2 Things You Should Know About Real Estate Law in Florida

Real estate laws can be extremely complex and vary from state to state. In Florida, there are some things that make the state’s real estate law’s unique.

Here are the most important things that you should know about real estate law in Florida:

Florida Homestead Exemptions

When it comes to homestead exemptions, Florida is one of the more favorable states to homebuyers. Homestead laws around the country safeguard people from losing their homes by allowing homebuyers to keep a portion of their homes protected. In Florida, there is no limit to what portion of the home can be protected and therefore, the entire property can be restricted from creditors even after filing for bankruptcy in Florida.

It is important to note that the Florida homestead laws do not protect against the following:

  • General contractors and home developers.
  • Property liens established before the homestead.
  • All counties and municipalities in the State of Florida

Claiming A Property Through Adverse Possession

In Florida, adverse possession is a law that states that an individual can be granted the title of a neglected or dilapidated property if he/she:

  • Lives on the property for at least 7 years.
  • Pays the property taxes on the property for those 7 years
  • Significantly improves the property from an otherwise neglected, or dilapidated state.

There are several requirements for those looking to claim a property through adverse possession in Florida.

Whether you are looking to claim a property or defend yourself from adverse possession, contact our Miami real estate attorneys for a legal consultation.

Contact Lydecker Diaz For More Information on Florida Real Estate Laws

At Lydecker Diaz, our Miami real estate lawyers are experienced in all aspects of real estate law. Contact us today to schedule a legal consultation.

bankruptcy

Waiting to File Bankruptcy Can Be Devastating

Being fully drowned in debts and not having any resources to clear these debts can turn into a nightmare situation for any person or business. The most common solution in such a case is filing for bankruptcy. It is an official declaration that you are unable to pay off your debts due to financial inability.

As most professional bankruptcy lawyers will agree, it is advised to file for bankruptcy the moment you believe you won’t be able to repay what you owe.

Avoid The Financial Sweatbox

The “financial sweatbox” refers to the period before bankruptcy is filed.  It is highly advisable to get out of the sweatbox as quickly as possible to as debt collection lawsuits can be filed against the borrower.

There is a negative stigma attached to bankruptcy and this is why many tend to prolong the process. However, getting out of the financial sweatbox should be the main priority so you can start over as quickly as possible.

The Right Time To File For Bankruptcy

The right time to file for bankruptcy is simply when your debt becomes unmanageable.

An unfavorable debt-to-income ratio is one of the first signs that it may be time to consider bankruptcy. Your debt-to-income ratio is the sum of your monthly payments divided by your pre-taxed income. Ideally, what you owe should be less than 40% of your income.

The most obvious sign that its time to file for bankruptcy is when you are taking out new loans to pay off old debts. At this point, you’re only digging a grave that you’ll never get out of.

Speak To The Bankruptcy Attorneys At Lydecker Diaz

At Lydecker Diaz, we can help you start with a clean slate from neverending debt and put a rest to the constant harassment from creditors.

Our team of Miami bankruptcy attorneys is experienced and dedicated to helping our clients make the best financial decisions.

Contact us now to schedule a legal consultation.

How Maritime Law Works In Florida

What is Maritime Law?

Maritime or Admiralty law includes agreements and mandatory regulations that every business or entity must adhere to if they are conducting activities located on or in the sea. It is to be noted that each country has its own set of laws and agreements that fall under their own respective maritime laws.

What Accidents Does Maritime Law Cover?

Any incident that causes personal injury due to activities on the sea fall under the umbrella of maritime law.

For example, a person injured on a rental jet ski is entitled to file a maritime lawsuit against the rental company if the injury resulted from negligence. Maritime cases

In addition, any accidents that take place on a private boat or cruise ship also fall under maritime law. Maritime law also covers mechanical failures of a boat, cruise ship, jet ski, or any other water vessel that may result in an accident or injury to the individual taking part in the activity.

How Does Maritime Law Work in Florida?

In Florida, the nature of any sustained injuries and compensation for these injuries are taken into consideration when a maritime lawsuit is filed. A maritime lawsuit can be filed for the pain and suffering, emotional trauma, and for medical costs due to sustained injuries.

Maritime lawsuits can also seek compensation for future medical expenses such as prescription medications, physical rehabilitation, and any necessary surgical procedures. Property damage and disability claims can also be filed in addition to the maritime case.

How to File for a Maritime Case in Florida

If you were injured on the water due to someone else’s negligence, contact us. Our team of experienced Miami maritime attorneys is fully committed to helping longshoremen, harbor workers, and cruise ship passengers get the proper compensation they deserve for any injuries or damages.

If a maritime lawsuit has been filed against you or your company, contact us for a legal consultation. At Lydecker Diaz and Associates, our attorneys have years of experience representing businesses

intellectual property law

Everything You Should Know About IP Laws

Technology and the accessibility of the internet have revolutionized business and consumerism. The growth of the internet and a world that is connected 24/7 has enabled entrepreneurs, businessmen, merchants, artists, and creative minds to reach wide audiences easily. However, the advancement of technology has also increased the chances of infringement. Infringement occurs when your business idea, slogan or anything that is rightfully yours, via a trademark or copyright laws, is used by any other entity without consent.

Simply put, the value of intellectual property (IP) protection has increased a great deal with the progression of the internet. In order to safeguard intellectual property, several IP laws have been written and implemented. Before we shed light on IP laws, let’s have a brief look at what the term intellectual property means.

Defining Intellectual Property

According to the World Intellectual Property Organization (WIPO):

“Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.”

(Source: http://www.wipo.int/about-ip/en/)

Intellectual property can be something as abstract as an idea for a business, product, or service.

IP laws are invaluable because nothing is stolen easier than an idea.

The Law On Intellectual Property

IP laws allow holders of intellectual property that to take any legal action against those who have infringed on or stolen their property.

We have laws that secure our rights to our physical and tangible property and IP laws give us control over intangible properties or assets. IP laws allow creatives to use their skills, talents, and expertise to not only earn a profit, but to also produce goods and services that benefit society.

What do Patents, Trademarks, and Copyrights Have to Do With IP?

Patents

A patent is an exclusive right to an invention or product for a finite amount of time. The amount of time a patent can last depends on what kind of product it is. A patented product can be used in the market by the owner or they can sell that patent to any other person. In the case of the latter scenario, it is also implied that the original patent owner is transferring the full rights to the product to the new owner.

Items that qualify for patent rights include technological improvements or advancements, ideas for new machines, and even product design. If a particular product has an uncanny resemblance to another product, patent rights can be denied to the owner.

Trademarks

Trademarks generally last indefinitely and are used to maintain a brand’s individuality (branding, slogan, logos, etc). Trademarks ban other entities from utilizing the likeness for profit.

Copyrights

If an artist wants to safeguard their work from infringement, they can do so by obtaining a copyright. Copyrights can even protect an artist’s unpublished work but it cannot protect an idea that has not been channelized.

Contact Lydecker Diaz For A Legal Consultation

Contact our experienced Miami intellectual property attorneys if your intellectual property was stolen or used without your permission. Our team of attorneys has successfully handled numerous cases involving IP over the years. Contact us now for a legal consultation.

The Significance of Employment Law

It is extremely important for every business entity, regardless of its nature, size, and scale, to be up to date with the latest employment laws. Employment laws make up a comprehensive system of guidelines that were created The Department of Labor (DOL) to protect employees from discrimination based on gender, sexual orientation, and other kinds of unfair treatment in the workplace.

With this system in place, employers are required to follow certain standards when it comes to the treatment of their employees. Moreover, this system also includes benefits that employees can get from their workplace such as health, vision or dental insurance.

Employment law also covers data protection and prevention of malicious behavior in the workplace against any employee. Furthermore, it requires the employer to ensure necessary health and safety measures are followed in the work environment.

Failing to meet any of the requirements of the federally mandated employment laws can lead to serious lawsuits, fines, and also blemish a business or corporation’s  reputation. Simply put, a breach of employment law charge is something that no business would ever want.

Preventing Employment Lawsuits

While there is nothing that can full prevent the threat of litigation, the risk of an employment lawsuit can be mitigated in a few ways:

  • Keeping up with and implementing all health and safety standards in the workplace
  • Granting employees the benefits they were promised
  • Ensuring the rights of your employees are not being compromised during their tenure

What Do When An Employee Files A Case Against You

If an employee files a case against you, it is recommended to hire a reputed and experienced law firm at your earliest convenience.

At Lydecker Diaz our dedicated Miami employment law attorneys have years of experience defending private and public employers in cases involving employee lawsuits in Florida and across the country. With offices in most of the major states of the U.S., we have earned a respected and reputed name in employment law.

Contact Lydecker Diaz For A Consultation With Our Employment Attorneys

At Lydecker Diaz, our skilled attorneys are committed to applying their experience and knowledge of employment and labor laws to provide the best legal represention . We can represent employers in both state and federal courts, and handle the suits filed by their employees.

We also assist employers in creating employee contracts and effective internal policies that are in the best of interest for both parties.

Contact us today to schedule a legal consultation

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