FAQs

Read on to learn answers to some of the most commonly asked questions about personal injury and commercial litigation matters.

Personal Injury

Commerical Litigation

 

Personal Injury

How do I know if I have a personal injury case?

Call us to discuss your case. We will review the facts and circumstances surrounding your accident and the injuries you sustained. An attorney will explain your legal remedies and your right to recover compensation for damages.

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After I am injured or a family member dies as a result of an accident, how long do I have to file a lawsuit?

A time limit, called "statute of limitations," which differs from state to state, establishes the amount of time you have to file a lawsuit. In Florida, you must file a suit within four years of the injury and within two years if it is due to medical malpractice. Your claim can be dismissed if you miss the filing deadline. Therefore, it is critical that you speak with a personal injury lawyer as soon as you are injured or discover an injury or death occurs.

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How soon after I have been injured should I contact an attorney?

You should hire an attorney as soon as possible. An attorney can help with any investigation.

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How much money is my personal injury case worth?

Your case is worth either what you and the insurance company agree it is worth, or the amount of the cash award granted by a judge and jury. We examine all of the conditions surrounding your case to arrive at a figure that we believe the insurance company must pay for your injuries.

Generally, the dollar value is dependent upon the type and extent of your injuries. Other factors influencing the dollar value of your case are the:

  • Cost of medical bills
  • Length of treatment
  • Frequency of treatment
  • Future medical bills
  • Permanent disabilities
  • Other documented damages

We study every detail so that we can get you the money you deserve for your injuries.

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How is my attorney compensated?

The attorneys of Schwed, Cartwright & Knight, P.A. accept most personal injury and wrongful death cases on a contingency basis. Under a contingency fee agreement, the fees and costs are paid only from the recovery. If there is no recovery, you owe no fee.

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Commercial Litigation

What is an offer to purchase?

An offer to purchase real estate is usually conveyed in writing and is a binding contract between a potential buyer and seller. In addition to price, an offer should include any other issues, contingencies, uncertainties, or details that will protect your rights while limiting your risk. An offer is usually accompanied by a check. Elements in an offer agreement may include:

  • Proposed date of sale
  • Financing
  • Inspections
  • Access to the property
  • Repairs
  • Various deadlines
  • Conditions for terminating the agreement

Offers generally contemplate the parties agreeing to negotiate and sign a separate contract which is known as a Purchase and Sale Agreement. An offer on a property is not to be taken lightly by either a buyer or seller. An accepted offer can be found to be an enforceable contract even without the parties agreeing on additional essential terms or protections.

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What is a closing?

The word closing generally refers to when a deal or transaction is completed or closes. Generally, ownership is exchanged for funds at the closing. The steps involved in a closing are usually managed or overseen by a closing attorney.

The closing attorney typically represents the interests of the lender but coordinates the deal between the buyer and seller. Both the buyer and seller may also have their own attorneys.

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What is title insurance?

A title insurance policy protects your property ownership rights. There may be undiscovered issues that were not unearthed by a title search. They can threaten your ownership if discovered after your closing. Issues may include:

  • Undisclosed tax liens
  • Forged deeds
  • Erroneous legal descriptions
  • Easement problems

These are just a few of the numerous threats a homeowner without title insurance faces. Fortunately, title insurance costs you only a small one-time fee, with no subsequent annual payments.

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What must the seller disclose in a real property transaction?

The doctrine of “buyer beware” does not exempt a seller from responsibility for statements and representations made to induce a buyer to act when the statements amount to fraud. When a seller knows of facts materially affecting property value which are not readily observable, and are not known to buyer, the seller is under a duty to disclose them to buyer. This duty is equally applicable to all forms of real property, new and used.

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What are the duties of the realtor/broker?

The duties owed by a realtor/broker depend upon the relationship with the realtor/broker. In a residential transaction, the Realtor/Broker may be a transaction broker, single agent or have no brokerage relationship.

When acting as a transaction broker in a residential transaction, the realtor/broker owes the following duties:

  • Dealing honestly and fairly
  • Accounting for all funds
  • Using skill, care, and diligence in the transaction
  • Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer
  • Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing
  • Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure:
    1. That the seller will accept a price less than the asking or listed price
    2. That the buyer will pay a price greater than the price submitted in a written offer
    3. Of the motivation of any party for selling or buying property
    4. That a seller or buyer will agree to financing terms other than those offered, or of any other information requested by a party to remain confidential
  • Any additional duties that are mutually agreed to with a party

When acting as a single agent, the realtor/broker owes the following duties:

  • Dealing honestly and fairly
  • Loyalty
  • Confidentiality
  • Obedience
  • Full disclosure
  • Accounting for all funds
  • Skill, care, and diligence in the transaction
  • Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing
  • Disclosing all known facts that materially affect the value of residential real property and are not readily observable

Even if the realtor/broker has no relationship with you, the realtor/broker still owes the following duties:

  • Dealing honestly and fairly
  • Disclosing all known facts that materially affect the value of the residential real property which are not readily observable to the buyer
  • Accounting for all funds entrusted to the licensee

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Contact us

Schwed, Cartwright & Knight, P.A. has a bilingual staff available to discuss your case with you today.

Contact us now to see how we can help.

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