Physical Trauma

There are quite a few things that can happen to a person when they are involved in an accident. The most common injuries acquired in auto accidents are facial injuries. Many people receive facial lacerations that can cause permanent scaring, and this can lead to multiple surgeries to minimize scaring and facial damage. Many people that are involved in accidents receive injuries that they never fully recover from. Having air bags and wearing a seat belt is the best way to reduce injuries when a person is in an auto accident.

Emotional Trauma

Besides the physical trauma that people receive during an auto accident, there is often emotional damage as well. For people that receive facial injuries, scarring can lead to a person being depressed and self-conscious. There are many ways a person can deal with the emotional trauma that is caused by auto accidents, but the fact that they occur is something that cannot be stopped. Vehicles are a dangerous way of transportation and they can be dangerous, but the people that follow the rules of the road tend to not have as any accidents and are less likely to be injured.

Overall, people that choose to not take driving seriously not only endanger their own lives, but they also endanger the lives of innocent people on the road. People are hurt everyday by drivers that do not take driving seriously, and many times the innocent people are the only ones to be injured. Living with physical and emotional affects of facial injuries and other injuries due to auto accidents is something that will be a lifelong challenge, and some people never fully recover from the damage that is caused by the impact.

This article is provided as information only and not intended as legal advice in any means or manner whatsoever, Kenneth J Allen & Associates P.C. provides focused legal counsel and representation within the area of Auto Accidents and has provided this for informational purposes only.

Probate is the process by which an estate’s property is transferred to its creditors and beneficiaries. If the deceased left a Will, and it’s determined to be valid, the assets will be distributed according to the Will. If the deceased died without a Will, the Will cannot be located or is determined to be invalid then there are probate laws that determine how the estate will be distributed.

Some areas of probate litigation include challenging the contents of a Last Will and Testament, challenging a provision in a Will or challenging the appointment of a Personal Representative of the Estate. In many of these cases, a Probate Lawyer may be required to assist with the challenges presented.

Lack of Mental Capacity

Lack of Mental Capacity or Lack of Testamentary Capacity can be claimed when there is a belief that the person making the Will did not have the ability to understand how a Will distributes their assets, who would usually be the beneficiaries of their Will or if they didn’t understand the amount of their assets. Dementia, brain injury, mental illness and certain medications can all cause a person to lack the capacity to understand their Will.

Undue Influence and Duress

An undue influence claim can help to determine if the person making the Will was coerced by someone who was taking advantage of the decedent. Some examples of relationships that can lead to a trusted person having undue influence are parent/child, doctor/patient or a priest/member of parish relationship.

Duress is when a threat is made that compels a person to do something against their better judgment. It can be a threat of physical injury, or some kind of economic or monetary threat. Duress can also be a threat of some kind of social influence, for instance, threatening to tell people something the decedent didn’t want known.

Improper Signing of a Will

In the State of Florida, a Will must be signed by the decedent and two witnesses. The two witnesses must sign the Will in the presence of the now deceased and in the presence of each other. If it is determined that the Will was not properly signed, it will be found to be invalid.

Breach of Fiduciary Duty

The person appointed by the court to serve as the Personal Representative of the Estate has many duties and responsibilities. If they are not performing their duties, they can be challenged to step down and in some cases even be responsible for any funds that have been mismanaged or wasted.

There are many instances when a Florida Probate Attorney may be necessary. Florida Probate Law can be very complicated and an attorney that specializes in probate litigation can help you to understand your rights and responsibilities.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about Probate Law in Florida.