Top Takeaways from Michael Brehne

For over 2 decades I have had experience providing personalized and dedicated legal representation to individuals throughout Orlando and the greater Central Florida region.

As 2021 ends, here are some of the top takeaways of this year.

Personal Injury Settlements

Personal injury damages are calculated immediately after the accident and into the future. At the time of settlement and afterwards, your case is valued based upon the medical bills you’ve already incurred as well as the lost wages and pain and suffering up to the date of the proposed settlement.

Pulled Over While Driving

Although you are not technically under arrest once an officer pulls you over, you are detained, and have constitutional rights against self-incrimination. Be careful of comment making as statements will be documented and used in traffic court if you contest the citation.

The Divorce Process

In an action for dissolution, nothing is certain. These cases twist and turn based on the case’s circumstances and the personalities of the parties and the attorneys representing them.

Homeowners Insurance Checklist

  • Check declarations page to make sure your policy will fully protect your home
  • Check if your policy includes “right to repair” and understand what it means
  • Gather presale inspection reports maintained by title companies or receipts from roofing companies

Pool Safety 101

The owner of a body of water is not liable for drowning merely because a person may be too young or of insufficient intelligence to understand the danger of water. The responsibility for the care of such people remains with parents and guardians.

Personal Injury Protection

The current PIP statute provides protections for insurance companies to legally deny claims that haven’t complied with strict statutory requirements, but also includes penalty provisions when insurance companies wrongfully deny proper claims.

Pedestrian-Related Traffic Accidents

Drivers: When in doubt, yield the right-of-way to the pedestrian.

Pedestrians: Use the sidewalk or crosswalk and make sure you’re visible to motorists by using reflective clothing, high-visibility colors, or a flashlight if you’re walking at night.

Protect Your Roof: Hurricane Season

Florida recently enacted a new law for homeowners insurance claims under which homeowners are protected by some provisions that prevent dishonest contractors from soliciting insurance claims by making payments, giving gifts, or otherwise enticing homeowners to employ them for their claim.

Are Vaccine Passports “Legal”?

To be determined by the courts under the test of “Strict Scrutiny.” The court would ask if the individual’s fundamental rights were implicated by a government regulation. If so, the court would then ask whether there was a compelling governmental interest and whether the restriction was narrowly tailored to achieving that interest, using the “least restrictive means” possible.

DUI

The offense of DUI occurs when you are found to be in physical control of a vehicle within the state of Florida while under the influence of alcoholic beverages or any chemical or controlled substance when affected to the extent that your normal faculties are impaired; or you have a breath or blood alcohol level of 0.08% or higher.

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Written by Michael Brehne

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