Areas of Practice
Personal Injury Law
If a person is injured due to the negligence of another, the injured victim may be entitled to medical treatment and monetary compensation for the injuries suffered as well as payment for time lost from work. Your spouse may be entitled to compensation due to the injuries suffered by a loved one and, in some instances, other dependant on the injured person may also be entitled to compensation.
The most common types of personal injury claims are motor vehicle accidents, slip and falls, nursing home abuse and medical malpractice claims.
Workers Compensation Law
Workers compensation is a creature of Florida Statute. As such, the legislature constructed the statute to place the responsibility of caring for the injured employee firmly on the employer's shoulders. Employers (and their insurance carriers) are typically responsible for caring for the injured employee, regardless of whether or not the employee could have avoided the injury. In return, the employee is required to report their injury to their employer within 30 days of receiving the injury, or after a medical doctor has related the injury to a work place activity.
Under Florida law, the Employer is usually responsible for providing care and treatment to the injured employee. In addition, if the work place injury prohibits the employee for earning wages, in whole or in part, the employer may be required to pay the employee a portion of the lost wages.
An employer cannot fire an employee for reporting a work place injury, nor for seeking benefits under Florida's Workers' Compensation laws. To do, so exposes the employer to penalties and sanctions and allows the employee to sue the employer in state court for wrongful termination.
Typical workplace injuries include muscle strains, herniated disks, carpal tunnel syndrome, hearing loss, broken bones, facial trauma and head injuries.
Debt Negotiation & Home Loan Modification
Are You Raiding Your Savings Just To Pay Bills? Are Bill Collectors Calling More Frequently Than Your Family and Friends?
For those who are completely overwhelmed by bad debt, debt negotiation is a great option for you. The job market is down and credit card interest rates are up. In this downward economy it is not unheard of for a credit card company to suddenly raise their rates without the consumer missing a payment, or having missed a payment over a year ago. If you cannot pay the new rate, you do have a few options. Two choices that a consumer does have is to negotiate the balance and settle out the account, or to file bankruptcy, depending on the over-all economic health of the consumer. During the debt settlement process, creditors often times agree to reduce the outstanding balance to 40% or less. Settlement therefore prevents you from being harassed by creditors and/or collection agencies. In addition to negotiating debt, home loan modifications are a necessity in some cases. We will assist in working with the banks in attempting to modify your home mortgage. In some situations, you may qualify for the home affordable program, and in other instances you may be eligible for the in house modification program.
While there are many companies out there advertising low cost bankruptcy and high cost debt negotiation services, only a licensed and experienced attorney can discuss in depth the pit falls and benefits of each potential action. Whether it is credit card debt, mortgage modification assistance, or bankruptcy, we will sit down and discuss what avenues of relief are available to you.
All initial consultations are free and you are under no obligation.
Bankruptcy Law
Brief Overview of Chapter 7 & Chapter 13 Bankruptcy*
What is Bankruptcy?
Bankruptcy is a legal method under which people, burdened by excessive debt, can obtain a fresh start and relieve themselves from their past financial problems.
Bankruptcy helps people avoid the kind of permanent discouragement that can prevent them from ever reestablishing themselves as hard-working members of society.
Anyone considering this course of action is strongly advised to seek the assistance of an attorney knowledgeable in the area of bankruptcy law.
Chapter 7 Bankruptcy
In a chapter 7, a trustee is appointed by the bankruptcy court. The trustee examines the debtor's assets which are divided into exempt and nonexempt property. Exempt property is limited to a certain amount(s) of equity in the debtor's residence (depending upon their length of residency in Florida), motor vehicle(s), household goods, life insurance, health aids, certain retirement plans, certain college funds, specified future earnings such as social security benefits and alimony, and certain other personal property.
If the Debtor has nonexempt property, the trustee may then sell the nonexempt property and distribute the proceeds among the unsecured creditors. In the case of a house or a car with a secured loan, the Debtor has the option of either agreeing to reassume the debt (continue to pay and keep the property) or to discharge the debt and surrender the property.
Thereafter, the debtor will be discharged from the legal obligation to pay unsecured debts (such as credit card debts, medical bills and utility arrearages). Please note, certain types of unsecured debt are allowed special treatment, such as student loans, alimony, child support, criminal fines, and some taxes, just to name a few. These cannot be discharged in bankruptcy.
Chapter 13
A chapter 13 case is more like a debt restructuring plan. Following a certain set of rules, the Debtor puts forth a plan to repay all creditors over a period of time (3 to 5 years). A chapter 13 case has some advantages as the debtor is allowed to get caught up on mortgages or car loans without the threat of foreclosure or repossession. The Debtor is permitted to keep both exempt and nonexempt property. Also, if there is a second mortgage on a house that is entirely unsecured by the real property, the Debtor may be able to discharge the second mortgage in its entirety while keeping the real property.
*PLEASE NOTE THIS IS JUST A BREIF OVERVIEW OF CHAPTER 7 AND CHAPTER 13.
Please contact our office for our full information packet of the various types of bankruptcy and for further information regarding debt negotiation.
Social Security Law
Typically, if a person has a disability (either physical, mental, or a combination of both) that is expected to last for at least one year, or to result in death, that person maybe be considered permanently disabled and entitled to Social Security Disability Benefits.
While Social Security operates several programs, the law firm of Ommert, Murray & Associates, PLLC assists individuals in securing Social Security Disability Benefits, which may include medical insurance and payment for lost wages.
- Social Security Disability Insurance (SSDI): pays benefits to you and certain members of your family if you have worked long enough and paid sufficient Social Security taxes, which fund this program.
- Supplemental Security Income (SSI): pays benefits based on financial need, regardless of whether or not the individual has you have ever worked.
If your initial claim for Social Security Benefits has been denied, do not despair. Initial claims are often denied, but after a successful appeal, benefits are then awarded from the date of the filing of the initial claim. Therefore, it is very important to promptly file your initial claim as soon as you believe you are entitled to benefits. The Law Firm of Ommert, Murray & Associates, PLLC can assist you with your claim for continuing and past due benefits (back pay).