The Law Office of Ryan Mitchell, PLLCThe Law Office of Ryan Mitchell, PLLC2025-03-31T14:00:18Zhttps://duplicate-3738105.findlaw6.flsitebuilder.com/feed/atom/WordPress/wp-content/uploads/sites/1604319/2021/07/cropped-favicon-mitchell512-32x32.pngOn Behalf of The Law Office of Ryan Mitchell, PLLC<![CDATA[What is Florida doing to enhance road safety in the state?]]>https://duplicate-3738105.findlaw6.flsitebuilder.com/?p=467862023-05-23T08:22:43Z2023-05-26T08:22:06ZFlorida’s “Share the Road” campaign is meant to educate and enlighten
Several state entities including the Florida Department of Transportation, Florida Highway Patrol and Florida Department of Highway Safety and Motor Vehicles are imploring drivers to “Share the Road” in May. This is the name of a campaign that is meant to show drivers the dangers they face and consequences for their actions.
A growing number of people are flouting the basics of traffic safety. That may include driving distracted, speeding, being reckless, driving under the influence of alcohol or drugs and other misbehaviors. Statistically, all methods of transportation leave people at risk for various reasons.
Motorcyclists are prominent in Florida. In 2022, there were more than 9,000 motorcycle accidents. Of those nearly 600 people lost their lives and just over 2,000 suffered injuries. It is important to note that May was in the top third for motorcycle accidents for the entire year.
Even those who decide to shun a motor vehicle are at risk. That includes bicyclists and pedestrians. Bicyclists had more than 7,100 accidents in 2022. In those collisions, 211 people were killed and 800 injured. Pedestrians had more than 10,000 accidents in 2022. There were nearly 1,400 serious injuries and 765 fatalities. Many accidents involve commercial vehicles, but any vehicle has the potential of causing a crash, frequently based on what the driver was doing.
Know the value of experienced help after being in an auto accident
Hopefully, “Share the Road” will be beneficial for road safety. Still, it is hard to envision a world where auto crashes are stopped entirely. When there is an auto accident, having local help can make a world of difference to know what strategies to take when considering a claim.
Since Orlando is where Disney World, Universal Studios and other attractions are located, accidents can happen to people who live in the state or are simply visiting with their family and friends. Discussing their situation with local professionals who are experienced, caring and knowledgeable can be key.
People’s lives can be upended in an instant when there is a crash. Suddenly, there is a long hospital stay, the need for rehabilitative care, an inability to work, being unable to contribute to a family and more. When there is a fatality, these problems are exacerbated with the family wondering what they will do to move on.
Gathering fundamental information is imperative from the start. That includes knowing the value of a case; how much treatment they will need; when to seek that treatment; having realistic expectations; addressing understated challenges like their emotional well-being; what not to do on social media and more. Having assistance is vital and this should be one of the first steps taken after a motor vehicle accident of any kind.
]]>On Behalf of The Law Office of Ryan Mitchell, PLLC<![CDATA[Five ways to build a more effective co-parenting relationship]]>https://duplicate-3738105.findlaw6.flsitebuilder.com/?p=467842023-02-27T08:17:23Z2023-03-02T16:53:19ZWhat can you do to improve your co-parenting relationship?
If you’re diligent and patient, there’s a good chance that you can strengthen your co-parenting relationship, which will take a lot of stress off you and ensure that your child’s best interests remain at the forefront. Here are some tips that you can utilize to build this crucial relationship:
Create a clearly defined schedule: Miscommunications about your child’s events and pickup and drop off times can create a lot of strife in your co-parenting relationship. That’s why it’s helpful to ensure that everyone has access to a shared calendar so that everyone is on the same page.
Be accommodating: If you want to strengthen your relationship with your child’s other parent, then you might want to think about being as flexible as possible with them. This may lead them to be more flexible with you. This giving of grace can go a long way toward building a positive relationship.
Avoid putting your child in the middle: Using your child to get back at the other parent is a manipulation tactic that causes harm to your child and devastates your co-parenting relationship. And this can occur even if you don’t intend to be manipulative. Therefore, you’ll want to be careful about what you say to your child about the other parent. Instead of talking negatively about the other parent, try to encourage your child to build a relationship with them.
Communicate: This sounds simple enough, but it’s actually one of the biggest issues in a co-parenting relationship. If you want to be on the same page as the other parent, then you have to be able to communicate with them. If you can’t talk to them face-to-face or over the phone without getting in an argument, then you might need to consider other modes of communication, like email or text message. Find what works for you and your child’s other parent.
Acknowledge the other parent’s strengths: This can be hard to do, especially if you and the other parent don’t get along, but by acknowledging the other parent’s strengths you may find that they feel more validated and are more willing to work with you. Just don’t go so far as to overinflate their perception of themselves to the point that it’s actually harmful to your relationship.
What do you do if you continue to have co-parenting issues?
If you continue to have co-parenting issues even after trying to sort them out in an amicable fashion, then you may need to take legal action to modify your existing custody order. This will require you to present evidence as to why a child custody modification is warranted, though, which is why it’s important that you retain communications with the other parent and have concrete examples of how their behavior has been negatively impacting your child.]]>On Behalf of The Law Office of Ryan Mitchell, PLLC<![CDATA[Why are bicyclists foregoing headwear?]]>https://duplicate-3738105.findlaw6.flsitebuilder.com/?p=467812023-02-10T07:52:04Z2022-11-21T17:18:23Zforego headwear represents a tragic trend. Children who are 17 and younger are least likely to wear helmets. Adult women are more likely to wear helmets than their male counterparts.
Startling statistics
Brain Injury Journal analyzed approximately 76,000 bicycle-related accidents occurring between 2002 and 2012. Shockingly, more than 75 percent of riders, from children to adults, do not have headwear that could provide the protection they need.
Findings from The National Trauma Data Bank came from tracking 900+ trauma centers and emergency rooms nationwide. Data reveals alarming yet less than shocking statistics. Foregoing protective headwear transcends both age and gender.
Specific statistics for non-helmet wearers suffering head and neck injuries in cycling accidents include:
Children at 88 percent
Adult men at 79 percent
Adult women at 72 percent
The underutilization seems to be sabotaging safety. Men, in particular, outnumber women in the category of most likely to have extended hospital or intensive care stays due to more severe injuries. More than a third of males lost their lives.
All men lost their lives due to a lack of protective headgear.
Education and free helmet programs can only do so much. While these solutions and interventions help, they can only go so far in creating headwear habits in Orlando and throughout Florida.]]>On Behalf of The Law Office of Ryan Mitchell, PLLC<![CDATA[What are PIP and PDL insurance in Florida?]]>https://duplicate-3738105.findlaw6.flsitebuilder.com/?p=467752023-02-10T07:52:10Z2022-09-23T14:24:46Zmore personal injury cases.
Drivers in Florida, just like in the rest of the United States, must be insured to be able to drive in the state. There are different types of required insurance and Personal Injury Protection, or PIP; and Property Damage Liability (PDL) are two types of insurance that are required by the state of Florida.
What do PIP and PDL cover?
According to Florida Highway Safety and Motor Vehicles, FHSMV, PIP covers 80% of what are considered necessary and reasonable medical expenses with a cap of $10,000. The coverage is for injuries and who is responsible for the crash is of no interest to the insurance company.
PDL coverage must be provided by an insurance company that holds a license to sell insurance policies in the state of Florida . The other way that the motorist can be covered is if they qualify for a self-insurance certificate that was issued by the FHSMV.
What are the requirements for motorists to obtain coverage?
There are several requirements in Florida when it comes to insurance coverage for motor vehicles:
The vehicle must have PIP and PDL coverage when the vehicle owner registers their vehicle.
Must have at least $10,000 coverage for both PIP and PDL.
Must have continued coverage, even if the owner is not driving the vehicle or if the vehicle is not working. The vehicle owner must give back the license plate before they cancel their vehicle insurance.
The owner must buy insurance coverage from an insurance company that has a license to conduct business in Florida.
The owner must maintain Florida insurance coverage as soon as the vehicle is registered, even if the vehicle is not yet in the state.
Different types of personal injury claims
There are different types of personal injury claims and the most common is personal injury as a result of a motor vehicle accident. If the person who has suffered the injury can prove that another person was at fault and was negligent, they have a good chance of receiving compensation for their injuries. Accidents that occur to a person while on another person's property are also way too common. If the property owner has not done their duty of care and, therefore, has been negligent, they are responsible to compensate the injured person for their injuries.
Sound advice from an Orlando personal injury attorney
If you have suffered a personal injury as a result of a motor vehicle accident, it is probably a good idea to consult with a personal injury attorney in the Orlando, Florida, area. The attorney can help you to understand the process and can show you which steps to follow while protecting your rights and hopefully receiving the compensation that you need and that you deserve at the same time for a brighter future.]]>On Behalf of The Law Office of Ryan Mitchell, PLLC<![CDATA[How does Florida time-sharing work if I need to move?]]>https://duplicate-3738105.findlaw6.flsitebuilder.com/?p=467522023-02-10T07:52:14Z2022-08-15T20:28:33ZFlorida’s law, you should also make sure to review your court orders if you thinking about moving.
Florida’s law only applies to moves greater than 50 miles from where you lived at the time of the last time-sharing order. You may better understand “time-sharing” as child custody, parenting time, or visitation.
You are allowed to visit another location for up to 60 days with your child, although you may still have to follow other time-sharing orders. In some circumstances, you temporarily move for a longer time without having to follow the law.
Perhaps the easiest way to follow the law is for you to get the other parent to sign a written agreement about the move. The agreement should also set out a new time-sharing schedule, including who will provide transportation, if that is necessary.
Otherwise, if you need to move, you will need to file a petition asking the court permission to relocate and serve the petition on the other parent. If the other parent does not object in time, courts will generally enter an order permitting the move.
If the other parent objects, the court will have to hold hearings and decide whether it is in the best interest of the child to move. At least initially, it is up to you to prove moving is in your child’s best interest.
Relocation proceedings often have high stakes
Like other parents in the Orlando area, you may be moving for any number of good reasons, such as a job opportunity or family needs.
You may even be moving to escape a difficult or even dangerous situation. In any case, you certainly would not want to have to choose between moving alone and raising your children in a place you do not wish to live.
Lest you be tempted to ignore Florida’s law and move without permission, the potential consequences for violating the law can include being forced to return, financial penalties and having the court prohibit your move in the future.
If the other parent protests, getting permission to move from the court is going to require you to build a convincing legal case. You may wish to have professional assistance with doing so.]]>On Behalf of The Law Office of Ryan Mitchell, PLLC<![CDATA[Are there unique child custody issues in same-sex divorces?]]>https://duplicate-3738105.findlaw6.flsitebuilder.com/?p=467492023-02-10T07:52:18Z2022-08-05T15:32:33Zchild custody in Orlando, Florida, same-sex divorces.
Legal underpinnings
The law underpinning child custody is built on the idea of traditional marriage, biological parentage and adoption by a “mother” and “father.” For this reason, child custody for same-sex couples can have issues that parents in an opposite-sex marriage do not face.
Biology
First, the law favors the biological parents over all others. In a same-sex divorce, this can have consequences when only one spouse is a biological parent. That parent may get special treatment, even if the other spouse is the Orlando, Florida, adopted parent.
Mother biases
It is often stated that mothers have an advantage in Orlando, Florida, child custody cases, but over the past few decades, the courts have stopped this practice. However, the perceived mother bias is still, at least, anecdotally, an issue.
This can play out in a lesbian divorce where one mom is the biological mother, who inexplicably receives primary custody. Some judges may be explicit too, citing the additional time that the mother spent with the child in the womb or some other biological reason for the preference.
Surrogacy and adoption
Surrogacy and adoption issues plague all divorces that have children through surrogacy and adoption. However, for same-sex couples, depending on how they designed their surrogacy and adoption, they may face unique challenges.
For example, some same-sex couples mix their reproduction items together or randomly select samples to start the embryo. Some even bring in their family members for biological donations to ensure that the child is related to both parents. Of course, with each step, the legal issues grow.
Solve these problems before divorce
For our Orlando, Florida, readers in same-sex marriages, even if you are not thinking about divorce, solve these problems now. Make sure that adoptions have been finalized to ensure that both parents have legal rights.
Draft a postnuptial agreement to establish child custody and rights now, while you are both still in love. We never know what the future will bring, but we do know that the decisions you both make now for the children may very well be different than during a divorce.]]>On Behalf of The Law Office of Ryan Mitchell, PLLC<![CDATA[Can I modify my child support order?]]>https://duplicate-3738105.findlaw6.flsitebuilder.com/?p=466852023-02-10T07:52:23Z2022-08-01T19:29:46ZHow to request a child support modification
If the circumstances of either of the child’s parents has changed since the child support order was entered, either parent may request a child support modification. A child support modification may be requested from the family law court or the relevant administrative agency.
When reviewing a request for a child support modification, the state reviews the financial information of both parents. If there is a substantial, permanent and involuntary change in circumstances, a modification may be granted. If there are other legal grounds to change the order, that may be reviewed as well. Whether or not the change is substantial can depend on how long it has been since the prior child support order was entered.
It is essential to remember that the existing child support order is enforceable until any change or modification is legally made.
Family law attorneys can help parents understand their options with child support orders. Whether you are a noncustodial parent who is looking to modify a child support order, or a custodial parent who needs to enforce one, it’s good to know your options.]]>On Behalf of The Law Office of Ryan Mitchell, PLLC<![CDATA[Understanding Florida’s commercial eviction process]]>https://duplicate-3738105.findlaw6.flsitebuilder.com/?p=466562023-02-10T07:52:27Z2022-07-25T08:07:42ZYou must provide proper notice
The commercial eviction process in Florida has several requirements and steps that must be followed. Florida law states that you must give notice to your tenant before beginning the eviction process. The amount of notice is tied to the reason for the eviction.
Evictions for nonpayment of rent require only 3 business days’ notice. If you are evicting for another reason, such as breach of a lease term, you must give 15 days’ notice.
Your tenant can try to fix the problem during the notice period, such as paying you the outstanding rent or taking action to correct the breach. If they do not, once the notice has expired, you may file your eviction complaint.
The eviction hearing
Your tenant has the right to respond to the complaint, and if you cannot reach a resolution, you will have a hearing. If you win at the hearing, your tenant will have a final 5 days to vacate your property. You may use a sheriff to lock them out of your property after that if they refuse to leave.
The eviction process is never pleasant, and most commercial landlords would prefer to never have to go through it. Many situations can be resolved. Your tenant can agree to leave, or you may agree to new tenancy terms.
When eviction is your best option, knowing the process is essential. If you miss a step, you may have to start the process all over, costing you time and money. It might help to speak with an attorney before starting the commercial eviction process.]]>On Behalf of The Law Office of Ryan Mitchell, PLLC<![CDATA[What’s one way to avoid construction business litigation?]]>https://duplicate-3738105.findlaw6.flsitebuilder.com/?p=466532023-02-10T07:52:31Z2022-06-30T14:08:48Zworkers, contractors, subcontractors, architects, engineers, developers, law firms, etc. And, with every interaction, contract or the swing of a hammer, business litigation can happen. But, there is one way to avoid business litigation based on construction worksite accidents.
When you hear about a dangerous condition, fix it
If you see a dangerous condition, block it off and then, immediately have it mitigated or eliminated. If a worker or other third-party lets you know about a dangerous condition, do the same, immediately. Though, in that case, you may need to assign that worker and their crew to a different construction task or alternative worksite. Do not force your Orlando, Florida, employees, contractors or subcontractors to work in dangerous conditions. That can cause litigation.
Workers can refuse to work
If a dangerous condition is extremely dangerous, your workers may be empowered by OSHA regulations to refuse to work. This will cause you construction delays that could lead to business litigation. And, if you retaliate against that employee, that could also lead to business litigation. This is why it is so important to mitigate or eliminate dangerous workplace conditions the moment you become aware of them.
Safety is key
Employers have a duty to provide a safe work environment, even on construction sites. Of course, they will never be 100% safe, but employers must endeavor to keep them as safe as possible and follow all federal, state and local safety regulations. Not doing so can cause unneeded delays, which will only lead to Orlando, Florida, litigation.
]]>On Behalf of The Law Office of Ryan Mitchell, PLLC<![CDATA[NHTSA: Traffic fatalities hit a 16-year peak in 2021]]>https://duplicate-3738105.findlaw6.flsitebuilder.com/?p=466502023-02-10T07:52:36Z2022-06-13T08:46:08Zestimate is a grim milestone for the country. The number of deaths is at the highest it has been since 2005. Furthermore, the number is a 10.5% increase over the almost 39,000 fatalities in 2020. This year marks the largest year-to-year increase since NHTSA began tracking such information.
One bright spot in the report was that the fatality rate per miles driven dropped ever so slightly from 2020.
However, in many other respects, the report suggested that we have a long way to go toward making our highways safer.
For example, both speeding-related and alcohol-related fatalities increased by 5%.
The report also suggested that motorists across the country, including in Orlando and the surrounding communities, could do a better job watching out for pedestrians. The number of pedestrian deaths shot up by 13% in 2021.
Large trucks were also often involved in traffic-related deaths. The number of deaths involving semis increased by 13%.
For its part, Florida saw a significant increase in fatalities. Only a handful of states reported that the number of fatalities on their roads had decreased or stayed the same.
Motorists who cause fatal accidents can be held financially accountable
The sad thing about these numbers is that so many fatal accidents are preventable. For example, the dangers of speeding are well-known, and there is simply no excuse for drunk or drugged driving.
Still, Florida drivers continue to engage in these risky behaviors, and they continue to kill people on the roads as a result. When these tragedies happen, it is only right that a grieving family should be able legally to recover their financial and emotional losses from those who are responsible for them.]]>