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Examples of Wrongful Death Cases: Do You Have a Case?

If someone you loved was killed in an accident, life can feel overwhelming. You may be overcome with grief, anger, and confusion. You may feel helpless and powerless — but there are things you can do.

You can file a wrongful death case to ensure that the at-fault party is held accountable and that surviving family members receive the damages they deserve. In some cases, you can even make sure the accident doesn’t happen again.

Wrongful death cases can help you seek justice for your loved one and create a better future for the surviving family and community.

What Is a Wrongful Death Case?

A wrongful death case is a legal action taken when a person or people have died as a result of the negligence of a person or business. It is an extreme type of personal injury case in that the negligence of the defendant resulted in damages and death.

There are four elements that are important to a wrongful death case. It will be the responsibility of the plaintiff to prove these elements.

  • Negligence: You must prove that the accident was caused because a person or a business was negligent. You must show that a person or business was aware of an unsafe condition and failed to act to make it safe.
  • Causation: You must prove that the negligence directly caused the death of the plaintiff.
  • Damages: You must prove that the victim or their family sustained damages as a result of the accident. Damages may be monetary (such as medical bills, lost income, property damage, cost of funeral, etc.) or non-monetary (such as emotional trauma, loss of consortium or companionship, etc.).
  • Breach of Duty: You must prove that the defendant had a duty to provide a safe condition for the plaintiff. For example, a motorist has a duty to drive safely and follow traffic laws in order to keep the road safe for other motorists and pedestrians. You must show that the defendant didn’t fulfill their duty to make conditions safe for others.

Related: Personal Injury Compensation: What Can You Fight For?   

8 Common Examples of Wrongful Death Cases

Below find a list of the most common examples of wrongful death cases. Keep in mind that if your specific situation is not listed, you may still have a wrongful death case worth fighting for. Don’t assume that your case isn’t viable until you speak with an experienced wrongful death or personal injury attorney.

#1) Car Accident

If a driver’s negligence (reckless driving, failing to follow traffic laws, driving under the influence, etc.) caused an accident that led to death, there is cause for a wrongful death case.

Related: 5 Reasons to Contact a Car Accident Lawyer After a Crash   

#2) Trucking Accident

In accidents caused by a commercial truck or semi-trailer truck, the trucking company and the driver may be held responsible.

#3) Pedestrian Accident

Roadway accidents impact drivers as well as pedestrians. If someone near a roadway was stuck by a vehicle, it may be a potential wrongful death case.

#4) Aviation and Boating Accident

Aviation and boating accidents that led to the death of passengers or others in or around the plane or boat can be cause for a wrongful death lawsuit.

#5) Medical Malpractice

Healthcare professionals sign an oath to care for their patients to the best of their abilities. If they fail to live up to that standard (by providing inadequate care, failing to diagnose an illness, providing the wrong care, etc.), it can lead to a medical malpractice case.

#6) Workplace Accident

The owner or manager of a workplace is responsible for keeping the working environment safe for their employees. If an employee, contractor, or vendor is involved in an accident that results in death, it may be cause for a wrongful death case.

#7) Premises Accident

Owners of properties are responsible for keeping their property in good condition so it is safe for visitors. If they fail to meet this standard and someone is injured and dies as a result of unsafe conditions, they can be held accountable.

#8) Product Liability / Product Defect

Companies that create products and sell them to the public are responsible for ensuring the products are safe to use. If a product failed to work properly or did not include proper warning labels and caused the death of a customer, it may be a wrongful death case.

Related: 6 of the Most Commonly Asked Questions About Personal Injury   

Do You Have a Wrongful Death Case Worth Fighting For?

If you lost a loved one due to an accident, you probably have a lot of questions. Don’t rely on generic advice or standard feedback about your case. Talk to an experienced wrongful death attorney who can give you insights based on the specific details of your situation.

Schedule your free consultation with TJ Grimaldi to discuss the specifics of your case so you can get answers to your questions and ensure you get the justice and damages you, your family, and your community deserve.

Schedule your free consultation or call 813-226-1023

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What Is a Simplified Divorce? Is It Right for You?

Just about everyone going through a divorce can agree on one thing: they want the process to be over as quickly as possible. This desire is what leads many people to explore their options for a Simplified Divorce, which can speed up the process (and decrease the associated costs).

While a Simplified Divorce might be a good option for couples looking to quickly dissolve their marriage, it’s not right for everyone.

Let’s look at what a Simplified Divorce is and whether or not it might be right for you.

What Is a Simplified Divorce?

A Simplified Divorce, also known as a Simplified Dissolution of Marriage, is an expedited process that couples can go through to get a divorce in Florida. As its name implies, it is a simplified process that requires less litigation than a standard divorce process. The couple creates their own separation agreement and files it with the court. A Simplified Divorce is set up so couples can do it on their own, without the help of an attorney, but an attorney can (and often does) assist with the process.

A Simplified Divorce is not an option for all couples. You must meet specific criteria to be eligible for a Simplified Divorce.

To be eligible for a Simplified Divorce:

  • You and your spouse must agree that the marriage cannot be saved.
  • You and/or your spouse must have lived in Florida for at least six months.
  • You and your spouse must not have minor children.
  • You and your spouse must not be pregnant.
  • You and your spouse have already agreed on how you split your assets and liabilities.
  • You and your spouse must not be seeking alimony.
  • You and your spouse agree that each will not receive any portion of the other’s pension.
  • You and your spouse agree that there will be no legal ramifications if one or both sides of the party don’t meet the terms of your agreement.
  • You and your spouse are willing to give up your right to a trial and appeal.
  • You and your spouse are willing to sign the petition in the clerk’s office. (This can be done separately.)
  • You and your spouse are willing to go to the final hearing at the same time. (You both must attend.)

If you are ready to file for divorce in Florida and do not meet all of the criteria, you are not eligible for a Simplified Divorce. You must file a standard petition for Dissolution of Marriage.

If you meet all of the criteria and are considering pursuing a Simplified Divorce, here are a few pros and cons to consider.

Pros of a Simplified Divorce

It is less expensive. A Simplified Divorce is usually less expensive than a standard divorce because it takes less time and resources to file. You will still need to pay the filing fee. The cost to file a Dissolution of Marriage is $408 in most Florida counties. (If you can’t afford the fee, you can file an Application for Determination of Civil Indigent Status to have your fees waived.) But, you will have fewer costs as they relate to attorneys fees, mediation expenses, and additional court fees.

Related: How Much Does a Divorce Cost in Florida?   

It can be less stressful. Because a Simplified Divorce involves fewer steps, it can be less stressful for both parties. Instead of having multiple meetings with attorneys and spending time in mediation or courtrooms, both parties only spend limited time dealing with the agreement and filing. Even if an attorney is involved, there are typically less meetings than in a standard divorce.

There is less information released publicly. Court proceedings are often available to the public, which means the information may be accessible. Because there is less information and financial disclosures required with a Simplified Divorce, there will be less public information available about the terms of your divorce.

Cons of a Simplified Divorce

Unbalanced power dynamics can lead to an unfair agreement. A Simplified Divorce leaves it up to the couple to decide how to split their assets and liabilities. In cases where one party may have more power or control over the other party, this can lead to an unfair agreement. A standard divorce gives each party the support they need to get what is fair and due to them.

You lose legal protection if your agreement is broken. When you agree to a Simplified Divorce, you are relying on the other party to hold up their part of the agreement. You give up your right to a trial and appeal, and you acknowledge that if one party defaults in the agreement, there will be no legal ramifications. In a more traditional divorce filing, each party is bound by the court to uphold their part of the agreement.

You’re responsible for proper filing. While the court system does its best to help couples go through a Simplified Divorce on their own, the process can still be tedious and complicated. You are responsible for accurately and appropriately finding and completing the correct Florida Family Law Forms. To avoid improper filing, many couples hire an attorney to help them complete the paperwork and properly manage the process.

Related: How to Prepare for Your First Meeting with a Divorce Attorney   

Talk to a Divorce Attorney About Your Options

Couples who are about to go through a divorce want it to be as quick and easy as possible. For many couples, a Simplified Divorce might be the solution they need. But, the extra time and resources spent working with an experienced divorce attorney to go through the standard divorce process is usually worth it.

You get a dedicated attorney who will fight for you and ensure that you get a fair settlement that can be upheld in court. 

Don’t worry about filling out paperwork incorrectly or making mistakes that leave you without a fair settlement. If you are thinking about filing for divorce, learn about your options with a free consultation with TJ Grimaldi. Get expert advice about your options and see what is best for your interests.

Schedule your consultation or call 813-226-1023 today.

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6 of the Most Commonly Asked Questions About Personal Injury

If you’re dealing with a legal matter that has left you or a loved one with an injury that requires immediate and/or ongoing medical care, you probably have a lot of questions. To help you get answers, we’ve compiled this list of the most commonly asked questions about personal injury.

Most Commonly Asked Questions About Personal Injury

Use these answers to get an idea about what to expect in a personal injury legal matter. Then, explore our other resources on personal injury, or schedule a free consultation with TJ Grimaldi so he can give you more specific answers depending on your unique circumstances.

Schedule your free consultation or call 813-226-1023 today.

What is considered to be a personal injury?

Legally speaking, a personal injury occurs when a person sustains an injury due to the negligence or maliciousness of another party. The injury would not have occurred if the other party had not created a dangerous or unsafe condition. In a personal injury case, the injured party can prove that they suffered damages as a result of the injury and that an at-fault party caused the injury.

Types of personal injury cases can be related to:

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

To have a personal injury case, you must prove two things:

  1. An at-fault party’s negligence or maliciousness caused an injury
  2. The injured party was damaged physically, emotionally, or financially because of the injury

If you believe you can prove both of those points, you may have a personal injury case worth fighting for. Don’t attempt to determine if you have a personal injury case on your own. Schedule a free consultation with a lawyer to get a professional opinion about the viability of your case.

Read More: Types of Personal Injury Cases: See If You Have a Claim   

How are personal injury settlements paid out?

When an injured party receives a settlement in a personal injury case, it is paid out by the insurance company to the attorney representing the injured party. It is paid by the insurance company to the law firm’s trust account, and then the law firm disburses the money to the client and the medical providers.

Are personal injury settlements taxable?

Settlements are not taxable, unless they are punitive damages. Punitive damages are awarded when there is proof that the at-fault party intentionally caused the injury. The injured party has proven that there was malicious intent that led to the injury.

Punitive damages are different from special compensation damages (that relate to costs incurred due to the injury) and general compensation damages (that related to non-monetary harm caused by the injury). Both special compensation and general compensation damages are not taxable.

How much should I ask for in a personal injury settlement?

There is no magic number when it comes to a personal injury settlement. Every situation will be unique, and it’s impossible to know how much to ask for until you have all the facts. The injured party will need to show the way they have been injured physically, financially, and emotionally to determine the amount of a reasonable and fair settlement.

Information will be needed to show damages. That information may include but is not limited to: policy limits, medical bills, injuries sustained, medical records, facts of the loss, and client’s medical history.

Read More: Personal Injury Compensation: What Can You Fight For?   

How long does a personal injury case take?

There is no exact duration of a personal injury case. It is difficult to say how long a case will last, but there are general timeframes that can give you an idea of what typically happens in similar cases.

  • Injured parties have four years from the date of the incident to file a lawsuit. In some cases, they may even have five years. On average, most people file within two to five months of the accident, and then negotiations start.
  • Negotiations can take anywhere from a month to a year.
  • If the case is not settled and has to go to trial, it will take longer. Most lawsuits take about 12 to 30 months.

Related: Injured in a Car Accident? Here’s What You Need to Do Right Away.   

Get All of Your Questions About Personal Injury Answered

As you can see, many commonly asked questions about personal injury don’t have a simple answer.

Many factors play into each case making it unique. If you have questions about a personal injury case that involves you or a loved one, it’s best to get them answered by an attorney who is familiar with your specific situation. Only then will you get the most specific and useful information.

If you have questions about a personal injury case, we are here to help you find answers.

All consultations with TJ Grimaldi are 100% free. Don’t spend your time searching for vague answers. Schedule your free consultation or call 813-226-1023 to talk to an experienced personal injury attorney who can help you get the direct answers you need.

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How Much Does a Divorce Cost in Florida?

When you’re getting ready to go through a divorce, you have many things on your mind. How will divorce impact your family? How long will it take? And, of course — how much will it cost?

Wondering how much a divorce costs is a top concern for people as they start the process of legal separation.

Not knowing how a divorce will impact your finances can be stressful and make it more difficult to take the first step in the proceedings. If you are beginning the divorce process, we recommend getting details about costs right away.

How Much Does a Divorce Cost?

Unfortunately, there is no exact, set cost for a divorce. A reasonable average is about $5,000.00 to $15,000.00 per spouse, but this range can change based on a variety of factors that are unique to your situation.

To get an idea of how much a divorce will cost, consider the types of fees associated with your type of case. Standard divorce fees include:

  • Filing fees and court costs: Costs associated with bringing your case to court.
  • Mediation costs: Costs for a mediator should your case require divorce mediation.
  • Lawyer costs: Cost to retain a lawyer to represent you during your case.

The cost of your divorce may also be impacted by factors such as:

  • If children are involved. When children are involved, it may create a more complex case and require additional time in mediation and/or court to determine parental rights and visitation schedules.
  • The number of and type of assets you have. To determine the value of your assets, you may need to pay to hire experts to assign value. For example, if you have a home, you may need to pay an appraiser or if you have a retirement plan, you may need a financial advisor to provide insight into how to split your funds.
  • If the divorce is contested or uncontested. An uncontested divorce, when both sides agree to the terms of the divorce, will be cheaper to litigate than a contested divorce where terms need to be negotiated.
  • Whether you and your spouse are able to compromise. If you and your spouse have a difficult time coming to a compromise, it may increase costs by leading to longer mediation sessions and potentially leading to a trial (which can be expensive).

Related: What Happens After Divorce Papers Are Served?  

How Much Does a Divorce Cost in Florida?

The cost to file for divorce changes by state. Consider the court costs in your state and county to get an idea of court costs and filing fees.

In Florida, the court costs associated with divorce may not be standard across all counties. You need to look at the costs for the specific country where you will be filling. To find the filing fees in your country, visit the county clerk’s website, and review the fee schedules as they relate to family law.

In most Florida counties, the cost to file a dissolution of marriage and annulment is $408.00.

If you can’t afford to pay the fee, you can submit a divorce filing fee waiver, which is called an Application for Determination of Civil Indigent Status. If approved by the court, the fee may be waived.

What’s the Cheapest Way to Get a Divorce?

The cheapest (and fastest) way to get a divorce in Florida is through a Simplified Divorce or Simplified Dissolution of Marriage. A Simplified Divorce expedites the process which decreases costs. You must meet the specific requirements to qualify for a Simplified Divorce, such as no minor children can be involved and the divorce must be uncontested.

Related: How to File for Divorce in Florida 

Find Out How Much Your Divorce Will Cost in Florida

The only way to truly know how much a divorce will cost in Florida is by talking to an attorney.

The details of your case and the rates of attorneys vary widely, so it will be difficult to know for sure how much the divorce will cost without talking to a divorce attorney.

Most divorce attorneys offer free consultations where they listen to the details of your case and give you a reasonable estimate of the cost of litigation. It’s one of the top discussions you should have as you go in for your first meeting with a divorce attorney.

If you are considering filing for divorce in Florida, find out what it will cost — and what to expect as you go through the process — by scheduling your free consultation with TJ Grimaldi. 

During your no-cost meeting, TJ will gather information about your case and help you understand what the associated costs will be. Don’t go blindly in a divorce proceeding. Get the information you need to confidently move forward. Schedule your free consultation or call 813-226-1023 today.

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11 Examples of Medical Malpractice Cases Worth Fighting For

If you or a loved one recently went through a medical experience that resulted in pain, lasting injury, or death, you may have a medical malpractice case.

What Is a Medical Malpractice Case?

A medical malpractice case is a type of personal injury lawsuit that seeks damages for a patient who experienced a negative healthcare outcome due to the negligence of their healthcare provider or providers.

The criteria for a medical malpractice case is often outlined as the four “D’s” of medical negligence. For a medical malpractice case to have merit, it must meet these criteria.

  • Duty: The healthcare provider had a clear duty to care for the patient. The healthcare provider and the patient had an established relationship.
  • Deviation: The healthcare provider deviated from standard of care. Standard of care is a legal term which means a healthcare provider must provide the same level of care as other qualified practitioners.
  • Direct Cause: The actions or inaction of a healthcare provider caused direct harm to the patient. The provider must have done something or failed to do something that directly caused harm.
  • Damages: The actions or inaction of a healthcare provider caused the patient to incur financial, physical, or emotional damages. The patient is entitled to compensation to cover the losses they experienced.

If you are wondering if you have a medical malpractice case, consider if your situation meets the four D’s and matches any of the example situations listed below.

11 Examples of Medical Malpractice

Healthcare providers sign an oath to treat the sick to the best of their abilities. If you or a loved one did not receive the level of care that you needed in one of these situations, you may have a medical malpractice case.

#1) There was a failure to diagnose. You or a loved one sought medical care and were told that there wasn’t anything wrong or that there wasn’t any reason for treatment and then later, you found out that there was an issue that required medical attention.

#2) There was improper or inadequate testing. You or a loved one sought medical care, and the provider did not perform the tests that could have helped lead to a diagnosis or treatment.

#3) There was a misdiagnosis. A healthcare provider diagnosed an ailment as the wrong disease, disorder, injury, or illness. They may also have provided the wrong treatment as a result of the misdiagnosis.

#4) The wrong medication or the wrong amount of medication was administered. A healthcare provider gave the wrong medication or the wrong amount of medication to a patient, and it harmed the patient.

#5) There was a mistake during a procedure. A healthcare provider made an error during a routine procedure, and it caused harm to the patient.

#6) The wrong treatment or procedure was given. You or a loved one received treatment or a procedure that wasn’t needed, necessary, or relevant to your healthcare needs.

#7) There was a lack of informed consent. The healthcare provider failed to explain all of the risks associated with a prescribed treatment. Or, the healthcare provider performed a procedure that the patient (or patient’s legal guardian) didn’t agree to.

#8) The quality of care was insufficient. One or more healthcare providers provided inadequate care. The care may have been insufficient because there was not enough staff on hand, the staff neglected care, or the staff was under the influence of alcohol or drugs.

#9) There were surgical errors. Errors occurred during surgery that were preventable, such as tools not being sterilized properly and leading to infection, bodily harm caused by careless patient transport, or in major cases, the wrong surgery was conducted.

#10) There was no follow-up care. You or a loved one sought medical care, and the healthcare provider did not follow up after the procedure or treatment when aftercare was essential and needed.

#11) There was a death after a routine medical procedure. A healthcare provider performed a routine medical procedure, and it resulted in death. A wrongful death occurs when the patient should not have died as a result of their treatment or care.

Related: Personal Injury Compensation: What Can You Fight For?

How to File a Medical Malpractice Case

A patient doesn’t cause the financial, physical, or emotional burdens that are the result of negligent medical care — and they should not be responsible for the burdens.

Take the first step in holding the appropriate parties responsible for malpractice by getting a free consultation with an experienced attorney who can listen to the details of your case and tell you if you have a case worth fighting for.

If you have a case to discuss, contact TJ Grimaldi today. All consultations are 100% free so you have nothing to lose by sharing the details of your case and seeing how TJ can use his experience to help you or a loved one receive the damages you deserve.

Schedule your consultation or call 813-226-1023 now.

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5 Reasons to Contact a Car Accident Lawyer After a Crash

A car accident lawyer may not be the first thing on your mind if you have been in a car crash.

You may be physically hurt and dealing with injuries. You may be receiving lots of confusing calls from insurance companies and trying to figure out how to get to work or care for your family without your vehicle. You probably have a lot on your mind, and the thought of adding an attorney to the mix might not seem like a solution.

But, a car accident lawyer may be exactly what you need after an auto accident.

If you’ve been in an accident on the road, an auto accident attorney can help. You may not realize what an experienced attorney can do to ease the stress of the situation so you can focus on taking care of yourself and your family.

Here are a few ways a car accident lawyer can help after a crash.

How a Car Accident Lawyer Can Help

Note: Before you contact a car accident lawyer after a crash, the first thing you should do is seek medical help. Take care of your health above all. Only after receiving medical attention should you reach out to an attorney to help with other aspects of your situation. For more advice on what to do immediately after a car accident, check out our guide: Injured in a Car Accident? Here’s What You Need to Do Right Away.   

Now, let’s look at how a car accident lawyer can support you after a crash.

#1) Offer advice, and explain your options.

One of the biggest problems people make after a car accident is not fully understanding their situation. They don’t know what options they have to receive compensation, and therefore, they don’t receive the damages they deserve.

When you talk to a car accident lawyer, they will listen to the details of your case and explain your options and the best way to proceed. Many people try to handle their case on their own, and it can result in missed opportunities and a failure to receive full damages.

#2) Investigate the crash.

After a car accident, you may think you have all of the relevant details about the crash, but often there may be things you missed. Good legal representation will investigate the accident to ensure that every relevant detail that can support your side of the case is collected and reviewed.

#3) Manage communication.

After a car accident, there are going to be a lot of parties contacting you for information. You may need to communicate with other parties involved in the accident, insurance companies, auto repair shops, doctors, and healthcare providers.

When you work with a car accident lawyer, they can take over some of the communication for you. Your attorney will manage conversations with your insurance company and the other parties involved in the accident. This support can free up your time to focus on important communication with your doctors and healthcare providers.

#4) Determine damages.

Many people involved in a car accident aren’t aware of the damages that are due to them. They don’t know the full scope of what you can collect after a car accident that wasn’t your fault. That’s where a car accident lawyer can help.

An experienced attorney can help you see what damages are due to you so you can collect:

  • Special compensation damages which cover immediate and future medical bills, cost of home-care and domestic services, lost income, loss of future earnings, property damage, and cost of altered plans.
  • General compensation damages which cover debilitating long-term physical impairments, physical disfigurement, emotional trauma, loss of consortium or companionship, and damage to lifestyle.

Depending on the specifics of your accident, an attorney may also be able to identify punitive and wrongful death damages. Learn more about what might be owed to you in our guide: Personal Injury Compensation: What Can You Fight For?   

#5) Fight for — and win — the damages you deserve.

Not only can a car accident attorney help you understand what is due to you, but they can also make sure you collect what is due to you.

Big insurance companies are set up to pay out as little money as possible. They are going to fight against your claim. An experienced attorney has done this before. They know the ways insurance companies will try to avoid paying a fair settlement. And, they know the best ways to fight against them.

An attorney will first prove your personal injury claim. Then, they will negotiate or fight to get you a fair and full settlement.

Talk to a Tampa Car Accident Lawyer Today

If you’ve recently been involved in an auto accident, you probably have a lot on your mind. Don’t deal with the stress on your own. See how a personal injury lawyer can help you navigate your situation and secure the resources you need to heal physically, financially, and mentally.

Talk to a Tampa car accident lawyer today. All consultations with TJ Grimaldi are free of charge, so don’t delay. If you have been involved in a minor or serious auto accident, schedule your consultation or call 813-226-1023 to see how TJ can help today.

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Find The Best Legal Representation by Asking This One Question

Looking for the best attorney to represent you in a legal matter can be a difficult process. There are likely hundreds of attorneys in your area and many with experience related to your case. With so many options, how can you find the best legal representation?

We recommend you ask this one question when talking to potential attorneys: “Will you represent me?”

Will you represent me?

While it might seem like an obvious question to ask, it’s actually a very important inquiry.

What many people don’t realize is that when you choose a law firm, the principal attorney or partner lawyer may initially meet with you — but you may never see them again.

Many large law firms have a few attorneys who are the face of the practice. They are in the ads and on the website. They are who prospective clients meet with in the beginning. But many times, these high-profile partners don’t continue working directly with clients once they sign on with the law firm.

Clients of large law firms are often passed over to a team of associate attorneys or paralegals once work on their case begins.

Rather than meeting and communicating with the primary attorney, clients work with a secondary team throughout most of, if not all of, their case. For this reason, we recommend that you ask any potential legal representation about their process for working with clients.

  • Will they pass you over to an associate?
  • Will they communicate directly with you?
  • Will they be working on your pleadings and arguments?
  • Will they be in court with you?

If they aren’t responsible for these actions and activities, who is?

To find the best legal representation, you need to know exactly who you are working with. You may be putting extremely important matters into the hands of your legal team. You deserve to know who they are.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

TJ Grimaldi will represent you.

At TJ Grimaldi, Attorney at Law, we understand the importance of knowing and trusting your legal team. That’s why every one of our clients works directly with our principal attorney, TJ Grimaldi.

Our clients don’t meet with TJ once and then get passed over to another team of attorneys they don’t know or didn’t choose. TJ Grimaldi works with clients from the initial consultation through the conclusion of their case.

When clients approach our law firm, they get started by talking directly to TJ during a free consultation. Consultations with TJ can take place over the phone, although TJ prefers to meet with clients in-person so he can start building the relationship and trust needed to produce the best outcome for cases.

From there, TJ continues to be the primary contact point for his clients during their case. Knowing that legal cases can be stressful and taxing, TJ makes it a priority to not only provide the best representation for his clients but to also help them through the personal stresses associated with their proceedings.

TJ Grimaldi believes that accessibility and personal attention should be given to every client, no matter how large or how seemingly small a case may seem. Each client gets the one-on-one support they need — and deserve.

Related: What Does It Take to Be an Attorney for a High-Profile Case?

Find the best legal representation.

If you are seeking the best legal representation for your case, ask the most important question of all during your initial contact with attorneys. Will you represent me?

Choose an attorney who gives the right answer. Work with a lawyer who will make you a priority, not a case that is passed over to someone else in their firm.

For more tips on how to select the best legal representation as you go through the process of choosing an attorney for your case, check out two of our other guides.

  • How to Prepare for a Free Consultation with a Lawyer: Get the most out of every consultation you have with a potential attorney. Use this guide to prepare a list of questions that will help you decide if an attorney is right for you based on their working style, experience, and fees and the details of your case.
  • How Much Does an Attorney Cost? 8 Questions to Consider: Cost is often a concern as you enter into a legal matter. Don’t be left wondering how much you will need to spend on your case. Use these eight questions to learn how factors such as retainers, office fees, court costs, and case details can impact the expected cost of your case.

Meet TJ Grimaldi during a free consultation.

At TJ Grimaldi, we are proud to give our clients the one-on-one attention they need and deserve. We want all of our clients to feel like they are a priority — because they are.

We welcome you to meet with TJ Grimaldi during a free consultation to see if he is the best attorney to represent you from start to finish in your case.

Request your consultation or call 813-226-1023 today.

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Misdemeanor vs. Felony: What’s the Difference?

If you’re facing criminal charges, you’re likely dealing with a misdemeanor or felony charge. You are probably wondering what the difference is and how your case will be different depending on the type of charge.

Let’s look at how misdemeanor cases differ from felony cases and what you can expect depending on where your case falls.

Misdemeanor vs. Felony: What’s Worse?

Both misdemeanors and felonies are criminal charge classifications. Misdemeanor charges are less serious than felony charges. Felonies are the most serious type of crimes and have the most serious punishments.

Misdemeanor vs. Felony: What’s the Difference?

The primary difference between a misdemeanor and a felony is in the seriousness of the charges and potential consequences. The seriousness of the crime will help determine if it is a felony or a misdemeanor. The criminal history of the charged party will also influence the type of charge assigned to the crime. For example, a first-offense DUI may be charged as a misdemeanor, whereas a third-offense DUI may be classified as a felony.

Misdemeanor and felony charges also have different legal procedures. With a misdemeanor charge, you will need to appear before a judge (but no jury). With a felony charge, you will need to appear before a judge for an indictment or preliminary trial and then potentially have a jury trial.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps   

Examples Misdemeanors and Felonies

Depending on the jurisdiction, the following crimes are typical examples of misdemeanor and felony crimes.

Felony Crimes

Felony charges are serious and typically carry potential jail terms that range from a year to life in prison. Some examples of felony crimes include:

  • Assault
  • Homicide
  • Theft and property crimes
  • Robbery
  • Kidnapping
  • Sex offenses
  • Grand theft
  • Major drug possession

Related: Facing Florida Drug Possession Charges? 6 Things You Need to Know   

Misdemeanor Crimes

Misdemeanors are less serious but can still carry potential jail terms from five days up to one year. Some common examples of misdemeanor crimes include:

  • Vandalism
  • Disorderly conduct
  • Battery
  • Shoplifting
  • Giving alcohol to a minor
  • Driving under the influence
  • Driving with a suspended license
  • Minor drug possession

Infractions and Ordinance Violations

It’s worth noting that there are two other legal offenses that are punishable by the law: infractions and ordinance violations. Both infractions and ordinations are less serious than misdemeanors. They are often referred to as petty offenses and come with a fine or administrative penalty. They may include:

  • Traffic violations
  • Littering
  • Jaywalking
  • Drinking in public
  • Fishing/hunting without a license
  • Building permit violations
  • Walking an unleashed dog
  • Parking violations
  • Smoking in non-smoking area
  • Noise violation
  • Disturbing the peace
  • Trespassing

If these infractions are serious or repeat offenses, they may be moved up to a more serious misdemeanor charge.

Was I Charged with a Misdemeanor or a Felony?

To determine what your charges are, don’t rely on what types of crimes are typically considered a misdemeanor or a felony. Look at your official case information to determine what the case has been classified as. Specifics of the case will determine whether it is officially a misdemeanor or felony.

As previously noted, a crime that is typically classified as a misdemeanor can be moved up to a felony charge if it is a repeat offense. On the other hand, a crime that is typically a felony charge may be reduced to a misdemeanor in certain situations.

Can I Fight Misdemeanor or Felony Charges?

While misdemeanors are less serious than felony charges, all criminal charges are serious and should be handled carefully.

With the right defense and a good criminal defense attorney, you can limit the impact the charges will have on your life. You can fight to:

  • Reduce the charges. You can fight to turn a felony charge into a misdemeanor.
  • Lessen the sentencing. You can plead your case to receive lighter consequences such as less jail time or lower fines.
  • Expunge your records. If you are convicted of a crime, you can work to remove the charges from your criminal record. (Learn more about how you can get a DUI off your record in Florida.)
  • Dismiss the charges. In the event that you were improperly charged or your case was not appropriately handled by law enforcement, you may be able to get your charges dismissed.

Misdemeanor vs. felony — whichever charge you’re facing charges, one thing is certain: an attorney can help you get the best possible outcome. You will be more likely to get a positive outcome when you have an experienced criminal defense attorney by your side. They can develop a strong case based on the facts and fight for your best interest.

If you’re dealing with misdemeanor or felony charges, don’t wait to seek legal help.

Contact TJ Grimaldi for a free consultation today to find out how our law firm can help you get a positive outcome that lessens the impact of your charges on your life. Schedule your consultation or call 813-226-1023 now.

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How Much Does an Attorney Cost? 8 Questions to Consider

One of the most common questions people ask as they prepare for a legal matter is, “How much does an attorney cost?” It’s an important question that can help parties prepare for the financial implications of their case. But, the answer isn’t always cut and dry.

Many factors that impact the cost of a legal case. Here are a few questions that can help you determine what price range you can expect for your specific case.

How Much Does an Attorney Cost?

To answer the question, how much does an attorney cost, you will need to answer a few other questions.

How does the attorney charge?

Attorneys use a variety of fee structures in their pricing. Find out how your attorney charges.

  • Hourly: The attorney tracks their time and charges a rate per hour. The average hourly rate for attorneys ranges from $100 to $400 per hour. Attorneys may also bill hourly for the time their staff spends on a case. For example, they may also charge an hourly rate for paralegal time.
  • Flat Fee: The attorney charges a set rate for a specific case. The fixed cost will cover all of the attorney’s work on the case.
  • Contingency Fee: The attorney is paid based on the outcome of the case. Typically, under a contingency fee, the attorney is only paid if you win the case. They are often paid a percentage of the settlement.
  • Success Fee: The attorney is paid a bonus if you win the case. In this case, an attorney may charge a lower hourly or flat fee with the contingency that they will get a bonus fee if they win the case.

The type of fee is often related to the type of case. For example, a contingency fee is common in personal injury cases. You only pay the attorney if you win your case. On the other hand, an attorney might charge a standard flat rate for an immigration case or a probate case such as writing up a will.

What are the court fees?

Courts fees are the costs associated with filing a case in the court system. Court fees are set by Florida Statutes, county ordinances, administrative orders, rules of court procedures, and special legislative acts. Consider what court fees will be associated with your case, if your attorney costs cover court fees, or if you will be responsible for paying court fees in addition to your lawyer costs.

Will there be office fees?

Attorneys may charge office fees in addition to their rate fees. Office fees may include the cost of postage, printing, and producing materials for your case. Find out if your attorney charges additional office fees, and if so, what the expected costs will be.

Is a retainer required?

A retainer is a type of down-payment paid to an attorney to secure their representation. Some attorneys require a retainer as a promise or reservation fee. Once the retainer is paid, the attorney will begin work on your case. Retainer fees range, and not all attorneys use them. Find out how much will be required for an attorney to begin work on your case.

What is the typical rate in your area?

The answer to how much does an attorney cost varies widely based on many factors. One of those factors is your location. If you live in an area with a high cost of living and many high-end legal offices, the attorney rates will likely be higher than if you are located in a more rural, less competitive area.

What type of law is it and how complicated is your case?

The type of practice area and how complex the case is will also impact estimated costs. Some areas of law cost more to litigate, and complicated cases are often more expensive to litigate. For example a criminal defense attorney will likely charge less for a single criminal misdemeanor charge and more for a complicated felony case with multiple charges.

How experienced is the attorney?

Another factor that will impact case cost will be the experience of the attorney. You may find a new attorney with relatively few cases will charge less than a more established lawyer who has won many cases in a specific area of law. Attorney experience will increase the estimated costs of your case.

Is the consultation free?

The first step toward working with an attorney is a consultation. During the consultation, you and the attorney will discuss the specifics of your case to see if you are a good fit and what the next steps are. Many attorneys offer consultations for free, but you should always ask to confirm. Find out what the cost of the consultation will be before you show up and find yourself with a fee.

Related: What to Ask During a Free Consultation with a Lawyer  

Ask Questions About Cost During Your Free Consultation

As you can see, there isn’t a simple answer to the question, how much does an attorney cost.

Many factors impact the cost of a legal case. The best way to get a good idea about what your unique case will cost is to come to your initial consultation with a list of questions about costs.

At TJ Grimaldi, all consultations are free. If you’re researching costs associated with your case, we’re happy to discuss financial details as well as the specifics of your case to see how we can help. Schedule your consultation or call 813-226-1023 now.

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Facing Florida Drug Possession Charges? 6 Things You Need to Know

Dealing with a Florida drug possession charge is serious. You can face lengthy jail time and expensive fines if you are convicted. It’s imperative that you understand your situation if you find yourself facing drug charges.

If you have recently been charged with drug possession in Florida, here are some of the most important things you need to know.

#1) Drug charges can include more than just possession.

While drug possession is one of the most common drug charges, it only refers to being in possession of a controlled substance or a substance that requires a prescription (when you don’t have a prescription). If you’re facing drug charges, you may be facing possession charges as well as other types of drug-related charges such as:

  • Possession of Drug Paraphernalia: Being in possession of equipment or tools that are used to prepare, use, or conceal drugs
  • Drug Possession with Intent to Sell: Being in possession of drugs with additional evidence that shows the drugs are not for personal use but rather for selling to other individuals
  • Manufacturing: Having tools or a process in place to develop controlled substances
  • Trafficking/Distribution: Selling, delivering, transporting, or otherwise managing a large amount of a controlled substance

If you are facing Florida drug possession charges in addition to any of these other drug charges, your case can result in more severe consequences.

#2) Drug charges relate to street drugs and prescribed drugs.

Drug charges refer to the possession of illegal substances known as street drugs such as:

  • Cocaine
  • Heroin
  • Methamphetamine (Crystal Meth)
  • LSD
  • Ecstasy (MDMA)
  • Marijuana

Drug charges may also refer to the possession of legal, controlled substances if the person in possession doesn’t have a prescription. These drugs include (but aren’t limited to):

  • Oxycodone
  • Xanax
  • Steroids
  • Morphine
  • Marijuana

Medical marijuana is legal in Florida, but you must have a valid license to distribute or a prescription to have it in your possession.

#3) Drug charges can be misdemeanors or felonies.

Florida drug possession charges can be classified as misdemeanors or felonies. Misdemeanors and felonies are both criminal crimes, but felony charges are more serious than misdemeanors and often come with harsher punishments.

Whether you are facing a misdemeanor or felony will depend on the amount of the substance you have and what specific charges you face. Misdemeanors are usually applied to situations where there is a small amount of drugs intended for only personal use. Whereas felonies often apply when there is a large amount of a controlled substance and an intent to distribute.

#4) You can face serious consequences for drug charges.

Whether you face a misdemeanor or felony Florida drug charge, you can face consequences such as:

  • Jail time
  • Fines
  • Loss of driver’s license
  • Loss of professional licensure
  • Deportation

#5) The state must prove three things in a Florida drug possession case.

If you are facing drug charges, the state must prove its case to convict you of the crime. According to Florida Statute Section 893.13, the state must prove three things in order to win their case. They must:

  1. Prove that the substance is illegal.
  2. Prove that the defendant knew that the drug was illegal.
  3. Prove that the defendant had knowledge and control of the drug.

#6) You can form a strong defense for Florida drug possession charges.

If you are charged with a drug offense, your life is not ruined. You can form a defense in your case that limits charges and creates a better outcome. There are four primary arguments that can help you win your case. You can prove that:

  • You didn’t know the substance was illegal or controlled. Show that you didn’t know the substance was in your possession.
  • You have a medical prescription for the substance. Show that you have a medical prescription for the substance.
  • The police used entrapment techniques in the arrest. Law enforcement purposefully encouraged you to commit a crime you would have otherwise not committed.
  • Unlawful search and seizure were used in the arrest. There was a violation of the Fourth Amendment, and you were unlawfully searched.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Use an experienced attorney to fight Florida drug possession charges.

Florida drug possession charges are serious. They can affect you for the rest of your life and should not be taken lightly. But, that is not to say that there is no reason for hope.

With the right defense, you may be able to decrease your charges or even have your case dismissed. That’s why it’s important to contact an experienced criminal defense attorney right away.

The sooner you start working with a criminal defense attorney, the sooner you can start crafting a case to fight against your drug charges. 

If you’re facing Florida drug possession charges, get started on crafting your defense right away. Contact TJ Grimaldi today to schedule your free consultation, and see how TJ can use his experience to fight for you and get the best possible outcome.

Schedule your consultation or call 813-226-1023 now.

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