Earl Kenneth Mallory's Answers

My parents have 19000 in savings and were involved in an accident thier fault, are being sued anyway to protect the money.

In Florida, in general, retirement accounts, IRA’S, and annuities as well as homestead, are not subject to execution after a judgment. If the funds you describe are not held in a non-exempt account, they could be subject to execution. Hopefully she was insured. She should inform her insurance comapny, if she has not already, that she has been sued. Your mother should speak to an attorney to review her retirement assets specifically and advise her. This response does not create an...

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When a settlement is made in a civil suit and the party is given a certain amount of money, are they required to pay taxes on it

In general, damages paid for personal injury are not taxable. Almost every other recovery is taxable, and is reported to the IRS by the payor by way of a 1099, so it is easy for the IRS to determine if someone is trying to hide the funds. Ask your lawyer and CPA for case-specific respponses. This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or...

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Can i sue a person who give me a first degree burn at a resturant who work there

I am a plaintiffs’ attorney. But I do have to take exception to everyone who has encouraged you to sue this waitress, or to get some sort of extorted settlement from her employer. A first-degree burn is the same as a sunburn. This sort of case, if you find a lawyer to take it, is part of the reason that our judicial system is broken and clogged. Accidents happen. You were not seriously injured. Get over it. This response does not create an attorney-client relationship. Unless you...

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Do I need an attorney?

Your symptoms indicate a severe injury. If you are having numbness and tingling, there is nothing that a chiropractor can do for you, except exhaust the rest of your PIP. See a good orthopedic surgeon or neurosurgeon. If you have health insurance, the doctor will get paid. If yu do not, many such doctors will help you in return for a “letter of protection” (LOP). In addition, retain counsel immediately. If you cannot find counsel with whom you feel comfortable, please call me for a referral....

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Can a claimant take my daughter to court for injuries in a car accident although she was acquitted in court for that accident?

Yes, she can be sued civilly even thogh she was found not guilty in traffic court. Under Florida law, the owner of a motor vehicle is liable for its negligent use. Hire your own lawyer before you do anything else. This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any...

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Loan to a LLC

You should retain the services of a commercial litigation attorney ASAP. Based upon the fact pattern that you set out, the old LLC has various causes of action against the departed member, as do the other individual members of the jilted LLC. The causes of action might include civil theft, unjust enrichment, fraud, breach of fiduciary duty, breach of contract, and other causes, which can be more fully developed once all the facts are known. If you cannot find an attorney with whom you feel...

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A deposition by a witness against me has a separate page stipulation near the end where parties agree read/sign shall not be wai

As pointed out by Ms. Koslyn, a deposition is never the final word, the testimony may be attacked at trial. The deposition happened and the failure to sign it is not fatal. The deponent can, within 30 days, edit any mistakes in the transcription, or even change the testimony, but then you get to re-examine the deponent as to any changed testimony. This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed...

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Am I able to get a hold of the defenses affiadavits in a dog bite case in which I am appealing my dog being deemed "dangerous"?

First, HIRE A LAWYER! If you lose at the administrative hearing stage, it is unlikely that you will win on appeal! Fla. Stat. Ch. 767 is the controlling law. The definitions provide: “(1) “Dangerous dog” means any dog that according to the records of the appropriate authority: 1. (a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; (3) “Severe injury” means any physical injury that results in broken bones,...

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Is a Delaware LLC appropriate for my commercial aircraft situation?

My firm represents various entities both as lessee and lessors of aircraft throughout the US. Each situation is different and must be evaluated thoroughly. Florida has some real benefits for an entity or individual looking to protect assets. You need to retain counsel who is versed in aircraft ownership, aircraft leasing, limitations of liability, contractual choice of law provisions, and in asset protection to advise you. This response does not create an attorney-client relationship....

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Sold business, buyer wants money back 3 months later

The most common lawsuit that occurs after the sale of a business is the buyer suing the seller, claiming that the seller failed to disclose material facts about the business. You need to retain the best business litigation attorney that you can afford. If you cannot find one that you have real confidence in, please contact me for a referral. This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed...

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