Skip to main content
John Michael Phillips
Avvo
Pro

John Phillips’s Answers

1,947 total


  • Are they cheating me out of my mother's retirement??

    My mother recently died. She worked at the town of orange park for 15 years before a new company took over and decided they didn't want her services. Her 15th year was in 2012... Since it was a new company that took over, that means new rules a...

    John’s Answer

    When a participant in a retirement plan dies, benefits the participant would have been entitled to are usually paid to the participant’s designated beneficiary in a form provided by the terms of the plan (lump-sum distribution or an annuity). However, benefits could, in theory lapse at death. An employment or benefit lawyer would need to look at it.

    See question 
  • What happens to disability after applicant dies

    My father applied for disability back in march. There is a 5month period of waiting before the payments come in. He recieved a letter in the mail early July saying that he was approved and payment begins in August. In the process of waiting, my fa...

    John’s Answer

    I agree with counsel. More information would be required in order to give you a sufficient answer.

    See question 
  • Florida Motion to Withdraw

    There is a consent motion to withdraw my attorney from my case, the motion is pending being filed with the court awaiting opposing counsel's consent. Is this legal or proper to require obtaining opposing counsel's permission for my attorney to wit...

    John’s Answer

    This is a good article from the Florida Bar's website- https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/D3F247C17291EDC185256B280072F71C. You can have the other side stipulate or have a judge enter the order.

    See question 
  • Received a notice to appear in court. Showed up and was arrested. Is this "notice to appear in court" legal?

    I was on the beach in Tybee Island, GA with a dog i was dog sitting in the early morning hours. An older man started yelling at me that my dog was not supposed to be on the beach; so I got in my car and left. A couple weeks later I got 2 certified...

    John’s Answer

    This should be listed in Georgia under criminal law. We'd have to see what was served on you.

    See question 
  • I was in an accident where I was not at fault and sustained injuries. Driver was uninsured. Is there any hope for me?

    The at fault driver was driving on a revoked license.

    John’s Answer

    Was the owner uninsured? Did you have uninsured/underinsured/UM/UIM insurance in your household?

    See question 
  • What happens now? Hit and run accident.

    I was involved in a hit and run accident last week with my two young children in the car. Other driver failed to yeild while making a left turn through the intersection I was going through. My car is estimated to have $5k in damages. I sustaine...

    John’s Answer

    There is a case there and you should hire a lawyer who will get an investigator and compel the police on them pretty quickly.

    While all lawyers are allowed to advertise and anyone can basically handle a personal injury case, only Board Certified attorneys are allowed to identify themselves as an "expert" or as "specialist." Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the area by the Supreme Court of Florida.

    Insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors. So, they will attempt to hide behind claims of theft, but we don't buy it here. Attorneys matter. Defendants and their carriers change their gameplan when a lawyer is involved.

    For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRES knowledge about medical science and biomechanics (the forces on a body in a wreck or a fall) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim.

    We also offer free consultations and our lawyers will personally visit you- all musts when hiring a lawyer. Avvo is a great resource to search and find one.

    See question 
  • Do I need a lawyer?

    my husband used a false ID and social security number when we were married. I got married at age 16 with parental consent. I have not heard from my husband and more than 5 years. the last I heard he was in Mexico and had a new girlfriend. that was...

    John’s Answer

    We'd recommend hiring a local family lawyer and discussing the intricacies of these issues.

    See question 
  • Are the courts going to automatically proceed? Does it matter that she didn't answer?

    My ex filed modification to supplemental petition: 1) She requested my son come stay with her (she stated I’m not taking care of his necessities, he’s struggling in school & wants to stay with her) 2) She requested that I pay half for ...

    John’s Answer

    We'd recommend hiring a local family lawyer and discussing the intricacies of these issues.

    See question 
  • What should I do to protect myself in the middle of a car insurance claim?

    My car was involved in an accident on 6-14-2015. My sister was driving. It was a three car accident. The car that started the accident hit the car behind mine which caused that car to hit my car and fled the scene. I am in the middle of a cla...

    John’s Answer

    Was anyone in your car injured? A personal injury lawyer can help resolve all of the claims. If not, you still maybe able to sit down with one for a free consultation. We do this.

    While all lawyers are allowed to advertise, we recommend hiring a Board Certified Civil Trial lawyer. Only certified attorneys are allowed to identify themselves as "Experts" or as a "specialist." Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida.

    See question 
  • Do I need a lawyer if I rented a car with no license or insurance for 6months and got into a wreck and now enterprise suing me

    Did not know my license was suspended, enterprise never checked my license or insurance. I had been renting a car for 6months from them. Was hit by a semi truck in there vehicle which was a total lost. Is there anyway I can get out of the damages ...

    John’s Answer

    Potentially. Call a local lawyer- particularly one that handles both criminal defense and personal injury cases (like ours). Not that you are in trouble, but they will know more about the law in here instances. We'd also recommend hiring a lawyer who is board certified in civil trial law by the Florida Bar. While all lawyers are allowed to advertise, only certified attorneys are allowed to identify themselves as an "expert" or as a "specialist" in these cases. Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida.

    See question