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Questions Answered by Joseph Coughlan
3 Answers | Asked in Estate Planning and Probate for Florida on
Q: I am the executor and one of two beneficiaries. The other beneficiary is uncooperative and threatening.

I am trying to get things done all by myself but it is time consuming and exhausting. All the contents of the house, repairs, insurance and probate all have to be done and I am being pressured to do things faster, and in a way that wasn't what my instructions were from the deceased. Without... View More

Joseph Coughlan
Joseph Coughlan
answered on Jun 8, 2023

What you are describing sounds to be a formal administration as the estate assets are over $75,000.00. If this is accurate, you need to be appointed as personal representative and need an attorney. Florida Probate Rule 5.030(a) requires every personal representative of an estate with more than 1... View More

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1 Answer | Asked in Employment Law for Florida on
Q: I am on salary at 1800 for two weeks. If I started a job on Wednesday, should my pay be 1100 or the full 1800
Joseph Coughlan
Joseph Coughlan
answered on Jun 5, 2023

It is likely closer to the $1,100.00 and not the $1,800.00.

There are a few ways to calculate you lost wages under workers' compensation. First is setting your average weekly wage (AWW). To do that, your earnings during the prior 13 weeks could be used. It sounds like you just started...
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Q: Can I sue my employer for causing me to get yeast infections?

I work at a Twin Peaks restaurant in South Florida which requires me and my fellow servers to wear tight jean shorts for our shifts. I and the majority of my coworkers routinely develop yeast infections from the hot climate, tight shorts, and fast-paced nature of a server position. I believe these... View More

Joseph Coughlan
Joseph Coughlan
answered on Oct 10, 2022

In theory, yes. Essentially, you would be seeking medical or lost wage benefits. Damages such as pain and suffering are not available in Florida Workers' Compensation cases. However, it may be difficult to meet the standard of proof required by Florida Workers' Compensation law. The type... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: involved in a car accident on 10/11/2021 . Was working for randstad source right which is a contractor for fedex ground

Working delivering packages for fedex ground and a car ran their stop sign failing to yield right away. During impact it threw me all over vehicle causing me to hit my knee on center console which broke off and after impact the company truck I was driving went into the other 2 lane highway . Horn... View More

Joseph Coughlan
Joseph Coughlan
answered on Sep 2, 2022

If your accident occurred while working, you should be seeking medical care and lost wage benefits through your employer in a workers' compensation claim. There are times where treatment outside of workers' compensation is advisable, but more often that is the best place to start -... View More

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1 Answer | Asked in Workers' Compensation for Florida on
Q: I fractured my arm at work and was told by a doctor that i was healed and could go back to my normal job.

I was still in pain so i went for a ct scan and found out i had multiple fractures and am now looking at surgery. The doctor sent me back to work with no restrictions even though my arm is still broken and ive been waiting over a week for workers comp to send me to a doctor for a second opinion.... View More

Joseph Coughlan
Joseph Coughlan
answered on Dec 29, 2020

The short answer is yes, you should speak with an attorney. Workers' Compensation laws in Florida are very technical and time-sensitive so it is important to keep a close eye on your claim and fight for the benefits you deserve. Please feel free to let me know if I can be of any further help.

2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: FL-I fired a lawyer. I was not happy with the lawyer do I have to pay the lawyer a percentage of a ending settlement

The lawyer put a lien on me but they want to have their name added to the settlement and the insurance company is telling me that they have to put the lawyer's name on it. Even if the lawyer did not help with the ending settlement amount.

Joseph Coughlan
Joseph Coughlan
answered on Dec 29, 2020

Typically it will depend on your contract of representation. While unpleasant, it is not uncommon for attorneys to assert a lien against a settlement even if they were fired before the case settles. In such cases, they will have to formally put you on notice of the lien and the contract will most... View More

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: Personal injury

Formal letter sent to adjustor 30 days ago, she has not provided information requested.

If a lawyer filed suit, and the insurer lawyer is not able to present the insured. Would a default judgement occur? And would the insurer be responsible because they didnt respond to the letter? Within... View More

Joseph Coughlan
Joseph Coughlan
answered on Dec 29, 2020

I need a bit more information to respond to your post. Is the formal letter you are referencing a request for the Insured's policy information? If so, my answer is in two parts. First - yes, insurance companies are mandated by law to provide that information within 30-days of a written... View More

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