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David L. Hirsch
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David Hirsch’s Answers

277 total


  • What happens if you lie about your citizenship in family court?

    Soon to be ex lives in Florida, I used to live with him. He is in the same location and our son just completed kdg from his location. School documents have our son registered at this address..he responded to the divorce petition, stating that he i...

    David’s Answer

    Perjury of one aspect of his testimony authorizes a judge to disregard all of his testimony. You need serious legal representation on this. Call for a free consult toll free 855-544LAWS(5297)

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  • My ex-husband is trying to take my daughter needs more time with him but really what he want is child support to him

    My ex-husband is trying to take my daughter assuming that my daughter needs more time with him but really what he want is to have more time with the girl that I may have to give child support to him, and not paid last 3 months of child support

    David’s Answer

    This is sadly all too common. The law sadly also favors the father in his claims for more time sharing but only if he can show that its in the best interest of the minor child. However, if this is an a attempted modification your husband has a burden of proof that there has been a substantial change in circumstances since the last custody/time sharing order unforeseen at that time and effecting the best interest of your child( read WADE V HIRSCHMAN) For a free consult on this call me toll free at 855-544LAWS(5297)

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  • Will my wife be able to claim loss of consortium if we got married 2 years after my hit and run accident that has not settled?

    My wife & I having been experiencing martial issues(sexual) due to the amount of lower back pain that I'm in. Even though my hit & run accident occurred 2 years prior to our marriage would she have a claim under the loss of consortium? This claim...

    David’s Answer

    No you can't marry to create a consortium claim. However as an unmarried person the services she provided to you during your post injury period should arguably be compensable from a recovery as incidental expense claims.

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  • I was in a car accident at an intersection. I had the green light but the other driver says that he had the green light.

    I was in a car accident at an intersection. I had the green light but the other driver says that he had the green light. How can I prove that I had the green light?

    David’s Answer

    FL is a comparative negligence state so do not abandon your claim if you feel that the other driver was even slightly at fault for speeding, or reckless driving or no brake lights etc. We have that exact case in our office and plan to win it.

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  • What are my chances in court to get visitation rights with my granddaughter?

    My granddaughter is 2 1/2 years old. I have been in her life since birth, we actually lived in the same house for almost the last 2 years. My granddaughter and I loved spending time together. My daughter and I do not get along because of her boy...

    David’s Answer

    Not very good if she has a living or caretaker parent. If she is in a dependency case you could petition the court as an interested party and they would grant you that status for good cause shown as a potential custodian

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  • Why divorce take so long

    Muy wife and I we both agree to divorce and share the value of our possession in equal part, we have not children and not one else that could claim nothing of our belongins, the question Is why the lawyers aré taking so long - Four month already- ...

    David’s Answer

    I will tell you that the FL Judiciary says a typical contested FL divorce( dissolution of marriage runs 180 days. I make my clients sign an acknowledgement of my advice letter about litigation traps. This is where your stated goals for your lawyer to accomplish vary from your hidden agenda of vengeance, retribution, defiance and obstinacy. Its the hidden agenda that normally drags out the case and causes you to go broke.

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  • Filed a notice of intent to rely on summaries and charts for a final hearing, do I have to send the other party everything?

    I've summarized close to 3 years (1100+) pages of text messages between my ex husband and I. These summaries have been turned in to a timeline of events to outline my case, petition for modification of the parenting plan/timesharing schedule. A...

    David’s Answer

    No just everything you want to use at trial. Trial by ambush is long dead and resides only in the movies. Send them what you have.

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  • Can I sue the property owner of the store I work at.

    I work at a grocery store and had a spill and fall inside a cooler and cut open my face. It was related to a wet floor inside the cooler do to a leak on the roof. The store had multiple slip and fall of costumer do the roof leaking in the store at...

    David’s Answer

    Absolutely!!! Your negligence claim for your pain and suffering and permanent disfigurement would need to be brought against the building owner, building manager and the roofing company who are responsible for negligent workmanship. We have such a case going right now for the negligent design of the sidewalk ramp entrance to a Dollar General Store suing the legal entity who had oversight and ultimate okay control on the building plans, the general contractor and the subcontractor. You will however have to reimburse your workers compensation carrier and don't get to collect twice for the medical expenses and lost wages.

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  • Improper positioning during anesthesia created inability to walk. Malpractice case.

    On July 6 I had a Radio Frequency Ablation procedure done at a Surgical Ambulatory business . During my exit I lost functionality on my right leg. The attendant remarked it happens about once a week. I failed to get help because I thought it wa...

    David’s Answer

    I have had a number of cases of horrors during anesthesia from a ripped out throat to a burn from the cauterizer. If your records show that the positioning of you on the operating table was a deviation from the acceptable standard of care for anesthesiologist and that proximately caused your permanent disability and you believe you have other anesthesiologist who say that is so then.

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