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Who is Responsible For Injuries On a Cruise Line?

Sun, 02 Jan 2022 21:58:14 GMT

At the moment, it seems like the cruise line industry may have been permanently injured by the COVID-19 pandemic. The sad truth, however, is that plenty of customers have been permanently injured by the cruise line industry over the years. Slips and falls and other injuries are common on cruise lines, not to mention accidents where customers fall overboard. When you are on a ship in the middle of the ocean, who is responsible for injuries sustained?

The first concern, obviously, is for your own immediate medical safety . Most cruise lines have a medical bay. Make sure to be taken care of, and to make a record of everything that happens in the process. Depending on the injury, you may be flown via helicopter to the mainland. Most injuries, however, are sustained onboard, examined in the moment, and only show their true damage later.

Liability standards are different under maritime law than under standard United States mainland law. In order to prove that a cruise line is directly responsible for the injury you sustained while on their ship, you have to prove that the employees of the ship knew a condition was unsafe – or that they should have known. It has to be proven in court that these unsafe conditions, which should have been addressed, led directly to your injury.

Furthermore, many cruise lines have a limit on the amount of time a customer has to file a claim or lawsuit against them. When you sign up to ride on a cruise, you sign a contract. That contract normally has provisions that set a clear amount of time where you can file a lawsuit relating to an accident. The time period generally ranges from six months to a year, so make a point to address any injuries that happened aboard a cruise as soon as possible .

Of course, just because a lawsuit is filed does not mean it will resolve quickly. Sutton Law Group recently took part in the Easterwood vs. Carnival case, where we represented a woman who was injured falling on a cruise line deck in 2019. The case was finally resolved in 2021. Testing was done on everything from the deck to the woman’s clothing as part of the case, and security footage was examined revealing another customer had slipped earlier in the same way. Eventually, the Judge ruled in favor of the woman, which we were obviously relieved and happy to see.

Cruise line accidents happen just as often as any other accidents, but they are more complicated to deal with. If you have suffered an injury on a cruise line, contact Sutton Law Group right away! We are dedicated to your success .

How a Structural Building Violation Ended in a Major Court Case

Mon, 13 Dec 2021 21:53:51 GMT

In 2008 and 2009, John R. Sutton and Sutton Pomares Law Group PA worked on the case Worthington Communities Inc. vs. Mejia in the Florida Second District Court of Appeals. The case revolved around a construction worker who ended up paralyzed seeking damages from the owner of the site he was building. The case was of national interest, not only because of the tragic nature of the accident, but because of the law precedent it stood to set.

Here’s how the hierarchy of a construction project normally goes. The property that needs to be built is owned by an owner . The owner hires a general contractor to build the property. The general contractor then hires various subcontractors to complete the different jobs that need to be done on the project – such as plumbing, scaffolding, electric, etc.

Generally, if a construction worker gets injured on the job, they can only seek worker’s compensation benefits from their employer . That employer may be one of the companies that was subcontracted to do a specific job on the work site, or possibly even the general contractor. A construction worker cannot seek benefits from the owner of the property – since the owner is not directly involved in anything that made the work site unsafe and led to the accident.

Of course, there is a rare exception to the rule: when the owner is also the general contractor . In this case, the owner is operating in the position where they can create a dangerous environment that leads to construction accidents. It can also happen when the owner is not technically the general contractor, but is behaving as one for all intents and purposes.

In the case of Worthington vs. Mejia , the property owner of several condominiums was also acting as the general contractor for a construction project. A structural building violation led to a 3,700 pound bundle falling on one of the construction workers, Mr. Mejia, leaving him paralyzed. Mr. Mejia and his wife sued the property owner , arguing that his role as the general contractor left him responsible for creating an unsafe work environment.

The court agreed, awarding the Mejias damages of $6.5 million dollars. When Worthington appealed the decision, the court once again found him responsible (with the help of our fearless leader John R. Sutton.) This led to a major win and payday for the Mejia family, but also a new legal precedent. If the property owner cannot be sued for construction accidents, and the general contractor can be, when they are one and the same, they still get sued .

At Sutton Law Group, we know how dangerous construction accidents can be. We also know how valuable the damages can be to those victims of workplace accidents, in their time to heal and pay for recovery. If you have been injured in a workplace accident, contact Sutton Law Group today! We are dedicated to protecting your rights .

What Can Happen If You Violate OSHA’s Rules and Regulations?

Sun, 14 Nov 2021 21:47:04 GMT

The Occupational Safety and Health Administration, commonly known as OSHA , is a federal agency that focuses on keeping work conditions safe and healthy for employees across the country. To ensure that, they set safety standards, provide education and assistance in meeting them, and enforce them when they are not being met. They operate independently, but workers can also request their help when they feel unsafe in their workplace.

OSHA enforces their work condition standards by charging hefty fines to workplaces who violate them and endanger their employees. These fines are not empty threats. In 2018, OSHA reported that over 31,000 fines had been issued for safety violations, costing employers over $400 million dollars. The health, safety, and rights of employees are not taken lightly.

The most common violations of OSHA’s rules are failure to prevent falls in the workplace, failure to keep workers on scaffolding safe, failure to communicate potential hazards, failure to ensure safety on ladders, failure to contain hazardous materials, failure to protect machine operators and truck drivers, and failure to contain toxic chemicals that can lead to respiratory problems.

When it comes to violations, they are often (but not always) categorized into one of six “types” by OSHA:

De Minimis: A violation that is technical in nature but would not affect the safety of anyone involved. These violations are typically not fined.
Other Than Serious: A violation that could result in harm to health and safety but would not lead to injury or death. These violations could result in fines of $13,653.
Serious: A violation that could result in serious harm to health and safety but has not been corrected by the employer. These violations could result in fines of $13,653.
Willful: A violation that could result in serious harm to health and safety that was intentionally made by the employer. These violations could result in fines of $136,532 and jail time.
Repeated: A violation that could result in harm to health and safety that was already fined by OSHA or is very similar to a violation that was already fined by OSHA. These violations could result in fines of $136,532.
Failure To Abate: A violation that could result in harm to health and safety that has not been fixed since being fined by OSHA. These violations could result in a fine of $13,653 per day until they are fixed.

As you can see, following OSHA’s rules and regulations are extremely important – both for the health and safety of your workers, and for your company’s pocketbook. Even more damaging, an OSHA violation can harm and potentially destroy your reputation. For help making sure your business is up to OSHA’s standards, contact Sutton Law Group today! We are dedicated to your success.

It’s Not Weird Anymore: The Truth About Premarital Agreements

Thu, 14 Oct 2021 21:43:13 GMT

For years, the common perception about Premarital Agreements was that they were niche at best and damning at worst. A Premarital Agreement, sometimes known as a Prenuptial Agreement or a “Prenup,” is a legal contract created between two fiancées that dictates the ownership of their individual assets should the marriage fail. In the last decade, they have gone from relatively obscure to commonplace – so it might be time to reevaluate what we think that we know about them.

We hear weird rumors all the time, but working in the legal industry, we know the actual truth. Here are 6 lies that we often hear about Premarital Agreements, and the truth behind them:

They Are a Warning Sign

Some people say that making a Premarital Agreement means that you are considering divorce before even getting married. If that was the case, you would have a justifiable reason – fifty percent of first marriages end in divorce, and the numbers only go up for seconds and thirds. However, most couples choose to get a Premarital Agreement because they care about each other and they want to protect their partner from being saddled with debt or losing their beloved pet.

They Are Taboo

Maybe they were in 2003, when the Harvard Gazette claimed only ten percent of engaged couples got one. In 2018, Arlene Dubin stated that the amount of Premarital Agreements had increased fivefold in the last decade – and it has only increased since then! You don’t need to feel weird about mentioning it to your fiancée. For plenty of couples, it is now just another aspect of wedding planning.

They Are Just For Rich People

While some couples may want a Premarital Agreement to protect their own substantial assets, that is not normally the case. Couples are getting married older than ever before, which means they are coming to the marriage with their own property, investments, and even debt. Premarital Agreements are a way of protecting yourself for all types of people, not just those with off-shore bank accounts.

They Are Just To Prepare For Divorce

Premarital Agreements cover more than just the division of property. They can also help start conversations about having children, the importance of family, and any uncomfortable income gaps between fiancées. Plenty of people use a Premarital Agreement just to protect their spouse from inheriting their student loan debt. The best thing that a Premarital Agreement does for all couples is start a real, substantial conversation about finances and the future.

They Don’t Actually Work

At some point, a rumor was spread that Premarital Agreements do not hold up in court. Quite frankly, if they were not legally binding, we would not make them. While they may not be able to cover everything that a divorce can, rest assured that Premarital Agreements are binding legal documents.

You Can Make One Yourself

Here is the most dangerous lie: that making your own Premarital Agreement, from an online template or just from scratch, is a good idea. DIY Premarital Agreements end up amounting to a waste of time for everyone involved. This is one area where you want to leave it to the professionals.

Get the Help You Need

Here’s the great news about Premarital Agreements: they strengthen your relationship, they protect your family, and they’re not weird anymore! Maybe they never were to begin with. Don’t get married without planning for the future, and don’t leave discussing a Premarital Agreement until the last minute. To create your own, contact Sutton Law Group today! We are dedicated to your success!

Start Saving Now: 6 Tips To Help You Financially Prepare For Divorce

Wed, 22 Sep 2021 21:39:56 GMT

No matter what financial situation you are accustomed to, things will be different after a divorce. There are many life changes that come with a divorce – in living situation, emotional spectrum, and social life – but one of the changes that affects people most deeply are the major financial changes.

If you are considering or starting the divorce process, one of the best things that you can do is to prepare yourself for the incoming financial changes. Here are our 6 tips to help you financially prepare for life during and after divorce:

Assess Your Situation

The best starting point is simply to track what your actual income is (as in, all on your own) and what your current expenses are. You don’t have to start off by making an intense budget (although that always helps,) but simply being aware of your exact current financial situation puts you leagues ahead of most people starting the divorce process.

Decide What Expenses You Can Live Without

Getting a divorce means spending a lot more money than you are used to and simultaneously receiving less income than you normally do. That means that any expenses you currently have which you can cut will be a major boon to you. You might be surprised what you can live without. After a few weeks, you might not even miss things like eating out at lunch, subscribing to multiple streaming services, or paying extra for delivery.

Collect Documents

Financial documents that prove both spouse’s total income – such as tax returns, bank statements, credit card statements, and paystubs – are essential to the divorce process. Lawyers can request them and receive them in time from your spouse, but if you are in a place where you can gather their documents yourself, it could help expedite the process. Make sure to collect your own financial documents as well, as far back as you can.

Give Yourself Some Credit

Having good credit is important for making major life purchases like a house or a car, and getting a divorce tends to plummet your credit score. Consider using one of the many free services that allow you to regularly check your credit score and offer suggestions for improving it. If you have any purchases that are currently improving your credit, try to keep them in your name during the divorce.

Don’t Make Any Major Purchases

A good rule of thumb is to treat your finances during a divorce like someone else is watching every penny that you spend and determining if it was necessary or not – because they are. Trust us, the divorce process is not the time where you want to finally cut loose and buy that boat. Making any major purchases will not only hurt your financial life, it will alsoreflect negatively on your side of the divorce.

Ask For Help

Divorce is a major step, and it should not be taken lightly. Making financial preparations can be the difference between thriving and surviving! Contact Sutton Law Group today to speak to someone who will be happy to help you with any of your questions. We’re here when and where you need us!

Wills vs. Trusts: Which is Right For Me?

Mon, 16 Aug 2021 21:36:04 GMT

You want to preserve your legacy for your loved ones and reduce undue taxation on your estate. Is a Will or a Trust the best way to do that?

There is no set answer. The best Estate Planning tool for you will depend on your circumstances and your goals for the future. In this blog, we explain the pros and cons of Wills and Trusts so you can determine which one is a better fit for your priorities.

Wills Explained

A Will is a fundamental Estate Planning document. You can use it to:

Specify how you want your assets distributed after your death
Name beneficiaries
Appoint a guardian for your minor children
Impose conditions on inheritances (For example, your son will only get your vintage wine collection after he turns 21)

After you pass, your Will goes through a structured, court-supervised probate process. Probate can be expensive and time-consuming, especially if anyone challenges it. Once the court determines that the Will is legal and valid, your executor (the person you appoint to administer your estate) will pay your outstanding debts using estate funds before distributing assets to your beneficiaries.

If you have minor children, you will definitely want to make a Will, as you cannot use a Trust to designate guardians for them. A Trust can manage their inheritance for them until they reach legal age.

Trusts Explained

Living Trusts are legal entities created solely to protect your estate and (depending on how it is set up, your own future) There are two main types: Revocable and Irrevocable. Unlike Wills, Trusts are private, so you don’t have to worry about your estate details becoming public record. You can appoint someone to take care of your Trust property if you become incapacitated.

Revocable Living Trusts

By establishing a Revocable Living Trust and transferring assets into it, you can manage the property during your lifetime and designate a representative to distribute it to beneficiaries after your death. Since you still have control over the contents, however, a Revocable Living Trust will not protect your estate from creditors or lawsuits.

Irrevocable Living Trusts

With Irrevocable Trusts, you relinquish all rights to the assets transferred into the Trust. As soon as the written terms are established, they cannot be revoked or changed for any reason (hence the name.) Advantages include:

The property is not regarded as part of your estate, thus avoiding estate taxes
Trust contents are protected from creditors and judgments
You no longer legally own the assets, so you can qualify for Medicaid assistance

Trusts are more complicated and expensive to set up than simple Wills, but for many people, the protection they offer is worth the time and cost.

Get the Help You Need Today

There is no right or wrong answer to the question of choosing between a Will and Trust. At Sutton Law Group, we will go over the particulars of your estate and put together a plan that works for you. Contact Sutton Law Group today to get started! We are dedicated to your success.

How to Recognize Credit Discrimination Against Your Florida Business

Sun, 18 Jul 2021 21:33:02 GMT

Using your credit score to gain access to loans your Florida business’s operations, property, or marketing does not occur in a vacuum. Loan officers are people and, by extension, are imperfect beings with biases and prejudices. This is not to say that most or even a significant number of these financial personnel have deep-seated prejudices. However, there is a good reason for laws, such as the Equal Credit Opportunity Act and Fair Housing Act (“ECOA”), that seek to reduce the effects of discrimination relative to the extension of credit.

The ECOA aims to prevent discrimination in lending, while the Fair Housing Act’s primary purpose is to provide victims of discrimination in real estate transactions with a path to legal recourse. Because a mortgage is one of the most common types of loans, the Fair Housing Act figures heavily into mortgage lending.

Three Main Types of Credit Discrimination

According to a policy statement from the Federal Deposit Insurance Corporation (FDIC), three prominent classifications of credit discrimination make up the vast majority of cases. They are:

Disparate treatment — A lender treats an applicant differently from another applicant due to his or her membership in a protected class (more on that below).
Disparate impact — A policy or rule of a lender disproportionately affects a protected class even though the policy or rule facially applies to everyone.
Overt discrimination — A lender engages in blatant discrimination against someone in a protected class. For example, hearing a representative of a lender say, “We don’t usually offer mortgages to people who look like they’re from the Middle East” should trigger such a concern.

What Is a Protected Class?

In the eyes of the law, you generally must be part of a protected class in order to be the victim of discrimination. For the purposes of mortgage lending, you cannot receive unfair treatment based on your:

Race
Religion
Marital status
Color
Sex (including, generally, gender identity and sexual orientation)
Age (as long as you are an adult)
Status as a recipient of public assistance

What are Common Signs of Credit Discrimination?

There are numerous symptoms of discrimination when dealing with lending institutions; some common ones are:

Being offered a loan at a higher interest rate than the rate for which your credit score should qualify you.
The changed demeanor of a loan officer when you meet in person after speaking over the phone.
Being denied credit without an explanation or instructions on how to find out the reason for your rejection.

What Should You Do If You Suspect Discrimination?

Check online to see if the lender has an avenue for you to lodge a complaint. If you don’t feel comfortable presenting the company with your complaint, contact your state’s Attorney General to see if any state laws were broken. A good option is to submit a complaint with the Consumer Financial Protection Bureau .

Record as much as possible – emails, phone calls, names, dates, etc – regarding your interactions with the lender. At Sutton Law Group, we want to see your Florida business succeed. Contact Sutton Law Group for help with any Florida commercial business litigation needs. We are dedicated to protecting your rights!

5 Ways to Be a Better Coparent During the Summer

Tue, 15 Jun 2021 21:29:49 GMT

When summer break and activity schedules suddenly have to align with regular visitation, it can be difficult to keep track of everything. The summers are a time for family and fun, and when those things look different than they used to, it can be hard to adjust. You may be asking yourself: How do I coparent during the summer? The answer, of course, is: the same way I do the rest of the year. It just doesn’t always seem that simple.

Here are five ways that can help you handle coparenting during the most exciting time of the year:

1. Set your expectations realistically. The summers aren’t intrinsically any different from any other time of the year. Your kids may be tired, hungry, or cranky sometimes. When your time with them is limited, it can feel like you need to make every moment the best moment of their entire lives. It’s essential to remember that the most important thing is family spending time together, not what they do while they’re spending it. It isn’t always going to be perfect.

2. Make a plan. The best way to avoid surprises is to make a plan for the summers ahead of time. This does not have to be everything you plan on doing and eating every day of the summer. Rather, it should be which days you have your kids and which days your ex will have them. Even if you’re not a planner, having this set down ahead of time will help relieve your stress.

3. Communicate! Sharing a plan should come right after making a plan. If you have set visitation days, make sure you know ahead of time when and where the kids will be picked up and dropped off. If anything changes with those plans, like running late or a location switch, communicate that as soon as you know it. You may not want to talk to your ex at all, but clear communication actually leads to establishing firmer boundaries between you.

4. Take a moment for yourself. The summers are about family, but don’t forget about yourself in the process. Don’t try to make every meal yourself. Don’t try to spend every minute entertaining your kids. Don’t sacrifice more of your sleep than you can handle. In the chaos of fun family time, remember to set aside time to feel at home in your own body.

5. Keep your children out of the issues. Even with the best planning, things don’t always go perfectly. If there are issues between you and your ex, remember your kid should stay uninvolved. They don’t need to pick a side or be waged like a chess piece in the middle. Even the most respectful relationships have moments of conflict, but try not to pass those feelings onto your kids.

Coparenting over the summers isn’t always easy, but remember that it all leads to more quality family time with your children. At Sutton Law Group, we are dedicated to your success. If you are going through a divorce or need any family help in Florida, contact Sutton Law Group today!

What if a Florida Business Receives a Notice of Intent to Deny?

Mon, 17 May 2021 21:25:57 GMT

In Florida, businesses and professionals who are licensed by state agencies need to hit specific requirements in order to operate. At Sutton Law Group, our work in Florida commercial business litigation lets us see many of these requirements up close. As a part of Florida law, you have to acquire and maintain a license . If your application does not include all the required information, you may receive a Notice of Intent to Deny.

If you do not include all of the information that the relevant agency needs, they will send you notice of an incomplete application within 30 days. You should address that letter as soon as possible. Consulting with an attorney is the best way to make sure that you send what the agency needs. Not responding to that notice within the next 30 days means you will likely receive a Notice of Intent to Deny (NOID). If you receive a NOID, you have 21 days to respond from the time you receive it.

Formal vs. Informal Hearing

Assuming you respond to the NOID within the required time frame, you can request either a formal or informal hearing with the Florida Department of Business and Professional Regulation (or other applicable agency). Not responding to your NOID within 21 days means your professional license will likely be canceled . Determining which route you should take depends on your particular situation. An experienced attorney will be able to point you in the right direction.

Formal Hearing — This functions much like a trial in civil or criminal proceedings. You and your attorney will be able to gather evidence and, if necessary, letters of reference. You and your attorney can introduce evidence and call witnesses before the hearing officer, who will ultimately make a recommendation to the professional agency.

Informal Hearing — If you choose an informal hearing, you effectively admit to the reasons your application or renewal was denied. So, what’s the point of an informal hearing? You can argue that you deserve a lesser punishment or approval of your application if you fulfill certain obligations.

Don’t Respond to a NOID Without a Lawyer

If you have received a NOID (or even a notice informing you that your application or renewal was incomplete), you are in a precarious position with the professional agency that oversees your licensing. Even the slightest procedural misstep could mean permanent loss of your license and livelihood.

At Sutton Law Group, our work in commercial business litigation helps Florida businesses minimize the costs and risks they face. If you or your business is dealing with an issue, contact Sutton Law Group today. We believe in protecting your rights, and we are dedicated to your success .

How Can I Get Full Child Custody in Florida?

Mon, 19 Apr 2021 21:19:45 GMT

A parent’s first thought when they are entering a divorce is normally of their children. Most parents are accustomed to spending every single day with their child. The idea of that changing can be terrifying. Most parents are resistant to the idea of sharing time, which is why one of the questions that we receive most often is “How can I get full sole custody of my child?”

Let’s start here: there is no such thing as full child custody in Florida. In fact, there is technically no such thing as “child custody” in Florida. Somewhat recently, Florida revised their child custody process in order to better meet the “ best interests ” of the child. Central to those best interests is having both parents in their life.

There are two important factors outlined in all child custody cases in Florida: Parental Responsibility and Time Sharing. Parental Responsibility is the ability to make major life decisions about the child, such as where they will go to school, how they will spend their time, and any medical issues. Parent Responsibility is almost always awarded jointly to both parents regardless of anything else. It allows both parents to make decisions for their child and requires them to keep the other parent informed.

Time Sharing is Florida’s version of what most people think of as Child Custody. It refers to the amount of time that the child spends with each of their parents . This system was created to replace an older system that chose a “primary” and “secondary” parent, in an effort to eliminate mother favoritism in the court. Time Sharing is chosen as part of the overall Parenting Plan that is created when a couple gets divorced.

Time Sharing is awarded to both parents, in keeping with the guiding principle of a child’s best interests. In Florida, a parent cannot be completely shut out of their child’s life. If there is a legitimate safety issue with the child visiting their parent, the court may choose to deny overnight visits with that parent or require all time spent together be supervised. These provisions are only for extreme circumstances . Generally, Florida works hard to let both parents spend time with their children.

When it comes to child custody, the reality is that there is no such thing as sole custody in Florida. There are, however, still opportunities to navigate Time Sharing to get the most out of it. For any help with family law or child custody, contact Sutton Law Group today. We’re here when and where you need us!

What Does a Real Estate Title Search Do?

Sun, 21 Mar 2021 21:14:49 GMT

Anyone who has been through the process of making a real estate transaction knows how difficult it can be. Every time you think that you are in the clear, another hurdle can pop up that you have to deal with. This is certainly true of both selling and purchasing, no matter if it is a new home or a commercial property. One of the most important processes that happens when you are ready to move towards closing is the title search .

The property title defines who has legal ownership of the property in question. In a real estate transaction, the seller holds the property title and the buyer will take it over once the transaction is finalized. The issue with the process is that the property title is not always one hundred percent accurate. It may be missing updated information on the property, or not accounting for its entire history.

This is where the title search comes into play. A title search is a comprehensive look at every document that has ever concerned the property in question. It is completed by the real estate attorney working with you during the transaction. They are searching for any unaccounted-for issues that might call the ownership of the property into question. A title search is always in the buyer’s best interests, because if the seller does not actually possess full ownership of the property, then neither will the buyer after the transaction is complete.

The title search could find a number of things. The most common issue is outstanding liens against the property. These could be for unpaid contract work on the house, unpaid IRS taxes on the property, or even unpaid Home Owner Association fees. They may not even be from the current owner, but from several owners back. If the property has any of these outstanding unpaid fees against it, it can be argued that someone still owed money still owns a piece of the property.

Another common issue is ownership disputes over the property. In certain cases, the seller you are working with could turn out to be a renter. A title search may also reveal that the house is actually co-owned by a sibling or spouse, maybe as a result of being left to someone after the original owner’s death. If you only have one of the owners sign the property over to you, then the other owner still has a claim to the property.

Getting a title search is one of the most important processes in the real estate transaction process. Even if it seems unimportant, title search results account for ten percent of all delays in the transaction process. You don’t want any surprises. For a reliable real estate attorney who will leave no stone unturned, contact Sutton Law Group today. We’re here where and when you need us!

5 Reasons to Get a Prenuptial Agreement

Wed, 17 Feb 2021 21:12:09 GMT

Prenuptial Agreements were once seen as something for celebrities or serial daters on their fifth marriage. Over the past decade, it has become commonplace. As people are waiting longer and longer to get married, they are coming into marriage with more of their own personal life in place and are looking for ways to preserve that. A Prenuptial Agreement addresses what would happen if you and your partner were to ever break up. Originally considered to be a warning sign, it is now seen as a great starting point for important conversations that should happen before getting married.

If you are getting married, then you should also be getting a Prenuptial Agreement. No matter your situation. Here are our 5 reasons to get a Prenuptial Agreement:

Get a Clear Financial Picture. Having the conversation about Prenuptial Agreements allows both you and your fiancé to start having discussions about your financial situations. Most people get married for love, which can lead to them never even talking about something that will be a huge part of their lives going forward.

Divide Your Debt Accordingly. If one partner has massive amounts of debt – which is more and more likely considering the state of predatory student loans – then their partner is inheriting that debt by marrying them. In a Prenuptial Agreement, you can decide upfront that the debt will stay attached to who took it out in the first place and not end up the responsibility of someone who had no involvement in it.

Keep Your Investments. This is a positive discussion to have! If one or both of you are making investments or interested in it in the future, making a Prenuptial Agreement allows both of you to keep full interest in your own investments and not lose some of it to your partner. This is a great way for both of you to focus on what you are passionate about.

Addressing Income Disparity. If one fiancé makes significantly more money than the other, making a Prenuptial Agreement will allow you to have the conversation about what that means going forward and what could potentially happen in the future. This is obviously helpful in the rare “gold digger” situation, but much more commonly just a practical way to address obvious differences between the two.

Making a Plan For Children. It isn’t all about money! Making a Prenuptial Agreement allows you to start to have the conversation about children and about what roles each parent should undertake in raising them.

Ask For Help! Making a Prenuptial Agreement is important, and you don’t want to save it for the last moment before you walk down the aisle. Contact Sutton Law Group today to get started having the important conversations with your fiancé. Love isn’t just passion, it’s preparation and devotion too. At Sutton Law Group, expertise meets perseverance!

5 Tips for Avoiding Construction Disputes

Tue, 19 Jan 2021 21:12:07 GMT

You want to avoid a construction dispute at all costs. A single dispute can escalate quickly to the point of legal action. One dispute can turn a profitable job into a financial loss. They can ruin a hard-working company’s reputation. They are stressful for every single party involved.

More often than not, construction disputes can be avoided with a little bit of forethought and a lot of communication. Keep in mind that every party just wants to do their job and be happy with the end product. Here are our 5 tips for construction companies that want to avoid any potential disputes:

Take Jobs You are Qualified For. This one falls on the contractor or company’s shoulders. Make sure you clearly understand the job you are signing up for before you take it, and that it is one you are capable of doing. Don’t jump from building a playground to building a skyscraper. It will pay off in the long run to not overextend yourself.

Double Check the Contract. The key to making sure everything is correct with your construction job is carefully drafting the contract. Make sure it clearly states everything anyone needs to know about the job and includes provisions for any possible outcomes. Seek legal help in double-checking the thoroughness of your contract before having anyone sign it.

Make a Realistic Schedule. Your construction schedule should be realistic and allot for time lost to unexpected challenges. Disputes can easily arise from shortsighted schedules intended to impress a business into working with your company. If you think it will take you two weeks to complete a job, consider telling them it will take three. You never know what is going to come up.

Manage Your Managers. Delegating your workload is a great way to get more done. Assign project managers and make sure they are properly trained to ensure success. These project managers can be on the lookout for any potential issues that could lead to disputes. These can get nipped in the bud before they worsen.

Stay Up To Date. One of the absolute most essential ways to avoid disputes is to communicate clearly and often. Keep anyone involved with the project up to date on how it is going. If there are any changes to the schedule, or signs of any issues, communicate those as early as possible. This is a great way to show everyone involved that you are serious about the outcome of the project.

Construction disputes are terrible to deal with, but they are almost always avoidable. Make sure to clearly draft your contract and communicate as much as necessary to protect yourself from legal trouble. For any issues with disputes, or if you were injured on a construction job, contact Sutton Law Group today. We’re here when and where you need us!

Comparative vs. Contributory Negligence: Understanding the Difference

Sun, 06 Dec 2020 20:45:40 GMT

Most people know what the word negligence means, but if you are pursuing a personal injury lawsuit, you are likely discovering that there are multiple types of negligence in the court of law. In order to win your case, it will typically be necessary to be able to establish negligence in the other party. This is why it is important to understand the difference between comparative negligence and contributory negligence and which one will apply in your case.

What is Comparative Negligence?

Comparative negligence is when the courts will work to determine how much each party is responsible for an injury. If they determine that you are 25% responsible and the other party is 75% responsible, they will assign damages based on that. For example, if the courts would have awarded you $100,000 for your injuries related to a car accident, but they found that you were 25% responsible for the accident, you would only receive $75,000.

There are two distinct types of comparative negligence that you should be aware of. They are:

Pure Comparative Negligence – This is where the courts will determine your exact percentage of negligence and apply that to the damages. Whether you are 0% at fault, or 99% at fault, you can receive damages.
Modified Comparative Negligence – In this type, the courts will determine your level of negligence. If it is above a certain threshold (usually 50 or 51%), then you are entitled to nothing as you were the primary cause of the injury.

What is Contributory Negligence?

When dealing with personal injury cases, if the concept of contributory negligence is used it will mean that you need to show that the other party is 100% at fault for your injury. If you contributed to the injury in even a small way, they would not have to compensate you for the injury. For example, if you were rear ended in an auto accident, but the other party can show that one of your brake lights was out, you would be entitled to nothing. Even if they were driving too fast for conditions and not paying attention, the fact that your brake light may have contributed even a small amount to the accident means you would be entitled to nothing.

Which Applies to Florida Personal Injury Cases?

The state of Florida is a pure comparative negligence state, which means that you can win your suit even if you had a significant role in your injury. When fighting in this type of lawsuit, it is important to not only establish that your injuries were caused by the event in question, but also minimize your level of negligence in the event. If you have been injured due to the negligence of another party, please contact Sutton Law Group to discuss your situation so we can help you throughout this important process.

Personal Injury Law 101: Types of Damages

Fri, 06 Nov 2020 20:17:18 GMT

Many of us don’t realize how much we rely on our bodies’ wellness until our health is taken away from us. When you’re injured, you lose so much more than you imagined was possible. Fortunately, if your injury was caused by someone else’s negligence, it is often possible to get repaid financially for your damages (otherwise known as what you have lost). Though no amount of money can reverse the damage done, it can still help you feel like you’ve reached a fair outcome and gotten justice for what you’ve been through. In this blog post, we are taking a look at the types of damages that you may be able to recover in your personal injury case. In general, damages can be split into two categories: economic and non-economic damages.

Economic Damages

The plaintiff (the person who has been injured) in a personal injury case can recover financial losses caused by the injury. These are easier to measure than non-economic damages and can include:
Medical bills : From hospital bills to follow-ups with your general practitioner, medical debt is no joke. You can often collect the amount you spent as damages.
Lost wages : Did your injury keep you sidelined from your job? You can seek damages for the amount you would have earned if you were uninjured and continued working as usual.

Non-Economic Damages

You may hear some people call non-economic damages “general damages.” By either name, this is the type of damages that includes less tangible losses. Let’s take a look at some examples:
Pain and suffering : From the excruciating feeling at the time of the initial injury to the nagging discomfort throughout recovery, you deserve to be compensated for the difficulty of what you have endured. This can also include the suffering caused by chronic pain you may be stuck with moving forward.
Humiliation and embarrassment : Do you feel disgraced and ashamed of what happened to you? Some injuries have a component of humiliation and embarrassment, which can be considered among your non-economic damages.
Disfigurement : This category can include scarring or loss of limb that impacts your ability to live the same kind of life moving forward as you did before you were injured.

Contact Sutton Law Group

At Sutton Law Group, we have extensive experience helping those who have been wrongfully injured get the justice they deserve. If you are ready to hold a negligent party responsible and collect damages, we are here to help. Contact our team today!