Repayments

More student loan borrowers are expected to gain access this year to a repayment plan that cuts monthly debt payments to a small share of their income.
The plan has been called Repaye, for “revised pay as you earn.” As the name suggests, it is based on the “pay as you earn” repayment program, which became available to some student loan borrowers nearly three years ago.

The new plan grew out of an executive order signed last year by President Obama, who aimed to expand the pool of borrowers helped by the pay-as-you-earn program. Concern has been growing about the economic impact of student debt and mounting loan defaults. In 2013, nearly 70 percent of graduating college seniors had student loans, and their average debt was more than $28,000. The Obama administration has said up to five million more borrowers will become eligible for the expanded program.

The new version of the pay-as-you-earn program will be available to anyone with federal direct loans, regardless of when students receive the loans and what their debt-to-income ratio is. (The original pay-as-you-earn plan is available only to those who borrowed after 2007 and requires borrowers to have high debt relative to their income.)

Can the Insurance Industry Survive Driverless Cars?

Thu, 30 Jul 2015 19:30:00 GMT

Can the Insurance Industry Survive Driverless Cars?

A black Volkswagen Golf rolls along at 12 mph on an empty road in the heart of Virginia’s horse country. Suddenly the dashboard lights up, and there’s a warning sound. The driver ignores it. A moment later, the VW brakes hard—all on its own—and comes to a stop a foot in front of an inflated box painted to look like the rear end of a car. The Insurance Institute for Highway Safety (IIHS) has been running tests like this a few times a month at its research center in Ruckersville, Va. The objective is to vet automakers’ latest crash avoidance technologies, like the one in the Golf, to identify the most effective ones.

What to Do If You Get Pulled Over by a Cop

Thu, 23 Jul 2015 20:02:00 GMT

Know your rights—and stay calm

There are still a lot of questions to be answered about the arrest and death of Sandra Bland, who recently died tragically after three days in a Texas jail. A video released by the Texas Department of Public Safety captured a portion of the confrontation between Bland and a police officer after she was pulled over on July 10 for a routine traffic stop. Perhaps most striking is how quickly the situation escalated, leading to the forcible arrest of Bland, and culminating in her untimely demise. It’s also a reminder of how important it is to know your legal rights, and what is and is not permissible when you are pulled over by a police officer.

A Treasure We Call Home

Tue, 14 Jul 2015 00:06:00 GMT

Crary Buchanan Attorney William F. (“Rick”) Crary II published his first book “A Treasure We Call Home” on Amazon

From Amazon:
Rick Crary has spent years of digging through rare books and buried records searching for Florida’s forgotten past. And now, he takes us on a treasure hunt through time to uncover enduring significance in the vanishing history of Florida and her hidden Treasure Coast.

Crary employs his skills as a tireless researcher and master story-teller to disclose the dreams and destinies of people whose lives have been linked forever with Florida’s Treasure Coast, including an embattled President; a washed-up movie mogul; a judge who murdered a judge; a newsman sage; a Pineapple King—and Florida’s Great Gatsby Governor.

Crary Buchanan Sponsors 5th Annual Young Guns Sporting Clays Shoot

Mon, 16 Mar 2015 07:35:00 GMT

Crary Buchanan Sponsors 5th Annual Young Guns Sporting Clays Shoot

This past Saturday – March 14, 2015 – Crary Buchanan was a Silver Team Sponsor for the 5th Annual Young Guns Sporting Clays Shoot held at Quail Creek Plantation in Okeechobee. The event was a fundraiser shoot to benefit the “Young Guns of Quail Creek” youth shooting program.

Shooters on the Crary Buchanan Team included Attorney Jennifer Williamson, Rodney Carden, Fernando Giachino, and Attorney Scott Turnbull.

Crary Buchanan Charity

Researchers Predict Self-Driving Cars Could Eliminate Most Auto Accidents

Mon, 09 Mar 2015 14:29:00 GMT

Researchers Predict Self-Driving Cars Could Eliminate Most Auto Accidents

Auto accidents happen all the time for a variety of reasons. The most common culprit behind most traffic collisions, however, is driver error and negligence . Motorists are humans, and as such, they don’t always do everything they can to obey the rules of the road or make safety a priority. By automating much of the actions drivers make, automakers and safety experts believe that many of the accidents, injuries, and deaths caused by negligent drivers will become a thing of the past.
Self-driving cars may be several years off, but should these automated vehicles be widely adopted by Americans, they could significantly improve roadway safety, cut down deaths, and change our society, according to a recently released study from a global consulting firm.

Here are some findings from the study, in which researchers analyzed crash data and interviews with numerous auto and safety industry officials:

1. If self-driving cars are widely used on American roads, they could eliminate up to 90% of traffic accidents , save close to $190 billion in health care costs, and save thousands of lives each year (car accidents remain a leading cause of death in the U.S.).

2. Automated cars are predicted to be widely adopted by American consumers around 2030. The initial use of self-driving cars will begin within the next decade.

3. The use of advanced and automated driving technology – including adaptive cruise control, lane departure prevention, and blind-spot alerts – are on the rise.

Autonomous cars are believed to be the wave of the future and have already begun to reshape and revolutionize the auto industry. Self-driving cars can also make a significant difference in improving roadway safety and are therefore being explored by many auto manufacturers and safety experts.

As interesting as predictions about the future and technology may be, the new study does an even better job of reminding us just how dangerous public roads and highways can be, and just how often drivers make errors or act negligently.

At Crary Buchanan, our personal injury lawyers routinely represent victims and families who have suffered damages in auto accidents . If you have questions about your rights after an accident, call our firm today to discuss your case.

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Jim Menendez Appointed to Certified Legal Manager Committee

Thu, 26 Feb 2015 14:56:00 GMT

Jim Menendez Appointed to Certified Legal Manager Committee by the Association of Legal Administrators

Crary Buchanan is pleased to announce that our firm administrator Jim Menendez has been appointed to serve a four-year term on the Certified Legal Manager (CLM) Committee by the Association of Legal Administrators (ALA). He will be sworn in at the ALA national convention in Nashville, Tennessee on May 17.

The ALA was founded in 1971 as a professional organization for professionals involved in the management of law firms, legal departments, and legal agencies. It now has 9,500 members worldwide. ALA’s CLM committee is responsible for directing the organization’s testing and credentialing program.

Our firm congratulates Jim on his latest achievement and is confident he was selected for his exceptional abilities. After working as a legal administrator with another firm for 16 years, Jim became Crary Buchanan’s legal administrator in 1991. He manages staff and operations and has played a crucial part in overseeing the firm’s expansion and relocation to our firm’s current location on Federal Highway in Stuart. He has held an integral role in helping Crary Buchanan become a premiere Treasure Coast law firm.

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Crary Buchanan Candy Jars Become Part of History

Wed, 18 Feb 2015 15:48:00 GMT

Crary Buchanan Candy Jars Become Part of History

Today’s issue of Your News! featured an article all about Crary Buchanan’s annual holiday Candy Jars. The jars started more than 20 years ago with the idea that they’d be a nice gift for clients to start the new year. Our firm made 500 that first year, and they caught on like hotcakes.

Each candy jar features an image of a historical site in Martin County and a tag that gives a little detail about their history. Over the years, our firm has designed, stuffed, and tagged more than 15,000 jars! They’re now a holiday fixture at offices and homes across the Treasure Coast, as well as a few places beyond.

Our office on Federal Highway features only one of two known complete sets of Crary Buchanan candy jars. The other set has been donated to the Elliott Museums’ historical collection.

In the article – which you can view here and here – members of our legal team are photographed with the 20-year collection.

Junior League of Martin County Hosts Event for Hibiscus Children’s Center

Tue, 17 Feb 2015 15:53:00 GMT

Junior League of Martin County Hosts Event for Hibiscus Children’s Center

The Junior League of Martin County hosted a Valentine’s Day event on Saturday, February 14, 2015, for the children sheltered at Hibiscus Children’s Center. Hibiscus provides safe shelter and support to children who have been removed from their homes due to abuse, abandonment, or neglect.

During the event, volunteers participated in Conscious Discipline training with the children, escorted them through various fun craft activities, had lunch catered by OooLaLa Catering, and ended the day with soccer and music events. Pictured below are Crary Buchanan Attorney Donna DeMarchi, Rosi McCluney-Shepard, and Teena White and the full group of volunteers.

5 Ways to Strengthen Your Personal Injury Claims

Wed, 04 Feb 2015 16:23:00 GMT

5 Ways to Strengthen Your Personal Injury Claims

If you were injured and are trying to file a personal injury claim, there are some very important steps you can take to strengthen the arguments in your claim and attain the maximum possible compensation. To help you understand all elements that comprise all of the legal procedures for filing claims, here we present five pieces of advice to kick-start the process.

Document Everything

The hazy moments after accidents can cloud your memory, making it difficult to remember all of the specific details. Not to mention that it may be too painful to relive the trauma, no matter how minor or not the accident was. Yet, believe it or not, all of these seemingly minute details add up to the bigger picture, and one wrong move potentially turns into a catastrophe. Can you recall the other person’s error? Did the wrongdoer have an incriminating slip of the tongue? Write down everything that you can remember.

Who Was At Fault?

The key to having a successful claim is to determine how another party acted negligently to cause your injuries. Here is one example: you and a co-worker take turns operating heavy machinery at work. Your co-worker ignores a crucial safety precaution, an accident occurs, and you were injured as a result. In this scenario, the co-worker may be found liable for violating the safety rule, thus causing the accident.

Get to Know the Claims Process

For all personal injury claims, the key is to find where and how the other party was responsible for causing the accident and thus your injuries. For automobile accidents, it may be a different story. Currently, Florida is a “no-fault” state, which means that regardless of who is found at fault, you file a claim with your own insurance company. This can be troublesome for those who believe they were wronged and are owed more than what insurance companies are willing to payout.

Gather All Relevant Evidence

Try to keep track of all of the medical bills, as well as any other costs that have incurred for treating your injuries. This may include the therapy bills for emotional anguish or pain and suffering. You should also keep track of any other unexpected costs, including unearned wages, transportation costs to hospital visits, and other lost income. Keep photos of your injuries as evidence. You may also want to revisit the scene of the incident and take photos of the area. The most accurate you can keep these records, the better chance you have at finding the right monetary compensation.

Obtain Immediate Legal Representation

No matter how large or small you believe your case to be, you should hire an attorney to assist you with your case. You can choose to represent yourself in your case, but you may not reap all the benefits that may be available to you. An attorney can ensure that every single portion of your case never misses a beat, first by helping you determine how much your claim should be worth and advocating for you whether your case is settled or needs to go to trial.

Our Stuart personal injury lawyers have 85 years of combined experience and have helped thousands of clients achieve favorable outcomes. We know the time, dedication, and effort it takes to win. Call Crary & Buchanan today!

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We Participates in ME’s Team Charitable Shoot

Tue, 03 Feb 2015 16:54:00 GMT

Crary Buchanan Participates in ME’s Team Charitable Shoot

Second Annual 5k Run for the Falcons

Fri, 16 Jan 2015 17:17:00 GMT

Second Annual 5k Run for the Falcons

Crary Buchanan recently sponsored the Second Annual 5k Run for the Falcons on January 9 ^th . The event benefitted the Jensen Beach High School Boy’s Lacrosse Team and contributed 10% of the funds raised to the Kyle Conrad Foundation!

Crary Buchanan also had several members of our legal team , and their family members, participate in the Run.

Pictured below are Paralegal Christine Grant (2 ^nd in her division), Attorneys Rob and Elysse Elder’s youngest son Matthew (1 ^st in his division), Attorney Elysse Elder, Jake Elder, and Robbie Elder.

Crary Buchanan Sponsors ‘Run for the Falcons 5k’

Fri, 12 Dec 2014 17:26:00 GMT

Crary Buchanan Sponsors ‘Run for the Falcons 5k’

Crary Buchanan is pleased to announce that our firm is a proud sponsor of the upcoming Run for the Falcons 5k! The event will benefit the Jensen Beach High School boy’s lacrosse team. A percentage of the proceeds will also be donated to the Kyle Conrad Foundation, a non-profit that awards annual scholarships throughout Martin County.

The Run will take place on January 9th at 6:00 pm at Jensen Beach High School.

Crary Buchanan Team Volunteers at Junior League of Martin County’s 6th Annual Rudolph’s Reindeer Dash

Tue, 09 Dec 2014 17:29:00 GMT

Crary Buchanan Team Volunteers at Junior League of Martin County’s 6th Annual Rudolph’s Reindeer Dash

Crary Buchanan is pleased to announce that several members of our legal team participated in the 6 ^th Annual Rudolph’s Reindeer Dash this past weekend! The event is organized by the Junior League of Martin County, a non-profit committed to helping women build and improve local communities through volunteer work, effective action, and leadership.

The 6 ^th Annual 5k was held on December 6 at Sewall’s Point Town Commons Park. Attorney Donna DeMarchi and her husband Chris Follmer were volunteers at the event. Trust and Estate Paralegal Melanie Howe and her friend Vicky Harrigan, as well as Paralegal Christine Grant and her daughters Emily and Rachel Grant also participated in the dash!

Members of Crary Buchanan Team at Leukemia & Lymphoma Society Half Marathon

Mon, 10 Nov 2014 17:34:00 GMT

Members of Crary Buchanan Team at Leukemia & Lymphoma Society Half Marathon

Two members of our legal team at Crary Buchanan recently participated in the Rock ‘n’ Roll Half Marathon in Savannah, GA this past weekend. The event helps benefit the Leukemia & Lymphoma Society, the world’s largest nonprofit organization dedicated to blood cancer research, education, and patient services.

Below is Melanie Howe, paralegal to Steven Beres, Christine Grant, paralegal to Rob Elder and Deborah Sanders, and Christine’s daughter Rachel.

Crary Buchanan Team at Making Strides Breast Cancer Walk

Thu, 06 Nov 2014 17:43:00 GMT

Crary Buchanan Team at Making Strides Breast Cancer Walk

On October 18 ^th , our team at Crary Buchanan joined other community members to support “Making Strides Against Breast Cancer” of Martin, a walk/run which helped raise breast cancer awareness and raise funds for the American Cancer Society. The event was held at Memorial Park in Stuart. According to Making Strides of Martin, the event was a great success, with over 1,000 participants raising more than $115,000!

Our team is proud to have been involved in this event, and thanks to everyone who donated or came out to show their support. Below is our team photo from the Walk.

Back Row: Janice Sands, Kelly Turnbull, Mike Crary, Ann Crary, Linda Weiksnar
Front Row: Brittney Reeves, Yvette Jarrell, Noah Jarrell

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Crary Buchanan Recognized in Palm City Spotlight for “Honor a Hero” Blood Drive

Mon, 27 Oct 2014 17:45:00 GMT

Crary Buchanan Recognized in Palm City Spotlight for “Honor a Hero” Blood Drive

Crary Buchanan and several members of our legal team were recognized in the Palm City Spotlight for our recent “Honor a Hero” blood drive on 9/11. The article shares Managing Partner Mike Crary’s inspiration for the blood drive and the success of this year’s event, which our firm has been organizing since 2010.

The blood drive – which you can read more about on our blog – was held at the civic center and Port St. Lucie City Hall. Trained specialists collected 102 units of blood from volunteers, which will help save the lives of more than 300 Treasure Coast residents . Since the memorial blood drive began, drivers have donated enough units of blood to save over 3,000 lives.

Our firm is pleased to have honored the heroes and Americans who lost their lives as a result of the September 11 ^th terrorist attacks, as well as the many others whose acts of selflessness help others.

Join Crary Buchanan in Making Strides Against Breast Cancer

Wed, 24 Sep 2014 17:50:00 GMT

Join Crary Buchanan in Making Strides Against Breast Cancer

The Law Firm of Crary Buchanan invites you to join our team on October 18, when we will join others for “Making Strides Against Breast Cancer” of Martin. The walk-run will raise funds for the American Cancer Society and its efforts to fight the disease. We will also be honoring breast cancer survivors and raising awareness about what we can do to reduce breast cancer risk.

The event begins at 9 a.m. at Memorial Park in Stuart. For more details, please visit the ACS website. Donations are being accepted here.

Crary Buchanan to “Make Strides Against Breast Cancer” in American Cancer Society 5K Walk

Tue, 23 Sep 2014 17:53:00 GMT

Crary Buchanan to “Make Strides Against Breast Cancer” in American Cancer Society 5K Walk

Crary Buchanan will join forces with the Martin County local community to fight breast cancer in the American Cancer Society “Making Strides Against Breast Cancer” walk. Attorneys participating in the event include Mike Crary and Linda Weiksnar . The walk will take place on Saturday, October 18 ^th , 2014. Click here to learn more about the event.

Making Strides Against Breast Cancer (MSABC) unites more than 300 communities in the fight against breast cancer, making it the largest network of breast cancer awareness events in the nation. Each event furthers the fight against breast cancer by enabling services and research for those affected by breast cancer.

Under the mantra “passion, power, and purpose,” MSABC achieves this goal through community participation, volunteer work, and donations. Visit www.makingstrides.acsevents.org for more information about the American Cancer Society and MSABC.

Treasure Coast Residents Donate 102 Units of Blood to “Honor a Hero” Blood Drive

Wed, 17 Sep 2014 17:59:00 GMT

Treasure Coast Residents Donate 102 Units of Blood to “Honor a Hero” Blood Drive

Residents of Treasure Coast donated 102 units of blood to honor those who died on 9-11. For several years, Crary Buchanan, Attorneys at Law has hosted the “Honor a Hero” blood drive. Over the years, the blood drives have collected enough donations to save more than 3,000 lives – more lives than the number lost on 9-11.

Mike Crary, a managing partner at the firm, spoke at the event and discussed what 9-11 meant to him and the nation.

At Crary Buchanan, we are dedicated to upholding the principles of this great nation. As a full-service law firm, we are wholeheartedly dedicated to helping not only our clients but the community around us. By contributing to the blood drive, our team demonstrated its commitment to helping and caring for others.

How Can a Certified Legal Manager Help Your Case?

Tue, 09 Sep 2014 18:11:00 GMT

How Can a Certified Legal Manager Help Your Case?

James Menendez is a Certified Legal Manager (CLM) at Crary Buchanan, Attorneys at Law. At the firm, he uses his legal expertise and understanding of the Florida legal system to help clients pursue the best solutions for their cases. Certification is sponsored by the Association of Legal Administrators (ALA), an organization committed to supporting legal professionals through law firm management.

The mission of the ALA is to “provide solutions to the most strategic and operational challenges our members and customers face today, while [preparing] them for the opportunities and challenges of tomorrow.” As a CLM at Crary Buchanan, James understands the importance of constantly pursuing a deeper understanding of the law. As a CLM, he has the opportunity to continually help the firm better help clients throughout the Treasure Coast region.

In a recent video with the ALA, he said, “I’ve always enjoyed getting up and going to work every day. It’s amazing, but I just love being a legal administrator. The CLM program has given me a way to give back to the legal field.”

The CLM has many benefits, including recognition from the Florida bar and legal peers. “The recognition that you get for being a CLM is very important,” said James, “It gives you a level of recognition…with the lawyers. Being a CLM has also helped me in my relationship with the Florida Bar.”

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Friends of the NRA Features Attorney Jennifer Williamson as “Volunteer of the Week”

Wed, 27 Aug 2014 18:17:00 GMT

Friends of the NRA Features Attorney Jennifer Williamson as “Volunteer of the Week”

Attorney Jennifer Williamson is the featured “Volunteer of the Week” for Friends of the NRA. Tom Knight, an NRA Field Representative called Jennifer’s contribution to the organization a tremendous asset to Friends of the NRA . “[Jennifer] is always there any time that I need something done, or if she thinks of something she has to offer. She is truly dedicated to the program…”

Friends of the NRA is an organization committed to preserving the future of shooting sports in the United States. Under the mantra “Fun, Fellowship, Fundraising,” Friends of the NRA focuses on creating an exciting community of like-minded people who are devoted to the same cause.

Last year, Jennifer supported Friends of the NRA by attending its national banquet in May . The Treasure Coast Friends of the NRA will hold an NRA Banquet at the Port St. Lucie Civic Center on October 24 ^th , 2014. To see Jennifer’s “Volunteer of the Week” spotlight, visit friendsofnra.org to learn more about her contribution.

The IRS Issues Additional Phone Scam Warning

Tue, 26 Aug 2014 18:41:00 GMT

The IRS Issues Additional Phone Scam Warning

Earlier this month, the IRS (Internal Revenue Service) repeated a warning to taxpayers regarding an ongoing phone scam. According to the IRS, approximately 90,000 taxpayers received calls from individuals who fraudulently claim to be the IRS, demand payment, and threaten legal action. According to the Treasury Inspector General for Tax Administration, approximately 1,100 taxpayers have lost money to the scam. As of August 13 ^th , victims lost an estimated $5 million total.

IRS Commissioner John Koskinen told taxpayers that these losses are avoidable . “There are clear warning signs…” he said, “Taxpayers should remember their first contact with the IRS will not be a call from out of the blue….A big red flag for these scams is angry, threatening calls from people who say they are from the IRS and urging immediate payment.” He concluded, “This is not how we operate.”

How to Identify Fraudulent IRS Calls

Fortunately, the IRS follows strict guidelines when calling taxpayers. Here are a few ways that you can differentiate between fraudulent and authentic communication from the IRS.

1. The IRS will never ask for immediate payment via phone call. Additionally, enforcement action (liens or levies) are preceded by notifications of enforcement action.

2. The IRS will never ask for the following items over the phone: credit card information, debit card information, or prepaid card information.

3. The IRS will never force taxpayers to use a specific method of payment (such as a credit card) to fulfill their financial obligations.

In addition to these guidelines, the IRS provides a list of ways to identify potential scammers . For example, scammers may use a fake name and IRS badge number to perpetuate their act. Often, scammers know the last four digits of your social security number and may call from a number that mimics the IRS on caller ID. During the call, the scammers may imitate office sounds and background noises to make the conversation seem legitimate. Finally, scammers may threaten legal action during the call and follow it up with another phone call, where they claim to be law enforcement or the DMV.

To read the full news release from the IRS, click here .

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General Mills Clarifies New Legal Policies Barring Consumers from Suing

Fri, 22 Aug 2014 17:26:00 GMT

General Mills Clarifies New Legal Policies Barring Consumers from Suing

General Mills – a multibillion-dollar corporation and one of the world’s largest food companies – recently amended new legal policies that barred consumers who joined General Mills’ online communities from suing the company. In a statement issued last week, the company clarified that the policy did not apply to consumers who visit General Mills’ Facebook pages or Twitter accounts.

The amendment comes after considerable scrutiny of General Mills’ new legal policies. A recent New York Times article also criticized the food company’s attempts to void consumers’ right to sue when they interact with the company online. The policy requires these consumers to submit complaints via informal negotiations or arbitration.

A statement made by a General Mills spokesman last week clarified that “online communities” referred to in the policy refer only to online communities hosted by General Mills on its own websites . Consumers who like one of the company’s Facebook posts or retweet a post on Twitter would still have the right to sue. The policy would apply, however, to those who subscribe to one of General Mills’ publications or download coupons. Another tricky point is that if consumers wish to receive coupons in exchange for liking a brand on Facebook, they will also have to agree to the new terms and policies in order to get the coupon.

The spokesman also added that “the policy would not and does not preclude a consumer from pursuing a claim. It merely determines the forum for pursuing a claim. And arbitration is a straightforward and efficient way to resolve such disputes.”

Legal experts have commented that General Mills’ new legal policies are vague and that there are a number of actions consumers could engage in with the company – email lists, coupon offerings, etc. – that could subject them to this clause. Consumers have also expressed dissatisfaction with General Mills’ policies on online forums and Facebook postings. The problem, it seems, is that in its attempts to shield itself from costly litigations, General Mills gives consumers the sour taste of vague legal policies, lack of choice, and in certain circumstances, constricted legal recourse.

At Crary Buchanan, our Stuart attorneys have helped numerous individuals, families, and businesses with their commercial and civil litigation matters. While General Mills’ new policies highlight legal complexities created by the internet, they also demonstrate that consumers are still passionate about preserving their rights. If you have questions about your rights in a legal matter, litigation, or how our firm can help, call 772-287-2600 .

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Miami-Dade Judge Says Workers’ Comp Act is “Unconstitutional”

Thu, 21 Aug 2014 18:43:00 GMT

Miami-Dade Judge Says Workers’ Comp Act is “Unconstitutional”

A Miami-Dade judge deemed The Florida Workers’ Compensation Act unconstitutional because it doesn’t provide suitable benefits for injured workers. In 2012, a Miami-Dade County employee tripped over boxes left on the floor. The injury resulted in shoulder replacement surgery, and the woman eventually retired because of chronic pain associated with her accident.

The Florida Workers’ Compensation Act only allows employees to seek compensation for injuries through workers’ compensation insurance. Extreme cases, such as intentional harm by the employer, may permit a lawsuit. But the exclusive remedy keeps some workers from getting the benefits that they deserve.

Last week, 11 ^th Circuit Court Judge Jorge E. Cueto ruled that the act was “facially unconstitutional as long as it contains Section 440.11 as an exclusive replacement remedy.” The remedy, Judge Cueto said, “is no longer an adequate exclusive replacement remedy in place of common tort law.”

According to the ruling, the act was a viable workers’ compensation solution four decades ago. Today, it isn’t a realistic substitute for civil court. In fact, Judge Cueto’s ruling called the act “the most intrusive way to compensate citizens for injuries on the job by taking away access and removing the inviolate right to trial by jury.” In addition to labeling the act unconstitutional, the ruling said that workers’ comp should include permanent partial disability benefits.

This case isn’t the only one to challenge Florida’s workers’ comp act, but one state relations executive in Florida said that “there’s a good chance someone will appeal it.”

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Crary Buchanan Supports Okeechobee County Political Forum

Fri, 15 Aug 2014 18:46:00 GMT

Crary Buchanan Supports Okeechobee County Political Forum

Jennifer Williamson , a partner with Crary Buchanan, pictured here with Christa Luna, participated in the Okeechobee County Political Forum this week, representing the Economic Council of Okeechobee. The forum was held on August 13 ^th , 2014, and sponsored by several groups, including the Economic Council.

As a longstanding part of the local community, Crary Buchanan has served Stuart, Port St. Lucie, Okeechobee, and the surrounding area since 1927. The firm has provided invaluable legal guidance over the past 87 years and continues to serve clients with an unparalleled level of service and proficiency in the legal field.

The firm handles a wide variety of legal matters, including family law , real estate , business disputes , civil litigation , personal injury cases , securities arbitration issues, estate planning , and more. To see how Crary Buchanan can help you, please call (772) 287-2600 .

Crary Buchanan Sponsors Annual Charger 5k Run/Walk

Tue, 29 Apr 2014 00:00:00 GMT

Crary Buchanan Sponsors Annual Charger 5k Run/Walk

Crary Buchanan is pleased to announce that our firm is a sponsor for the St. Joseph Catholic School’s Annual Charger 5k Run / Walk. St. Joseph Catholic School has been serving the Treasure Coast community for more than 52 years and uses proceeds raised from the event to support its core curriculum.

The race will take place at 6:30 pm on Friday, May 16 ^th at St. Joseph Catholic School / Church.

Federal Officials Move Forward with Vehicle-to-Vehicle Communication Technology

Mon, 03 Feb 2014 17:30:00 GMT

Federal Officials Move Forward with Vehicle-to-Vehicle Communication Technology

On Monday, February 3, federal officials from the U.S. Department of Transportation (DOT) announced plans to move forward with requiring automobile manufacturers to equip vehicles with new technology for car-to-car communications. By installing the innovative technology on new cars and light trucks, safety officials estimate that up to 80% of traffic accidents – excluding those caused by impaired drivers and auto part defects – could be prevented .

Under the DOT proposal, automakers would be required to install vehicle-to-vehicle (v2v) communication technology in new cars and various light vehicles and trucks. Vehicle-to-vehicle communication uses transponders to communicate a vehicle’s speed, direction, and the location at up to 10 times per second to other nearby motor vehicles. The system’s transponders use a dedicated radio spectrum similar to WiFi.

In the event of potential collisions, a vehicle equipped with v2v communication would alert the driver. Some advanced systems may automatically slow the vehicle to avoid an accident. Although these benefits are surely welcomed, implementing them may be a timely and difficult challenge. One concern expressed by officials is that it could take years before there are enough cars on the road equipped with v2v communication. Still, researchers and safety advocates are thrilled about the potential impact this technology may have.

What at one time may have seemed to be a work of science fiction, v2v communication now appears to be the wave of the future. For safety officials throughout the country, it may also prove to be an invaluable tool in reducing rates of preventable auto accidents and protecting public safety on roads and highways.

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Mortgage Forgiveness Debt Relief Act May Impact Your Wallet

Fri, 24 Jan 2014 17:42:00 GMT

Mortgage Forgiveness Debt Relief Act May Impact Your Wallet

A common question in the minds of worried homeowners facing foreclosure or trying to sell their homes is whether they’ll get hit with an unexpected tax bill if the Mortgage Forgiveness Debt Relief Act is not extended. Stuart bankruptcy attorney Jeffrey J. Saunders can help local homeowners understand the impact of the Mortgage Forgiveness Debt Relief Act.

On Thursday, February 20 ^th at 6:30PM , Attorney Saunders is sponsoring a free seminar at our firm’s Stuart office at 759 South Federal Highway to clearly explain how various debt resolution options may impact homeowners, whether the law is extended or not. The same seminar is also scheduled for Thursday, February 27 ^th , 6:30 PM , in Port St. Lucie at the Holiday Inn at 10120 South Federal Highway Both seminars are free, open to the general public and realtors, and are available on a first-come, first-serve basis. Space is limited so please arrive early.

Law Allows Underwater Homeowners to Come Up for Air

Generally, when debt is forgiven by a lender, it is considered a taxable event to the individual who originally incurred the debt. If a person had a $100,000 mortgage, sold his home for $80,000, and the lender forgave the remaining indebtedness, then the homeowner would be required to pay taxes on the forgiven portion of the loan. In 2007, in the midst of the housing meltdown, Congress passed the Mortgage Forgiveness Debt Relief Act , which generally allows homeowners to avoid paying taxes on the mortgage debt forgiveness on their principal residence.

The Mortgage Forgiveness Debt Relief Act has been extended twice since 2007, but it expired on December 31, 2013. Anxious homeowners, realtors and lawyers are waiting to see if Congress will extend the expired tax break. “It’s important for homeowners to understand their options, regardless of whether the law expires or is extended,” says Attorney Saunders, who has extensive experience negotiating mortgage related debts with lenders. “There may be many options available and it can be confusing to homeowners. That’s why we offer our free educational seminars, so that we can answer many of their questions,” he added.

For more information about the upcoming seminars, or to learn more about the ways in which Crary Buchanan can help with your particular situation, call 772.287.2600.

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Crary Buchanan Supports 5th Annual Rudolph’s Reindeer Dash 5k

Mon, 09 Dec 2013 17:48:00 GMT

Crary Buchanan Supports 5th Annual Rudolph’s Reindeer Dash 5k

The Junior League of Martin County hosted the 5 ^th Annual Rudolph’s Reindeer Dash 5k this past Saturday, December 7, 2013. The Junior League of Martin County is an organization committed to supporting women and the development of local communities through the effective action and volunteer work. Proceeds from the Reindeer Dash 5k will be used to help develop the Junior League’s programs focused on at-risk teens and women and children.

Crary Buchanan is pleased to announce that in addition to being long-time supporters of the Junior League of Martin County, members of our legal team also ran in and helped organize the event. Congratulations to all who volunteered their time to support a great cause!

Crary Buchanan Celebrates Okeechobee County Courthouse

Fri, 06 Dec 2013 17:53:00 GMT

Crary Buchanan Celebrates Okeechobee County Courthouse

On Wednesday’s monthly luncheon of the Economic Council of Okeechobee, our very own Attorney Jennifer Williamson presented Okeechobee County Administrator Robbie L. Charter with a drawing of the historic Okeechobee Courthouse. The courthouse is featured on the 2013 Crary Buchanan candy jars, an annual holiday tradition that honors historic sites on the Treasure Coast.

Crary Buchanan Sponsors Pop Warner Super Bowl

Tue, 03 Dec 2013 17:55:00 GMT

Crary Buchanan Sponsors Pop Warner Super Bowl

Crary Buchanan is pleased to announce that the Jensen Beach Falcons Junior Midget team recently won the Southeast Region Championship, which covers Florida, Georgia, Alabama, and Mississippi. The team is going to the Pop Warner Super Bowl to represent the SE Region. They are playing to become National Champions.

Crary Buchanan is a sponsor of the football league and is contributing to the Super Bowl Fund as a sponsor. Our very own Elysse A. Elder – of counsel with the firm – is President of Jensen Beach Football and Cheer. Featured in the pictures is Attorney Elder and the Junior Midget team’s head coach James Cannata, as well as the team after they won the SE Region Championship this past Saturday.

Stuart Lawyer Donna DeMarchi Helps with Project LIFT Fundraiser

Mon, 25 Nov 2013 18:04:00 GMT

Stuart Lawyer Donna DeMarchi Helps with Project LIFT Fundraiser

Crary Buchanan’s very own Donna DeMarchi – a Stuart attorney with our firm’s personal injury and wrongful death legal team – is helping organize a fundraiser for Project LIFT. Project LIFT is a local nonprofit that works exclusively with at-risk teenage boys – many of whom have been through the juvenile justice system and/or have substance abuse issues. They teach these young men vocational skills and provide counseling in a very positive environment. They are relatively “new” and are already doing amazing things.

As a fundraiser, Project LIFT will be raffling off a 2000 Harley Fat Boy that was donated by Victory Auto Store. It is in fantastic condition, with only 17,000 miles and lots of chrome! They are only selling 200 tickets at $100 a ticket.

For tickets, contact Mat Churchey @ 772-215-7192 or at matchurchey@yahoo.com

Winning ticket will be drawn 12/24/13 at 12:00 noon. Featured in the picture is Donna DeMarchi on the bike to be raffled.

Crary Buchanan Sponsors Gala To Support Martin Health Medical Center

Mon, 25 Nov 2013 18:00:00 GMT

Crary Buchanan Sponsors Gala To Support Martin Health Medical Center

Crary Buchanan is pleased to announce yet another successful fundraiser in the community. Our firm was an event sponsor for the 2013 Chrysanthemum Ball. This year marks the 19 ^th year for the gala, which throughout the years has raised millions of dollars for critical hospital projects and cutting edge technologies on the Treasure Cost.

This year’s gala, “A Royal Gathering,” benefited Martin Health System’s flagship hospital, Martin Health Medical Center in Stuart. Featured in the picture are Larry and Judy Crary with Rob Lord at the 2013 Chrysanthemum Ball sponsor party held at the Floridian.

Crary Buchanan’s Stuart Attorneys Volunteer for Tykes and Teens Festival of Trees

Thu, 21 Nov 2013 18:10:00 GMT

Crary Buchanan’s Stuart Attorneys Volunteer for Tykes and Teens Festival of Trees

Attorneys Donna DeMarchi, Jennifer Williamson , and Linda Weiksnar were invited to be judges for the 6 ^th Annual Tykes and Teens Festival of Trees. The fundraiser runs from November 20-24 and benefits mental health programs and services for children and teens on the Treasure Coast. Festivities are held at the Court House Cultural Center in Stuart. This year, 43-holiday trees and wreaths designed and donated by local residents, businesses, and organizations will be auctioned and raffled off. One hundred percent of proceeds go toward funding patient services.

You can learn more about the annual fundraiser and schedule of events on the Tykes and Teens website.

Stuart Attorney Deborah Sanders to Speak at Cyber-Security Seminar

Tue, 19 Nov 2013 18:20:00 GMT

Stuart Attorney Deborah Sanders to Speak at Cyber-Security Seminar

This upcoming Friday – November 22, 2013 – our very own Stuart Attorney Deborah Sanders will be speaking at a Cyber-Security seminar at the Martin County Chamber of Commerce. Attorney Sanders and other speakers at the seminar will be providing valuable information and insight for helping local residents and businesses better understand how they can address cyber-security threats. The seminar is free and you can view the agenda here.

Deborah Sanders is an associate attorney with Crary Buchanan and concentrates her practice primarily on civil litigation in both state and federal court.

Linda Weiksnar Featured on Compass

Fri, 01 Nov 2013 18:30:00 GMT

Linda Weiksnar Featured on Compass

Crary Buchanan is pleased to announce that our very own Linda Weiksnar – a Stuart attorney with our family law division – is featured on the front page of today’s edition of Compass – a publication produced by The Stuart / Martin County Chamber of Commerce. Linda was photographed along with others at the Installation Gala held at Mariner Sands Country Club on October 5 ^th . The Stuart / Martin County Chamber of Commerce 2013 / 2014 Board of Directors was introduced at the Gala. Congratulations Linda!

Donna Crary, Jennifer Williamson Featured in Luminaries

Mon, 21 Oct 2013 18:35:00 GMT

Donna Crary, Jennifer Williamson Featured in Luminaries

Today’s issue of Luminaries features our firm’s very own Donna Crary and Attorney Jennifer Williamson. Donna was photographed with other event organizers at the Council on Aging of Martin County reception. The reception was held in honor of the committee planning the “Night at the Outrigger” fundraising gala. Donna is co-chair for the annual event, which will take place on February 8, 2014, at the Kane Center in Stuart.

Attorney Jennifer Williamson – who practices corporate business and real estate law at Crary Buchanan – was also photographed with others for the upcoming 2 ^nd Annual Kiwanis Challenge, a fundraising sporting clay tournament that will be held on November 9. All proceeds from the event go toward helping the Kiwanis Club of Stuart with the construction of a barrier-free playground for disabled children at Kiwanis Park. Crary Buchanan is among the sponsors for the event. We congratulate Donna and Jennifer on their commitment to our community.

Puerto Rico Investment Losses

Mon, 14 Oct 2013 18:45:00 GMT

Puerto Rico Investment Losses

Have you invested in Puerto Rican municipal debt obligations or bond funds? Puerto Rican bonds are popular for their yield and their tax-exempt status. But, Puerto Rico has had financial troubles for years and is nearly insolvent. This makes these fixed-income investments very risky. Several of bond funds have reportedly lost more half their value, despite being marketed to clients as “safe” and “low-risk” investments.

Massachusetts has initiated an investigation into the impact of Puerto Rican debt on Massachusett’s mutual fund investors. Massachusetts is looking into whether investors were made aware of the risks when firms that marketed and sold the funds became aware of the risks associated with Puerto Rican debt. Massachusetts regulators have sent demands for information to Fidelity Investments, Oppenheimer Funds Inc., and UBS Financial Services.

According to a recent New Times articles, UBS has been an active seller of Puerto Rico debt offerings to its clients. UBS’s Puerto Rico clients “had been piled into highly leveraged bond funds run by UBS” and were “encouraged by its brokers to borrow even more money to invest in those funds. In some cases, money was lent improperly, exacerbating current losses.” Some of the UBS Puerto Rico funds in which investors have seen their holdings dramatically fall in value include:

If you have invested in UBS’s proprietary closed-end funds holding Puerto Rican debt and have lost money, call a Florida securities arbitration lawyer Crary Buchanan for a free consultation regarding your legal rights.

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Morgan Stanley Faces Regulatory Enforcement Action

Wed, 09 Oct 2013 18:51:00 GMT

Morgan Stanley Faces Regulatory Enforcement Action

Did you get a fair price on the purchase or sale of your bonds? FINRA recently fined Morgan Stanley $1 million and ordered $188,000 in restitution plus interest for (1) failing to provide the best execution in certain customer transactions involving corporate and agency bonds, and (2) failing to provide a fair and reasonable price in certain customer transactions involving municipal bonds.

FINRA found that Morgan Stanley failed to use reasonable diligence to ensure that the purchase or sale price to the customer was as favorable as possible under current market conditions in 116 customer transactions involving corporate and agency bonds. Additionally, in 165 transactions involving municipal bonds, Morgan Stanley failed to purchase or sell bonds at prices reasonably related to the fair market value of the subject security.

Thomas Gira, Executive Vice President, FINRA Market Regulation, said, “Firms must ensure that customers who buy and sell securities – including corporate, agency, and municipal bonds – receive execution prices that are consistent with prices available in the marketplace. FINRA will continue to sanction firms that execute fixed income transactions for their customers at unfair prices, and will require firms that violate such standards to reimburse customers.”

If you have concerns about the price paid or received for the bonds in your account, call a Florida securities arbitration lawyer from Crary Buchanan for a consultation regarding your investor rights.

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Attorneys from Crary Buchanan Attend Business Appreciation Awards Luncheon

Mon, 30 Sep 2013 18:54:00 GMT

Attorneys from Crary Buchanan Attend Business Appreciation Awards Luncheon

Stuart Attorneys from Crary Buchanan recently attended the Martin County Businesses Development Board’s Business Appreciation Awards Luncheon on September 20. Our firm was nominated for a Character Counts Award in the Business category. Character Counts is an award and recognition program organized by Florida Community Bank and United Way of Martin County. Local businesses that demonstrate leadership and commitment to good character and ethical conduct in their professional culture, business climate, and business relationships receive nominations.

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Investor Alert on Private Placement Offerings

Fri, 27 Sep 2013 18:56:00 GMT

Investor Alert on Private Placement Offerings

Private placements – or offerings of a company’s securities not registered with the Securities and Exchange Commission (SEC) and not offered to the public – allow companies to raise billions of dollars each year. By selling private placements, companies – particularly small and startup businesses – profit from non-public offerings that are exempt from federal securities laws.

A risky, long-term investment, private placements have also come under scrutiny for recent fraud and sales practice abuses. As stated by the Financial Industry Regulatory Authority, INC. (FINRA) – the nation’s largest independent regulator of securities firms for investor protection – several firms and individuals throughout the country have been sanctioned for supplying investors with inaccurate or misleading private placement memoranda and sales materials , for omissions of information needed to make informed investment decisions, and for failing to adequately advise customers about the suitability of private placement investments.

In light of these reports of fraud and sales abuse, investors are being warned to be cautious about private placements, especially those with limited financial reporting and limited information about issuers and management. For both accredited and non-credited investors alike, private placements offerings can be dangerous.

For more information about the investor alert on private placement offerings, you can view the FINRA’s webpage or contact a Stuart securities arbitration lawyer from Crary Buchanan. Allow our legal team to review your case and inform you of your available options. We handle a wide range of investor claims and cases involving investment losses.

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Crary Buchanan Sponsors Second Annual Kiwanis Challenge Clay Shoot

Wed, 25 Sep 2013 18:57:00 GMT

Crary Buchanan is proud to announce that our firm will be sponsoring the 2 ^nd Annual Sporting Clay Extravaganza Kiwanis Challenge. Held by the Kiwanis Club of Stuart, the event will take place on Saturday, November 9 at the South Florida Shooting Club located at 500 S.W. Long Drive, Palm City.

All proceeds from the Challenge will go toward expanding the Kiwanis Park in downtown Stuart to better accommodate children with disabilities. Entry fees begin at $200 per person.

Our very own Jennifer L. Williamson – a Stuart attorney with our corporate business and real estate law division – helped organize the Challenge last year and will do so again this year. View the flyer for the Kiwanis Challenge.

Attorney Jennifer L. Williamson Honored by Kiwanis Club of Stuart

Thu, 19 Sep 2013 19:04:00 GMT

Crary Buchanan’s Jennifer L. Williamson – a Stuart attorney who practices in the areas of corporate business law and real estate law – was recently honored by the Kiwanis Club of Stuart earlier this week. Attorney Williamson was recognized along with three other event organizers as the “Terrific Trio” for their service with the Kiwanis Sporting Clay Challenge last year.

The Kiwanis Sporting Clay Challenge is an annual fundraiser that raises money to enhance the Kiwanis Park playground to better accommodate disabled children. In recognition of Attorney Williamson’s help, she was presented with an honorary brick in Kiwanis Park in downtown Stuart. In the featured photo, Attorney Williamson is pictured holding a framed mini replica of the brick with Suzy Hutcheson, President of the Kiwanis Club of Stuart.

Attorney Williamson will be helping with the event again this year. The challenge will be held on Saturday, November 9, 2013, at Kiwanis Park.

Unsuitable Investments in Non-Traditional Exchange-Traded Funds

Thu, 19 Sep 2013 19:03:00 GMT

Morgan Stanley & Co., LLC has agreed to pay $100,000 to the New Jersey Bureau of Securities, following an investigation that found the investment firm violated state securities laws and regulations in its sale of non-traditional Exchange-Traded Funds (ETFs) to investors. ETFs have registered unit investment trusts whose shares represent an interest in a portfolio of securities that track an underlying benchmark or index. Non-traditional ETFs reset daily and are intended to achieve their stated objectives only on a daily basis. When held longer, the funds can generate returns that differ significantly from the performance of the underlying benchmark or index.

According to the investigation, Morgan Stanley violated New Jersey’s Uniform Securities Act by (1) failing to provide adequate training to its financial advisers about non-traditional ETFs; (2) failing to implement a reasonable system for supervision of the sale of non-traditional ETFs; and (3) allowing its financial advisers to solicit unsuitable investors to purchase non-traditional ETFs.

Of significant concern to the New Jersey Bureau’s investigation was that some of Morgan Stanley’s investment advisers recommended non-traditional ETFs to elderly investors with conservative risk tolerance and whose primary investment objective was that of income. In many cases, their ETF transactions resulted in significant losses. “When investors are not told all material facts about financial investment opportunities, they often suffer losses they might otherwise have avoided. This case clearly illustrates this point and underscores how our Bureau of Securities works to protect investors when our regulations are not followed,” said Acting Attorney General John J. Hoffman in a statement.

“Investors depend upon their investment advisers to offer them securities that are appropriate for their level of risk tolerance, and with full disclosure of all relevant terms. In this matter, we found that Morgan Stanley’s staff lacked proper training about non-traditional ETFs and that the company failed to adequately supervise its personnel handling ETF transactions, to the detriment of investors,” said Abbe R. Tiger, Chief of the New Jersey Bureau of Securities.

If you’ve lost money with Morgan Stanley through unsuitable investments in non-traditional exchange-traded funds, please contact Crary Buchanan for a free consultation regarding your rights and potential claims.

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Protecting Our Constitutional Rights

Wed, 11 Sep 2013 19:06:00 GMT

Authored By: Linda Weiksnar

I was talking to a group of 8 ^th graders about the Bill of Rights; we were discussing which of their rights they would be willing to give up. One of them, a girl I knew to already have more than a passing acquaintance with the back seat of a police cruiser, asked me about the “right to counsel.” After discussing it for a few minutes, she looked around at her friends and commented wisely, “That seems like an important one to keep.” That moment crystallized the importance of Constitution Day – September 17 – commemorating the day on which our Constitution was adopted in 1787.

Our Constitution is the framework for the oldest working democratic form of government and has been the model for almost every other democratic constitution in existence today. It is a remarkable document which not only lays out how our government is to be set up but provides its citizens with inalienable rights, and which has lasted –with astonishingly few revisions—for over 225 years.

Each year, members of our legal community talk with students about the Constitution in the days surrounding September 17 – logistically, it’s tough to get to all the schools on one day. Each year, I am delighted to have one or two students who already know something about the Constitution – whether they’ve learned from Schoolhouse Rocks! or the wonderful PBS series (you should check it out) or their parents or teachers. Yet each year, I have a handful of students at the other end of the spectrum – the first they have heard of the Constitution is when the teacher says “We have a speaker this morning on the Constitution.” They don’t know about the Bill of Rights, their rights, guaranteed to them by the blood of their forefathers, protected for them by the sacrifice of their immediate family members. And if they don’t know about their rights, how will they know the importance of protecting them, each and every day?

Protecting our Constitutional Rights for your children, and their children, and so on. That’s why Constitution Day matters.

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Be Careful Who You Text: You May Be Held Responsible for Causing Car Accidents

Mon, 09 Sep 2013 19:13:00 GMT

Texting while driving is considered one of the most dangerous epidemics on American roadways, even compared to drunk driving. By commanding the visual, cognitive, and manual attention of a driver, texting can create a crash risk nearly 23 times worse than not texting or using a cell phone, according to statistics published by the National Highway Traffic Safety Administration (NHTSA). With the risks of texting behind the wheel so well known, many states throughout the U.S. have passed laws banning the act. Florida’s texting ban – as a secondary law – will take effect on the first of October.

Although many Americans are aware that drivers can be held accountable for placing others in danger by texting, a recent decision reached by a New Jersey court is beginning to question whether other individuals – specifically the people who send text messages to drivers – can also be held accountable when distracted drivers cause auto accidents .

The New Jersey case stems from an incident in September of 2009 in which an 18-year-old man was texting his 17-year-old girlfriend while driving his pickup truck. While sending a text message, the young man veered into oncoming traffic and struck a man and his wife riding a motorcycle. Both the man and his wife suffered serious injuries and eventually lost their legs.

In court, the victims sued not only the distracted driver but also his girlfriend. According to their claim, she was responsible for their damages because she played a role in distracting the driver. While they eventually settled with the driver, they lost the case with his girlfriend; that is until they appealed.

By arguing that the teen girl was “electronically in the car” with the driver at the time of the accident, the victims’ attorney claimed that, just as with someone who was sitting next to him and willfully causing a distraction, she should be held accountable. As a result of this argument, three appeals court judges agreed with the victims’ claim. They ruled that senders of text messages who know that the recipient is driving and texting can be held responsible for distraction and any accident and damages that result. In this particular case, however, the judges did not hold the teen girl accountable, as she was unaware as to whether the recipient was behind the wheel or not.

While the girl was not held accountable in this case, the court’s decision does set a standard that may hold future texters responsible for sending messages to people they know are behind the wheel. For the question of whether or not you can be held liable for sending a text message to a distracted driver, the answer may very well be, “possibly” – at least in New Jersey. Only time will tell how these types of situations are handled in other jurisdictions.

For more information about distracted driving, liability, or the rights of injured auto accident victims, contact a Stuart personal injury lawyer from Crary Buchanan.

Be Careful Who You Text: You May Be Held Responsible for Causing a Car Accident

For more information about distracted driving, liability, or the rights of injured auto accident victims, contact a Stuart personal injury lawyer from Crary Buchanan.

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Crary Buchanan 4th Annual Blood Drive a Success!

Mon, 09 Sep 2013 19:10:00 GMT

The attorneys and staff of Crary Buchanan thank all those who donated this past weekend at the We Remember 9-11 blood drive. Our fourth year was another success, honoring those who died on 9-11, saving more than 450 lives, and helping injured veterans. On Wednesday, please stop what you are doing at 8:46 a.m. to remember the victims of the 9-11 attacks.

Crary Buchanan’s 9-11 WE REMEMBER Blood Drive Friday & Saturday

Fri, 06 Sep 2013 19:17:00 GMT

It was not yet noon, but blood donors were already lined up at the Crary Buchanan WE REMEMBER 9-11 blood drive. Local residents Pati Hall and Jo Cooper arrived early to give the gift of life.

The fourth annual Crary Buchanan blood drive honors those who died on 9-11, saves lives on the Treasure Coast, and helps injured veterans receiving treatment at their hospital in West Palm Beach.

The drive continues today, Friday, until 6 p.m. and on Saturday from 9 a.m. to 4 p.m. at the Crary Buchanan law office in Stuart, 759 S. Federal Highway.

Crary Buchanan Named Finalist for Character Counts Award

Wed, 04 Sep 2013 19:19:00 GMT

Crary Buchanan is pleased to announce that our firm was recently selected as one of three finalists for the Martin County Character Counts in Business award. Character Counts is a unique program that first took roots to promote social values and personal character among all age groups and community sectors. The United Way of Martin County program officially began in the fall of 1996 and continues today to build on the framework of the Six Pillars of Character – Trustworthiness, Respect, Responsibility, Fairness, Caring, and Citizenship.

Winners of the Business of Character Award are local businesses whose leadership promotes and inspires in its professional culture, business climate, and business relationships and commitment to good character and work ethic. The award will be given at the Business Development Board Lunch on September 20.

Attorney James Bowdish Recognized by Kiwanis Club of Stuart for 40 Years of Service

Tue, 03 Sep 2013 19:21:00 GMT

In honor of his 40 years of service to the local and legal communities, the Kiwanis Club of Stuart, Florida has recently recognized our very own James Bowdish for his continual commitment to local residents. A member of the Stuart Kiwanis Club since 1973, Attorney Bowdish has displayed the same dedication and passion to Kiwanis as he has to provide exceptional legal representation to our clients. Attorney Bowdish is a senior member of Crary Buchanan and is also Chief of Litigation at the firm. He practices primarily in civil litigation in state and federal courts and handles matters relating to business litigation, corporate disputes and dissolutions, probate and trust litigation, and real estate litigation, among others.

Throughout his 40 years with the Kiwanis Club of Stuart, Jim has managed to always find time to volunteer for all Kiwanis projects. He is best known for being the Kiwanis resident Santa and has had hundreds of underprivileged children sit on his lap as they tell him their wishes for Christmas. He is also a former board member and has participated in the Kiwanis Pancake Breakfasts, various presentations, and the Inaugural Kiwanis Liberty Coach Shoot to help expand Kiwanis Park and provide for children with disabilities. He has also been awarded the coveted Hixson Medal for outstanding service.

Our firm joins the Kiwanis Club of Stuart in congratulating Attorney Bowdish for his legacy of helping the community and are proud to have such a selfless, committed member of the community on our legal team.

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Crary Buchanan to Host 9-11 Memorial Blood Drive

Mon, 02 Sep 2013 19:22:00 GMT

In early September, Crary Buchanan will be hosting our 9-11 Memorial Blood Drive. Set your calendars for the community event that will be taking place on Friday, September 6 ^th from noon to 6:00 p.m. and Saturday, September 7 ^th from 10:00 a.m. to 4:00 p.m. As always, the drive will be held at our firm’s office in Stuart and everyone is welcome to participate.

The event is one of the several types of blood drives our firm hosts throughout the year. This past Father’s Day, we hosted our second annual Father’s Day Blood Drive. The drive, which was held at our Port St. Lucie office in collaboration with non-profit Florida organization OneBlood, had a successful turnout that united our local community members in a positive, worthwhile endeavor. Donating blood is essential to providing local hospitals and health care facilities with the resources they need to meet increasing demands. Our Stuart attorneys and legal team are excited about the upcoming 9-11 Memorial Blood Drive and encourage anyone with questions about the event to contact our firm .

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Attorney Donna DeMarchi Volunteers at Leukemia and Lymphoma Society Benefit

Mon, 26 Aug 2013 19:24:00 GMT

On August 17, our very own Donna DeMarchi – a Stuart personal injury lawyer with Crary Buchanan – volunteered for the Leukemia and Lymphoma Society’s Hot Caribbean Night event held at the Mansion at Tuckahoe. All proceeds from the Wine Tasting and Silent Auction will go to benefit the Leukemia and Lymphoma Society of Martin and Palm Beach Counties and their efforts to support families affected by blood borne cancers. The LLS is a non-profit organization that aims to raise community awareness and help cure leukemia, lymphoma, myeloma, and Hodgkin’s disease.

In the featured photo, Attorney DeMarchi appears with other event organizers who helped plan the event: Lesleigh Howard-Zeno; Gidget Carr; Nicole Tamkins-Findlan; Donna Ernest DeMarchi.

Crary Buchanan Sponsors Martin County Friends of NRA Event

Thu, 22 Aug 2013 19:26:00 GMT

Crary Buchanan would like to announce our recent sponsorship of the Martin County Friends of NRA and their 8 ^th Annual Dinner & Auction. 100% of net proceeds from the event will be used to support public shooting programs, range development, and youth shooting sports. This year, the Annual Dinner & Auction will feature Brian “Gunny” Zins of Cabot Gun Company and Top Shot. You can visit their FaceBook page for the latest banquet updates. Tickets are still available; information is below:

Martin County Friends of NRA 8 ^th Annual Dinner & Auction
Thursday, 10/10/13
St. Mary’s Pittenger Center

Drive Smart, Drive Safe – Texting While Driving in Florida

Wed, 21 Aug 2013 19:28:00 GMT

With a texting ban set to take effect on October 1, 2013, Florida has become one of the few remaining states without a texting law to prohibit the dangerous act. Although many local residents question why such a law wasn’t passed long ago, it is still better late than never – given the fact that texting while driving has become an epidemic on American roadways. According to the National Highway Traffic Safety Administration (NHTSA), text messaging behind the wheel was responsible for more than 3,000 reported deaths and nearly 400,000 reported injuries in 2011 alone.

With such alarming statistics – and with many educational campaigns spreading awareness about the dangers of texting while driving – it has become common knowledge that texting behind the wheel is negligent and extremely dangerous. Unfortunately, far too many motorists continue to use their cell phones on the road, thereby placing others at serious risk of being involved in a traffic accident.

Apps to Help Stop Text Messaging on the Road

Knowing the ever-present urge drivers in the 21 ^st have to remain engaged on their phones, developers in the tech industry have latched on to creating applications that help prevent texting while driving. These apps are also supported by cellphone providers, many of whom have banded together as part of the “It Can Wait” campaign. A few of these apps deliver features that include:

From safety apps that prevent texting while driving to hands-free devices that translate voice commands into text, cell phone providers and the tech industry are doing their part to reduce the overwhelming dangers texting creates on public roadways. Many of these apps handle the task of preventing texting while driving differently and may not be available on all cell phones.

If you would like more information about texting while driving accidents – or if you wish to discuss your auto accident case with an attorney from our firm – contact a Stuart personal injury lawyer from Crary Buchanan. You can also learn more about these apps here.

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Bankruptcy Meeting of Creditors: What to Bring & Expect

Tue, 20 Aug 2013 19:32:00 GMT

Bankruptcy Meeting of Creditors: What to Bring & Expect

WHEN WILL MY HEARING BE SCHEDULED?

The Bankruptcy Code requires that all debtors participate in a Meeting of Creditors “within a reasonable time” after your case is filed. While “a reasonable time” is no longer defined by the Code, most of our clients have their Meeting of Creditors within 30-40 days from when their Petition is filed. Debtors are typically given sufficient notice to plan for this hearing, so you will have plenty of time to make child care arrangements, get approval for time off of work, find transportation, and make other plans.

CAN I CHANGE MY HEARING DATE?

Unfortunately, we cannot request that your hearing take place on a specific date or that your hearing won’t be held on a certain date, so you should make immediate plans to attend once you receive the Notice from the Court. We also cannot ask that the hearing be continued to another date except in very rare circumstances. These exceptions would be for situations like surgery/hospitalization that cannot be changed, military deployment, and traveling for work. If you have such a conflict, please call the office and we will see if we can have the date changed.

WHERE WILL THE HEARING TAKE PLACE?

All Creditors’ Meetings for bankruptcy cases filed in the West Palm Division of the Southern District of Florida are held at the same place: 1515 N Flagler Dr., Room 870, West Palm Beach 33401. If you get lost on your way to the hearing and FOR DIRECTIONS ONLY, you can call the Main number at (561) 514-4100. Their hours of operation are 8:30a-4:00p. All other questions should be directed to your attorney as the clerks are prohibited from giving legal advice.

WHERE DO I PARK?

Parking is free (but valet only) and the garage is attached to the building. You will need to leave your cell phone in your vehicle, as they are not allowed in any hearing rooms.

WHAT DO I NEED TO BRING?

The bankruptcy Trustee cannot hold the Meeting of Creditors without verification of your identity. The instructions from the court on the back of the §341 Notice of Meeting of Creditors state The debtor (both spouses in a joint case) must be present with required original government−issued photo identification and proof of the social security number (or, if applicable, Tax ID) at the meeting to be questioned under oath by the trustee and by creditors. Copies will NOT be accepted, and you will have to reappear at the continued hearing if you do not have the required identification.

YOU MUST BRING ANY DOCUMENTS WE ASKED YOU TO BRING AND:

*Not all Trustees accept all forms of Social Security Number verification. Be sure to read any documents from your Trustee as it may outline what specific proof s/he will allow.

RECOMMENDED:

PROHIBITED ITEMS:

CAN I BRING ANYONE WITH ME?

Yes, you can bring your spouse, partner, parent, or another person of support. However, as seating is limited we recommend that you arrive early and only bring one other party with you. Please note that ALL adult visitors (even if they’re not filing for bankruptcy) must have approved photo identification to enter any federal courthouse.

WHAT ABOUT SECURITY SCREENINGS?

“Near the building entrance, or in Federal Buildings with multiple tenants near the entrance to the courtrooms, you will pass through a screening station. This station is staffed by Court Security Officers (CSOs). You can expect the CSOs to check the contents of your purse or briefcase by passing them through an X-ray machine. You can also expect to be required to walk through some form of metal detection equipment, [which means you’ll have to remove your keys, belt and any other metal on your person]. Should you have prohibited items on your person or in the items you brought with you, they will be identified in this screening process.” (Source: https://www.usmarshals.gov/judicial/visit_courthouse.htm on 7/19/13.) You may also be asked to remove your jacket and shoes, and place them on the conveyor belt.

WHAT CAN I EXPECT DURING THE HEARING?

You should plan to arrive 30 minutes early to ensure traffic and other delays do not cause you to miss your hearing. You will meet with the attorney for approximately 15 minutes prior to your hearing time, and you should expect to be there for approximately 2 hours.

Before you speak on the official Court record, you will be sworn in, and your testimony is subject to the elements of perjury.

While the hearing is called the ‘§341 Meeting of Creditors,’ creditors are not required to attend, so most of them do not. Typically the creditors that are present at the hearing are mortgage and auto loan lenders who have a lien against your personal or real property. Any questions from creditors usually pertain to the location and condition of the collateral and whether or not their collateral is insured.

The Trustee, on the other hand, will mainly ask you questions for clarification and verification purposes. These are questions you already know the answer to so you don’t need to feel intimidated or nervous. Just answer all questions truthfully to the best of your knowledge, information, and belief.

If you have any additional questions about what to bring or expect during a meeting of creditors, or if you wish to discuss your case with an experienced Stuart bankruptcy lawyer , contact Crary Buchanan today.

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Rick and Donna Crary Featured in Luminaries

Mon, 19 Aug 2013 19:33:00 GMT

Rick and Donna Crary Featured in Luminaries

Stuart attorney Rick Crary and his wife Donna are featured in today’s issue of Luminaries. Rick and Donna were photographed at the 12 ^th annual Goombay Bash, a fundraising event that raised $180,000 for The Martin Health Foundation LifeSavers. Created in 1983, Martin Health Foundation is a philanthropic, non-profit organization that has raised more than $97 million for life-saving care and health services in Florida. Lifesavers is a Martin Health Foundation organization that has been raising funds to improve the health and well-being of Treasure Coast families since 2002.

The Goombay Bash, now in its 12 ^th year, is a prominent driving force behind the organization’s ongoing efforts to improve our local community. The event features a Polynesian theme complete with a raffle. Proceeds are used to support mothers and babies born at Martin Medical Center, as well as pediatric care and rehabilitation. Specifically, funds are used to purchase new medical equipment, technology, renovations, and to fund special programs such as mother-baby home visit programs. Rick and Donna, as well as our entire team of Stuart lawyers , continually support LifeSavers in their efforts to improve our community’s overall health.

JPMorgan Under Federal Investigation for Mortgage Bond Sales

Fri, 09 Aug 2013 19:39:00 GMT

Amid the federal government’s renewed efforts to hold big banks accountable for their actions during the mortgage crisis, JPMorgan Chase & Co. recently announced that the bank is under federal criminal investigation relating to the sale of mortgage-backed securities – the same securities the U.S. Department of Justice have already determined violated civil laws. As many legal and financial experts have stated, the Justice Department’s consideration of criminal charges is unprecedented.

For many, though, holding banks criminally accountable for their role in the subprime mortgage crisis is wholly warranted. While a formal indictment is a possibility, some believe that conducting civil and criminal inquiries is a tactic that increases pressure for more widespread civil resolution. Earlier this week, the U.S. Department of Justice and the U.S. Securities and Exchange Commission filed a civil suit against Bank of America for misleading institutional investors by misrepresenting the quality of mortgages backing an $850 million bond. Investigations are focusing on mortgages originated by JPMorgan, rather than those assumed by the bank after the acquisition of Bear Stearns Cos. and Washington Mutual.

As probes continue, JPMorgan has received subpoenas for information about the bank’s loan origination, mortgage buying, and securitization of debts into bonds. Still, the future holds uncertainties as to whether criminal charges will ever manifest. This is due in part to concerns expressed by prosecutors and other experts that filing criminal allegations against a large bank can have a negative impact on national or global economies.

While there are a number of complex issues at stake, the fact remains that the U.S. government is taking decisive steps to hold banks accountable for their actions. Although the scale may be magnified, the government’s actions do help in highlighting the fact that consumers and investors who have been wronged by institutions, financial advisors, or securities firms have legal recourse available. At Crary Buchanan, our Stuart securities arbitration attorneys are prepared to protect our clients’ interests in these matters. For JPMorgan, however, only time will tell what particular actions the U.S. government will take and what impact these actions will have. Resolution may not be so cut and dry.

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JPMorgan Under Federal Investigation for Mortgage Bond Sales

Fri, 09 Aug 2013 19:34:00 GMT

For many, though, holding banks criminally accountable for their role in the subprime mortgage crisis is wholly warranted. While a formal indictment is a possibility, some believe that conducting civil and criminal inquiries is a tactic that increases pressure for a more widespread civil resolution. Earlier this week, the U.S. Department of Justice and the U.S. Securities and Exchange Commission filed a civil suit against Bank of America for misleading institutional investors by misrepresenting the quality of mortgages backing an $850 million bond. Investigations are focusing on mortgages originated by JPMorgan, rather than those assumed by the bank after the acquisition of Bear Stearns Cos. and Washington Mutual.

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U.S. Files Suit Against Bank of America Over Toxic Mortgage Securities

Thu, 08 Aug 2013 19:41:00 GMT

On Tuesday, the U.S. Department of Justice filed suit against Bank of America for investor fraud after the bank allegedly mislead investors about the quality of loans tied to $850 million in residential mortgage-backed securities. While B of A has been deeply embroiled in litigation since the financial crisis – particularly after the acquisition of Merrill Lynch the notorious subprime lender Countrywide – this civil suit pertains to mortgages the Department of Justice states were originated, securitized, and sold by the bank’s own mortgage operations. Rather than subprime loans, Bank of America’s current suit involves their representation of prime jumbo mortgages, which were loans valued at more than $417,000 for a single-unit residence.

Bank of America is now facing parallel lawsuits from the U.S. Department of Justice and the U.S. Securities and Exchange Commission (SEC) for making misleading statements and for failing to disclose information about mortgages backing a sale of securities to institutional investors in 2008. Although Bank of America intends to dispute these claims, the complaint also addresses evidence that nearly half of the securitized mortgages did not meet the bank’s underwriting standards.

According to the Department of Justice’s complaint, Bank of America staff knew of the poor quality of their mortgage-backed securities. In fact, the complaint refers to several e-mails showing that staff within the company knew the loans were not suitable for prime jumbo A-credit securitization. The Justice Department claims that B of A’s motive was simply to rid itself of mortgages for which they would sustain losses upon default.

As a result, the bank added risky wholesale mortgages and low documentation Alt-A loans to the pool. Alt-A is a rating between prime and subprime, usually indicating low documentation provided by borrowers, such as not documenting stated income – which many believe is quite a significant detail. The U.S. government is alleging, however, that Bank of American portrayed them as prime loans that were vetted by their staff, even including wholesale mortgages that were once referred to as “toxic waste” by the bank’s former CEO.

Additional claims by the Department of Justice allege failures to disclose information about self-employed borrowers, a focus on quantity over quality loans, and an overall failure of due diligence on mortgages used in the securitization. While these civil claims may aid in recovering losses experienced by institutional investors, many still raise questions as to whether criminal charges may ever come and what smaller investors can do about their losses. For more information about these ongoing cases, or to discuss your particular case with a Florida securities arbitration attorney , contact our firm today.

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Attorneys Rick Crary II and Donna DeMarchi Featured in Luminaries

Mon, 05 Aug 2013 19:42:00 GMT

Today’s issue of Luminaries will feature two Stuart attorneys from Crary Buchanan – Rick Crary II and Donna DeMarchi – for their involvement in two upcoming charity events. Luminaries is a weekly publication that provides a look into the non-profit and community development scene throughout Martin, St. Lucie, and Indian River Counties.

In this week’s issue, Attorney Rich Crary II was photographed with other event organizers as they prepare for the upcoming Charity Sporting Clay Shoot. The event – which is scheduled for September, 7 – will benefit the Visiting Nurse Association (VNA) of the Florida Foundation. Founded more than 20 years ago, the VNA has provided more than $1 million dollars in medical care and treatment to residents throughout 14 Florida counties, includes Martin County, St. Lucie County, and Okeechobee County.

Funds from the Charity Sporting Clay Shoot will be used to aid the foundation in covering the medical needs of local residents struggling financially, building wheelchair ramps in residential homes, providing equipment to disabled children at Stuart’s Challenger School in Stuart, and supporting the Florence Nightingale Express – a fully staffed mobile medical clinic that offers free services to homeless residents and families in need. Registration for the Clay Shoot will begin at 8:30 a.m. at Quail Creek Plantation in Okeechobee.

In addition to featuring Attorney Rick Crary II, the cover of this week’s Luminaries also features our very own Donna DeMarchi with other event organizers in charge of planning the 9 ^th Annual Hot Caribbean Night Wine Tasting and Celebrity Cook-Off. The event will be taking place on August 17 ^th at the Mansion at Tuckahoe at Indian Riverside Park and will benefit the Leukemia & Lymphoma Society (LLS) of Martin and Palm Beach Counties. The LLS is an organization that aims to raise community awareness and help cure leukemia, lymphoma, myeloma, and Hodgkin’s disease. Tickets are available for $40 per person in advance or $50 at the door.

Pick up today’s copy of Luminaries to learn more about the events and how our Stuart attorneys remain committed to giving back to the community that continually places their trust in our firm.

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Martin County North Little League Wins Florida State Title

Tue, 30 Jul 2013 19:44:00 GMT

Crary Buchanan would like to extend our earnest congratulations to the Martin County North Little League All-Stars for their recent championship victory! On Monday, the team became the new Florida State Little League Champions by beating Sarasota 7-1.

Our firm’s legal administrator, Jim Menendez , is the administrator of the team. His son is a pitcher and outfielder. Our Stuart lawyers congratulate all 13 players, their families, and their couches on this tremendous accomplishment. The team will now advance to the next stage of the Little League Tournament and will be traveling to Warren Robbins, GA to compete in the South Eastern Regional Little League Baseball Tournament.

They will be playing against teams from West Virginia, South Carolina, North Carolina, Virginia, Alabama, and Georgia in a double-elimination tournament. Games are set to begin on August 2 ^nd and will continue through the week to August 9 ^th . The winner will advance to Williamsport, PA to play in the Little League World Series. In celebration of the victory, the team and coaches will be at Palm City Hurricanes tonight at 6:00 p.m. A local TV news station will also be at the event for a live broadcast. All those who wish to show their support for the Florida State Little League Champions are invited to attend.

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Attorney Donna DeMarchi Volunteers at Local Library

Mon, 22 Jul 2013 19:46:00 GMT

This past weekend, Attorney Donna DeMarchi – a Stuart personal injury attorney at Crary Buchanan – participated in a volunteer event with the Junior League of Martin County at a local library. The Junior League of Martin County is a nonprofit organization comprised of women who are committed to promoting the benefits of volunteer work, developing the potential of women throughout the region, and improving the local community through advocacy, leadership, and voluntarism. Since becoming a member of the organization in 2004, Attorney DeMarchi has held a number of roles, including Community VP and Finance VP. She currently serves as President of the Junior League of Martin County.

During the event, Attorney DeMarchi and other members of the Junior League visited the Indiantown Library to read books about healthy living for local children. They also provided healthy snacks to young readers. The event was designed to educate young children about the importance of nutrition and healthy habits – points that can have a significant and lasting impact on our communities. In the legal realm, nutrition in schools has long been and continues to be, a heated topic for administrators, school districts, and policymakers throughout the country.

A selfless advocate for improving our local community and the lives of local residents, Attorney DeMarchi delivers the same advocacy to injured victims and their families during the personal injury and wrongful death claim process. More information about our personal injury legal team and services can be found on the personal injury section of our firm’s website.

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Supreme Court Ruling Require Higher Burden of Proof in Employment Discrimination Case

Fri, 19 Jul 2013 19:50:00 GMT

Earlier this week, the Supreme Court issued two decisions that significantly changed the face of employment law and effectively made it more difficult for employees to prove job discrimination. Although both decisions were pivotal, each came by way of a 5-4 majority, with four of the Supreme Court’s liberal judges commenting on the need to fix restrictive rulings. One case narrowed the legal definition of what a supervisor means in sexual and racial discrimination matters. Another resulted in steeper standards for proving illegal retaliation from employers.

The first Supreme Court decision came as the result of Vance v. Ball State University , a case involving an African American employee who had accused her supervisor of racially based harassment. As determined by the court, the person being accused of harassment was actually a co-worker, not a supervisor. In workplace discrimination cases, the distinction between a co-worker and a supervisor is crucial, as courts require a higher burden of proof for the employer to be held liable for workers’ conduct.

The decision reached by the court rejected the Equal Employment Opportunity Commission’s definition of the supervisor as a person who takes “tangible employment actions” or who directs the employee’s daily work activities. Instead of this definition, the court ruled that a supervisor is not someone who simply oversees another employee’s daily work duties, but rather someone authorized to take enact “tangible employment actions” such as promoting, demoting, hiring, firing, or reassigning employees to different responsibilities. The court further ruled that current definitions were vague and ambiguous and that simply directing another employee’s tasks does not constitute a supervisor.

Under the former definition of supervisor, courts required a lower burden of proof to hold employers liable for sexual and racial harassment. Now that the definition has been tightened to exclude co-workers who oversee daily work activities, victims of workplace harassment will be held to the higher burden of proving that the employer did not take action to prevent or stop the harassment.

The second Supreme Court decision, University of Texas Southwestern Medical Center v. Nassar , involved a physician of Middle Eastern descent. According to the physician, he faced a hostile work environment from a hospital superior because of his religion and ethnicity. He also claimed that he experienced illegal employer retaliation when he was passed over for a promotion after he had complained of discrimination.

In the court’s ruling, judges tightened the legal standards employees need to prove when they claim that they experienced adverse employment actions and employer retaliation for informing employers about workplace discrimination. The court determined that retaliation cases should have tougher standards of proof than other discrimination cases, where employers can be held liable for retaliation if wrongful discrimination is a motivating factor for an adverse employment action. With the court’s ruling, workers must prove that retaliation was the determinative factor for a negative employment action.

At Crary Buchanan, our Stuart employment lawyers are dedicated to upholding the rights of all workers in a variety of employment law cases, regardless of their race, religion, or gender. While many believe that these two Supreme Court decisions are a step backward in a long battle for progress and equality, there is hope that these rulings will be challenged, especially since several Supreme Court Judges have expressed disapproval.

Regardless of the current trends and legal standards in place, workplace discrimination cases are often challenging and emotionally turbulent. As such, our legal team makes every effort to fully educate our clients about their rights, employment law, and the ways in which we can help them exceed the legal burdens of proof during their case. We believe that employers and others in the workplace should be held liable for their violations and inappropriate conduct, and we use more than 85 years of combined experience to fight on behalf of employees who wish to pursue legal action against their employers or co-workers. Learn more about the ways in which our firm can fight for you, obtain justice, and secure the compensation you rightfully deserve. Contact Crary Buchanan today.

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Attorney Linda Weiksnar to Serve as Director of Florida Association for Women Lawyers

Fri, 19 Jul 2013 19:47:00 GMT

Crary Buchanan is pleased to announce that Attorney Linda Weiksnar was recently sworn in as Director of the Florida Association for Women Lawyers (FAWL). Attorney Weiksnar is a highly regarded trial lawyer who works with our firm’s family law division. She is also the past President of the Martin County Bar Association.

Attorney Weiksnar was officially sworn in as Director of FAWL on Thursday, July 18 at our office in Stuart, Florida, Hon. Eliz Metzger presiding. Several prominent local judges were also in attendance. The event was sponsored by First Citizens Bank.

The Florida Association for Women Lawyers was founded in 1951 as an organization designed to propel female attorneys into roles of economic, social, and leadership power. Backed by more than 60 years, FAWL has proven instrumental in furthering a legislative agenda that benefits women and marginalized groups throughout the state in matters of civil rights, legal representation for the poor, and women’s issues, among others. Attorney Weiksnar’s position as Director is an honorable achievement and one that attests to her legal abilities, leadership experience, and continual advocacy for justice. Our firm is excited to see her accomplish great things with FAWL, just as she has done and continues to do for our clients in need of a passionate and proven Stuart family lawyer .

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Jim Menendez Featured in The Stuart News

Tue, 16 Jul 2013 19:51:00 GMT

Our firm’s very own Jim Menendez was featured in today’s edition of The Stuart News business section. Mr. Menendez’s recognition comes after his recent appointment to a three-year term on the Statewide Advertising and Solicitation Grievance Committee of the Florida Bar. The committee reviews complaints and determines whether disciplinary action should be taken against lawyers who violate professional conduct rules established by the Supreme Court of Florida.

Mr. Menendez is a firm administrator at Crary Buchanan and has a long history of being involved in various legal and community organizations. He has served as the President of the Palm Beach Chapter of the Association of Legal Administrators and is an Advisory Board Member with the Law Office Management Assistance Service for the Florida Bar. He has also held board and committee member positions with the Treasure Food Bank and United Way of Martin County.

Our firm is proud that Mr. Menendez has been featured in the recent publication for his efforts. His passion for improving our community and the local legal system is something shared by each attorney at our firm. From our Stuart personal injury attorneys to our bankruptcy lawyers and beyond, we collectively strive to help improve our clients’ legal journeys and personal lives. You can learn more about Mr. Menendez’s appointment to the committee here.

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Attorney Donna DeMarchi Attends United for Families’ Fundraiser

Mon, 15 Jul 2013 19:53:00 GMT

Donna E. DeMarchi, a Stuart personal injury attorney at Crary Buchanan, was recently featured in Stuart Magazine ‘s summer 2013 Issue for her charitable efforts with a recent fundraising event. The United for Families’ “Le Bal Masque,” is the organization’s signature fundraising event and was held at the Mariner Sands Country Club. This year, more than 150 guests were in attendance for a night of fun amid the mystical Black Forest of Germany. The event raised nearly $57,000 for the non-profit organization as they continue their Road to Success program. Attorney DeMarchi served on the event’s planning committee.

First created in 2002, United for Families is an organization that was formed with assistance from a number of local and statewide agencies, including the Children’s Home Society of Florida, Family Preservations Services of Florida, Exchange Club Castle, and New Horizons of the Treasure Cost. United for Families serves as a community-based care agency for the Department of Children and Families and provides foster care and related services throughout Florida. The organization is responsible for providing a range of services to abused or neglected children in Indian River, Martin, Okeechobee, and St. Lucie Counties.

The Road to Success program is designed to prepare young adults for life outside of the foster care system. Funds raised during the “Le Bal Masque” event will be used to support a number of services, including courses that cover independent living skills, financial planning and budgeting, and others. The Road to Success program has been pivotal in helping teens within the local foster care system graduate high school, attend college, and lead productive and responsible lives.

Attorney DeMarchi is a longtime advocate for community involvement – as is our entire firm. In addition to supporting United for Families, Attorney DeMarchi also works with numerous community organizations throughout the region. Among her many endeavors, she is the President of the Junior League of Martin County, a supporter of Exchange Club CASTLE, and is a recipient of the Kathryn A. Basile Community Service Award.

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Attorney Donna DeMarchi Works with Project LIFT, Kane Center

Mon, 15 Jul 2013 17:22:00 GMT

Crary Buchanan is pleased to announce that Attorney Donna E. DeMarchi volunteered this past Sunday with Project LIFT and helped them work the parking lot for the Stuart Boat Show. Project L.I.F.T. (Life Initiatives for Teens) is a nonprofit organization with a primary investment in the lives of “at-risk” youth. Developed by lifelong Treasure Coast resident Bob Zaccheo, Project LIFT helps address the critical need to help youth struggling with substance abuse, depression, anxiety, and family conflict.

By introducing skills that inspire youth to explore opportunities to be successful outside of delinquent behavior, Project LIFT challenges young people both physically and mentally while they interact with positive mentors.

In addition to her volunteer work with Project LIFT, Attorney DeMarchi also volunteered at the Kane Center – Council on Aging to help stuff the invitations to their Second Annual Night at the Outrigger Gala, which Crary Buchanan proudly sponsors.

Pictured are Mat Churchey – Project LIFT’s Operations and Community Investment Director, Attorney Donna DeMarchi, and her puppy Frank and Attorney DeMarchi at the Kane Center.

Donna Crary Preps for Council on Aging of Martin County Fundraiser

Mon, 08 Jul 2013 19:55:00 GMT

Donna Crary – Attorney Rick Crary’s Wife – was recently featured in Luminaries for her charitable efforts with the Council on Aging of Martin County. A co-chair for the council, Donna Crary was profiled and photographed as she helped prepare for an upcoming 2014 fundraiser.

Set for February 8 ^th , the fundraising gala – “A Night at the Outrigger” – will be held at the Kane Center in Stuart, the home city of one of Crary Buchanan’s office locations. The event will feature a night of casual, island-themed entertainment, shows, and dancing. Proceeds from the fundraiser will help provide The Council on Aging with resources and funds for the next year.

While the fun-filling tropical event is still some time away, Donna Crary and her fellow co-chairs have much work to do. Just as Crary Buchanan has been dedicated to giving back to the community and holding charitable events for local residents and organizations, each of our attorneys’ families are also dedicated to selfless community service. Experienced Stuart lawyers who care about clients and the local Floridians we serve, our legal team knows that true differences can be made when local residents in need of legal representation work with capable, caring, and compassionate people. Our legal team has dedicated out personal and professional lives to helping others, and we are positive that this genuine passion for service has been a prominent driving force behind our continual record of success. Learn more about the event, our firm’s ongoing community efforts, and the legal services we provide by contacting Crary Buchanan today.

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Florida’s New PIP (Personal Injury Protection) Law

Tue, 25 Jun 2013 20:13:00 GMT

Florida has a new PIP (Personal Injury Protection) law for all motor vehicle accidents occurring on or after Jan. 1, 2013. The new law is supposed to combat fraud in the delivery of medical care to people who have been injured in car and truck crashes.

To understand how the law impacts you, here’s a little history about Florida being a PIP state. In the early 1970s, many people in Florida were injured in car crashes and had no insurance to pay for their medical bills. The Florida legislature fixed this problem by making PIP mandatory for all cars and trucks registered in Florida.

If you were injured in a car or truck accident in Florida, your PIP insurance paid 80 percent of the first $10,000 of your medical bills, up to $10,000. You could see any doctor; the only restrictions were that the care had to be related to injuries from the crash and had to be reasonably priced and medically necessary. Once your PIP benefits were exhausted, you could sue the other driver if he or she caused the accident.

Over the years, insurance companies have fought to restrict your PIP benefits, arguing that the benefits were being abused by unscrupulous providers. The legislature refused to limit people’s benefits but did beef up laws to prevent fraud.

In 2012, Gov. Rick Scott persuaded the Florida legislature to pass comprehensive PIP reform. The new law places significant restrictions on your choices for medical care when you are injured in a car or truck accident.

Here’s a summary of the new law:

1. You must obtain initial services and care within 14 days after the motor vehicle accident.
2. Initial services and care are only reimbursable if lawfully provided, supervised, ordered, or prescribed by a licensed: physician; osteopathic physician; chiropractic physician; dentist; or in a hospital, a facility that is owned by a hospital, or a licensed emergency transportation and treatment provider.
3. Follow-up services and care require that a patient referral comes from one of those providers and be consistent with the underlying medical diagnosis rendered when the individual received initial services and care.
4. The bill applies two different coverage limits for PIP medical benefits, based upon the severity of the medical condition of the individual:

A. An individual may receive up to $10,000 in medical benefits for services and care if a physician, osteopathic physician, dentist, physician’s assistant, or advanced registered nurse practitioner has determined that the injured person had an “emergency medical condition.” An emergency medical condition is defined as “a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably be expected to result in serious jeopardy to patient health, serious impairment to bodily functions, or serious dysfunction of a body organ or part.”

B. An individual who is not diagnosed with an emergency medical condition has a PIP medical benefit limit is $2,500.

5. Massage and acupuncture are not reimbursable, regardless of the type of provider rendering such services.

There is little doubt that this new PIP law was written by the auto insurance industry and is intended to greatly restrict your access to medical care after an automobile or truck crash. Before the new law went into effect, if you needed care and treatment after an accident, it was a fairly simple matter of going to a doctor.

Now, you will find that it will be much more complicated to obtain medical care after a motor vehicle crash. PIP insurance companies will refuse to pay for care that does not precisely fit within the new PIP law. There are many traps and pitfalls in the new PIP law that will result in you not having the insurance coverage that you thought you purchased. When you run into problems with the new PIP law, call Crary-Buchanan.

At Crary Buchanan , we understand how the new PIP law works and encourage you to reach out to us if you need help in understanding how the new PIP law will affect you.

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Crary Buchanan’s Second Annual Father’s Day Blood Drive a Success

Mon, 17 Jun 2013 19:56:00 GMT

On Saturday June, 15 – Father’s Day – Crary Buchanan hosted its second annual Father’s Day blood drive at our firm’s Port St. Lucie office. Our Stuart lawyers are pleased to announce that the event was a success and would like to thank the many fathers, families, and local residents for participating.

The blood drive – coordinated by our very own Attorney Mike Crary – was a collaborative effort with Florida non-profit organization OneBlood. Fathers and community members were able to teach younger generations about the importance of donating more than time or money and the need for uniting our communities. Crary Buchanan was also able to give back to the community that continually places their trust in our firm during their times of need.

Donating two units of red cells via an advanced blood donation collection system known as ALYX, as longtime donor Attorney Mike Crary did on Saturday, helps meet the demands of an aging population and the new medical procedures being used by hospitals and health care facilities throughout the region.

Attorney Mike Crary and our entire firm are proud of the turnout at this year’s event and look forward to hosting our third annual Father’s Day blood drive next year.

Crary Buchanan to Hold Second Annual Father’s Day Blood Drive

Wed, 12 Jun 2013 19:58:00 GMT

Crary Buchanan will be holding its second annual Father’s Day blood drive at the firm’s Port St. Lucie office this weekend. From 10 a.m. to 4 p.m. on Saturday, June, 15, local community members, fathers, and father figures in St. Lucie County are invited to participate in the blood drive and use the opportunity to teach their children about the importance of giving and caring by donating blood in honor of the holiday.

Mike Crary – a father, local resident, and longtime donor who believes that the blood drive represents more than simply giving time or money back to the community – invites all residents throughout the region to join him and non-profit Florida organization OneBlood at his law office for the event. Crary Buchanan’s office is located at 1935 SE Port St. Lucie Blvd., just west of U.S. 1. For more information, please call 772-335-2600 .

Florida Bans Texting While Driving

Wed, 29 May 2013 20:01:00 GMT

It’s official. The State of Florida has banned texting-while-driving. On May 28, 2013, Governor Rick Scott signed a new law aimed at preventing distracted driving. The new law which takes effect immediately, allows a law enforcement officer to pull over a driver and issue a citation for texting-while-driving only if the driver has committed another infraction, like speeding, running a red light , a broken taillight, or expired tag. This is the same way the seat-belt law was introduced. It started out as a non-stoppable offense and had to be combined with a moving violation. Over time, the seat-belt law was changed and is now treated as a stand-alone moving violation.

Texting-while-driving has become a serious problem adding to distracted driving-related accidents. A study by The National Highway Traffic Safety Administration shows that each day in the United States, more than 9 people are killed and more than 1,060 people are injured in crashes that are reported to involve a distracted driver. A CDC study analyzed 2011 data on distracted driving, including talking, texting, and reading email behind the wheel and one of the study’s findings showed that 31% of U.S. drivers ages 18-64 reported that they had read or sent text messages or email messages while driving at least once within the 30 days before they were surveyed.

In the last several years, many states have passed laws prohibiting texting-while-driving. The federal government is also involved: Beginning in 2010, the Federal Motor Carrier Safety Administration enacted a ban that prohibits commercial vehicle drivers from texting while driving.

Laws banning texting-while-driving are controversial. Some studies show that these types of laws do not reduce the number of crashes when compared with states where texting-while-driving is still allowed. One explanation is that cell phone use is still permitted by a driver, just not texting. This has led many safety experts to argue in favor of a total ban on cell phone use by a driver. The National Safety Council supports a total ban.

For now, you can still talk on your cell phone while driving in Florida. Just no texting.

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Florida Law Shortens Yellow Lights, Resulting in Millions of Dollars in Red Light Fines

Tue, 28 May 2013 20:03:00 GMT

Florida Law Shortens Yellow Lights, Resulting in Millions of Dollars in Red Light Fines

A small change in Florida’s traffic light regulations now allows Florida cities to shorten yellow lights, resulting in millions of dollars in traffic fines. According to a Tampa news source, The Florida Department of Transportation (FDOT) changed the policy approximately two years ago when it reduced yellow light intervals below federal recommendations. After the adjustment, engineers began working with cities to shorten the length of yellow lights at specific intersections; primarily those with red light traffic cameras. The lights were only reduced by a fraction of a second, but studies show that even half of a second can double the number of citations at an intersection.

Last year, red-light violations generated more than $100 million in revenue across Florida communities. More than half of the money produced by the fines went back to the state. The remaining funds were divided between counties, cities, and camera companies. This year, researchers guestimate that the red light citations will collect $120 million in fines. An executive director of the National Motorists Association (a nonprofit organization), described red light cameras as a business. “Red light cameras are a for-profit business between cities and camera companies and the state,” he said.

“The [rule-change] was done, I believe, deliberately in order that more tickets would be given with yellows set deliberately too short,” the executive director continued. The National Motorist Association is a self-proclaimed advocate for American drivers. In the past, the association attempted to combat the 55mph speed limit and is currently campaigning against the red light traffic cameras. The association strongly believes that the cameras are used to target safe drivers who are victimized by the shortened lights. On the other hand, advocates of red light cameras claim that technology has effectively reduced serious accidents in intersections that are monitored by the devices.

How does FDOT calculate yellow lights?

Each yellow light interval is calculated by a formula. While drivers’ approach speed is the most important factor, other elements come into play as well. Reaction times, the size of the intersection, and roadway inclines affect the light’s length as well. In 2010, Florida passed the Mark Wandell Act, which allowed the state to regulate traffic cameras statewide. At the time, FDOT mandated that yellow light intervals should factor in the 85 ^th percentile of drivers’ speed on the roadway or the posted speed limit, whichever number was greater.

In 2011, the Florida legislature removed the “whichever is greater” element from the calculation, allowing the yellow light intervals to be based on whichever number was lesser. After the new rule, FDOT mandated lengthier yellow lights at some intersections and shorter yellow lights at others. Most of the shortened intervals were made at intersections with red light traffic cameras. According to FDOT, the yellow lights weren’t changed for financial purposes. In fact, FDOT claims that its portion of the earnings will go to the General Revenue Fund, the Spinal Cord Injury Trust Fund, and the Department of Health Administrative Trust Fund.

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Jennifer L. Williamson Attends the NRA Foundation’s National Firearms Law Seminar

Fri, 17 May 2013 20:07:00 GMT

For sixteen years, the NRA Foundation has provided a unique opportunity for attorneys to assemble and discuss legal issues related to firearms. The seminar is designed to help lawyers who represent firearm-related businesses and firearms owners. At the seminar, Attorney Williamson and her legal peers had the opportunity to learn about changes in firearms laws, federal restrictions, state firearms laws, and pending Second Amendment cases. The NRA Foundation held the seminar on May 3 ^rd , 2013.

Attorney Williamson attended the seminar with Preethi Sekharan, a Stuart attorney practicing in the areas of commercial and contract litigation, probate litigation, and intellectual property and trade secret disputes. Together, Attorneys Williamson and Sekharan serve on the Executive Committee of the Martin County Friends of NRA . The Martin County Friends of NRA Annual Banquet will be held on October 10, 2013, at the St. Mary’s Pittenger Center in Stuart. At the seminar, Attorneys Williamson and Sekharan met and spoke with Stephen P. Halbrook, Esq., a respected Second Amendment scholar and expert.

In the same weekend, Attorney Williamson attended the 2013 NRA Meetings & Exhibits in Houston at the George R. Brown Convention Center. The convention has met for 142 years. This year, the convention featured 400,000 square feet of displays and more than 550 exhibitors. The 2013 NRA Meetings & Exhibits featured celebrity appearances by Justin Martin and John Godwin (Duck Dynasty), product displays from every major firearm company in the U.S., gun collection exhibits, and educational seminars.

Below is a picture of Jennifer L. Williamson with John Godwin and Justin Martin from the television show “Duck Dynasty” at the NRA Convention on May 4 ^th :

Jennifer L. Williamson and Preethi Sekharan with Stephen Halbrook at the NRA Foundation 16 ^th Annual National Firearms Law Seminar on May 3 ^rd :

Jennifer L. Williamson and her husband, Rodney Carden, at the NRA Foundation Banquet in Houston, Texas on May 2 ^nd :

Crary Buchanan Support St. Joseph Catholic School in 3rd Annual Charger Runs

Thu, 16 May 2013 20:11:00 GMT

Members of the Crary Buchanan legal team participated in the 3 ^rd Annual Charger Run to support the St. Joseph Catholic School and Martin County House of Hope last week. The event took place on May 10 ^th , 2013. Melanie Howe and Christine Grant, legal assistants at the firm for Steve Beres and Rob Elder, participated in the race with Attorney Elysse A. Elder. Christine Howe took 3 ^rd place in her age division.

Runners brought non-perishable food items and a $30 participation fee to support St. Joseph Catholic School and the House of Hope food pantry. The race started at St. Joseph School in Stuart, Florida, and featured a 5-Kilometer run/walk and a Kid’s Dash. All proceeds from the race were divided between St. Joseph Catholic School and the House of Hope. Click here to learn more about St. Joseph Catholic School.

House of Hope is a nonprofit agency dedicated to providing clothing, furniture, financial assistance, and food to residents of Martin County who are in need. House of Hope helps single-parent households, senior citizens, veterans, the recently unemployed, and low-wage workers who struggle to meet their personal needs and the financial demands of their families. House of Hope runs three programs: a food pantry, clothes closet, and Project HOPE.

Project HOPE offers financial assistance to families who are unable to pay for rent, prescriptions, utilities, and other necessities. Many Project HOPE clients need more than one-time financial assistance, so the organization developed a network of social workers to provide long-term aid for families in Martin County with ongoing monetary needs. The project provides resources and training programs to help these families achieve financial independence and stability.

Pictured Below: Melanie Howe, Elysse A. Elder & Christine Grant at the 2013 Charger Run

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William F. ‘Rick’ Crary II searches Treasure Coast for Ponce de Leon in magazine article

Tue, 15 Jan 2013 20:19:00 GMT

Ponce de Leon came to Florida 500 years ago in search of the Fountain of Youth and landed in St. Augustine: True or False?

Maybe both, William F. “Rick” Crary II writes in an article titled “Treasure Coast Landing?” for the January-February issue of Indian River Magazine.

“I was hoping to find some type of Ponce de Leon connection to the Treasure Coast,” said Crary, a partner at The Crary Buchanan Law Firm in Stuart . “I was trying to find proof that he set foot in our region after he landed in St. Augustine.”

He found a 1913 article that disputed the textbook version of history. “It opened my eyes to the fact that there’s no clear proof where he landed,” Crary said. “A lot of early research has been dispute d by other historians. The first landing could have actually been here.”

When he started his research, Crary was also skeptical about the Fountain of Youth story. “But then I delved into contemporaneous accounts from the 1500s , ” he said. “and I came away believing that the legend is true; that was one of the things he was searching around for. It wasn’t necessarily a fountain, but a spring or a river.”

Where does the truth lie? The article offers tantalizing possibilities and is accompanied by a tracing of an obscure map thought to have been made around 1515 using information collected by Ponce de Leon. Cummer Museum of Art and Gardens in Jacksonville gave Crary permission to use its famous painting s by Thomas Moran to beautifully illustrate the article.

Crary is a regular contributor to Indian River Magazine. One of his most recent articles was about how Pelican Island in the Indian River Lagoon came to be America’s first national wildlife refuge. He has written about Henry Flagler’s impact on the Treasure Coast; Grover Cleveland’s “Stuart Love Affair”; the assassination of Charles T. McCarty; and how Martin County got its name.

Crary has a passion for writing articles on regional history. It’s also part of his life. His late grandfather, Evans Crary, Sr. Evans Crary, Sr. opened a law firm in Stuart in 1927, served in the Florida legislature for 18 years, and became Speaker of the House in 1945. A bridge connecting Stuart with Sewall’s Point was named for him.

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Attorney Mike Crary Secures $100,000 to Present to the Volunteers in Medicine Clinic

Wed, 12 Dec 2012 20:26:00 GMT

Attorneys at Crary Buchanan are not only committed to the practice of law in the Florida area, but we are also committed to the community as a whole. We strongly believe that giving back to the community is an essential role that we are each called to participate in, whether it is with our time or our resources, we have been blessed with so much and therefore we want to be able to help others. Recently, Attorney Mike Crary was able to present $100,000 on behalf of the Frances Langford Foundation to the Volunteers in Medicine (VIM) Clinic as a part of their January fundraising event. This decision was made after careful consideration along with Evans Crary, Jr. and Josh Turner, the Co-trustees of the Foundation, in order to present the gift to the VIM and be a “Patriot’s Dream Sponsor” for the 2013 fundraising event. Hosted at the Mariner Sands Country Club, VIM is throwing their annual fundraising event on January 26, 2013. The theme of the event is “America the Beautiful” as they celebrate life and the blessing of living in the country that we call home.

The VIM Clinic was founded in 1992 in South Carolina as a means of offering medical services to the community for individuals and families who were unable to afford it. It is an organization that is completely volunteer based, and the workers are mainly retired doctors, nurses and dentists who wanted to be able to continue their profession with a part time commitment. Attorney Mike Crary is a member of the Friends of Volunteers in Medicine (FVIM) on their board of directors serving as their sectary. He cares deeply about the people in the community and offers his services to help this organization manage their services. The FVIM is known as the fundraising arm of the volunteer clinic, as they do what is necessary to raise the funds to support and grow the VIM Clinic.

This year it is believed that the fundraiser will bring in over $500,000, the first time in the history of the 13 year organization. The Frances Langford Foundation is one of the three sponsors to donate the large sums of $100,000 to the clinic, and they are proud to play that role in order to help their community. Also, co-chairman of the FVIM, Joe Day, has put forward much time and effort into this annual fundraising gala, and as a result of his efforts the gala has sold out for the first year ever. In order to accommodate the many individuals who are still eager to participate in the fundraiser, they have established a waiting list.

The VIM Clinic is a medical outreach that was designed to help those in the area who are unable to afford medical services and with the help of charitable donators likes Mike Crary and others; the clinic is able to carry on with their wonderful efforts in the Florida area. To learn more about the Volunteers in Medicine Clinic, please click here: www.vimclinic.org

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Giving Back to the Community at the “Be a Hero” Blood Drive

Wed, 05 Dec 2012 20:29:00 GMT

At Crary Buchanan we are proud to share with our readers our involvement in the local “Be a Hero” blood drive hosted by the Van Duzer Foundation in the month of November. This blood drive took place at the Treasure Coast Mall on November 10 ^th as well as November 14 ^th in various locations in St. Lucie County. This year was the fourth annual “Be a Hero” blood drive, and one of our very own attorneys Mike Crary is a frequent donator to this unique cause. Mr. Crary states that he is proud to be connected with the cause along with the Seacoast Bank, as the foundation raises donations and collect life-saving blood for the community.

The Van Duzer Foundation was founded by Scott Van Duzer as a means of helping individuals and families that are in need, suffering with financial and personal illnesses caused by disease or tragic events. Just four years ago, Scott Van Duzer received word of two young boys in the St. Lucie County that were suffering with severe cases of cancer. One night, one of these boys was really ill and was admitted into the hospital. Unfortunately because of blood shortages, he was forced to experience 9 hours of suffering as he waited for the right blood to be transfused into his little body.

After hearing of this tragedy, Scott could not sit back and do nothing, letting those in his home continue to suffer because of a blood shortage. He quickly approached the board members of his foundation asking for their vote on starting an annual blood drive, to help people young and old who are suffering with severe illnesses and injuries. At the first blood drive 300 units of blood were donated, and since the foundation has been able to receive over 5,500 units of blood, saving over 15,000 lives in St. Lucie County.

As you can see, the Van Duzer Foundation is a worthy cause for our community, it is a way to bring together the people for a united purpose, to serve those whom we know and love that are in need. At Crary Buchanan we are committed to not only offering our legal services to our friends and family in Florida, but were are also dedicated to participating in local outreaches as we want the community to see how we care about the people, not the cases.

Participating in Treasure Coast activities allows us to interact and build relationships with the people, and hopefully in their time of need they will know an attorney who is trustworthy that they can turn to at our office. We hope that we can encourage others to give of their personal resources as well in pursuit of making our community and our home a better place. If you have any questions about our firm and our services feel free to contact us today .

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Crary Buchanan Included in the Martindale-Hubbell® 2013 Top Ranked Law Firm’s List

Tue, 04 Dec 2012 20:30:00 GMT

Typically, lawyers will evaluate their cohorts on their legal knowledge, their judgment in cases, and their ability to communicate persuasively in the court room. As well, they will evaluate attorneys based on their analytical capabilities and their legal experience in the court room. Because Crary Buchanan has been operating since 1927, there is no doubt that the lawyers at this firm have extensive experience. Crary Buchanan is a one-stop law firm that can tackle virtually any case. Whether you are working though a business case, a real estate issue or a personal injury case, an attorney at Crary Buchanan can probably help.

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Local Woman Attorneys Present Groundbreaking Documentary at Lyric Theatre

Mon, 03 Dec 2012 20:32:00 GMT

Female attorneys gathered to present to their community a free screening of a groundbreaking HBO documentary “Hot Coffee” in Treasure Coast, Florida on October 22, 2012. The Martin County Chapter of the Florida Association for Woman Lawyers (FAWL) presented this film in hope of exposing truths about the American civil justice system. FAWL is an association that unifies the woman attorneys of the state to educate and train them further in legal matters. This group also offers a networking to those in the state, and the membership is offered to any individuals who have been accredited by a law school and are in good terms with any state Bar.

Linda Weiksnar , an attorney from Crary Buchanan, Attorneys at Law, is one of FAWL Board Members who participated in the film screening. “Hot Coffee” is a documentary that aims to expose what really happened in a history lawsuit involving a woman who sued McDonald’s and received $3 million for spilling hot coffee on her lap. The purpose of this film is to show that despite the extensive media coverage, the world was never told the whole truth about the lawsuit, except for the fact that a woman walked away with millions for spilt coffee.

“Hot Coffee” attempts to go into further detail not only on the McDonald’s case, but the justice system over all, showing how much of the marketing and public relations campaigns are affecting the way the public views the court system. For example, what most people didn’t learn in the McDonald’s lawsuit was the fact that prior to the lawsuit; there had been over 700 incident reports of scalding injuries from the McDonalds cups of coffee. This information was never released to the public because it exposed the McDonalds companies’ indifference to the wellbeing of their consumers. It is for this very reason that the jury decided to award the victim such a substantial monetary amount, because of their absolute disregard for the people, not because of the split coffee itself.

Linda Weiksnar is quoted in a local paper about the documentary screening and she states that the very moral of the film is to not rush into a judgment. Many times what the public is fed about a civil case is not the entire story, and sadly at times it might be a down right lie to protect certain groups and organizations. This movie is an effort to show the world that there are always more facts to uncover, and hopefully in time “Hot Coffee” will reform the way the public views the “civil justice system and access to the courts.”

For more information about the documentary “Hot Coffee” please click on the following link to visit their website: https://www.hotcoffeethemovie.com.

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Private May Not Be Private When it Comes to Social Networking

Tue, 27 Nov 2012 20:33:00 GMT

Technology continues to change the legal landscape on a daily basis. The latest mode of attack is through unfettered access to litigants’ social networking sites. Regardless of what privacy settings you may think you have in place, the Courts are alarmingly allowing complete access to all of a litigant’s postings – postings by others – and especially communications that one may have considered to be private. Even though Facebook will protect your privacy and not disclose your information except in the most limited of circumstances, the courts are requiring full disclosure – and in a few cases even your password – if it is requested by the other side.

I find several problems with this approach – not least of which is that it presupposes that anything one posts on the internet is “true”. We all use the internet and social media tools for a variety of reasons; whether it be keeping in touch with grade school friends – marketing our business – or just curious voyeurism into others lives. While several post intimate details of their lives probably not appropriate for public transmission; others utilize the service to have almost an alternative identity and may not always post the truth – the whole truth – and nothing but the truth. For example, I have many Facebook friends that state their age as “29” though we clearly are not!

I also take issue with access to my clients’ information when they have availed themselves of the privacy settings that sites such as facebook or myspace offer. By utilizing these tools they are not submitting information to the world at large. I have had one judge tell me that if my client is putting information on the internet there is no expectation of privacy regardless of what privacy settings they may have in place.

The most important lesson to be learned is simple. If you do not want whatever you or others are posting about you displayed in a courtroom someday – do not post it. As an attorney I have successfully had the Courts limit any disclosure to the timeframe that is relevant to the case; but it is also my experience that each Judge handles these issues differently. Until there are appellate cases that address social networking disclosures; the best rule of thumb is if you are hesitant about who may see that photo or posting – just do not post it.

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Will we see a decrease in Florida’s PIP auto insurance premiums?

Tue, 13 Nov 2012 20:34:00 GMT

Recent changes in Florida’s Personal Injury Protection auto insurance system may result in decreased premiums paid by consumers, according to a report released by state regulators.

The report, prepared by Pinnacle Actuarial Resources Inc., calculated the percentage of savings that consumers may see under a new law that passed this spring. The company’s initial calculations were that consumers would see a 12 to 20 percent reduction in premiums, but the official report released in August of 2012 showed potential savings of 14 to 24.6 percent.

Insurers were required to file PIP rate reductions of at least 10 percent on October 1 and at least 25 percent by 2014, or face explaining to regulators why they did not reduce their rates. These rate reductions come as an exchange for benefit cuts, which were implemented in an attempt to cut down on $1 billion in auto insurance fraud.

This seems like good news to consumers across the state, who are required to purchase Personal Injury Protection (PIP) auto insurance to cover injuries caused in traffic accidents. This type of coverage has the effect of making Florida residents pay twice for medical insurance. They must have at least $10,000 in PIP coverage to legally drive in the state. A reduction in rates seems fair, particularly when benefits are being slashed in an attempt to stop fraudulent claims. Insurers and regulators alike, however, have cautioned that the savings may not be what they seem.

For most drivers, PIP auto insurance costs account for approximately one-fifth of their overall auto insurance bill. This means that even a full 25 percent reduction in PIP premiums would only result in a 5 percent decrease in the overall cost of insurance. The Florida Office of Insurance Regulation further warns that the savings outlined in the report may actually only limit future increases in PIP premiums, not necessarily reduce current PIP costs, stating, “This projected savings may actually mitigate premium increases, not reduce premiums.”

The executive director of a consumer advocacy group in the state is skeptical that consumers will see any benefits from the new legislation, predicting that consumers would be unlikely to see rate reductions but would still lose benefits.

Florida’s Chief Financial Officer, Jeff Atwater, had a different view of the matter, stating that the reforms, in tacking the auto insurance fraud problem that has plagued the state, would “give Florida’s consumers the rate relief they deserve.

Under the new PIP auto insurance system in Florida, benefits for massage and acupuncture have been eliminated entirely, and non-emergency benefits have been limited to $2,500. Drivers must still have $10,000 in PIP coverage and insurers must have filed 10 percent PIP reductions by October 1, 2012 and 25 percent PIP reductions in 2014 or make a case to regulators as to why not.

Auto insurance fraud is a serious problem in Florida and across the U.S. It can drive up premiums and should be stopped, but we need to make sure that regulators do not interfere with the right of auto accident victims to seek fair compensation if legitimately injured in serious accidents. These changes in the PIP auto insurance system may or may not result in a reduction in premiums for consumers, but one thing is for certain: Crary Buchanan will continue fighting for our clients’ rights to maximum compensation inside and outside of the courtroom.

If you or someone you know has been injured in a collision and you would like to discuss your options and possible right to addition al compensation, please contact our firm for a confidential case review.

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Rick “Pops” Sheltra Memorial Blood Drive

Fri, 19 Oct 2012 20:37:00 GMT

Celebrate the life of Rick “Pops” Sheltra by donating blood Saturday, November 10 from 10AM-4PM. Crary Buchanan will be hosting the blood drive in memory of friend Rick Sheltra.

The blood drive will be held at Sheltra & Son Construction located at 14911 SW Van Buren Ave, Indiantown

Crary Buchanan Joins “Be A Hero” Blood Drive on October 17th

Thu, 18 Oct 2012 20:43:00 GMT

Mike Crary joined other team captains for the kickoff of the “Be A Hero” blood drive on Oct. 17. The annual event sets the record for donations in Florida. This year’s goal is 2,012 units to be collected on Nov. 10 and Nov. 14. Leading the drive is Scott Van Duzer, owner of Big Apple Pizza, where the event was held; he is also president of the Van Duzer Foundation, which is conducting the drive. The non-profit organization assists people in need in St. Lucie County.

Mike is leading a team that will collect blood in Martin County on Nov. 10 at the Treasure Coast Mall in Jensen Beach. Also on the team is Seacoast Bank, which has been a partner in other Crary Buchanan blood drives. Watch here for more details

S heriff Mascara and Scott Van Duzer address the blood drive’s team leaders

2012 Martin County Friends of NRA Banquet

Mon, 17 Sep 2012 20:44:00 GMT

At Crary Buchanan , we are committed to helping our community. This year, the firm is honored to sponsor the 7 ^th Annual Martin County Friends of NRA Banquet on September 20 ^th . The event is designed to raise financial support for firearm education locally and across the rest of the United States. Jennifer Williamson, a partner at the firm said “We support the Martin County Friends of NRA and its goals. We applaud its efforts to promote gun safety and education programs in our community.”Crary Buchanan supported the event last year as well, which raised more than $9,000 for gun safety and education training programs. These funds were raised through silent and live auctions. This year, the banquet will be held at 6 p.m. at the Pittenger Center of St. Mary’s Episcopal Church in Stuart, Florida. To learn more about Friends of NRA, visit their website .

Crary Buchanan Website is WMA “Best Legal Website”

Thu, 13 Sep 2012 20:46:00 GMT

Since 1927, Crary Buchanan has offered clients the personalized and caring legal assistance they need. We are proud of our reputation as a loyal, dedicated and experienced law firm – a reputation that extends to the quality of our website as well. This year, our site has earned the distinction as the Web Marketing Association (WMA) Best Legal Website. For fifteen years, WMA has set the standard for high-quality web development and design. Every year, the WebAward Competition recognizes sites from 96 industries and the winners are chosen by expert judges from across the globe and this year, ours has been chosen as the winner in our field.

Designed by Scorpion Design, Inc., we believe that https://www.crarybuchanan.com is a reflection of our personal dedication to excellence and the innovative web design and marketing strategies employed by its designers. Combined with Scorpion Design’s creativity, we are honored to say that our website is one of the best. Click here to learn more about the WMA’s WebAwards for outstanding web development achievements.

Blood Drive to Honor Lives Lost in 9-11

Fri, 24 Aug 2012 20:47:00 GMT

On September 8 ^th and 9 ^th , Crary Buchanan will host a blood drive to remember those who died in the September 11 ^th terrorist attacks more than ten years ago. The drive will be held for the third year in a row at our office on 759 S. Federal Highway in Stuart, FL. Mike Crary, who has donated nearly seven gallons of blood in his lifetime, is chairman of the event. To date, the drive has saved more than 2,400 lives. With enough donations, the drive may be able to collect enough donations to save 2,976 lives – the number of people who died in 9-11.

“More than a decade has passed since the 9-11 attacks, but we remember that tragedy as if it were yesterday,” Mr. Crary said, “We dedicate ourselves to those who died by giving the gift of life through a blood donation.” The drive will be held on September 8 ^th from 9 a.m. to 6 p.m. and on September 9 ^th from 10 a.m. to 4 p.m. Volunteers will be automatically entered in a raffle to win a flat-screen TV donated by The Experts. The drive is also sponsored by Seacoast National Bank and Tentlogix.

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Crary Buchanan Bowls to End Child Abuse

Mon, 13 Aug 2012 20:49:00 GMT

Attorneys from Crary Buchanan helped Hibiscus Children’s Center last month at the “Strike Out Child Abuse” fundraising event at Saint Lucie Lanes. The event raised almost $4,000. All of these proceedings went directly to help the children helped by the Hibiscus Children’s Center . The chief executor of the center said that “Hibiscus Children’s Center is grateful to Crary Buchanan for supporting this inaugural bowling event, and for their continued dedication to impacting the lives of abused and neglected children in our community.”

The children’s center offers a variety of programs and services to help victims of child abuse, including foster care training and services, mental health services and residential services to children and families who affected by abuse. Families who have suffered because of physical, emotional, psychological or sexual abuse can seek help from the center. The attorneys at Crary Buchanan are proud to help the Hibiscus Children’s Center and will continue to serve families in need by giving clients the best legal representation they can offer.

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Attorney Donna DeMarchi Wins 1st Place in Speech Evaluator Contest

Mon, 06 Aug 2012 21:27:00 GMT

Crary Buchanan’s own Donna DeMarchi won first place in a Speech Evaluator Contest with the Stuart Martin County Chamber Communicators Toastmasters Club. Read the official press release here .

Wrongful Death

Fri, 27 Jul 2012 01:29:00 GMT

“In 11 years, we’ve never had an incident like this,” said the spokesman for Staples Center. A few years ago, a two year-old boy fell about 30 feet from a luxury suite inside Staples Center. He sustained serious brain injuries that resulted in his death the next day.

The family sued Staples Center, but the coroner declared that the boy’s death was an accident and the real problem was determined to be that the boy had crawled out of his parents’ sight. The family decided to take the case to the California Court of Appeals.

In another more recent story, the stray bullets of a sniper hit an 11 year-old girl, resulting in her death. While the father filed a lawsuit, he did not obtain a government tort beforehand, which is required by law (The Federal Tort Claims Act, FTCA). As a result, his case was dismissed.

How can you know if you have an eligible wrongful death claim? You can determine if you have a wrongful death claim, if another person’s careless actions harmed your relative and caused their death. This could be the actions of a speeding or a drunk driver, a manufacturing company’s negligence in making auto parts that resulted in an accident, and so forth.

Before you head to court, write a list detailing the pain and suffering your family has endured, the medical and funeral expenses you’ve had to pay, the deceased’s lost wages and benefits and future lost wages for your family. Hiring a personal injury attorney is a vital step –you will need their counsel and guidance throughout the days ahead.

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Blood Drive Receives Proclamation of Support

Thu, 21 Jun 2012 21:36:00 GMT

At Crary Buchanan , we are actively involved in the local community. Our dedication to giving people the best legal representation we can offer them is only a reflection of our devotion to helping the larger community in any way that we can. The day before Father’s Day, our firm teamed up with fathers and their families in a “Fathers & Families'” blood drive, which received the official support of the St. Lucie County Commission.

The firm received the proclamation in support of the fathers & families’ blood drive from the commission chairman. At the firm, we are thankful for the commissioners’ support of the drive. We believe that the drive is a worth-while cause that deserves the attention it has received. We are happy to have helped in any way that we could, and are continually grateful for each person in St. Lucie County who joined us at the drive.

Fathers & Families’ Blood Drive

Thu, 21 Jun 2012 21:35:00 GMT

Our firm teamed up with fathers and their families in a blood drive to support the community on the day before Father’s Day. At the firm, we are dedicated not only to helping our clients with top-notch legal representation, but helping the community as well. The blood drive, which garnered the support of the St. Lucie County Commission, was organized by Mike Crary, our managing partner at the firm.

The drive encouraged citizens from St. Lucie County to support their dads and father figures by donating blood in the Lowe’s parking lot on June 16th. At the drive, we invited a select group of “caring fathers” in St. Lucie County to join us at the drive, who invited their families and friends as well. Included in this group were other legal professionals , the Sherriff, medical professionals, public accountants, and other professionals whose work is significant to the St. Lucie County community.

Grover Cleveland’s Stuart Love Affair

Mon, 28 May 2012 21:39:00 GMT

BY WM. F. CRARY

A fondness for fishing and the townsfolk drew former President Grover Cleveland repeatedly to Stuart in the early 20th century

In those days the waters ran clear. We can only imagine the beauty and color of the St. Lucie River reflecting in Grover Cleveland’s eyes. The first time he saw it was in 1900, some 15 years before soldiers started digging the canal to Lake Okeechobee, which would muddy the cast of the river forever. A cornucopia of aquatic life teeming in the broad expanse between the river’s distant banks is something we must find in our mind’s eye.

It drew the ex-president of the United States to return to our shores time and time again. When the 63-year-old Cleveland discovered Stuart, it was the latter period of the town’s pioneer days and the final years of his life. Much about the area had changed already, since the first inhabitants settled some 18 years before. Hubert Bessey and his brother first sailed up to the point where the forks turn north and south in 1882. The Bessey brothers veered south and picked a spread of land to clear. Ernest and Otto Stypmann followed on their heels, as did other mostly German and English immigrants. Soon vast swaths of thickets and woods disappeared under budding pineapple fields.

After the railroad came in 1894, a hamlet took shape around a ramshackle line of buildings near the tracks. That’s where Stuart’s residents congregated for social reassurance. A few of them were present when Grover Cleveland emerged from his private railway car. The ex-president was surprised to see their village, and the locals must have been flabbergasted to see him, too…

Henry Flagler’s Fleeting Fancy

Sun, 27 May 2012 21:41:00 GMT

BY WM. F. CRARY II

Henry Morrison Flagler (1830-1913) brought the railroad through the Treasure Coast, which
speeded the development of the region’s pineapple industry. In 1910, a major newspaper called
Flagler Florida’s “boss” and claimed he owned the state “body and soul.”

The railroad tycoon made the pineapple boom on the Treasure Coast — and he broke it, too

For 20 years or more, the whims of an aging tycoon controlled the destinies of every pioneer on the Treasure Coast. Pineapple planters in the sparsely settled communities of Stuart, Jensen, Fort Pierce and Vero lived in the sun and shadow of his empire. All the other farmers and fishermen did, too. In fact, everyone along the entire length of the frontier peninsula was beholden to one man for the fruits of advancing civilization. In the final decades of his life, Henry Morrison Flagler was lord of the East Coast of Florida. In America, cash has a way of becoming king. Although our Founding Fathers banned royal titles, regal privileges remained for those well-robed with dollar bills. The striking difference from the Old World is how many princes of profit in our history have risen from nothing. Flagler is a case in point. His father, a Presbyterian minister, struggled to support his family on meager offerings from his parishioners. Young Henry had to help support himself from an early age. He quit school after the eighth grade and left home to find work with relatives in Ohio. Until he was 37, Flagler wrestled with his own series of ups and downs, including business failure and debts.
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Johny We Hardly Knew

Sat, 26 May 2012 21:43:00 GMT

John W. Martin, who served as Florida’s 24th governor from 1925-1929, became a more vocal
proponent of the Stuart-area becoming its own county after lobbyists suggested that the new
county be named after Martin.

BY WM. F. CRARY I I

What’s in a name?

Practically everything when it comes to Martin County. By any other name, the county would not be. Idea and hour had to meet in a fleeting moment of opportunity, and there had to be a self-promoting salesman governor, too. He was John Wellborn Martin, and he was an entertaining orator who had risen from three terms as Jacksonville’s mayor to win the highest office in the state. Opportunity to form a new county on the state’s southeast coast arose because people were misreading the times in which they lived. A wild and crazy land boom looked like progress to a horde of get-rich-quick dreamers. All over Florida, promoters were unwittingly laying a foundation for financial devastation that would take decades to repair.

PROSPERITY AHEAD

Newly elected Gov. Martin stoked the fires of ballyhoo with visions of never-ending prosperity, but he chalked up some long-lasting accomplishments, too. As soon as he took office in January 1925, Martin pushed his administration to build hundreds of miles of roads connecting soon-to-be bankrupt communities all across the state.

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Mike Crary leads ‘Fathers & Families’ blood drive in St. Lucie County in honor of Father’s Day

Thu, 24 May 2012 21:49:00 GMT

STUART – Attorney Mike Crary invites families in St. Lucie County to honor their fathers and father figures at a special blood drive on the day before Father’s Day.

The first “Fathers & Families” Blood Drive will be held June 16 from 10 a.m. to 3 p.m. in Saint Lucie West. Big Red Buses will be lined up in the parking lot of Lowe’s at 791 NW St. LucieBlvd.

“This new initiative promotes the support, guidance, care and respect that all good fathers and father figures demonstrate in their lives,” says Crary, managing partner at the law firm of Crary Buchanan.

Each pint of blood donated can save 3 lives and every donation to Florida’s Blood Centers will stay in St. Lucie County, said Crary, who has personally given nearly 7 gallons of blood.

Mike Crary and a select group of “Caring Fathers” in St. Lucie County are asking other fathers and father figures to invite friends and families to join them in this special project. The group includes:

ABOUT CRARY BUCHANAN

Crary Buchanan is a full-service law firm based in Stuart, Florida. It serves businesses, organizations and individuals in Indian River, Martin, Okeechobee, Palm Beach and St. Lucie counties. One of the oldest law firms on the Treasure Coast, Crary Buchanan was founded by Senator Evans Crary, Sr., in 1927 and has the highest AV rating from Martindale Hubbell. The firm operates on the principles of truth and responsibility, and values clients, not cases.

Three of the firm’s 15 attorneys are board certified and many have years of experience in their fields. The firm’s services include business and other litigation, contracts , real estate , employment law , family law, foreclosure defense, personal injury law, securities litigation, and wills, trusts and estates. For more information, visit https://www.crarybuchanan.com or call 772-287-2600 .

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Donna DeMarchi takes the helm of the Junior League of Martin County

Thu, 24 May 2012 21:46:00 GMT

Past president Heidi Monsour (right) passes the gavel to Donna DeMarchi
of Crary Buchanan law office.

STUART — Donna E. DeMarchi, a personal injury attorney at Crary Buchanan , was inducted as president of the Junior League of Martin County on May 9. Recently, DeMarchi had the privilege of representing the Junior League of Martin County at the Association of Junior Leagues International conference held in San Francisco from April 19 through April 22. More than 500 women from four countries convened for leadership training.

“Many of the workshops centered around the Junior Leagues’ shift toward issue-based community impact project development,” says DeMarchi. “The Junior League of Martin County has identified as its issue working with school-aged children to make healthy lifestyle choices, including nutrition and fitness. The law firm of Crary Buchanan fully supports my involvement.”

Since 1927, Crary Buchanan, attorneys at law, have provided their clients with quality legal services by maintaining a high standard of ethics and legal excellence. Admired for their integrity, professionalism, energy, and devotion to the community, they are proud of the longstanding relationships and trust that they have established over many years of service. Crary Buchanan is located at 759 SW Federal Highway, Suite 106, Stuart, Florida 34994; 772-287-2600; https://www.crarybuchanan.com .

This story is contributed by a member of the Treasure Coast community and is neither endorsed nor affiliated with TCPalm.com

Standard federal law needed to eliminate distracted driving caused by cell phones

Mon, 21 May 2012 21:50:00 GMT

As a personal injury attorney in Stuart and Port St. Lucie for the past 23 years, I have seen many developments in technology and driving habits that have helped to improve safety on the road.

Cars and trucks have more safety features like multi-staged airbags and some vehicles can now stop by themselves before rear-ending another vehicle. Driver awareness has increased because vehicle operators know their insurance rates will go up if they cause an accident.

Unfortunately we are all aware of an opposite trend in driving safety: distracted driving. The main culprit is the ever-present cell phone.

Last year there were more than 3,000 motor vehicle fatalities across the nation associated with cell phone use. Because of this the federal government is looking into a nationwide ban on cell phone use while driving; this may also encompass hands-free use.

Currently, 38 states have laws restricting or banning cellphone use while driving. The remaining 12 states, including Florida, have considered such laws, but so far their legislatures have not passed any bills.

The patchwork of state laws can cause some confusion in areas where people routinely cross state borders. Because of the mounting death toll, it is high time the federal government take action to standardize laws relating to cell phone use and driving.

Just like driving under the influence of alcohol, distracted driving caused by cell phone use is preventable. All a driver has to do is abide by the law.

The only way to ensure compliance is to put teeth into the law. There are stiff penalties associated with driving under the influence and the same should apply to distracted driving caused by cell phone use.

Newer cars equipped with hands-free technology don’t provide much more safety for distracted driving. A driver must still divert attention from the road to control the phone. All it takes is a momentary distraction for disaster to ensue.

The U.S. Secretary of Transportation is pushing for a federal law that would ban cell phone use and texting while driving, Reuters reports. When Congress considers a bill pertaining to cell phone use and distracted driving, I encourage you to support the change. Every driver’s and passenger’s well-being depends on it.

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Pain clinic ads create questions about injuries

Sat, 19 May 2012 21:51:00 GMT

You should know that advertisements that aggressively pursue accident patients cast a shadow on the legitimacy of all accident claims.

As Bloomberg News reports, providers of these services treat all patients the same. Providers have financial incentives to prescribe treatments that are questionable in their effectiveness.

The message for you is to not base decisions to hire a physician or attorney solely on advertising. Lawyers and chiropractic-medical providers with big advertising budgets are prone to overcharging and rushing cases so they can get paid as much and as fast as possible.

This approach to law and medicine does not benefit the consumer. It also degrades the integrity of the injury-insurance claim system because insurance adjusters now treat all claims as suspicious.

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Big-budget TV ads don’t tell the whole story on personal injury lawyers

Thu, 17 May 2012 21:53:00 GMT

As a personal injury attorney in Stuart and Port St. Lucie for the past 22 years, I have seen a recent explosion in TV ads for lawyers in my field. When you see how the biggest advertisers handle their cases, you may want to think twice before you hire one.

Recently, a client hired me after receiving a disturbing letter from one of these high-volume law firms. The letter from her former lawyer demanded she either settle the case or sign a power-of-attorney form authorizing the law firm to settle on her behalf.

The woman wanted to wait because she was very concerned about the cost of future medical care and because she thought that the insurance company offer was too low. Her doctor said she needed surgery immediately, but she wanted to hold off. There was no waiting at the big-advertising-budget law firm. It told her to either have the surgery or take the insurance offer.

With its huge advertising budget, a high-volume law firm does not have the luxury to allow clients to go slow. It must turn over cases quickly, even if it means clients get a smaller settlement. To be clear, I’m not one of those firms. I have a few billboards and take out a small newspaper ad every now and then.

The woman came to my office and asked me if I would allow her to wait. I said of course, I would. I told her the client’s best interests come first; it’s right there in the oath every attorney takes when admitted to the Florida Bar.

A year and a half later, the woman decided to have the surgery and she recovered 10 times what the other law firm insisted she settle for. She was attracted to the law firm with its big-budget advertising and slick ads, but she got the legal advice and justice she deserved from my firm.

In another case, a lady hired me after a heavy-advertising law firm insisted she settle for a small amount because she wouldn’t have surgery. The attorneys told her they wouldn’t file a lawsuit for her unless she had the surgery because it was too expensive for them to try a non-surgical case.

We filed suit for her even though she never had surgery and settled her case for five times the offer that the other firm received. It took longer to get her the money she deserved, but she was more satisfied with the outcome.

Justice can’t be rushed. The next time you see an expensive TV ad for legal help, ask yourself if the firm cares about you or will it rush your case through so it can pay its advertising bill.

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Safer car? Thank a trial attorney

Wed, 16 May 2012 21:54:00 GMT

You often read in the press that a trial attorney is suing a big corporation for what the company calls a frivolous cause. What’s not appreciated is how cases brought for injured clients contribute to the well-being of everyone.

American Association for Justice President Gibson Vance recently wrote a guest column for the Washington Post titled “How Our Cars Got Safer.” It explains how the civil justice system has improved vehicle design and operation.

Among the key points that Gibson makes in the article:

The next time a car salesperson touts the safety features of a vehicle, remember that civil trial attorneys pursued the difficult and often unpopular legal routes that caused the automaker to install those devices that could save your life.

Casey Feldman: A Victim of Distracted Driving

Tue, 15 May 2012 21:55:00 GMT

Casey Feldman was 21 years old when a distracted driver struck her in a crosswalk. Please take a few minutes to watch the interviews with her Fordham University classmates and mother.

EndDD , which is sponsored by the Casey Feldman Foundation , has as its mission to preserve life and promote safety on a large scale through advocacy, education, and action.

I join with enDD in its hope that we can prevent families and friends from suffering the loss of a loved one because of distracted driving.

Former Gov. Graham and others question bill to split Florida Supreme Court

Mon, 14 May 2012 21:57:00 GMT

A bill that would split the Florida Supreme Court into civil and criminal courts is being questioned by respected politicians such as former governor and U.S. senator Bill Graham and former Chief Justice Gerald Kogan.

Read this article from the Florida Bar News and let your state representatives and senators know how you feel:

Just what exactly is the problem?

That seemed to be the consensus held by a who’s who of Florida’s legal profession as they debated the court overhaul package, HJR 7111, during a conference call on April 14, the day before the Florida House voted for the same piece of legislation, 79-38.

HJR 7111 would amend Art. V of the Florida Constitution, dividing the state Supreme Court into two separate divisions, adding three additional justices, and adding Senate confirmation of Supreme Court justices, among other things.

“There is no statistic to show that the court is overloaded right now,” began former Supreme Court Justice Raoul Cantero in his opening comments about the House’s proposal to split the court into two divisions. “Nobody in the Legislature has identified any statistics that would show an increase in justices is necessary. Our state Supreme Court has operated with seven justices for the last 70 years. There’s no reason to be changing it now.”

Try driving and texting online to see just how risky they are together

Sat, 12 May 2012 21:58:00 GMT

Texting and driving? Talking and driving? You’re putting yourself in greater danger than you think.

Studies find that using a cellphone while driving has been connected to thousands of car accidents that resulted in a death in a year’s time and more than one-half million accidents in that same time period.

Get educated on the risks in a comprehensive New York Times report on how cell phones put drivers and everyone else on the road at risk.

The Times has a video on distracted driving, read an article on how distracted driving has been equated to drunk driving, and more. They are all at the newspaper’s online section titled, “Driven to Distraction.”

If you’re convinced that texting is dangerous but cannot resist the temptation, read the article about a service that will help you.

Don’t believe the statistics? Take a virtual road test : See just how well you can adapt to the road while answering text messages.

Caps on damages: Denying your access to the courthouse

Thu, 10 May 2012 21:59:00 GMT

As a personal injury lawyer practicing in Stuart for the past 21 years, I’ve watched trends come and go. One trend that has persisted is the U.S. Chamber of Commerce’s drum beat for tort reform. They call it reigning in lawsuit abuse. We call it denying you access to the courthouse when you need it.

Another way to look at the Chamber’s position is they are lobbying for the rights of wrongdoers. That’s like pushing for reduced punishment for criminals. If someone gets seriously injured, that person should be compensated for medical bills, lost wages and loss of quality of life.

The U.S. Chamber is pushing to limit YOUR right to recover damages when you are legitimately injured. The spread false information about silly lawsuits to enrage the public. That outrage hurts legitimate suits which the Chamber also wants to limit.

The fact is there are many restrictions currently in place which significantly restrict an injured person’s right to sue for damages. In Florida, right now, a lawyer and client who file a frivolous lawsuit can be ordered to pay the other side’s attorneys fees and costs.

Another example in Florida is a motor vehicle crash victim may not file a lawsuit unless he or she has medical evidence of a permanent injury. These are just two examples of reasons to avoid a questionable case.

These types of rules are not enough for the chamber that will not be satisfied until our civil justice is dismantled and civil suits are a thing of the past. If we applied their approach to professional baseball, they would want to abolish baseball because a handful of selfish and undisciplined players used illegal steroids.

Is that an appropriate remedy for what those players did? Of course not. They have been singled out and punished accordingly. The entire game did not need to be destroyed.

I recently came across a very sad story about a 14-year-old Maryland boy who was paralyzed from the neck down and sustained brain damage . He was hit by an off-duty police officer who was speeding through his neighborhood. The officer was going 56 mph in a 30 mph zone. ( Read the story here .)

Because of Maryland law, the injured boy was limited to $400,000 in damages. He requires round-the-clock medical care. His case was probably worth millions of dollars, but state law limited how much he could recover.

When the money he did get runs out, he will have to go on welfare and Medicaid. Is that fair? Is the U.S. Chamber of Commerce proud that this 14-year-old boy was limited in what he could recover for the horrendous injuries and loss he suffered?

This is the dangerous and sad road the the Chamber wants to lead you down.

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Crary Buchanan shows support for Lyric’s Discovery Series

Wed, 09 May 2012 22:01:00 GMT

Partner Jim Bowdish showed the firm’s leadership in promoting arts and education at a recent performance of “Strega Nona: The Musical” at the Lyric Theatre.

Through a $25,000 grant, Crary Buchanan has a top role in the Lyric’s Arts and Education Program, which includes the presenting company’s Discovery series, artists-in-residence series and family programs.

As a marquee sponsor, Crary Buchanan is underwriting part of the cost of programming that gives Martin County students a superior education, plus performances for family audiences.

“Strega Nona: The Musical” is a fusion of three of Tomie dePaola’s children’s books: “Strega Nona,” “Strega Nona Her Story” and “Big Anthony and the Magic Ring.” The live theatrical performance is family fare and ideal for children ages four to nine.

What Facebook and Twitter know can hurt your injury claim

Tue, 08 May 2012 22:02:00 GMT

If you’re wondering whether what you post online can affect your injury claim, read this article from the American Association for Justice. It’s reprinted here with permission from the association.

Is your client an online social butterfly?

By Karen Barth Menzies and Wesley K. Polischuk

Defense lawyers view online social networks like Facebook and Twitter as breeding grounds for damaging discoverable information. What you don’t know about how courts are shaping discovery of ‘wall’ postings, instant messages, and ‘tweets’ could be your client’s downfall.

Nearly everyone knows by now about these online social networking (OSN) sites. Each day, more and more people—including many of your clients, no doubt—are using these virtual confession booths to share information about all aspects of their lives. This presents a problem for litigators like you as you try to manage the universe of discoverable information in your clients’ cases.

In June 1995, about 15 percent of Americans used the Internet. By April 2009, that number had skyrocketed to almost 80 percent. 1 Most adult Internet users go online almost every day. 2

The share of adult Internet users who have a profile on an OSN site has more than quadrupled in the past four years, and older people are signing on in increasing numbers.

A 2009 finding that 75 percent of people age 18 to 24 have an OSN profile was not surprising, but that study also revealed that about a third of adults age 35 to 44 are active on OSNs, 19 percent of people age 45 to 54 have profiles, and 10 percent of people between the ages of 55 to 64 do too. 3
These numbers translate to a concerning conclusion—the idea that OSN users are all 20-somethings is wrong. Your 25-year-old client with the car accident case probably has a Facebook account, but your 64-year-old client with the pharmacy negligence case might be twittering away in her free time too.

These numbers also mean that a great deal of potentially discoverable personal information about your clients is moving at high speed throughout the far reaches of cyberspace. The scary part is, this information can be uncovered with just the click of a button, without interrogatories or motions to compel.

OSN users can interact and share information in many ways: through chat, messaging, e-mail, video, file-sharing, blogging, discussion groups, and more. 4

Facebook, which became host to a staggering 500 million active users last July, allows people to create a profile that contains information such as their birthday, hometown, relationship status, sexual orientation, e-mail address, current city, education and work, activities, interests, and favorite Web sites. 5

Once users have created a profile, they can “friend” other users, post messages on their own profile “wall,” post messages on other users’ walls, and post pictures.

New developments in the law concerning the discoverability of OSN information have forced plaintiff lawyers to approach the issue with caution. 6 You must keep up to date on these topics to limit what defense counsel can learn about your clients and key witnesses. 7

Public v. private

Most OSN sites allow users to determine who can view their information and what information can be viewed. For example, Facebook users can manage the level of privacy on their profiles by either letting anyone view the information or limiting access to specific people, like “friends” or “friends of friends.” 8

MySpace and Twitter warn in their user agreements that they may have to share user information to comply with the law, while Facebook states that it may share information should it be asked to do so pursuant to a subpoena.

Earlier this year, Facebook came under fire for changes in its privacy policy and the use of users’ personal data on third-party Web sites. The issue landed Facebook in hot water in Washington; in April, four Democratic senators called on the company to reconsider the latest changes in the settings and asked the Federal Trade Commission (FTC) to streamline guidelines regarding privacy on all social networks. 9

Soon after, 15 online privacy groups filed a joint FTC complaint claiming Facebook had engaged in “unfair and deceptive trade practices.” 10

Much of the criticism targeted a change in the way Facebook allows other Web sites to obtain information about its members. 11 Members’ personal information—such as where they work, what music they like, and where they went to school—were made available, without notice, to companies that have a special relationship with Facebook. 12

Facebook responded to this criticism by changing its permission settings so that companies are only able to access the public parts of profiles by default. If a company wants to access private information, it must obtain permission from the OSN user. 13

Even when OSN sites don’t change their privacy policies, users can unwittingly reveal virtual bankers’ boxes of information about themselves through their online activity. Courts have begun looking at the discoverability of this information.

Although OSNs do not guarantee complete privacy regardless of the privacy settings, the act of making a profile “private” should suggest that a user does not intend to give up his or her right to privacy by posting information online.

Yet several decisions suggest that particularized relevance will outweigh privacy interests when it comes to OSN profile content.
One example is Ledbetter v. Walmart Stores, Inc. In that case, several electricians sued Walmart for work-related injuries. 14 One of the electricians’ spouses brought a claim for loss of consortium.

Walmart sent subpoenas to Facebook, MySpace, and Meetup.com for information about the plaintiffs. The court denied the plaintiffs’ motion for a protective order based on physician-patient and spousal privileges, finding that the plaintiffs had waived the privileges by filing the lawsuit. The court found that the information sought was relevant and reasonably calculated to lead to the discovery of admissible evidence.

Similarly, in the consolidated cases of Beye v. Horizon 15 and Foley v. Horizon, 16 which involved an insurer refusing to pay health benefits for the plaintiffs’ children’s eating disorders, the court ordered the plaintiffs to turn over the children’s messages on OSN sites concerning their disorders.

In justifying discovery of this information, the defendants successfully argued that the children’s OSN messages would show that their eating disorders were due to emotional causes and were therefore not the insurer’s responsibility, since New Jersey law required coverage only for biological mental illness. 17

Courts’ willingness to allow defendants access to plaintiffs’ OSN information is further reflected in Bass ex rel. Bass v. Miss Porter’s School. In that case, the defendants sought documents that were “related to [the plaintiff’s] alleged teasing and taunting through ‘text messages’ and ‘on Facebook.'” 18

After performing an in camera review of the Facebook documents, the court stated that the plaintiff’s Facebook usage depicted a snapshot of the user’s relationships and state of mind at the time of the content’s posting.

Therefore, relevance of the content of the plaintiff’s Facebook usage as to both liability and damages in this case is more in the eye of the beholder than subject to strict legal demarcations, and production should not be limited to plaintiff’s own determination of what may be “reasonably calculated to lead to the discovery of admissible evidence.” 19

In T.V. v. Union Township Board of Education, a student was sexually assaulted by another student and filed suit, claiming emotional distress damages. The school board sought access to the assault victim’s OSN profile to determine whether it confirmed or contradicted the emotional distress claim. 20

The court held that the student’s privacy prevailed because the school board failed to make a particularized showing that the information sought was relevant, although the court left open the possibility of disclosure of the information if ongoing discovery provided an appropriate basis.

Courts also may view the act of posting information online as an acknowledgment that the information is not private. One example of this is Moreno v. Hanford Sentinel, Inc. 21

In that case, the court addressed whether an individual could sue for invasion of privacy and intentional infliction of emotional distress when a newspaper published negative comments that she made on her MySpace page about her hometown. She alleged that the newspaper’s actions resulted in threats of physical violence toward her family that ultimately forced her father out of business.

The court of appeal affirmed the trial court’s dismissal of the invasion of privacy claim. In doing so, the court stated, “The facts contained in the article were not private. Rather, once posted on MySpace.com, this article was available to anyone with Internet access.” 22

The court added, “[T]he fact that [the plaintiff] expected a limited audience does not change the above analysis. By posting the article on MySpace.com, [the plaintiff] opened the article to the public at large. Her potential audience was vast.” 23

Although Moreno did not concern the discoverability of OSN profile information, it supports the view that the act of posting information on an OSN that can be seen by others, even if the information is restricted, undercuts the expectation of privacy. Such reasoning is consistent with Facebook’s privacy policy, which makes it clear that even if a user posts information on a private profile, that will not preclude a user’s “friend” from reposting the information elsewhere in cyberspace or prevent the information from showing up on another user’s OSN profile. 24 If a user has minimal privacy protection or none, a court may be more inclined to grant a motion to compel the production of OSN profile data.

New direction?

A recent federal district court case in California is worth noting. Judge Margaret Morrow of the U.S. District Court for the Central District of California applied the Stored Communications Act (SCA) in Crispin v. Christian Audigier, Inc., to find that private Facebook and MySpace communications couldn’t be subpoenaed for use in civil lawsuits. 25

The defendants had served subpoenas duces tecum on several third-party businesses, including Facebook and MySpace, and the plaintiff moved to quash them, citing the SCA. 26

The court found that because OSNs qualify as electronic communication services (ECS) and remote computing services (RCS) under the SCA, they are barred from divulging private communications, like electronic messages, to certain parties.

Acknowledging that the act was passed in 1986, before the advent of the Web, Morrow nevertheless determined that an OSN could be characterized as an ECS because it provides users “the ability to send or receive wire or electronic communications” and as an RCS because it offers message storage services.

With respect to private messages, Morrow determined that “those forms of communications media are inherently private such that stored messages are not readily accessible to the general public.” 27

With respect to wall postings and comments, the court stated that the discoverability of the information depends on the privacy settings of the OSN user and the extent of access allowed to the postings and comments. Interestingly, the court noted that the number of users who can view the stored message has no legal significance.

Although the decision is not binding on other courts, it is an important ruling regarding the discoverability of electronic communications, and it provides a conduit between the outdated SCA and today’s ever-changing technology.
Given the Crispin decision, plaintiffs may have a better chance warding off the volley of discovery requests for OSN information from defendants. But given the evolving technology landscape, it is still necessary to have an informed client when it comes to OSN use.

To protect your clients, tell them about the pitfalls of OSNs as soon as you accept representation. They must understand that social networking sites have the potential to do great harm to a case. Explain to them that although the courts are not entirely clear on the issue of discovery of OSN information, it is likely that the defendants will try to review every page of a plaintiff’s social networking site.

Online social networking is a fast-paced, ever-changing environment, and courts are struggling to keep pace. You must too. By staying aware of current trends and legal developments, you can minimize the disclosure of information that could cause harm to your clients and their cases.

Karen Barth Menzies is a partner in the law firm of Robinson, Calcagnie & Robinson in Newport Beach, California. She can be reached at kbmenzies@rcrlaw.net. Wesley K. Polischuk is an associate in the firm and can be reached at wpolischuk@rcrlaw.net.

Reprinted with permission of TRIAL (October 2010)

Copyright American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®)

Notes

1. Pew Internet & Am. Life Project, Trend Data—Internet Adoption , https://www.pewinternet.org/Static-Pages/Trend-Data-(Adults)/Internet-Adoption.aspx .

2. Pew Internet & Am. Life Project, Trend Data—Online Activities, Daily , https://www.pewinternet.org/Static-Pages/Trend-Data-(Adults)/Online-Activities-Daily.aspx .

3. Amanda Lenhart, Pew Internet & Am. Life Project, Adults and Social Network Websites (Jan. 14, 2009),

4. Wikipedia Social Network Services .

5. Julianne Pepitone, Facebook Hits 500 Million Users , CNNMoney.com (July 21, 2010), www.money.cnn.com/2010/07/21/technology/facebook_500_million/index.htm .

6. See Karen Barth Menzies, Perils and Possibilities of Online Social Networks , Trial 58 (July 2008)

7. Not only can an OSN profile reveal information about a client; it also can reveal potentially harmful information about you. Judge Susan Criss, a Facebooking member of the bench from Galveston, Texas, has used Facebook to monitor some of the attorneys appearing before her. She even caught a lawyer lying about why she needed a continuance—the lawyer stated that she needed additional time to mourn the death of her father, but her status updates on Facebook told a different story. Molly McDonough, Facebooking Judge Catches Lawyer in Lie, Sees Ethical Breaches , ABA J. (July 31, 2009),

8. Facebook Privacy Policy (last revised Apr. 22, 2010), www.facebook.com/policy.php .

9. Eric Kuhn, Senators Urge Facebook to Change Privacy Settings (Apr. 27, 2010), www.cnn.com/2010/POLITICS/04/27/senators.facebook/index.html .

10. Daniel Lyons, The High Price of Facebook, You Pay For It with Your Privacy , Newsweek (May 15, 2010), www.newsweek.com/2010/05/15/the-high-price-of-facebook.html .

11. John D. Sutter, Facebook Launches New Security Feature (May 25, 2010), www.cnn.com/2010/TECH/05/14/facebook.security.privacy/index.html .

12. Lyons, supra n. 10.

13. Geoffrey A. Fowler, Facebook Changes App Permissions, But Critics Say It’s Not Enough , Wall St. J. Digits Blog (June 30, 2010), https://blogs.wsj.com/digits/2010/06/30/facebook-changes-
app-permissions-but-critics-say-its-not-enough .

14. 2009 WL 1067018 (D. Colo. Apr. 21, 2009).

15. No. 06-Civ.-5337 (D.N.J. filed Nov. 8, 2006).

16. No. 06-Civ.-6219 (D.N.J. filed Dec. 26, 2006).

17. Mary Pat Gallagher, MySpace, Facebook Pages Called Key to Dispute over Insurance Coverage for Eating Disorders , Law.com (Feb. 1, 2008), www.law.com/jsp/law/LawArticleFriendly.jsp?id=900005559933 .

18. 2009 WL 3724968 at 1 (D. Conn. Oct. 27, 2009).

19. Id.*

20. No. UNN-L-4479-04 (N.J. Super. filed Dec. 22, 2004).

21. 91 Cal. Rptr. 3d 858 (Cal. App. 2009).

22. Id. at 861.

23. Id. at 863.

24. Facebook Privacy Policy, supra n. 8.

25. No. 2:09-cv-09509 (C.D. Cal. filed Dec. 29, 2009).

26. Or. Granting Pl.’s Mot. Rev. of Mag. J.’s Dec. Re: Pl.’s Mot. to Quash Subp., 2010 WL 2293238 (May 26, 2010).

27. Id. at 16.

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National Teen Driver Safety Week 2010 – Reducing Distractions

Mon, 07 May 2012 22:03:00 GMT

National Teen Driver Safety Week (NTDSW), October 17-23, 2010, is dedicated to raising awareness and seeking solutions to unnecessary teen deaths on the road. Established by Congress in 2007 and held annually on the third week of October each year, Teen Driver Safety Week provides the perfect opportunity for communities to address this issue and better educate young drivers about potential dangers when they are behind the wheel.

This year’s theme is ‘Reducing Distractions’. Secondary activities have become an everyday occurrence behind the wheel of American motorists—text messaging, talking on a cell phone, styling hair, shaving, watching a movie, writing a grocery list, or putting in contact lenses, etc. A growing shift in focus from the roadway to a multitude of other tasks impairs the ability of modern drivers, and the U. S. traffic statistics mark this drastic change.

We encourage parents, families and schools to get involved locally by adopting materials and safe-driving practices into discussions and curriculums. For more information, please call us at 772-287-2600 if you would like to discuss this important issue.

Bonds or Bond Funds

Sat, 05 May 2012 22:04:00 GMT

A common misunderstanding about investing in bonds or bond mutual funds is that there is no risk to principal. This is not the case.

Interest rates are currently at historically low levels. If interest rates rise, bond prices would fall, and so too could the net asset values of some bond mutual funds. Returns can also decline if investors choose to move their money elsewhere and force fund managers to sell the bond holdings at a loss to pay redemptions.

Individual bonds and bond funds are two very different animals. Understanding how bond funds and individual bonds differ will help you assess which is the best investment option for you. Here are four factors you should consider:

Return of Principal. Unless there is a default, when an individual bond matures or is called, your principal is returned. That is not true with bond funds. Bond funds have no obligation to return your principal. Generally, bonds funds do not have a maturity date. With a bond fund, the value of the investment changes from day to day. The value of Individual bonds trading in the secondary market also change from day to day, but if the price of a bond declines below par, investors can hold the bond until it matures and collecting the principal, unless there is a default by the issuer.

Diversification. Generally, investors obtain greater diversification through a bond fund. This diversification can be obtained at lower investment of capital and lower costs than buying individual bonds. To create a diversified portfolio of individual bonds, investors need to purchase several bonds, and that might cost you tens of thousands of dollars. Most mutual funds only require a minimum investment of a few thousand dollars.

Income. With most fixed-rate individual bonds, the interest amount to be paid is stated in the bond offering. With bond funds, the interest amount distributed will fluctuate with changes to the underlying bond portfolio. Bond funds tend to pay interest monthly whereas most individual bonds pay interest semiannually.

Liquidity. Generally, all bond funds can be sold easily at anytime at the current net asset value of the fund. The liquidity of individual bonds, on the other hand, can vary considerably depending on the bond. In addition to taking longer to sell, illiquid bonds may also be more expensive to sell.

Investing in fixed income oriented investments, like individual bonds or bond funds, has risks that should be explained to the investor. Just because an account or an individual investment has decreased in value does not necessarily mean that a financial adviser has acted inappropriately. At Crary Buchanan, we provide consultations concerning negligence arising from improper financial advice. We invite you to call us to discuss your rights and remedies under the law.

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Is your automobile insurance coverage at risk?

Fri, 04 May 2012 22:05:00 GMT

As a personal injury attorney in Stuart and Port St. Lucie, Florida, for the past 17 years, I have read hundreds of cases concerning automobile accidents and insurance issues. One recent case demonstrated the lengths insurance companies will go to deny coverage to a policyholder.

In the case of Mercury Insurance v. Markham, Mr. Markham filled out an insurance coverage application that asked if the vehicle was “rebuilt, salvaged, modified, altered or specifically customized.” Mr. Markham answered “No” even though he had put bigger tires and a “lift-kit” on his truck.

After Mr. Markham injured another person in an accident while driving the truck, Mercury rescinded his policy and refused to defend the claim. Mercury’s position was that Mr. Markham made a material misrepresentation in his application.

Florida Statute 627.409 allows an insurance company to deny coverage if a misrepresentation is: (1) fraudulent; (2) material to the risk being assumed; or (3) the insurer in good faith either would not have issued the policy or would have done so only on different terms had the insurer known the true facts.

The question in this case was what type of change or alteration of the truck amounted to a modification. Mr. Markham’s attorney argued before the court that the term “modify” was ambiguous and subject to more than one interpretation so that he could not tell from the application what he was required to disclose.

Mercury’s attorney responded that the bigger tires and lift kit should have been disclosed; that information would have affected the company’s decision to insure the truck.

The trial ended in favor of Mr. Markham, but a state appeals court reversed that decision. The higher court concluded that the bigger tires and lift-kit were significant enough modifications that Mr. Markham should have disclosed them to Mercury.

As I look at this case, I think a more prudent approach for Mr. Markham would have been to ask Mercury if the modifications to his truck required disclosure on the application. It’s risky not to disclose information to an insurance company when you are applying for coverage.

So what amounts to a modification? A trailer hitch? Running boards? Different headlights? I suggest anytime you do anything that changes your car or truck from its factory configuration, you should notify your insurance company, — in writing. That way, if something happens, you have written proof you informed your insurance company.

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Check car rental policy to avoid problems from auto accident

Thu, 03 May 2012 22:06:00 GMT

As a personal injury attorney in Stuart and Port St. Lucie for the past 17 years, I have read hundreds of lawsuits concerning automobile accident insurance. One recent case involved an expensive mistake with a rental car.

Have you ever rented a car and then let someone else drive? Unless you inform the rental car company in advance, your automobile insurance may not cover damages to the car if that other driver is involved in a crash.

That’s what happened in the case of Geico vs. Shazier. Ms. Shazier’s insurance policy with Geico had what’s called a “temporary substitute auto” provision that insured Ms. Shazier if she rented a car. When she rented the car, the rental company asked her if there would be any other drivers. She said “no”.

Ms. Shazier then loaned the rented car to a friend and did not obtain the car rental company’s permission to let her friend drive. Her friend got into an accident and damaged the rental car.

Ms. Shazier filed a repair claim with Geico. When the insurance company investigated the accident, it discovered that Ms. Shazier’s friend did not have the car rental company’s permission. Therefore, Geico denied the claim.

Ms. Shazier sued Geico to cover the claim and she lost. Why? Ms. Shazier was the renter, not the owner and she could not grant permission for someone else to drive. She ended up having to pay for repairs out of her own pocket.

This was a very costly error. If Ms. Shazier had told the car rental company there would be another driver, she would have been covered. If she had carefully read her Geico policy, she would have known that in Florida, you can loan your car to someone else and the vehicle will be covered under your policy. But when you rent a car, you must obtain the rental car company’s permission for another person to drive in order for that same coverage to apply.

If you plan to loan a rented car to someone, make sure you first have the car rental company’s permission. Insurance policies have a lot of fine print and you may think you’re covered. If you’re unsure, read your policy and call your insurance company or agent to address any concerns.

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Does Financial Regulation Equal Greater Investor Protection?

Wed, 02 May 2012 22:07:00 GMT

The Dodd-Frank financial overhaul legislation was passed by Congress and signed into law by the President. What impact does it have for individual retail investors? The consensus among the experts is that it has no immediate benefit for retail investors but could result in significant changes down the road.

Office of the Investor Advocate and the Investor Advisory Committee

For example, the law establishes the Office of the Investor Advocate and the Investor Advisory Committee within the Securities and Exchange Commission (SEC). The mandate for these entities is to protect investor’s interests and assist investors but that will largely depend upon how they are funded and staffed. What voice will they have in decision and policy making at the SEC? What services will they provide to investors and how can they assist investors? We will have to watch and see how this unfolds.

Fiduciary Duty Standard of Care

Traditionally, stockbrokers do not owe their clients a fiduciary duty. A fiduciary duty is generally defined as a duty of loyalty, duty of care, a duty to avoid conflicts of interest and put the client’s interests first. Registered investment advisors have these fiduciary duties under federal law.

Stockbrokers generally have transactional duties such as duty to perform the customer’s orders promptly after receiving the customer’s approval. They also have the duty to recommend investments only after studying it, to inform the customer of the risks, and to not misrepresent any material facts to the transaction. Finally, they also have a duty to recommend investments that are suitable for the investor.

Under the new legislation, the SEC has the authority to impose the fiduciary duty standard on brokers. SEC must first study the issue and deliver a report to Congress. This will be a heavily lobbied report and review by Congress as brokers have historically fought hard to avoid the duties of being a fiduciary.

Also of note in the law is the power of the SEC to limit or prohibit mandatory predispute arbitration clauses in brokerage account agreements. Some advocates argue that mandatory arbitration is not fair for retail investors. They argue that biased industry arbitrators and unfair arbitration rules favor brokers and their firms. Conversely, the cost and efficiency of the arbitration process generally benefits retail investors over traditional state and federal courts. It will be interesting to whether the SEC will limit or give retail investors the choice to arbitrate or go to court.

Just because an account or an individual investment has decreased in value does not necessarily mean that a broker or financial adviser has acted inappropriately. At Crary Buchanan, we provide consultations concerning negligence arising from improper financial advice. If you have questions regarding your account or the duties owed by your broker, we invite you to call us to discuss your rights and remedies under the law.

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Where do you find legal care for auto accident injury claim?

Tue, 01 May 2012 22:08:00 GMT

As an automobile accident personal injury lawyer in Stuart and Port St. Lucie, Florida, for the past 21 years, I have watched as the legal landscape has change dramatically both in terms of the law and lawyers. I want to address how lawyers have changed over this time.

Historically, lawyers have confined their law practices to geographic areas with which they were familiar. There was a reason for this: The lawyer knew the “landscape” of the area and could guide a client through the steps necessary to successfully pursue a claim for injuries. This local knowledge was beneficial in the acquisition of quality medical care and services. There were always a couple of lawyers who covered large areas such as an entire state, but this was rare.

Now, more and more sole practitioners and small law firms are advertising that they maintain multiple offices covering large geographic areas. This is a natural consequence of there being more lawyers, aggressive advertising and a limited number of cases.

But are there any disadvantages to an injured client hiring a lawyer who is “not really from here?” I think the answer is “yes”.

If the lawyer you hire isn’t familiar with the local community of medical providers, then the care you receive for your accident-related injuries may actually hurt your case. Believe it or not, there are actually providers out there who dislike accident cases, and if you happen to come under their care, the medical records they keep on you may minimize your injury.

The other problem is a lot of these out-of-town lawyers either have their clients travel long distances to receive medical care, or they “import” doctors from other counties to treat their clients.

Is there a problem with this? Yes, there is. Insurance companies know where doctors are from and how much of their practice involves traveling around to treat patients involved in accidents outside the provider’s region. This is a red flag for insurance companies.

So, what your best course of action? If you get injured in an automobile accident, hire a local law firm like ours and obtain treatment from local medical providers who are well known in the community. This will give you your best chance to make a full recovery in your case, both medically and financially.

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Crary Buchanan moving Stuart law office to nearby location on Federal Highway

Mon, 30 Apr 2012 22:09:00 GMT

Crary Buchanan is moving its office from downtown Stuart to the nearby Construction Journal office building on Federal Highway.

“We have been in our current location for more than 30 years and the new location will provide us with equally high visibility and a central location to serve our clients,” said managing partner Mike Crary.

The new office will be designed to meet the law firm’s current and future space and technology needs, Crary said.

Crary Buchanan will stay open during the relocation , which is scheduled for August, Crary said. The law firm’s phone lines, whose numbers will remain the same, and e-mail will operate as usual. The Port St. Lucie office will be unaffected.

Crary Buchanan will occupy one-half of the first floor of the Royal Palm Financial Center Building III building at 759 U.S. 1 South, with offices for all attorneys, work areas for staff and five conference rooms.

The new space, which is one-half mile away from the current office, will also accommodate the law firm’s recent growth. Scott Turnbull joined Crary Buchanan as a partner in February. Elysse A. Elder and Karen Dobbins joined the firm as of counsel during 2009.

Did you incur losses on preferred stock?

Sat, 28 Apr 2012 22:10:00 GMT

Fannie Mae and Freddie Mac common stock was delisted from the New York Stock Exchange today. This brought back memories regarding preferred stock losses that continue to weigh down investment accounts. Many investors sustained significant financial losses as a result of holding large, concentrated positions in a single preferred stock such as Fannie Mae, Freddie Mac and Lehman Brothers. Additionally, many investors sustained significant financial losses as a result of large concentrated positions in a single sector such as banking.

Preferred stocks are a class of ownership in a corporation that has a higher claim on the assets and earnings than common stock. Preferred stock generally has a dividend that must be paid out before dividends to common stockholders and the shares usually do not have voting rights. Technically, they are equity securities, but they share many characteristics with debt instruments. There are different types of preferred stocks such as preferred trusts, cumulative preferred stocks, callable preferred stocks, and others. As with any securities, there are advantages and disadvantages and differing types of risk associated with preferred stocks.

Many times preferred stocks are sold as a safe, stable fixed-income investment. For example, Fannie Mae and Freddie Mac preferred shares were touted as suitable for retired individuals who wanted an investment designed to generate income. However, the risks associated with preferred shares were not disclosed or understood by many retired investors.

Just because an account or an individual investment has decreased in value does not necessarily mean that a financial adviser has acted inappropriately. At Crary Buchanan , we provide consultations concerning negligence arising from improper financial advice. If you experienced substantial losses as a result of overconcentration in a preferred stock such as Fannie Mae or Freddie Mac or were not advised about the risks of investing in preferred shares, we invite you to call us to discuss your rights and remedies under the law.

Risk Tolerance – Are you risk adverse or risk tolerant?

Fri, 27 Apr 2012 22:11:00 GMT

Risk tolerance is the degree of uncertainty that an investor can handle in regard to a negative change in the value of an investment. Risk of loss of principal is the primary risk concern for investors but there are other risks to be considered such inflation risk, interest rate risk, credit default risk, liquidity risk and others that influence an investor’s assessment of an investment.

Most investors think of risk in terms of what is the possibility that I will lose some of my money over time after purchasing an investment. Risk and return tend to work together. The higher the level of risk that greater potential return on the investment and the lower the level of risk generally equates with the lower rate of return.

An investor’s risk tolerance varies based upon age, investment experience, net worth, income, age, investment time frame, investment objective, liquidity needs, and other factors. Risk tolerance tends to be viewed in categories such as conservative, moderate, or aggressive. Generally, investors with a conservative risk tolerance are adverse to loss of principal and tend to have high need for liquidity in their investments. For example, many retirees have a conservative risk tolerance because they have limited resources for income, need to access funds for health care and other living expenses, and generally do not have time to recover from large losses sustained in their retirement account.

There are many risk tolerance questionnaires available from financial advisors and on the Internet. When establishing an investment or retirement account, you and your advisor should have a discussion about your risk tolerance and how to manage risk in your account.

Properly assessing risk tolerance can reduce the risks associated with investing in securities. Just because an account or an individual investment has decreased in value does not necessarily mean that a financial adviser has acted inappropriately. At Crary Buchanan , we provide consultations concerning negligence arising from improper financial advice. We invite you to call us to discuss your rights and remedies under the law.

Scott Turnbull joins board of Treasured Lands Foundation

Thu, 26 Apr 2012 22:12:00 GMT

Joining a dedicated team of conservationists, wildlife advocates, business leaders and nature lovers, firm partner W. Scott Turnbull has joined the board of Treasured Lands Foundation.

Turnbull is a business, securities, and trust litigator who advocates land conservation and preservation of South Florida’s history.

“We are excited to bring Scott on board, said Chuck Barrowclough, executive director of Treasured Lands Foundation. “The combination of his legal background and environmental interest brings something new to the Foundation that I think will be highly beneficial”.

Turnbull takes much of his conservation ethic from President Roosevelt’s efforts to protect and preserve America’s natural resources such as the national wildlife refuges in Florida at Pelican Island, Passage Key, and Island Bay. Like these refuges, Martin County has lands for continued conservation and wildlife protection.

Appreciating nature through hiking, kayaking, camping, birding and hunting, Turnbull sees continued opportunities to preserve South Florida’s history while conserving Martin County’s natural resources.

“We have a lot of exciting opportunities ahead of us at Treasured Lands and we know Scott will be a great asset”, said Barrowclough.

Drawing on community involvement and partnerships, Treasured Lands Foundation helps preserve Martin County’s natural resources, protect its wildlife habitats and encourage passive and active outdoor recreation by supporting public land conservation efforts and contributing to the creation of additional diverse and vibrant parks programming. To learn more visit treasuredlands.org .

Fatalities down, but distracted driving threatens our safety

Wed, 25 Apr 2012 22:13:00 GMT

Are cars getting safer? According to the federal government, the answer is “yes”.

The National Highway Traffic Safety Administration (NHTSA) compiles car crash data every year. In 2007, more than 41,000 people died on our roads. In 2008, that number dropped to 25,351. That represents a 39 percent decrease in just one year.

The 2008 figure is the lowest since 1975 when NHTSA began collecting fatality data. You can have a look at the NHTSA numbers by visiting its website .

Even so, 25,351 is a HUGE number of lives lost. If that many people in the U.S. were dying each year from terrorist attacks or other grievous causes, the government would declare a national emergency and we’d probably be living under martial law. Traffic fatalities are devastating, but they a something that we as a society have come to accept as a natural consequence of driving. You get behind the wheel and you hope for the best.

It may not be possible to control the behavior of other drivers, but you can control yours and at least minimize the chance of you being the cause of an accident. One easy way to decrease that likelihood is to limit any distractions while you are driving.

The Florida Department of Highway Safety and Motor Vehicles publishes an annual report on distracted driving. In spite of all the attention given to cell phone use and texting, the report details numerous other causes of distracted driving including food, drink, and moving objects such as a pet or insect.

The report and the causes of distracted driving make you aware of how your own behavior can put you in danger. That’s why when you get behind the wheel, your sole task should be to drive the car. Many of us take driving for granted, but when you become aware of all the types of distractions, you can minimize your chances of being caught off guard.

Protect yourself against cost of injuries from car accident

Tue, 24 Apr 2012 22:14:00 GMT

Every year, the Florida legislature struggles with the issue of requiring car and truck owners to carry insurance if they injure someone. Right now, you are not required to carry insurance in case you hurt someone while driving your car.

That also means that there are drivers on the road who don’t have insurance in case they hurt you. You are only required to carry personal injury protection (PIP), which pays up to $10,000 in medical care or lost wages if you get hurt and $10,000 in property damage in case you damage someone’s property, usually another vehicle.

So what can you do to protect against someone who crashes a vehicle into you and injures you, but doesn’t have any insurance? You can write your state legislator and ask for the law to be changed, or you can purchase uninsured motorist coverage, known by the initials “UM.” It’s available to anyone who purchases bodily injury liability coverage, also called “BI.”

BI is optional. If you want UM, you have to buy BI. Insurance isn’t cheap, but is worth having if someone else injures you and doesn’t have coverage. Even if the other person has coverage, it may not be enough to cover your injuries, so in that case, you can use your UM.

It doesn’t look like the state legislature is going to make BI mandatory. If you can afford them, BI and UM are valuable coverages you should have on your car or truck. You should have them if you own a motorcycle too. If you get into a motor vehicle crash, either way, you’re covered.

If you have any questions or comments about this, I’ll be glad to discuss them with you.

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Larry Crary helps in awarding Nina Haven scholarships

Mon, 23 Apr 2012 22:16:00 GMT

BOARD MEMBER LARRY CRARY, STUDENT LIAISON SARAH WOODS, AND EVANS CRARY JR., A FOUNDING BOARD MEMBER AND REVERED, RETIRED FIRM PARTNER, PARTICIPATED IN THE AWARDS CEREMONY. EVANS CRARY, A TRUSTEE OF THE FRANCES LANGFORD FOUNDATION, ANNOUNCED A $100,000 GRANT TO NINA HAVEN FOR SCHOLARSHIPS IN THE ARTS.

Firm partner Larry Crary helped award Nina Haven Charitable Foundation scholarships to 33 Martin County high school students in May. Crary is a board member of the foundation.

At a ceremony that month, Crary and other board members, including retired partner Evans Crary Jr., officially welcomed the students into the Nina Haven Circle of Scholars. They joined the 1,000 former recipients of Nina Haven scholarships inducted since the fund was established in 1961.

The average GPA of this year’s scholarship recipients is 3.7 on a four-point scale, with four of the students receiving AA degrees at the same time that they receive their high school diplomas this spring. Members of the Circle of Scholars will serve as mentors as the students begin college in the fall.

“One of the hallmarks of a Nina Haven scholarship,” says Judith Weber, President of the Nina Haven Charitable Foundation, “is the personal interest we take in our scholarship recipients. We provide mentors, guide them through the early days of the college experience, and help open doors to them when they graduate.”

Nina Haven scholarships, heavily based on financial need, grant up to $2,500 a year to students graduating from a Martin County high school and entering a two or four year college program. This year marks the 49th year of the program, and its prior recipients include many current community leaders.

“As a Nina Haven scholar myself,” says Weber, “I can attest to the power of these scholarships. They open doors to college, and they assure young people that an entire community of individuals is behind them, believing in them, and ready to assist if needed.”

The Nina Haven Foundation has established “Sector Scholarships” for next year in addition to current academic scholarships. Sector scholarships in alternative energy, life sciences and health, information technology and digital media, environmental studies, education and the arts will help students take up professions that will enable them to return to the Treasure Coast and contribute to the local economy and quality of life.

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Protect your case from online snooping by insurance adjusters

Sat, 21 Apr 2012 22:18:00 GMT

In my last post, we talked about how important it is to prevent insurance adjusters from tricking you into giving information that can harm your case, even though the questions may seem harmless. That’s one reason why it’s important to have a lawyer such as me represent you in an injury case.

Once you have a lawyer on your side, you can go about your business and not worry about the insurance company trying to damage to your case, right? Wrong! Even though you have a lawyer, the insurance adjuster will still try to get information from you or your friends that can help the insurance company and hurt you.

How does the adjuster do this? He or she uses a computer to search the Internet to for information about you. The most common searches are on social networking sites such as Facebook , MySpace, Twitter and the other sites where people share information about their lives.

You probably have registered and posted personal information on one or more websites as a way to keep in touch with your friends. Some sites allow anyone to view your information; others afford some privacy. Either way, any information you post on these types of social networking sites could end up in the hands of an insurance company and used against you.

Consider a simple photograph. If you have been injured and you post a picture of yourself at a party, laughing or dancing, and the insurance adjuster obtains the image, it will be used to prove that your life hasn’t changed since your injury. A video of you having a good time is even more powerful in the hands of an insurance company fighting your claim.

If you want to share personal information with your friends, don’t do it online. And don’t discuss your case with your friends. The insurance adjuster can’t talk to you without me present, but this rule doesn’t apply to your friends. An experienced adjuster knows how to get your friends to reveal what you told them in confidence. If your friends want to know about your case, politely tell them your lawyer told you not to talk about it.

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Structured Products – Buyer Beware

Fri, 20 Apr 2012 22:20:00 GMT

With interest rates at all time lows, interest and dividend yields on fixed income investments have declined. As a result, investors and financial advisors are looking for alternative investments that generate higher yields and some advisors are recommending structured products such as reverse convertibles, principal protected notes, and other similarly named investments.

What is a structured product?

Structure products are complex securities derived from or based on a single security, a basket of securities, an index, a commodity, a debt issuance, and/or a foreign currency. Structured products usually have two components – a note and a derivative. These products are often marketed as debt securities and sometimes recommended as a substitute for other traditional fixed income investments.

Structured products have the following traits:

Are structured products suitable for my account?

Structured products may be appropriate for certain investors. These are complex products with different types of risks such as loss of principal risk, liquidity risk, credit risk, and interest rate risk. There is a credible debate as to when and under what circumstances structured products are suitable for individual investors. When considering a structured product, the financial advisor is required to:

The risks and complexity of structured products has prompted regulators to issue guidance to financial advisors that offer these products. For example, when describing “reverse convertibles,” Finra stated “reverse convertibles are complex investments that often involve terms, features and risks that can be difficult for retail investors and registered representatives to evaluate.” Thus, when considering structured products – buyer beware.

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Mike Crary speaks out against texting while driving

Thu, 19 Apr 2012 22:21:00 GMT

Mike Crary, general partner at Crary Buchanan , has published an editorial against texting while driving in Scripps Treasure Coast Newspapers. The article appeared in all editions on May 21, 2010.

In the opinion piece, Crary criticized the Florida legislature for failure to act on a bill that would ban texting while driving. Crary pointed out that “texting while driving results in impairment double that of drunken driving. And, according to a study by AAA Auto Club South, texting while driving delays reaction time by 35 percent and steering control by 91 percent.”

Despite those dangers, Florida is behind other states that have taken action to make their roads safer. Crary’s advice:

“The next time you want to text and drive, don’t do it. When you’ve safely stopped your car on the side of the road or in a parking lot, send a text message to your state representative or senator to change the law and ban texting while driving.”

Get counsel before talking to insurance adjustor

Wed, 18 Apr 2012 22:22:00 GMT

In my previous post, I wrote about why you should have a lawyer represent you in an injury case. The reason is quite simple: a lawyer can probably help you recover more money from an insurance company than you can on your own.

I cited an example of a person who I helped recover 10 times more money than originally offered by the insurance company. We were lucky that it turned out that way, because, before the person hired me, the insurance company had unlimited access to the person and could have gathered information directly from the person that could have damaged the case.

How could this be? When a person is unrepresented, the insurance adjuster can call the person and ask for unlimited information. In some instances, this constant calling looks like harassment . The adjuster is trying to get as much information as possible to investigate the case and gather data for the file so the company can defend the case.

When a client hires me, I don’t allow the adjuster to talk to my client unless I am present for the interview. Even then, I control and limit the questioning. This way, the client will not inadvertently — and often mistakenly — give information the adjuster can use to defend the case.

A simple example: an adjuster asks how you are doing. A polite response from you would be, “I’m fine.”

If you answer this way, you’ve just told the adjuster there is nothing wrong with you, even though you may be hurt! When I am present for the interview, adjusters don’t ask that question, because they know that I know it’s a trick question.

I can think of dozens of examples I’ve heard of where adjusters ask seemingly harmless questions and use the innocent answers to deprive injured people of being fairly compensated for legitimate injuries. If you want to stay safe and protect your injury claim, get counsel before you talk to an insurance adjuster.

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Flash Crash and Stop-Loss Orders

Tue, 17 Apr 2012 22:23:00 GMT

On May 6, 2010, there was a “flash crash” in the equity markets. For example, the Dow Jones Industrial Average declined nearly 1,000 points before bouncing back somewhat by the close of the trading day. Many investment and retirement accounts were not likely harmed by the flash crash. But some investors, contrary to their expectation, were surprised by the losses that occurred in their accounts as a result of stop-loss orders. Generally, there are two kinds of stop orders: stop-loss orders and stop-limit orders.

Stop-Loss Orders

A stop-loss order is a tool to protect investors by triggering a sale when a stock reaches a certain price. A stop-loss order is placed with your financial advisor to sell a stock when it reaches a certain price. It is designed to limit an investor’s loss on a stock. For example, to reduce the risk of loss on a stock purchased at $100.00 per share, a stop-loss order for $90.00 per share or 10% below the price paid for the stock should limit your loss to 10%.

However, stop-loss order is also known as a stop market order. It becomes executable once a set price has been reached and the order converts to a market order that is then filled at the current market price. Because a stop-loss order is filled at the market price after the stop price has been hit, it’s possible that you could get a sell order entered well below the set price in fast-moving markets. This is what happened on May 6, 2010.

Stop-Limit Order

A stop-limit order is an order placed with a financial advisor that combines the features of stop order with those of a limit order. A stop-limit order will be executed at a specified price after a given stop price has been reached. Once the stop price is reached, the stop-limit order becomes a limit order to sell at the limit price or better. The benefit of a stop-limit order is that the investor has control over when the order is filled. The downside of a limit order is that there is no guarantee that the order will be executed. Because a stop-limit order is filled at the limit price after the limit price has been hit, it’s possible that you may not get a sell order executed because in fast-moving down markets, the price has fallen below the limit price before any trade could be filled.

How does this affect your account? If you are trying to reduce the risk of loss on a stock position in your account, your financial advisor should explain the differences between a stop-loss order and a stop-limit order and understand what your investment objective is for the stock position and the account. A stop-loss order says stop the loss and sell at the stated price or lower. A stop-limit order says sell at this price but don’t sell if the price drops below the set limit price. In a fast moving market that occurred on May 6th, if you had stop-loss orders pending, your orders may have been filled at a price well below the expected trigger price. If you had stop-limit orders entered, your orders may not have executed at all.

There are other strategies to reduce the risks associated with investing in securities. Just because an account or an individual investment has decreased in value does not necessarily mean that a financial adviser has acted inappropriately. At Crary Buchanan, we provide consultations concerning investment, retirement and trust account losses . We invite you to call us to discuss your rights and remedies under the law.

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Why you need a lawyer when you are injured

Mon, 16 Apr 2012 22:36:00 GMT

Why you need a lawyer when you are injured

Welcome to my personal injury blog. I’ve been a lawyer for the past 21 years and have handled thousands of injury cases.

The main reason I specialize in personal injury is it is one area of the law where I can have a positive effect on a person’s life after suffering a loss. The other reason is that it is performance based so my client doesn’t have to pay unless we win. This is particularly satisfying because it is truly a win-win situation.

In my blog, I include information on specific cases and give you information on how the law protects injured people. I make sure these examples protect the privacy of my clients, so I don’t tell you their names, but their stories have useful information that gives you some insight into an area of the law that we occasionally hear some sensational stories about, like the person getting millions of dollars for being burned by hot coffee.

My cases are not sensational at all; they are stories of human interest because they give you a glimpse into the lives of real people with real problems that come up after they get hurt.

The first thing I want to discuss is why you need a lawyer when you are injured. You’ve seen the commercials that insurance companies have lawyers and you should too. The real reason you need a lawyer if you’ve been hurt is that a lawyer can almost always get you more money than you can on your own.

A lady came to me two years after her car crash and told me the insurance company made an offer to settle her case, take it or leave it She wanted to know if she should take it. I told her I’d have to look at her crash report and medical records before I could advise her. The crash report showed the accident was the other driver’s fault, not hers. Her medical records showed she was injured.

I negotiated a settlement for her that was 10 times as much as the insurance company offered her. After she paid me, she walked away with more than seven times what the insurance company offered her. This was a win-win situation for her and me.

Why did the insurance company pay more because I was involved? Because I showed them where the value was in her case. It wasn’t her fault and she was injured. Once the insurance company was boxed in, there was no way out, except for it to pay.

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Securities Litigation 2010: Palm Beach County Bar Association

Sat, 14 Apr 2012 22:37:00 GMT

I attended a recent seminar presented by the Palm Beach County Bar Association Securities Law CLE committee. The seminar was titled Criminal, Civil, Regulatory and Ethics “Now What Do We Have to Worry About?” Lawyers representing individual investors, financial advisors and brokerage firms attended the seminar.

State and federal prosecutors and defense attorneys presented the securities litigation and criminal review panel. The panel discussed the rising number of securities fraud cases, victim rights, prosecution issues and sentencing guidelines. The most important advice provided was on how and when to cooperate with prosecutors in providing information and advocating for your client.

The securities litigation civil, SEC, and FINRA panel addressed the advantages and disadvantages of eliminating mandatory arbitration of investor disputes. There are two different pieces of legislation in Congress that would impact securities arbitration. The Arbitration Fairness Act of 2009 and the Consumer Financial Protection Agency Act of 2009. Both pieces of legislation address would likely eliminate mandatory arbitration of securities disputes. The fairness of mandatory arbitration is being challenged because:

While FINRA has tightened its arbitrator classification requirements, restricted the use of motions to dismiss, and required the production of certain documents, advocates for investors argue that arbitration should not be mandatory and investors should have the choice of traditional court litigation or a private dispute resolution forum such as arbitration. As a practical matter, there is a consensus among securities litigators that arbitration will continue to have a role in resolving disputes between investors and financial institutions.

Finally, the seminar ended with a luncheon discussion on ethical issues and considerations arising from the representation of multiple clients in the same dispute. From the financial institution and financial advisors’ perspective, unless there is a clear conflict of interest, generally dual or joint representation is the preferred arrangement. It is more efficient and cost effective. However, the attorney representing multiple parties must be mindful of the potential conflicts and comply with the ethics rules.

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Crary Buchanan honors Dr. Gaeta on Doctors’ Day 2010

Fri, 13 Apr 2012 22:40:00 GMT

Dr. Paul Gaeta, who is in active practice in Stuart, was honored on Doctors’ Day as The 2010 Crary Buchanan Primary Care Physician of the Year.

Gaeta is the first doctor to receive this award, established by the Stuart law firm of Crary Buchanan to honor family practice and internal medicine physicians in the community.

The full-service law firm presented a plaque and gift certificate to Dr. Gaeta at Martin Memorial’s Doctors’ Day celebration. Crary Buchanan also gave Volunteers in Medicine Clinic a check for $2,500 in honor of Dr. Gaeta.

“Our law firm has a long history on the Treasure Coast,” said managing partner Mike Crary. “We understand the critical role that primary care physicians play in the lives of our own families and the health of the community as a whole. Crary Buchanan established this award to call attention to the work of these unsung heroes.”

Dr. Gaeta and 15 other primary care physicians were nominated for the award during February and March. Patients from throughout the community wrote letters in support of their nominees, and an independent panel of community members reviewed them.

Dr. Gaeta was chosen unanimously on the basis of his unfailing commitment to his patients and his extraordinary work with victims of the earthquake in Haiti.

“The nominations made it clear,” Crary said, “that physicians in our community have earned a great deal of affection and respect from their patients. The number of worthy nominees during this first year of the award has convinced us that this award should continue annually.”

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Firm supports Education and Arts program at Lyric Theatre

Thu, 12 Apr 2012 22:41:00 GMT

FROM LEFT: JIM BOWDISH, JIM MENENDEZ, ROB ELDER, STEVE BERES, JOHN LOESSER OF LYRIC THEATRE, MIKE CRARY, JENNIFER WILLIAMSON AND RICK CRARY

Crary Buchanan and the Lyric Theatre, two of the most respected and longstanding entities on the Treasure Coast, have established a unique collaboration on cultural programs for students and families.

Through a $25,000 grant, the law firm is taking a leadership role in the Lyric’s Arts and Education Program, which includes the presenting company’s Discovery series, artists-in-residence series and family programs.

“Crary Buchanan’s attorneys are committed to the educational and cultural development of children,” said managing partner Mike Crary. “We chose the Lyric because of its shared dedication to quality programming and community service.”

“This partnership between the Lyric and Crary Buchanan makes a positive and important contribution to the quality of arts on the Treasure Coast,” said John Loesser, executive director of the Lyric Theatre. “It is defining the foundation for the exceptional educational programming that our community and its students deserve.”

As a marquee sponsor, Crary Buchanan is underwriting part of the cost of programming that gives Martin County students a superior education, plus performances for family audiences. The program includes:

ABOUT THE LYRIC THEATRE

The Lyric Theatre’s mission is to restore and provide a historic theater facility in Downtown Stuart in order to enhance cultural and educational development for Martin County and surrounding communities. The theater remains in operation year-round and draws over 80,000 people to the theater and the surrounding historic Downtown Stuart area. The programming attracts audiences that range in age from students and families to adults and seniors. For more information, visit www.lyrictheatre.com or telephone 772-286-7827.

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Mike Crary, VIM Clinic congratulate 2010 award winner

Wed, 11 Apr 2012 22:42:00 GMT

Dr. Paul Gaeta, the Crary Buchanan Primary Care Physician of 2010, tours the Volunteers in Medicine Clinic with CEO/President, Dr. Howard Voss and Mike Crary , managing partner of Crary Buchanan .

Jim Menendez elected president of Palm Beach chapter of ALA

Tue, 10 Apr 2012 22:43:00 GMT

Jim Menendez, legal administrator at Crary Buchanan , has been elected president of the Palm Beach chapter of the Association of Legal Administrators (ALA). He took office April 1.

“I will work to find ways that members can use ALA to enhance their performance,” said Menendez, who manages an office of more than 30 people. “I want to make the chapter more valuable with speakers and programming that help members be better leaders and communicators.”

The Palm Beach chapter serves administrators of law firms from Palm Beach County through Indian River County. Menendez has been an ALA member for more than 20 years.

“I cannot imagine doing my job without ALA,” he said. “I can call or e-mail members when I have a question about anything, from running operations to choosing vendors.”

Attorneys to film public service video

Mon, 09 Apr 2012 22:47:00 GMT

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W. Scott Turnbull joins firm as partner

Mon, 09 Apr 2012 22:45:00 GMT

W. Scott Turnbull has joined Crary Buchanan as a partner at the full-service law firm. He represents investors in securities-related lawsuits, handles general trust lititgation, and advocates for business entities in general civil litigation.

“I see a real need on the Treasure Coast for these services,” said Turnbull, a Stuart resident who has practiced law for 12 years. “Too many people have suffered improper financial losses that need to be redressed.”

Turnbull began at Crary Buchanan in February. He was previously a partner of Miller Canfield, an Am Law 200 firm, where he specialized in securities litigation, trust litigation , and general business litigation.

“I had an opportunity to work for myself, but I preferred to join a law firm that enjoys the highest level of respect from the local and legal communities,” Turnbull said. “I look forward to collaborating with my colleagues at Crary Buchanan in growing a successful practice.”

Turnbull represents individuals who have suffered investment losses due to the improper conduct of their brokers or financial advisors. He works to recover funds placed in unsuitable investments or mishandled through a breach of fiduciary duty.

Turnbull also represents estates, beneficiaries and trustees in trust-related matters. He helps clients when they discover that the trustees or financial advisors of their trusts have failed in their duties or abused their positions of responsibility.

“Scott’s devotion to helping people meshes with our ‘clients, not cases’ philosophy,” said managing partner Mike Crary. “With Scott on board, our law firm can better serve the Treasure Coast.”

Turnbull was graduated from Calvin College in Grand Rapids, Mich., and from Mercy School of Law at the University of Detroit. He also earned a master’s degree in business administration from Grand Valley State University.

Turnbull is licensed to practice law in Florida, Illinois and Michigan. He is admitted to U.S. District Courts in Florida, to the federal bankruptcy court in the Southern District of Florida, and to the Federal Appeals Courts for the Sixth and Eleventh Circuits.

Turnbull is a member of the bar associations in Martin and Palm Beach counties, and The Federal Bar Association. He serves on the international litigation and arbitration committees of The Florida Bar and American Bar Association.

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What is a stock borrow program? -

Sat, 07 Apr 2012 22:48:00 GMT

The Financial Industry Regulatory Authority (FINRA) fined Citigroup Global Markets, Inc. $650,000 for disclosure and supervisory violations relating to the operation of its stock borrow program.

What is a stock borrow program?

A stock borrow program is an agreement between the customer and his/her brokerage firm that allows the brokerage firm to borrow securities from the customer’s account for some form of compensation to the customer. The brokerage firm uses the borrowed securities for its other investment strategies to benefit itself and its other customers. There are a number of different programs and investment strategies that employ borrowed stock to be used in short selling strategies or option trading strategies.

According to FINRA’s investigation, between Jan. 1, 2005, and Nov. 30, 2008, Citigroup’s stock borrow program borrowed “fully paid hard-to-borrow securities” owned by the firm’s retail customers. The borrowed securities went into a pool of securities to facilitate short-selling strategies for Citigroup’s other customers.

FINRA found that Citigroup failed to disclose adequately certain material information to customers participating in the stock borrow program, such as:

• the securities were hard-to-borrow;
• the interest rates could be reduced by the firm;
• the brokers received commissions for the duration of the loan;
• while the securities were on loan, dividends were paid as “cash-in-lieu” of dividends and were subject to higher tax rates; and,
• shares on loan could be sold by the customers at any time.

FINRA also found that the stock borrow program operated without a system or procedures specifically designed to supervise the activities of the Citigroup’s employees and to adequately monitor the accounts of customers who participated in the program.

Is a Stock Borrow Program Suitable?

This is an example of a structured investment program offered to retail customers that allegedly was not presented fairly and fully. A financial advisor has a duty to disclose material information about the product being offered. Stock borrow programs are not suitable for all customers and must be recommended only when considering the customer’s financial status, the customer’s tax status, and the customer investment objectives. A financial advisor has a duty to recommend investments suitable for the customer based on these and other factors such as the client’s risk tolerance , investment experience, and liquidity needs.

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The Alphabet Soup of Securities Litigation

Fri, 06 Apr 2012 22:49:00 GMT

The alphabet soup of securities litigation starts with the broad variety of investment securities offered by financial advisors. For example, CDO (collateralized debt obligation) SIVs (structured investment vehicles), MBS (mortgage backed securities), and trust preferred securities were common investments held by large financial institutions and owned in client investment accounts. Investors of all risk tolerances and investment objectives are faced with the simple and not simple securities when investing their investable assets. Wall Street is always developing new financial products to offer clients. Financial advisors have a duty to know their clients and know the products they are recommending.

Know Your Customer – more than their name.

Financial advisors are primarily regulated by a self-regulatory organization known as FINRA (“Financial Industry Regulatory Authority”). FINRA promulgates rules governing business conduct, communications with customers, and many other aspects of the financial services industry. Under Rule 2310, financial advisors have a duty to know:

A financial advisor has a duty to recommend investments suitable for the customer based on these and other factors such as the client’s risk tolerance, age, and investment experience. These factors are not static but change over time. A material change in a client’s financial and personal circumstances can make a suitable investment unsuitable and depending upon the nature of the relationship between the financial advisor and customer create a potential basis for an arbitration claim.

Know The Product – more than its name.

Financial advisors “in the conduct of its business, shall observe high standards of commercial honor and just and equitable principles of trade.” FINRA Rule 2010. Fair dealing with customers involves a number of basic principles that will be the subject of a future article. At a minimum, financial advisors shall know the produce they are recommending by understanding:

There are other features and attributes of securities that might impact the product’s suitability generally and as it is being considered for a specific customer that need to be understood and considered before a financial advisor makes a recommendation.

Finally, financial advisors are prohibited from “effect[ing] any transaction in, or induce the purchase or sale of, any security by means of any manipulative, deceptive or other fraudulent device or contrivance.” FINRA Rule 2020. Financial advisors have a duty to disclose all material information about the security and not fail to omit or misrepresent facts relevant to the transaction.

Securities litigation generally arises from the alphabet soup of issues related to a financial advisor’s duty to know his or her customer and understand the securities being recommended to their customer. If you have a client who believes that their advisor has breached their duties that resulted in losses, the client should seek advice from a lawyer with expertise in securities litigation.

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Securities law: What investors and advisors should know now

Thu, 05 Apr 2012 22:50:00 GMT

Welcome to my securities law blog. As an experienced securities litigation attorney and former financial advisor, I am writing to educate and provide information to investors, financial advisors, and others about the financial services industry.

The blog provides information on investment advisory services and their regulation. In my posts, I will cover three main areas:

I became interested in these subjects when I was a registered representative who provided financial advice on insurance and investment products. As an attorney, I have represented individual investors, financial advisors, and financial institutions in disputes involving claims for breach of fiduciary duty, churning, discretion, ponzi scheme thefts, unsuitability, unauthorized trading, and others.

I have worked with and know some of the finest lawyers representing investors and the industry, and serving as mediators of securities litigation. I am a former member of SIFMA – Securities Industry and Financial Markets Association, a securities industry organization.

Using my investment and legal experience and background, I will provide readers of this blog with a better understanding of how the profession of investment advisory services works and how the regulatory framework protects investors and provides for an efficient dispute resolution process.

I look forward to your comments, suggestions and questions.

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UNDERSTANDING THE LITIGATION PROCESS – WHAT HAVE I GOTTEN MYSELF INTO?

Wed, 04 Apr 2012 22:51:00 GMT

Introduction

Litigation, or dispute resolution, is the process by which lawsuits are handled. At Crary, Buchanan, Bowdish, Bovie, Beres, Elder & Thomas, Chartered, we refer to the entire litigation process as a process of dispute resolution. Resolution can involve a variety of different strategies and techniques. Quite often, disputed matters are resolved through negotiation, in which people settle their differences. Sometimes, however, the matters are only resolved through aggressive, vigorous representation all the way through trial. It is important to most clients, as well as the firm, to evaluate matters, cases, and claims with both a legal and economic view towards the best solution for the client under the circumstances. Because of the high cost of litigation, economic considerations are important for clients in making decisions as to whether to pursue certain claims and in evaluating the strategy to defend claims. To most clients, litigation is a new experience, or it has never been explained fully to them in past matters. The purpose of this article is to generally describe the litigation process, and provide some insight to you, as a client or potential client, so that our attorney/client relationship will be more fully understood and the dispute resolution process, of which you are a vital part, will not be such a mystery.

Nature of the Forum

In most cases locally, litigation occurs in state trial courts. There are, however, federal courts in Miami and West Palm Beach that are appropriate for some dispute resolution. In addition, litigation can arise in matters involving arbitration panels, administrative boards, private referees, or mediation panels. Since, however, most litigation involves the state court, this memorandum emphasizes that forum.

In state court, there are two general kinds of cases: civil and criminal. A civil matter involves a dispute between two or more parties in which a court is being asked to decide and act upon the claims of the parties. Some matters may be determined by a jury, and other matters, such as a divorce, are decided by a judge without a jury. Generally, jury trials are more expensive than non-jury trials. However, in deciding whether to pursue either a jury or non-jury matter, consideration must be given to other intangible factors. Some questions are better decided by a judge, and others are better decided by a jury.

Economic Considerations

Because of the high cost of litigation, both in human and financial terms, economic factors are something every client should consider. In addition to compensation for the professional services rendered by the firm, expenses for court reporters, transcripts, service of papers, and witness fees, including expert witness fees, add to the financial impact to the client. Expert physicians, for example, charge somewhere between $300.00 and $1,000 per hour. Expert

accountants, economists, engineers, and others generally charge between $150.00 and $300.00 per hour. These expert witnesses are quite often important to a case and invariably expensive. A general awareness of these costs and expenses is important when you make strategic decisions concerning your case. Quite often those fees are unavoidable if a matter is going to be successfully litigated.

In addition to the actual financial expense involved, there is often a large human expense involved in litigation. Your time away from your business and focusing on this legal problem is a very real cost. The more hours you spend on resolving a past dispute, the less time (and energy) you will have to concentrate on the present. Nonetheless, because of the nature of a dispute, you may have no alternative but to invest your time, energy, and money in protecting your interests.

Nature of Advocacy

Advocacy is a combination of legal talents and hard work. In litigation, your lawyer is your advocate. To be skilled in advocacy, a lawyer needs not only training and background, but also a full knowledge of the facts and applicable law in your case. At the same time, the advocate needs to understand not only the facts as presented by his or her own client, but also to weigh and evaluate the facts as presented by the other side. It is from the clash of those facts and their interpretation in legal argument that the matter is presented to someone for ultimate decision. It is, therefore, crucial to the concept of advocacy to recognize that the opposing party usually has something to talk about in cases that go to trial. The result, in litigation, is that it is almost always a mistake to quickly conclude that the other side’s position is without any merit whatsoever. Instead, there is no substitute for investigation, review, preparation, and analysis in effectively evaluating a client’s position.

Predictability

Because litigation involves a dispute between two or more sides, a competent ethical lawyer and law firm cannot guarantee the outcome of any given contested matter. It is from a clash of ideas, and disputed facts, as well as differing interpretations of the law, that a court ultimately makes its decision. Indeed, in litigation, it is not only what you say or what your documents show that the court will consider. The court will also consider not only the way in which you and your witnesses have testified, but also how and what the opposition has presented in evidence. In addition, although statutes existing on the books and cases in the past have interpreted similar facts, the law is constantly changing. As a result, interpretations of existing law may change. Some cases are well known to lawyers for their “first case impression.” Other cases are seen as opportunities to change existing law or existing interpretations. Other cases may involve clear guiding law but cloudy facts. Dispute resolution ultimately hinges not only on the facts as they are presented, but also the law as it is being interpreted at the time. In the modern process of litigation, even where historical interpretation of the law may seem clear, rarely will existing law or its application to the facts be sufficiently certain to allow your lawyer to accurately predict the outcome of your case.

Mediation

Currently, in state court cases in this area, courts require parties to attempt to mediate their differences before the case can actually go to trial. A mediation system has been put into place where parties, with their attorneys, attempt to settle the case before it is actually tried. Our experience in mediation is that it is a vehicle that quite often results in the settlement of matters that would not otherwise settle. For mediation to be effective, however, it is probably better if the case has been researched and investigated before the actual mediation session. When the case has been fully prepared, the chances of a mediated settlement are fairly high. When a case goes to mediation too soon, and without sufficient time for the parties to understand the facts on both sides, there is less of a chance for an acceptable settlement. On the other hand, sometimes cases do settle early before all the facts are fully understood, in which case significant savings in legal fees and expenses can occur. You should consult with your lawyer as to when to seek a mediated settlement. The process of mediation involves the appointment of a neutral mediator, with the costs shared equally by each side. The mediator attempts to have the parties resolve their disputes without the need of a trial, if possible.

Final Word about the Process

In today’s world, the assertion and protection of legal rights cannot be a decision made lightly by a client. Economic considerations are paramount. The uncertainties in the process quite often cause lengthy delays before a matter is resolved. Once litigation has started, the parties will not seriously consider settling a dispute until the mediation process, as a last step before trial, is completed. Quite often, results of the process depend not only on your strategy, but also on the strategy, reasonableness, and position of your opponent. For these reasons, litigation is not a process that you should anticipate will result in a quick or easy solution to your problem. History has shown us, however, that the process ultimately works in most cases. As long as you have realistic goals, know the limitations in the process, and recognize its expense, the litigation process will serve your needs.

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FAQ Personal Injury and Wrongful Death

Tue, 03 Apr 2012 22:52:00 GMT

The following answers are provided as a general guide to questions often asked in automobile injury cases. These answers are not intended and should not be construed as legal advice. Every case is different and should be evaluated separately. Please telephone or email Crary-Buchanan with questions about your injury case.

1. Who pays my medical bills?

If you have purchased no fault insurance coverage, you can expect to be reimbursed for eighty (80%) percent of your medical bills. However, if you have a deductible feature in your no fault insurance coverage, your insurance carrier does not become responsible until that deductible has been met. The remaining 20% can be recovered from the at-fault driver’s or owner’s insurance policy at the time of settlement, unless there is no at-fault bodily injury liability coverage.

2. Who pays my lost wages?

If you have purchased no fault insurance coverage with wage loss protection, you can expect to be reimbursed for sixty (60%) percent of your lost wages. However, if you have a deductible feature in your no fault insurance coverage, your insurance carrier does not become responsible until that deductible has been met. The remaining 40% can be recovered from the at-fault driver’s or owner’s insurance policy at the time of settlement, unless there is no at-fault bodily injury liability coverage.

3. Who pays to fix my car?

Florida Law requires all owner’s of automobiles to carry at least $10,000.00 in property damage coverage. If the cost to repair your car is less than $10,000.00 and the insurance company is satisfied the accident was not your fault, then it will pay to have your car repaired as long as there is enough insurance coverage to make the repair and and long as the cost of the repair does not exceed 70% of the fair market value of your car.

4. Who pays for my rental car?

If there is enough property damage insurance and your car is not a total loss, the at-fault insurance company should provide you with a rental car while your car is being repaired. There are exceptions to this general rule.

5. Which doctor can I go to?

You may treat with any licensed physician or health care provider as long as the care you are receiving is medically necessary, related to the injuries you suffered in the accident and the charges are reasonable. You should continue treating with your doctor or provider until your injury has resolved or the doctor or provider has released you from care.

It is important that you continue to go to a doctor as long as your injuries continue to bother you. You should return to each of your doctors as often as necessary and truthfully tell them about all your complaints.

You should cooperate with your doctor in every way and relate fully to him or her all symptoms that you have which have arisen from or been affected by the accident. You cannot expect the doctor to give effective testimony at trial if several months elapse between examinations. Moreover, insurance companies will often treat the failure to obtain medical treatment as evidence of no injury or of full recovery.

6. Do I get paid for pain and suffering?

The Florida No-Fault law allows your insurance to pay your medical bills, but the law severely limits the rights of injured people who are not at fault in the accident by permitting them to sue the people who were at fault and injured them, only if they have a “permanent” injury, or scarring, disfigurement, loss of a body function or were killed in the accident. You are allowed to recover damages for pain and suffering only if you suffer a “permanent injury.” It is up to your physician to decide if you have a permanent injury. Even if your physician states you have a permanent injury, the insurance company may dispute that opinion.

7. When can I settle my case?

Your case should not be settled until the nature of your medical condition has been determined and the liability investigation completed. It generally takes some time to obtain the necessary medical information because a doctor cannot answer many questions until your treatment has been completed. Typically, there is a wait of six to nine months from the date an accident occurs before there is a full medical report from the doctor about your residual medical condition. If your injury is severe or uncertain, additional delay is likely.

8 What is my case worth?

The value of a case depends upon many variables and cannot be determined until all the evidence is known. Once the investigation has been completed and all necessary personal and medical information has been obtained, we can evaluate your case for settlement. This evaluation is not cast in concrete, but represents a value range for settlement based upon our experience and handling of similar cases. In essence, the value of a personal injury case is closely related to the amount of the outstanding medical bills, lost wages, lost earning capacity and compensation for your pain and suffering.

9. Do I need a lawyer?

Any person who has been injured in an accident should get legal advice from a lawyer. Don’t rely on answers from the insurance company. At Crary-Buchanan we will answer your questions truthfully and completely. Don’t stand alone. Email or telephone Crary-Buchanan now!

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DeMarchi joins Crary Buchanan law firm

Mon, 02 Apr 2012 22:57:00 GMT

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Donna E. DeMarchi Joins Crary Buchanan

Mon, 02 Apr 2012 22:55:00 GMT

STUART, FLORIDA – Donna Ernest DeMarchi has joined the law firm of Crary Buchanan. She has practiced in the area of personal injury and wrongful death since becoming a member of the Florida Bar in 1999. For more than a decade she has represented individuals and families that have been victims of negligence. ”I advise my clients to focus their energies on recovery, while I navigate the legal minefield of the insurance carriers,” says DeMarchi. ”I strive to obtain the maximum benefit in each case,” she adds.

DeMarchi, who is from Martin County, initially worked as a paralegal for a solo practitioner in Palm City. Several years later she decided to further her career and obtained a law degree from the University of Florida Fredric G. Levin College of Law.

In addition to practicing law, DeMarchi is involved with numerous community organizations, including United for Families, Leukemia & Lymphoma Society, and Junior League of Martin County.

Family Law Frequently Asked Questions

Mon, 02 Apr 2012 22:54:00 GMT

1. Do I really need a lawyer?

A person has the right to represent himself or herself in a dissolution action. However, there are many pitfalls for the unwary, starting with using the right language in the petition for dissolution, continuing through the introduction of evidence, and even in post-judgment proceedings. It can be more costly for an attorney to fix what the parties have already done than it is to have an attorney on board from the beginning.

2. What is “dissolution” and how is it different from “divorce”?

Dissolution is the term currently used in Florida to refer to “dissolving the marriage partnership.” In practical effect, it has the same general understanding as the word “divorce,” but divorce focused on the conduct of the parties which caused the marriage to fail. When Florida changed to a no-fault system, the terminology changed also to reflect the new standards.

3. My spouse started dating before I even knew our marriage was in trouble. I think it’s only fair that I get more of the stuff, as well as exclusive use of the home and the kids, because of the humiliation I suffered.

Florida is a no-fault state and so, with certain very limited exceptions, the court does not take into account the “humiliation” factor. All the court can do is determine the most equitable way to terminate your marital partnership, and cannot soothe the hurt, humiliation, anger, betrayal or desire for revenge that often accompany an action for dissolution. Unless your spouse’s actions resulted in dissipation of marital assets or direct harm to the children, it is quite likely that the court will not consider a spouse’s infidelity when fashioning an equitable distribution plan. Your attorney can best advise you if your situation fits one of the limited exceptions mentioned above.

While many attorneys have experience that makes them a good sounding board for your negative feelings, please keep in mind that a pastor or other type of professional counselor is a far more cost effective way to deal with the feelings that come along with this type of betrayal.

4. My friend just got divorced last year and has told me what I need to do…can I rely on his or her advice?

While your friends are a great source of comfort during a difficult time, they should not be your source for legal advice. Every dissolution action is different and what happened in your friend’s case is no indicator of what will happen in your own. There are many variables to take into account, not least of which is the personalities of the parties involved in your dissolution action. In addition, there have been massive legislative changes in the family law arena in recent years and unless your friend is actively practicing law in this area, you should not rely on what he or she tells you.

5. I don’t like my spouse any more and think it would be best for the kids if I moved somewhere else. Can I do this?

Not without court order. The State of Florida has a very strong public policy interest in ensuring that children have access to both parents, and doesn’t look kindly on one parent unilaterally removing the children from the vicinity of the other parent. If one parent wishes to relocate such that it will impact the other parent’s ability to have a meaningful relationship with the children (and the other parent does not agree), the parent wishing to relocate must file a petition asking the Court to permit the move, and must prove that it is in the children’s best interest to do so.

6. My new spouse was transferred to a place far away. My children and I naturally want to go too, but my former spouse won’t agree. What can I do?

Under these circumstances, you must file a petition for relocation and prove to the Court that it is in the children’s best interest to relocate away from the parent who will be left behind. If the party seeking to relocate cannot prove to the court that it is best for the children to relocate, then the requesting spouse can either move without the children or stay in Florida with the children.

7. I really don’t want to have anything more to do with my spouse, but we have minor children. Can I waive child support to get him/her to waive timesharing?

No. Child support is a right that belongs to the child, not to the parent, and the parent cannot waive it. Furthermore, failure to pay child support is not grounds to withhold timesharing from the other parent.

8. My spouse and I agreed on what to do about the children, but the Court said it wasn’t good enough. How can the Court tell me that?

The Court has the ultimate responsibility to determine that the agreement made by the parents is in the best interests of the children, even if that means overruling some agreement the parents have made. Historically, the Court saw that many times parents would make decisions or agreements that best suited the parents’ needs and all but ignored the needs of the children, and the powers that be decided that the children’s needs had to be the paramount consideration.

Now, the Court has the obligation and the right to review all agreements as they relate to raising the children and change those provisions that are not best for the kids.

9. How is “the children’s best interest” defined?

This question is determined on a case-by-case basis. The statute enumerates factors that the Court is to consider, but every case is different and the weight given to factor A in one case may be completely different from the weight given to factor A in your case. Again, do not rely on what your family, neighbors and friends tell you about how the law works.

10. I just moved to Florida two months ago. Can I get divorced here?

In order to use the Florida Court system to get a final judgment of dissolution, you must be a resident here for at least six months before you file a petition for dissolution. If your spouse did not move here with you, the appropriate place to file a petition is where you last resided together with the intent to remain married. There are many factors to take into account when determining where to file for dissolution, including whether there are minor children and the location of any real property owned by the parties.

11. My spouse just threatened to file for divorce. Should I hurry up and file first?

Not necessarily, unless it gives you a psychological boost to be the person requesting the dissolution. Typically, the petitioner (person requesting the dissolution) pays the filing fee, so many people choosemany people choose not to race off to the courthouse. There is no tactical advantage to being the petitioner, since the Court’s job is the “equitably distribute” the parties’ assets and liabilities depending on the parties’ circumstances. Both parties have an opportunity to present their position to the Court.

12. What’s mediation and do I really have to go?

Mediation is a technique used to encourage and facilitate resolution of the issues in your dissolution, such as dividing your assets and liabilities and what to do about the kids. The mediator is a neutral party who works with both sides during the course of the mediation to try to problem solve. Mediators cannot give the parties legal advice, even though many of them are family law practitioners. Mediators cannot order the parties to take any particular action, but if the parties are able to resolve some or all of their issues, the mediator will reduce the agreement to writing and have both parties sign it.

Mediation is a mandatory proceeding in family law cases. The majority of family law cases do settle at mediation or shortly thereafter. The Court will not set your matter for final hearing (trial) unless you have been to mediation.

13. I don’t really want my spouse to know about my bank account in the Cayman Islands. Can you help me keep that information a secret?

No. An attorney has a duty of candor to the Court, and cannot help a client present testimony to the Court that the attorney knows is false or fraudulent. If a client persists in an intention to present false, misleading or fraudulent testimony to a Court, an attorney may not only have an obligation to withdraw from representation of the client, but may also have to make the Court aware of the false, misleading or fraudulent information.

14. My spouse and I made an agreement 5 years ago that no longer suits us. Is there anything we can do about it? My spouse keeps talking about a “modification.” What’s that?

Modification is the process where parties who already have a final judgment seek to change the terms of the final judgment. If the parties agree on the changes, they can enter into an agreement which is then submitted to the Court for approval. If the changes pertain to the children, then the Court must determine that the changes are best for the children.

If the parties cannot agree to the changes, then the party desiring the change can file a petition for modification, explaining the changes sought and the reasoning behind the request. The parties will again have to attend mediation before a final hearing is held on the modification request, but if the parties cannot agree the Court will conduct a final hearing to receive testimony and evidence, and then issue a ruling.

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Attorney Linda Weiksnar Nominated For Women Of Distinction Award

Mon, 26 Mar 2012 22:59:00 GMT

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Crary Buchanan Law Firm Attorneys Hit Target At Treasured Lands Clay Fun Shoot

Mon, 19 Mar 2012 23:02:00 GMT

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Mike Crary, Managing Partner of Crary Buchanan Law Firm, honors Dr. Charles Phillips

Mon, 19 Mar 2012 23:01:00 GMT

Mike Crary , Managing Partner of Crary Buchanan Law Firm , honors Dr. Charles Phillips with the first VIM Physicians Community Service Award, sponsored by Crary Buchanan and given to private practice physicians who donate their time and skills to patients of The Volunteers in Medicine Clinic. Dr. Phillips and the two other 2012 awardees, Dr. Gordon Baskin and Dr. Stuart Sabol, have cared for VIM patients since the clinic was founded in 1995.

Mike Crary and Dr. Charles Phillips

Crary Buchanan attorneys support fundraiser to bring Vietnam Traveling Wall

Mon, 05 Mar 2012 23:05:00 GMT

Scott Turnbull, Mike Crary and Jennifer Williamson participated in the first annual Sporting Clays
Fun Shoot to raise funds to bring the Vietnam Traveling Wall to Martin County.

STUART — Jennifer Williamson, a corporate business and real estate attorney at Crary Buchanan, helped organize the first annual Sporting Clays Fun Shoot at the South Florida Shooting Club in Palm City on March 10. This event was sponsored by the Vietnam Veterans Association Chapter 1041 as a fundraiser to bring the Vietnam Traveling Wall to Halpatiokee Park in Martin County in October 2012. More than 100 shooters, including attorneys Mike Crary and Scott Turnbull of Crary Buchanan, participated, raising more than $21,000.

The Vietnam Traveling Wall is a three-fifths scale of the Vietnam Memorial in Washington, D.C. The Traveling Wall spans nearly 300 feet from end to end.

“We are proud of our Vietnam Veterans and pleased to support their very worthy cause,” said Williamson. “We invite the community to visit the Vietnam Traveling Wall when it arrives in October.”

Since 1927, Crary Buchanan , attorneys at law, have provided their clients with quality legal services by maintaining a high standard of ethics and legal excellence. Admired for their integrity, professionalism, energy, and devotion to the community, they are proud of the longstanding relationships and trust that they have established over many years of service.

Crary Buchanan is located at 759 SW Federal Hwy., Suite 106, Stuart. Call 772 287-2600 or visit www.crarybuchanan.com .

This story is contributed by a member of the Treasure Coast community and is neither endorsed nor affiliated with TCPalm.com

3rd Annual Hibiscus Children’s Center Sporting Clays Fun Shootaa

Mon, 13 Feb 2012 01:15:00 GMT

Say Luminaries – Martin County

Robert J. Elder III, Jennifer L. Williamson, W. Scott Turnbull and James L. S. Bowdish, attorneys at the Crary Buchanan law firm , participate in the 3rd Annual Hibiscus Children’s Center Sporting Clays Fun Shoot held at the Quail Creek Plantation in Okeechobee. The firm is a long-time supporter of the Center.

Negron proposal makes most sense

Wed, 01 Feb 2012 01:17:00 GMT

Opinion – Scripps Treasure Coast Newspapers

Mike Crary , Stuart

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Bowdish to attend arbitration conference

Mon, 23 Jan 2012 01:21:00 GMT

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Connecting the dots: How William F. “Rick” Crary II’s delving into history uncovered the story behind Martin County

Mon, 16 Jan 2012 01:19:00 GMT

STUART, Florida– William F. “Rick” Crary II , partner in the Crary Buchanan law firm and a resident of Martin County for more than half a century, has had a lifelong interest in history. But it wasn’t until the historic home of his Crary grandparents was moved by the city of Stuart early in 2010 that his attention was directed locally. ”Local historian Sandy Thurlow asked me to give a talk to Stuart Heritage members about the history of Crary House in the fall of 2010, prompting me to finally go through all the boxes of my grandfather’s papers,” says Crary. Crary’s late grandfather, Evans Crary, Sr., served in the Florida legislature for 18 years. He became Speaker of the House in 1945.

As Crary researched his grandfather’s contributions to the community, he realized he didn’t know enough about Governor Martin or the formation of Martin County. This spurred him to embark on an archeological journey of sorts that included delving into the archives of the Stuart News and the Jacksonville Times-Union. He found Governor Martin’s home, office and grave site in Jacksonville, and he visited the area where Martin spent his early childhood in Marion County. Crary also traveled to Tallahassee to review the former governor’s papers, and was told from the looks of the storage container, Crary was probably the first member of the public to request access. From all these bits and pieces, Crary has been able to make the connections.

As a result of his curiosity and his scholarship, Crary’s first article, “Johnny We Hardly Knew Ye,” was recently published in the January 2012 edition of Indian River Magazine. It traces the founding and naming of Martin County. The story also can be found online at www.indianrivermag.com.

According to the article, local boosters expected a new county would help Stuart become the biggest port city south of Savannah. With powerful Palm Beach county blocking the local boosters’ efforts to break away, Governor Martin’s support became essential. The article tells how they persuaded him to join their cause on the eve of the collapse of the great Florida Land Boom in 1925.

Two years after the county was created, Rick Crary’s late grandfather, Evans Crary, Sr., founded his law practice in Stuart. It remains one of the oldest law firms on the Treasure Coast.

Since 1927, Crary Buchanan have provided their clients with quality legal services by maintaining a high standard of ethics and legal excellence. Admired for their integrity, professionalism, energy, and devotion to the community, they are proud of the longstanding relationships and trust that they have established over many years of service. Crary Buchanan is located at 759 SW Federal Highway, Suite 106, Stuart, Florida 34994; (772) 287-2600; www.crarybuchanan.com .

Land trust’s environmental outreach rewarded with $10,000 grant

Mon, 19 Dec 2011 15:46:00 GMT

Pictured (from left) Treasured Lands Development Director Jessica Cox, Board Member Barbara
Birdsey, Board Member and Sewall’s Point Mayor Jacqui Thurlow-Lippisch, Executive Director
Charles Barrowclough, Board President Scott Turnbull, Board Member Chappy Young, TD Bank
Retail Marketing Manager Hector Ortiz, TD Store Manager Paula Zerby, TLF Board Member Leslie
Corcoran and TD Bank Store Manager Christian Scalerico.

STUART — Treasured Lands Foundation was presented with a grant for $10,000 from the TD Charitable Fund, the charitable giving art of TD Bank, “America’s Most Convenient Bank©” on Dec. 15.

Treasured Lands Board President Scott Turnbull was joined by fellow board members Jacqui Thurlow-Lippisch, mayor of Sewall’s Point, Chappy Young and Leslie Corcoran and Executive Director Charles “Chuck” Barrowclough and Development Director Jessica Cox to accept the contribution from TD Bank representatives Hector Ortiz, retail market manager, and local store managers Christian Scalercio and Paula Zerby.

Treasured Lands’ education efforts are extensive. The land trust has led numerous school groups, civic organizations and individuals on field trips into Barley Barber Swamp in Indiantown. The 400-acre preserve is owned by FPL and rife with wildlife and plant species, including a forest of majestic, soaring bald cypress — at least one more than 1,000 years old.

“We’re very grateful for the generosity of the TD Charitable Foundation,” said Barrowclough. “By investing in Treasured Lands Foundation, they’re making a major contribution toward our efforts to uphold Martin County’s legacy of environmental protection — and help awaken and educate the nature lover that we believe resides in everyone.”

A staunch commitment to active involvement in the local community is a vital element of the TD Bank philosophy. TD Bank, “America’s Most Convenient Bank®” and the TD Charitable Foundation provide financial and other support to affordable housing initiatives, financial literacy and education and the environment, many of which focus on improving the welfare of children and families.

About the TD Charitable Foundation

The TD Charitable Foundation is the charitable giving arm of TD Bank N.A., which operates as TD Bank, “America’s Most Convenient Bank®,” and is one of the 10 largest commercial banking organizations in the United States. The Foundation’s mission is to serve the individuals, families and businesses in all the communities where TD Bank operates, having made $82.9 million in charitable donations since its inception in 2002. The Foundation’s areas of focus are affordable housing, financial literacy and education, and the environment. More information on the TD Charitable Foundation, including an online grant application, is available at https://www.TDBank.com .

About TD Bank, America’s Most Convenient Bank®

TD Bank, America’s Most Convenient Bank, is one of the 10 largest banks in the U.S., providing more than 7.8 million customers with a full range of retail, small business and commercial banking products and services at more than 1,280 convenient locations throughout the Northeast, Mid-Atlantic, Metro D.C., the Carolinas and Florida. In addition, TD Bank and its subsidiaries offer customized wealth management services through TD Wealth, and insurance products and services through TD Insurance, Inc. TD Bank is headquartered in Cherry Hill, N.J., and Portland, Maine. To learn more, find TD Bank on Facebook at www.facebook.com/TDMoneyLoungeUS, on Twitter at www.twitter.com/TDBank_US, or visit www.tdbank.com.

TD Bank, America’s Most Convenient Bank, is a member of TD Bank Group and a subsidiary of The Toronto-Dominion Bank of Toronto, Canada, a top 10 financial services company in North America and one of the few banks in the world rated Aaa by Moody’s. The Toronto-Dominion Bank trades on the New York and Toronto stock exchanges under the ticker symbol “TD.” To learn more, visit https://www.td.com .

This story is contributed by a member of the Treasure Coast community

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Lawrence E. Crary III: Martin County community working together to stop ‘brain drain’

Mon, 07 Nov 2011 15:41:00 GMT

We often hear of the alleged desperate condition of education in the United States. To dispel that notion, all you have to do is serve on a scholarship committee that interviews high school seniors. Their academic and community accomplishments are extraordinary.

As a board member of Nina Haven Scholarships, I have interviewed hundreds of seniors from Martin County’s high schools. I come away from every interview with the overwhelming realization that, in the hands of these fine students, our future is secure.

In an increasing global market and a highly technological world, education is now, more than ever, the gateway to success. I’m proud to say that in Martin County, we are not just talking; we are taking action on behalf of our young people, their education, and their future.

For example, Nina Haven Scholarships is celebrating its 50th anniversary of awarding college scholarships to Martin County students. I have had the unique privilege of making many academic and professional careers possible through our annual scholarships.

Nina Haven scholarships and others like them change lives — forever. Students from all of our Martin County high schools are eligible for Nina Haven scholarships each year. There are currently 120 young people studying at colleges and universities across the country thanks to Nina Haven’s financial support.

The Education Foundation of Martin County vigorously supports not only students but also their teachers through professional development grants, teacher recognition, and classroom enrichment. The business community and committed individuals show their support by underwriting programs, serving as mentors, and welcoming students through shadowing programs and internships.

Recently the Vaccine and Gene Therapy Institute of Florida announced a program to enable our young people to spend a summer at VGTI, learning real-life research from with internationally renowned scientists in state-of-the-art labs. Termed SURF (Summer Undergraduate Research Foundation), the internship program pays students a stipend to earn while they learn. Local community-minded organizations like Seacoast National Bank and The Martin County Community Foundation have already stepped forward to help fund this program.

The Martin County Business Development Board, clear in its intention to “stop the brain drain” of our best and brightest, is diligently pursuing programs such as a database of former Martin County residents whose skills and experience might be perfectly suited to the high-tech companies that have located in the area. The potential to be able to come back home, do well, and do good within the community is an additional motivation to our young people as they complete high school and pursue college and university degrees.

These programs represent just a few of the myriad efforts under way in our community. Our public/private partnerships are strongly supportive of parents, educators, and our young people. They demonstrate that in Martin County, we not only recognize the importance of education; we are doing something about it.

Lawrence E. Crary III, of the Stuart-based Crary Buchanan law firm, is a board member and volunteer for many local nonprofit organizations.

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Linda L. Weiksnar of Crary Buchanan Receives Prestigious St. Thomas More Award from Catholic Lawyers Guild

Tue, 01 Nov 2011 14:30:00 GMT

Linda L. Weiksnar of Crary Buchanan has received the St. Thomas More Award for 2011 from the Catholic Lawyers Guild. The award recognizes an attorney or judge from the Martin County legal community who exemplifies the ideals of service and sacrifice in the pursuit of justice as reflected in the life of the English lawyer and Judge Thomas More.

“I’m honored to receive this award,” said Weiksnar. “I believe that, as attorneys, we should use our gifts to help others. Knowing the caliber of the other nominees, I am humbled to have been chosen this year.”

Weiksnar is the second attorney from Crary Buchanan to be chosen for the award. Law firm partner Larry Crary received the award the first year it was presented.

Weiksnar was presented the award on Oct. 29 at a dinner following the annual Red Mass. The Red Mass is an annual event; this year, Bishop Barbarito officiated and asked God’s blessings on the members of the Treasure Coast legal community.

A dinner followed at Willoughby Country Club, at which time Ms. Weiksnar received the award. She was one of seven nominees from the Martin County legal community.

From left, Father Noel McGrath of St. Joseph Catholic Church,
Linda L. Weiksnar of Crary Buchanan and Mark Miller of the
Catholic Lawyers’ Guild.

Insurance companies are watching you – on Facebook and everywhere else

Sat, 22 Oct 2011 14:27:00 GMT

Don’t look now, but insurance companies and law officers are following you — on Facebook, Twitter and other social media. In their claims investigations, they’re going online to find information that could undermine your case and possibly send you to jail.

Are insurance companies and police officers invading your privacy? If the information is easily visible on your Facebook page or put on Twitter for anyone to see, then the answer is no. Once published, even the simplest statements about your health or damage to personal property could be used against you.

Even before your case is in the hands of an attorney, you should not discuss your accident with anyone. That includes your neighbors, your Facebook friends, your Twitter followers, pen pals, etc. You don’t who is watching your words or moves. The only person you should talk to about your case is your attorney.

You can still go online or get on the phone to talk about what a terrible season the Miami Dolphins are having or how you’re looking forward to cooler Florida weather. But when it comes to your insurance claim, remember that you’re being watched.

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Time to Review Your Power of Attorney

Tue, 18 Oct 2011 14:26:00 GMT

BY STEVEN D. BERES

As of October 1, 2011, Florida law concerning powers of attorney has been extensively revised. Florida residents with existing powers of attorney should take note of the effect of the new law on existing powers of attorney and also consider updating their powers of attorney to take advantage of additional planning opportunities which are now available.

Powers of attorney signed before October 1, 2011, continue to be effective. However, it is important to note that the new law may impact on your existing power of attorney in the following respects:

Even though existing powers of attorney remain effective, you should consider updating your power of attorney to increase its utility under the new law. Here are some reasons:

Please contact me if you have questions concerning Florida’s new power of attorney law.

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Jennifer L. Williamson named to 19th Circuit Judicial Nominating Commission

Mon, 17 Oct 2011 14:25:00 GMT

Jennifer L. Williamson has been named to the 19 ^th Circuit Judicial Nominating Commission by Gov. Rick Scott. Williamson is a partner at the law firm. She is board certified in real estate and her practice includes corporate law.

“It’s an honor to be selected for such an important public service,” said Williamson, who lives in Okeechobee County. “I will dedicate my time and talents to selecting the best candidates for our circuit court.”

The commission’s nine members nominate individuals to fill vacancies in the 19 ^th Judicial Circuit, which includes Indian River, St. Lucie, Okeechobee and Martin counties. The commission interviews applicants and sends names to the governor for final selection.

Williamson’s first term began Sept. 22 and will end July 1, 2015. George W. Bush and Scott W. Konopka were reappointed to the commission for the same time period.

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Attorneys Larry Crary, Linda Weiksnar teach value of Constitution to schoolkids

Tue, 11 Oct 2011 14:23:00 GMT

Firm attorneys Larry Crary and Linda Weiksnar made a presentation about the U.S. Constitution in celebration of Constitution Week to fifth-graders at Pinewood Elementary School in Stuart on Sept. 19, 2011.

As reported in the Stuart News and on TCPalm.com, “The two wanted to highlight “’he oldest functioning constitution in the world and the cornerstone of our democracy’ by making it fun and interesting for the students.”

Weiksnar and Crary have annually spoken at local schools about the Constitution. Weiksnar gave a talk on Sept. 22 to a class at Hidden Oaks Middle School in Palm City with guest Sugar Penny. She appeared as President James Madison, who is considered the father of the Constitution.

From left, Larry Crary, Ethan Pitt, Ethan Norman and Linda Weiksnar.

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Crary Buchanan supports gun safety and education programs in Martin County

Mon, 10 Oct 2011 14:21:00 GMT

From left, Jenny and James L.S. Bowdish, Dr. Hal Tobias, Mike Crary and Scott Turnbull

Crary Buchanan is supporting gun safety and education programs in Martin County and across the state of Florida. The firm was a sponsor of the Martin County Friends of NRA Annual Banquet & Auction on Oct. 6, 2011.

“Safety is first and foremost in the minds of gun owners,” said law firm partner Jennifer L. Williamson, who is vice president of the Martin County Friends group. “Education programs for gun use benefit our community.”

Jim Bowdish, Larry Crary, Mike Crary, Scott Turnbull, Jim Menendez, Deborah Sanders and Linda Weiksnar represented the law firm at the dinner-auction. Their guests were Judi Crary, Jenny Bowdish, Rodney Carden, George Sanders, Richard Charette, Dr. Hal Tobias, John Spatuzzi and David True.

Commissioner Doug Smith, George Sanders, Deborah Sanders, Linda Weiksnar and John Spatuzzi

Proceeds from the silent auction, live auction and event went toward gun safety and education programs. More than $9,000 went to the NRA.