Archive for 'Frequently Asked Questions'

Q. “Should I sign the release form and take the check if my own insurance company offers it after I’m hurt in an accident?” A. “No,” says Ft. Lauderdale personal injury lawyer John M. Castellano … “and here’s why:”

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“Think about it … Whose interests are they protecting, yours or theirs? — Florida personal injury lawyer John Castellano

“Never, ever sign forms or releases with any insurance carrier or its representative, adjuster or investigator, without your lawyer first reviewing the form or “release” — even if the representatives are offering you a check or settlement money.”

“Do not speak with an investigator, adjuster or any representative of an insurance company — even your own, before consulting with your lawyer … ...

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Q. “Why am I facing a FELONY for driving with a suspended license?” A. Because you’re neglecting to tell us that this is NOT your 1st suspended DL charge, and I’ll share why your license is no doubt suspended for 5 years … ” — Ft. Lauderdale criminal defense lawyer John M. Castellano

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“It’s only a misdemeanor in Florida when you’re first charged with ‘driving while (DWLS) license suspended,’ but this offense is summarily upgraded or enhanced to the FELONY offense of ‘felony DWLS’ IF you’ve had a similar prior offense — and this is no doubt the situation with you, as evidenced implicitly by your question … and something else you need to be aware of: If you get convicted of three (3) of these DWLS offenses, you’ll also suffer, in addition ...

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Q. “I’m on probation and took my sister’s adderall just to focus more, but it showed in the random urine, drug test they make me take, but that’s not enough to violate my probation, right?” A. “WRONG! But there is a way out of this jam, and I will share with you the way,” offers Ft. Lauderdale criminal defense lawyer John M. Castellano

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“I will share with you the case law from the appellate courts in Florida as to violations of probation and what it takes to actually be in violation, but suffice it to say, the “violation” must be “substantial” and, at a minimum, it must have been “willful.” — Florida criminal defense attorney John Castellano

“Call me @ 954 766 8810 and I will give you the inside skinny on what conduct (act or omission) the courts are now saying is enough ...

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Q) “Can I be sued if some drunk leaves my house after a party, and kills someone in a DUI accident ?” A) Ft. Lauderdale wrongful death attorney and criminal lawyer John M. Castellano: “Yes, but only if … “

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I’m writing this answer from the experiential perspective of a  Ft. Lauderdale personal injury attorney:

“Yes, you WILL be sued, no doubt, if the deceased individual’s family hires a Florida wrongful death lawyer and they have any evidence to support the fact that YOU served alcohol in your home to the DUI driver.” — Ft. Lauderdale criminal defense lawyer John Castellano

“To be more precise and complete in this analysis, however, let me add a couple of conditions to this scenario for victory ...

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Q. “What if I’m partially responsible for what happened, and I’m told I’m negligent too, does this mean I can’t recover for my injuries in an accident, when the other guy was more at fault?” A. Florida trial lawyer John M. Castellano tells you straight:

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“Most people in Ft. Lauderdale know me as a Florida criminal defense lawyer and yet I thankfully get the opportunity to help families all the time in other types of cases, especially Florida wrongful death and Florida auto accident and personal injury cases.” Florida wrongful death lawyer John Castellano

“Regardless of what area of the law we tend to focus on and develop a reputation in, All Florida lawyers routinely answer questions and help people every week on a myriad of ...

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Q. “How much insurance coverage and money can I get, if the other driver was negligent and caused the auto accident?” A. Ft. Lauderdale auto accident lawyer John M. Castellano shares this truth:

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We help with Florida auto accident cases and Ft. Lauderdale personal injury cases too, and not only the criminal defense cases for which we’re more often known. In response to the question, I will share below some of the truth about insurance coverages, Florida auto accident cases and their development today, together with Florida personal injury cases too:

Motor vehicle or Florida auto accident cases are too frequent to count anymore, as you know. They are too often characterized by tremendous ...

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Q. “The other driver caused the auto accident and hurt me, so why do I have to go against my own insurance policy?” Florida personal injury lawyer John M. Castellano tells you the real deal:

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Florida personal injury lawyer John Castellano tells you the real deal:

“The sad and brutal truth is, the fellow who rears ends your vehicle or causes an auto accident that hurts you or your loved ones, will most likely NOT be insured.” — Ft. Lauderdale personal injury lawyer John Castellano

“It’s true, seventy (70%) percent of the drivers in South Florida are driving around on suspended drivers licenses, or even if they have a license, they’re driving without the requisite car insurance ...

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Q. “Wrongful death in Florida is a ‘civil’ case and NOT criminal, and someone will pay big money for being responsible?” A. “Yes, if these events prove to be true,” explains Florida wrongful death lawyer John M. Castellano :

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“The Florida wrongful death statute requires that any ‘beneficiaries’ (defined as the deceased individual’s kids, for example) be ‘under 25 years of age’– if there is no spouse (meaning that the dead person (‘deceased’) left ‘no spouse’ (I.e., (no husband or wife) at the time of the wrongful death.”

“This limitation as to the maximum age of the ‘beneficiaries’ (i.e., meaning those ‘survivors’ of the deceased person who may ‘take’ or recovery money in the wake of their family member’s wrongful ...

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Q. “What should I do if I go to trial and lose, and need to change lawyers for an appeal?” A. “Hire me, and we might be timely in immediately filing a ‘Motion for New Trial,’ and I’ll show you an example of one now.” — Ft. Lauderdale criminal defense lawyer John M. Castellano

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“When you call me at the office at 954 766 8810, I will make time to explain to you the difference between an ‘appeal’ and a ‘motion for new trial.’ Your Florida criminal defense lawyer or Florida appeals lawyer (known as an Florida appellate lawyer) will often file an appeal of your conviction and sentence in the trial court; but if your new lawyer is hired quickly enough (before the expiration of time provided in the Rules of Criminal Procedure), ...

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Q. “How can I help stay involved or help at all in my own defense with my lawyer in my own criminal case?” A. “There are ways, and let me tell you just a few right now,” explains Ft. Lauderdale criminal defense lawyer John M. Castellano:

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“You can get yourself drug tested a couple of times a week, as just one way to help in your own defense, assuming it’s a drug case, for example,” said Florida criminal defense attorney John Castellano. “Your lawyer can ‘humanize’ you with the prosecutor and the assigned judge — providing them with these consistent clean urines AND a host of character reference letters, as another example, perhaps with some recent certificates of achievement by the accused in his or her ...

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