FAQs

South Florida Firm Answers Common Legal Questions

Personal Injury

What can a personal injury lawyer do for my claim?
A personal injury lawyer will help you assess the value of your damages, conduct a thorough investigation, and negotiate with insurance companies.

Will my personal injury claim go to trial?
More than likely, no.  Roughly 95% of personal injury settlements are reached out of court.

When should I settle my personal injury claim?
You should settle when you and your attorney feel that the settlement offered by the insurance companies adequately compensate all of your damages.

Medical Malpractice

My doctor misdiagnosed my illness, can I sue for medical malpractice?
It depends on the circumstances.  A medical malpractice suit must prove substantial damages accrued as a result of the misdiagnoses:

• Loss of life
• Irreversible medical damage (i.e., disease progression)
• Permanent disability or disfigurement
• Substantial financial loss (i.e., cost of unnecessary medical procedures)

Can I sue a hospital for medical malpractice?
Yes.  You can bring a medical malpractice suit against any health care provider:

• Doctors
• Nurses
• Hospitals
• Clinics
• Surgical centers, etc.

Family Law

I want to spend more time with my kids, can I renegotiate my child custody agreement?
It depends.  Florida courts require the party seeking renegotiation to prove a substantial change in circumstances since the original agreement. 

My ex-wife lives with her new boyfriend, do I have to continue paying alimony?
Possibly. The court will examine the conditions of your ex-wife’s cohabitation and make a decision based on the nature of their relationship and financial interdependency.

Criminal Law

What is the difference between a felony and a misdemeanor?

• A misdemeanor is any criminal offense punishable by a maximum sentence of one year of incarceration. 
• A felony is a criminal offense punishable by a minimum of one year of incarceration.

Should I accept a “plea bargain”?
It depends on the circumstances of your case, it may benefit you to accept the prosecution’s offer, or, go to trial.  Always consult your attorney before accepting.

What is the difference between a “no contest” and “guilty” plea?
A no contest plea simply means you do not contest the charges against you, but it is not an admission of guilt.  A guilty plea is an admission of guilt.

Call the Vastola, Schulz, & Associates hotline, 1-877-VASTOLA, to discuss your south Florida legal questions.