What is a Motion for Summary Judgment?

Either party may file a motion for summary judgment.  The filing party is requesting the court to rule on the case as a matter of law.  This means there are no questions of fact in dispute.  The motion is used to expedite the resolution of a dispute.  Affidavits, pleadings, depositions and other evidence which would be admissible at trial are reviewed by the Judge to determine whether there is a question of fact.   The judgment sought shall be rendered if the pleadings, depositions, answers to interrogatories, admissions, affidavits, and other materials as would be admissible in evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.

Motions for summary judgment can be used for almost any legal action.  However, actions regarding the contract disputes lend themselves readily to use of this type of resolution.  Most recently here in Florida, foreclosure actions have taken stage front and center, many of which have been disposed of through the Plaintiff’s use of the Motion for Summary Judgment.

If you are involved in a dispute which may result in litigation in Stuart FL, Port St. Lucie FL, or Jupiter FL and need a lawyer, please give my office a call.  It is important to address your legal rights before you get to a point where the opposition has either filed for a default or for a Motion for Summary Judgment.


Bicycle Accident Lawyer Stuart FL

http://ift.tt/1uc86RX Bicycle accidents can be very serious. Especially when they involve a motor vehicle. Often drivers turning right out of a strip mall, gasoline station, or restaurant are looking for an opening to their left and fail to check for pedestrian or bicycle traffic coming up the sidewalk to their right. Often, once there is an opening to their left, they will turn into the stream of traffic without first checking to make sure it is safe and clear to complete this operation.

The above detailed scenario is very typical of many bicycle accidents. The driver of the vehicle is not careful. When this is coupled with the distractions created by others in the car, cellphone calls, texting, and loud music, it is a wonder there are not more of these accidents on a daily basis.

I have ridden my bike around the Treasure Coast and am very familiar with the hazards posed by drivers. It is dangerous out there.

If you have been involved in a bicycle and need a Lawyer on your side, give my office a call (772)463-7737 or click on my website http://ift.tt/1oGQOtB and go to the contact us page. I appreciate your time and consideration. http://ift.tt/1uc88Jz

Nursing Home Abuse

http://ift.tt/1r98Hrm Nursing Home Abuse

Elder care and nursing home abuse are a greater problem than most of society is aware and often it is unreported and allowed to persist because of a lack of attention. It is ironic when you place a loved one in the care of an organization specifically designed to attend to their needs and then find out they not only failed to attend to those needs, but neglected or mistreated your loved one, creating health problems that would not have otherwise occurred but for their actions.

Often issues associated with nursing home abuse and negligence is masked behind the fact the person being cared for is elderly and subject to health issues associated with their age. It is important to understand this and to be able to differentiate between the two.

Nursing homes and elderly care facilities need to be held accountable for their actions. When a loved one is being abused at a nursing home, the impact of this abuse can go beyond your loved one and can be affecting several other patients within the facility. There are many within these facilities without a loving family member or friend to look in on them. The impact of exposing Nursing home abuse can help others not in a position to help themselves.

If you are looking for a lawyer willing to zealously advocate on behalf of your loved one and who will work on their behalf to not only improve their living conditions, but also make sure that justice is served and the compensation to which they are entitled is received, call my office today. My phone numbers are for Stuart (772)463-7737, Port St. Lucie (772)463-7738, and Jupiter (561)316-7111 or you can go to my website which is: http://ift.tt/1oGQOtB. http://ift.tt/1r98EvU

Pedestrian Accidents FL

Pedestrian accidents are a fact of life. Although walking is a good and usually a very safe form of travel and exercise, anyone who has walked the well-travelled streets of South Florida also knows how dangerous it can be. Further, once you have been hit, you realize how painful and damaging an accident between a pedestrian and an automobile can be.

Often accidents occur at busy intersections as a result of a driver’s negligence. Regardless of the circumstances, if you have been injured by an automobile while walking and would like to discuss you case with an attorney, give my office a call and request to speak with me. I will come to your hospital room or home if you would like.

I want to make sure I fully understand the circumstances behind your case and make sure you receive what you are entitled to receive from the driver, owner, and or any other party associated with the incident. Was the accident the result of someone texting or talking on a cellphone…was the driver working at the time and on the clock, what were the conditions of the sidewalk, roadway, lighting, and or crossing? Every component needs to be analyzed. Examining those links help determine who is liable for the damages you have suffered.

Whether there was negligence on the part of the operator of vehicle has to be examined on a case by case basis with experts. It is also important to know if there are resources available to compensate you for your loss. PIP (Personal Injury Protection) insurance in Florida has a $10,000.00 minimum. It is therefore important to examine all of the factors which resulted in the injury to ascertain all potential parties and whether these parties are able to provide adequate financial compensation.

If you are involved in a pedestrian accident and need a Lawyer on your side, give me a call… http://ift.tt/1xP9ZeZ

Wrongful Death

Wrongful Death
Randall A. Fischer P.A.
Lawyer Randall Fischer, serving Stuart (772)463-7737, Port St. Lucie (772)463-7738, Jupiter (561)316-7111

The loss of a loved one is worst event that can happen in anyone’s life. The sense of loss is not real. It is difficult to make decisions and the world continues to move while you just want it to go back to the way it was. The loss of a loved one due to the negligent or wrongful act of another makes the loss that much more painful. They would have been alive but for the actions willful or negligent, contractual, or breach of warranty of another.

The vacuum created by the loss emotionally can never be filled. The financial loss can be addressed. Wrongful death is a horrific life event to go through. There are so many questions running through your head. What do I do now? How am I going to survive? You need to find an attorney that can help you get through this; an attorney that will protect your legal rights and effectively counsel you; you need the Law offices of Randall A. Fischer. I will personally come to your home and discuss your case with you. I will try to clear up any confusion you may have regarding your claim. I will bring in the necessary experts to assist in supporting your case. I will take the time to make sure you are fully informed.

You are my client and I care. You will know that after our first visit. If you have any questions or need legal assistance for a wrongful death action or any legal difficulty arises, give my office a call. I will talk to you and see what I can do. If I am on the phone, just leave a message and I will get back to you.

I appreciate you taking the time to watch my video. I have also posted the video on my website and have more information about wrongful death there as well as many other videos on numerous topics. Here is the direct link: http://ift.tt/1qpghg8 http://ift.tt/WdnHXF

Slip and Fall Lawyer Stuart FL

Slip, Trip and fall in Florida

Randall A. Fischer P.A. (http://ift.tt/1oGQOtB) Personal Injury, Stuart FL (772.463.7737), Port St. Lucie FL (772.463.7738), Jupiter FL (561.316.7111)

Slips, trips, and falls are the leading cause of injuries in the United States. These injuries can be very severe. It is important to know the intricacies of the Florida law and to get on top of the investigation quickly. This is very important where there are witnesses, video evidence, and other evidence which may become stale over time.

Injuries associated with slips, trips and falls are very in situ and time specific. For example, if the person is walking outside on a sidewalk, are there any anomalies associated with the sidewalk (i.e. is it raised, cracked or broken). What time of day or night is it? This could be relevant to visibility. If it was past sunset, and there was a defective street light or other lighting used to illuminate a walkway, visibility could be impaired. There are factors which come into play as to causation and responsibility.

Florida also employs comparative negligence, this means you carelessly or knowingly place yourself in a dangerous situation, and you may be unable to recover any damages for the injuries you sustained.

If a causal link is established, you could be awarded monetary damages for your injuries. The items included are compensations for medical costs, lost wages, permanent disability, emotional distress and other damages related to your injury. Therefore, it is important to know what your physical limitations are to properly assess your damages.

If you or a loved one are involved in a slip, trip and fall situation and sustained an injury, be sure to give me a call for a free consultation. If it is easier for you, I will meet you in the hospital or at your home. My name is Randy Fischer. I am a lawyer handling personal injury cases in Stuart (Martin County), Port St. Lucie and Fort Pierce (St. Lucie County), and Jupiter (Palm Beach County) Florida. http://ift.tt/1zSAD26

auto accident lawyer Port St. Lucie FL

You or a loved one has just been in an Auto Accident and the last thing you want to think about is dealing with an insurance company. Your life is suddenly changed. The permanence of the former reality is shattered. It is like you are outside looking in. You are angry, lost, and confused. You can be bombarded with medical issues and financial concerns. It is time to get some help. Call me, Randy Fischer, at the Law Offices of Randall A. Fischer P.A (772.463.7737, Stuart, 772.463.7738, Port St. Lucie, or 561.316.7111. I will come to your home or visit you in the hospital. We handle personal injury and wrongful death actions on a contingency basis. We do not collect any legal fees from you until you get paid.

The impact of an auto accident can have a profound effect on your life or the life of a loved one. Even more tragic is when a loved one is lost as a result of someone else’s negligence. The Law Offices of Randall A. Fischer, P.A. handle cases involving personal injury and wrongful death.

Making sure you are properly compensated for your injuries is our job. We examine the accident from all angles to make sure the proper parties are held accountable.

A very real concern for most accident victims is financial survival. Insurance companies know this and may make quick settlement offers provided you characterize your injury as temporary and sign-off on future liability from reduced earning capacity. The strength of your case depends upon knowing the short and long term extent of your injuries and the impact they will have on your earning capacity. It is critical to have the proper evidence to support your case and refute the claims made by the insurance company.

Quantifying, qualifying and analyzing your case to put you in the best position we can is our job. If you are looking for a staunch advocate, give me a call. My name is Randy Fischer. I am a lawyer, with offices in Stuart, Port St. Lucie and Jupiter Florida and handle personal injury claims in Stuart (Martin County), Port St. Lucie and Fort Pierce (Saint Lucie County), and Jupiter (Palm Beach County) Florida. http://ift.tt/1qkLkZ3