Civil FAQs page 2

105 FAQs where found , 30 in this page

How can I lower my homeowner's insurance premium?

By using smoke alarms, sprinkler systems, security systems, deadbolt locks and others. Learn More

Is there any exclusion in the policy that I should know about?

All exclusions are specified in the policy. Some of them might be intentional loss, flooding, earthquake, damage resulting from war and neglect among others. Learn More

What is civil law?

Civil law is the law branch that covers disputes between individuals and organizations. In civil law cases, instead of punishing the wrongdoer, the victim receives compensation from the individual, group, or company causing such harm. Learn More

Who are the main parties filing a civil suit?

The plaintiff and defendant are the two main parties in a civil suit. The plaintiff is the person or entity bringing the lawsuit and the defendant is the one being sued. Learn More

Can the Statute of Limitations affect my case?

The Statute of Limitations is the time in which the case must be filed, which can vary from case to case, and it can be extended in some specific situations. It is important you consult a civil litigation attorney to determine your limitation period. Learn More

What are some alternatives to litigation?

Some parties may want to reduce the expenses and delay accompanying litigation, and may choose other alternatives such as negotiation, mediation, mini-trials, binding arbitration, among others. While many of these alternatives are quite similar, there are specific differences between them, therefore, you should consult an alternative dispute resolution attorney. Learn More

How are mediation and arbitration different?

These two legal terms have different meanings. Mediation is voluntary and it involves a mediator assisting both parties in reaching a settlement. The mediator will explain the alternatives available but will not impose a solution to the dispute. Arbitration, on the other hand, involves a third party who will decide the case. Learn More

What actions should I take when I am served with a complaint?

First, the defendant will find out what are the reasons why he or she is being sued for and when the complaint is due. There are only 30 days to give an answer to a complaint. You should hire a civil attorney immediately since you don’t have much time to respond. Learn More

Are there any important documents I should bring with me?

The main documents you need to bring are the summons and complaint. Sometimes these documents have errors that my cause your case to be dismissed. Other important documents included in civil law cases are electronic communications. It is important to consider the sequence of events since it can be tempting to lie. You can also create a list of potential witnesses that may know about what happened. Learn More

What is the protocol in court?

Only one person can speak and address the judge or the other parties present. You should be respectful at all times and address the judge as “Your Honor.” Learn More

How much notice Florida landlords give the tenant?

The state of Florida doesn’t have a statute of limitations on rent increase or change of terms unless specified in the rental agreement. In other words, the landlord must give the same amount of notice the states requires when ending the tenancy, which is 15 days. Landlords can’t increase the rent until the lease ends unless the contract specifies such increase. Learn More

Can I settle a landlord-tenant dispute without going to court?

Unfortunately, not all arguments can be solved with a conversation between parties. Some people may choose a mediator to help them communicate and come to an agreement. However, if you have tried to negotiate a landlord-tenant dispute and you aren’t getting the results you want, you need to speak with a landlord-tenant disputes attorney and figure out what’s the best course of action. Learn More

Should I give the notice to end the rental agreement?

The written agreement should include the amount of notice required. If there is no written agreement, appropriate notice will be seven days for weekly rentals or 30 days for monthly rentals. Learn More

What if the landlord doesn’t return the security deposit?

The landlord is expected to return the deposit, but sometimes this won’t happen. In such cases, tenants can try negotiating with the landlord or send them a demand letter. You can also take the issue to a small claims court in charge of security deposit disputes. Learn More

Can the landlord refuse repairs if I haven’t paid rent?

The property must be kept in good condition notwithstanding the tenants’ conduct. When you sign the rental agreement, the landlord should provide you with the contact information of the person in charge of repairs. Learn More

What should I do if the landlord doesn’t make repairs?

You should give the landlord written notice together with a warning that you will move out if the repairs are not made in two weeks. If the landlord doesn’t make any repairs, you are free to leave without paying any additional rent. However, this is only available to tenants whose safety is at risk due to problems with repairs. Learn More

Can the landlord enter the renter’s home at any time?

The landlord can enter a home without notice only in cases involving emergencies or repairs such as a broken water pipe, or a fire. Otherwise, tenants should be given a 24-hour notice. Learn More

Why is the lease or rental agreement important?

It is very challenging to agree without having a lease. As a contract that binds both parties to some rights and obligations, a lease can help both sides clarify things and solve disputes over specific terms. If things go wrong, you can file a breach of contract lawsuit. Learn More

What is a construction defect?

Construction defects are one of the most common causes of construction disputes. A construction defect goes beyond unreliable workmanship. It also involves flaws in the design, and materials or systems employed that caused damage to an individual or property. Learn More

Who is responsible for construction defects?

Construction defect claims may include multiple parties such as the developer, builder, and general contractor. These are the parties responsible for a construction defect. There are times when the architects and designers are also involved in the lawsuit. Learn More

What are the legal grounds to sue for a construction defect?

If you are a homeowner that found out a construction flaw, you can sue the negligent party citing a variety of legal grounds: - Negligence - Breach of contract - Breach of warranty - Strict liability Learn More

What should I do if a contractor bills me for more than the estimate?

While an estimate is just a projection of costs, the approximation should not differ significantly from a bill. In cases that involve inaccuracy or overcharges, you should ask a construction litigation attorney about your options. Learn More

Are oral contracts valid?

While a construction contract can be made orally, it is best if all agreements are placed into writing. It helps evidence the terms of the construction contract. Written agreements can be enforced for a more extended period of time than oral agreements. Verbal contracts reduced to writing are not enforceable. Oral contracts are more difficult to enforce mainly because you must prove its existence. Learn More

What’s the builder’s warranty coverage?

The builder’s warranty helps ensure that the project is completed as per specified set of standards. The warranty covers material and workmanship, and it lasts between one to ten years. It is entirely different from the homeowner’s insurance, which includes other damages. Ask a construction litigation attorney about your builder’s warranty. Learn More

Should I make any repairs while my lawsuit is pending?

You are required to make repairs to lessen any potential damages. However, it is best if you contact a construction lawyer Miami before making such repairs. Learn More

Who is liable for construction accident injuries?

A construction site can be a dangerous place. Therefore, measures should be taken to ensure the safety of construction workers. These cases can be complicated because of the multiple parties that can be held liable, including the construction site owner, contractors, subcontractors, manufacturers, suppliers, insurers, engineers and architects. Learn More

Can I sue for a verbal contract?

It is a bit difficult to prove a verbal contract without a written agreement, but it is possible. Just keep in mind that the other party may not be aware there was such a thing as a verbal agreement and much less that it was legally binding. That is why hiring adequate legal representation is so crucial. Your breach of contract lawyer can investigate and assess your situation, make sure your rights are adequately protected, and help you enforce the agreed upon contract. Learn More

Do all contracts have to be in writing?

There are only a few contracts that need to be in writing: real estate, marriage, financial agreements regarding paying someone else’s debt, contracts related to a person’s estate, or any contracts that may take longer than one year to complete. Learn More

Why should I get my contract in writing?

Contracts help both parties understand their responsibilities as stated in the contract. They can ask any questions they may have before signing the contract and consult a contract dispute attorney to determine whether the contract contains any ambiguities. Lastly, it helps the court knows the exact terms of the contract instead of relying on each party’s understanding of the terms. Learn More

Is an international contract legal?

A contract that requires illegal activities is not legal. There are some services and goods that are legal in one country and illegal in another. Therefore, the contract is unenforceable if the actions or good specified on the contract are illegal in the country the contract is executed. Learn More