Frequently Asked Questions

At the Law Office of Attorney Adriana P. Santiesteban in Miami, we understand that navigating legal matters can be overwhelming and may raise many questions. Our goal is to provide you with clear, accessible information to help you make informed decisions about your situation. This FAQ section addresses common inquiries related to our areas of practice, including personal injury, traffic citations, debt relief, and family law.

We invite you to explore the questions and answers provided. If you don’t find the information you’re looking for or need personalized legal advice, please don’t hesitate to contact us. We’re here to support you every step of the way.

Miami Personal Injury Lawyer F.A.Q.s

  • Auto Accidents Lawyer F.A.Q.s
  • Slip and Fall Accidents Lawyer F.A.Q.s
  • Medical Malpractice Lawyer F.A.Q.s
  • Wrongful Death Lawyer F.A.Q.s
  • Product Liability Lawyer F.A.Q.s

Miami Traffic Citations Lawyer F.A.Q.s

  • Speeding Ticket Lawyer F.A.Q.s
  • Reckless Driving Lawyer F.A.Q.s
  • Driving Under the Influence (DUI) Lawyer F.A.Q.s
  • License Suspension Hearings Lawyer F.A.Q.s
  • Commercial Driver Violations Lawyer F.A.Q.s

Miami Debt Negotiations and Defense Lawyer F.A.Q.s

  • Credit Card Debt Relief Lawyer F.A.Q.s
  • Debt Settlement Lawyer F.A.Q.s
  • Debt Collection Defense Lawyer F.A.Q.s

Miami Family Lawyer F.A.Q.s 

  • Divorce Proceedings F.A.Q.s
  • Child Custody and Support F.A.Q.s
  • Alimony/Spousal Support F.A.Q.s
  • Prenuptial and Postnuptial Agreements F.A.Q.s
  • Domestic Violence Lawyer F.A.Q.s

MIAMI PERSONAL INJURY LAWYER F.A.Q.s

Auto Accidents Lawyer F.A.Q.s

What should I do immediately after an auto accident?

Ensure your safety and seek medical attention if needed. Document the scene if possible, gather contact information from other parties and witnesses, and contact an attorney as soon as possible.

How long do I have to file a personal injury claim after an auto accident?

In Florida, the statute of limitations for personal injury claims is generally four years from the date of the accident. However, it’s important to consult an attorney promptly to ensure all deadlines are met.

What if the other driver doesn’t have insurance?

You may be able to file an uninsured motorist claim with your own insurance company. We can help you navigate this process to seek compensation.

How much is my auto accident case worth?

The value of your case depends on various factors, including the severity of your injuries, medical expenses, lost wages, and pain and suffering. We can provide a better estimate after evaluating your specific circumstances.

Slip and Fall Accidents Lawyer F.A.Q.s

What should I do immediately after a slip and fall accident?

Seek medical attention even if injuries aren’t immediately apparent. Report the incident to the property owner or manager, document the scene with photos, collect contact information from witnesses, and contact an attorney as soon as possible.

How long do I have to file a slip and fall injury claim?

In Florida, the statute of limitations for personal injury claims is generally four years from the date of the accident. However, it’s best to consult an attorney promptly to ensure all legal deadlines are met.

Can I still recover damages if I was partially at fault for the accident?

Yes, Florida follows a “pure comparative negligence” rule, meaning you can recover compensation even if you were partially at fault, but your damages may be reduced by your percentage of fault.

What types of compensation can I recover in a slip and fall case?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, rehabilitation costs, and other related damages.

Medical Malpractice Lawyer F.A.Q.s

What is medical malpractice?

Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, resulting in injury or harm to a patient.

How do I know if I have a medical malpractice case?

Determining if you have a case requires a thorough review of medical records and circumstances. Consulting an experienced attorney can help assess the viability of your claim.

What is the statute of limitations for medical malpractice claims in Florida?

Generally, you have two years from the date of the incident or discovery of the injury to file a claim, but no more than four years from the date of the malpractice. Exceptions may apply, so it’s important to consult an attorney promptly.

What compensation can I recover in a medical malpractice case?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, rehabilitation costs, and other related damages.

Will my case go to trial?

Many medical malpractice cases are settled out of court. However, if a fair settlement cannot be reached, we are prepared to take your case to trial.

Wrongful Death Lawyer F.A.Q.s

Who can file a wrongful death claim in Florida?

In Florida, the personal representative of the deceased person’s estate must file the wrongful death claim on behalf of the estate and surviving family members, such as spouses, children, and parents.

What damages can be recovered in a wrongful death lawsuit?

Recoverable damages may include medical and funeral expenses, loss of income and benefits, loss of companionship and protection, mental pain and suffering, and other financial losses experienced by the survivors.

How long do I have to file a wrongful death claim?

In Florida, the statute of limitations for wrongful death claims is generally two years from the date of death. It’s important to consult an attorney promptly to ensure all legal deadlines are met.

Can a wrongful death claim be filed if criminal charges are also involved?

Yes, a wrongful death claim is a civil action separate from any criminal proceedings. Even if the responsible party faces criminal charges, you can pursue a civil lawsuit for damages.

What is the process for pursuing a wrongful death claim?

The process involves investigating the circumstances of the death, identifying liable parties, calculating damages, filing the lawsuit, and engaging in negotiations or trial proceedings. We guide you through each step with care and professionalism.

Product Liability Lawyer F.A.Q.s

What should I do if I’m injured by a defective product?

Seek medical attention immediately. Preserve the product and any packaging or instructions. Document your injuries and the incident, and contact an attorney as soon as possible.

Who can be held liable in a product liability case?

Manufacturers, distributors, suppliers, retailers, and other parties involved in the product’s chain of distribution may be held liable.

How long do I have to file a product liability claim?

In Florida, the statute of limitations for product liability claims is generally four years from the date of injury. However, it’s important to consult an attorney promptly to ensure all legal deadlines are met.

Do I need to prove negligence in a product liability case?

Product liability cases often rely on strict liability, meaning you may not need to prove negligence, only that the product was defective and caused your injury.

What compensation can I recover in a product liability case?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and other related damages.

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MIAMI TRAFFIC CITATIONS LAWYER F.A.Q.s

Should I just pay the fine for my traffic ticket?

Paying the fine is an admission of guilt and may result in points on your driving record, increased insurance rates, and potential license suspension. It’s advisable to consult with an attorney to explore your options for contesting the ticket.

Can an attorney get my traffic ticket dismissed?

While no outcome can be guaranteed, an experienced attorney can identify errors or defenses that may lead to a reduction or dismissal of your ticket.

How long do points stay on my Florida driving record?

Points from traffic violations remain on your Florida driving record for at least five years.

What is a “withhold of adjudication” in traffic cases?

A withhold of adjudication means that the court does not formally convict you of the offense, which can prevent points from being added to your driving record.

Do I have to appear in court for my traffic citation?

In many cases, your attorney can appear on your behalf, saving you time and the inconvenience of attending court.

How can a traffic violation affect my insurance rates?

Traffic violations often lead to increased insurance premiums. Keeping violations off your record can help maintain lower insurance costs.

What are the consequences of a DUI conviction in Florida?

Penalties include fines, license suspension, mandatory ignition interlock devices, community service, probation, and possible jail time.

Can I refuse a breathalyzer test during a DUI stop?

Florida’s “implied consent” law means that refusal can result in an automatic license suspension and can be used against you in court.

Is it worth hiring an attorney for a minor traffic violation?

Even minor violations can have long-term impacts on your driving record and insurance rates. An attorney can help mitigate these consequences.

How do commercial driving violations differ from regular traffic violations?

Commercial drivers are held to higher standards, and violations can lead to disqualification from operating commercial vehicles, impacting your employment.

Speeding Ticket Lawyer F.A.Q.s

Is it worth fighting a speeding ticket?

Yes. Contesting a speeding ticket can help prevent points on your license, avoid fines, and keep your insurance rates from increasing. An experienced attorney can identify defenses that may lead to a reduction or dismissal of the charges.

What are the consequences of paying a speeding ticket?

Paying the ticket is an admission of guilt. This results in points on your driving record, which can lead to license suspension if you accumulate too many. It may also cause your insurance premiums to rise.

How many points will a speeding ticket add to my license in Florida?

Points vary based on how much you exceeded the speed limit:

  • 3 points for speeding less than 15 mph over the limit.
  • 4 points for speeding 15 mph or more over the limit.
  • Additional penalties for speeding in a school or construction zone.
Can attending traffic school help?

Completing a state-approved traffic school course may prevent points from being added to your record for certain violations. However, eligibility and benefits vary. We can advise if this is a suitable option for your case.

What if I have a commercial driver’s license (CDL)?

CDL holders are held to higher standards. Traffic violations can have more severe consequences, including disqualification from operating commercial vehicles. It’s crucial to seek legal representation to protect your livelihood.

Do I have to appear in court for my speeding ticket?

In many cases, we can represent you in court without the need for you to appear, saving you time and inconvenience.

How long does a speeding ticket stay on my record?

In Florida, points from a speeding ticket remain on your driving record for at least five years. However, the ticket itself may stay on your record longer.

Can a speeding ticket from another state affect my Florida license?

Yes. Florida participates in the Driver License Compact, which means out-of-state violations can impact your Florida driving record.

How much does it cost to hire an attorney for a speeding ticket?

Legal fees vary depending on the complexity of your case. We offer competitive rates and will provide a clear estimate during your initial consultation.

What methods do officers use to measure speed, and can they be challenged?

Common methods include radar, laser (LIDAR), pacing, and aircraft timing. Each method has potential inaccuracies or procedural requirements that can be challenged in court.

Reckless Driving Lawyer F.A.Q.s

What should I do immediately after a slip and fall accident?

Seek medical attention even if injuries aren’t immediately apparent. Report the incident to the property owner or manager, document the scene with photos, collect contact information from witnesses, and contact an attorney as soon as possible.

How long do I have to file a slip and fall injury claim?

In Florida, the statute of limitations for personal injury claims is generally four years from the date of the accident. However, it’s best to consult an attorney promptly to ensure all legal deadlines are met.

Can I still recover damages if I was partially at fault for the accident?

Yes, Florida follows a “pure comparative negligence” rule, meaning you can recover compensation even if you were partially at fault, but your damages may be reduced by your percentage of fault.

What types of compensation can I recover in a slip and fall case?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, rehabilitation costs, and other related damages.

Medical Malpractice Lawyer F.A.Q.s

What is medical malpractice?

Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, resulting in injury or harm to a patient.

How do I know if I have a medical malpractice case?

Determining if you have a case requires a thorough review of medical records and circumstances. Consulting an experienced attorney can help assess the viability of your claim.

What is the statute of limitations for medical malpractice claims in Florida?

Generally, you have two years from the date of the incident or discovery of the injury to file a claim, but no more than four years from the date of the malpractice. Exceptions may apply, so it’s important to consult an attorney promptly.

What compensation can I recover in a medical malpractice case?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, rehabilitation costs, and other related damages.

Will my case go to trial?

Many medical malpractice cases are settled out of court. However, if a fair settlement cannot be reached, we are prepared to take your case to trial.

Wrongful Death Lawyer F.A.Q.s

Who can file a wrongful death claim in Florida?

In Florida, the personal representative of the deceased person’s estate must file the wrongful death claim on behalf of the estate and surviving family members, such as spouses, children, and parents.

What damages can be recovered in a wrongful death lawsuit?

Recoverable damages may include medical and funeral expenses, loss of income and benefits, loss of companionship and protection, mental pain and suffering, and other financial losses experienced by the survivors.

How long do I have to file a wrongful death claim?

In Florida, the statute of limitations for wrongful death claims is generally two years from the date of death. It’s important to consult an attorney promptly to ensure all legal deadlines are met.

Can a wrongful death claim be filed if criminal charges are also involved?

Yes, a wrongful death claim is a civil action separate from any criminal proceedings. Even if the responsible party faces criminal charges, you can pursue a civil lawsuit for damages.

What is the process for pursuing a wrongful death claim?

The process involves investigating the circumstances of the death, identifying liable parties, calculating damages, filing the lawsuit, and engaging in negotiations or trial proceedings. We guide you through each step with care and professionalism.

Product Liability Lawyer F.A.Q.s

What should I do if I’m injured by a defective product?

Seek medical attention immediately. Preserve the product and any packaging or instructions. Document your injuries and the incident, and contact an attorney as soon as possible.

Who can be held liable in a product liability case?

Manufacturers, distributors, suppliers, retailers, and other parties involved in the product’s chain of distribution may be held liable.

How long do I have to file a product liability claim?

In Florida, the statute of limitations for product liability claims is generally four years from the date of injury. However, it’s important to consult an attorney promptly to ensure all legal deadlines are met.

Do I need to prove negligence in a product liability case?

Product liability cases often rely on strict liability, meaning you may not need to prove negligence, only that the product was defective and caused your injury.

What compensation can I recover in a product liability case?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and other related damages.

If you can't find your answers here, we are a click away. Fill the form below and we will get back to you with an answer as soon as possible.

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Miami Debt Negotiations and Defense Lawyer F.A.Q.s

How can you help me reduce my debt?

We can negotiate with your creditors to lower interest rates, reduce the principal balance, or establish affordable payment plans. Each case is unique, and we’ll develop a strategy tailored to your situation.

What is the difference between debt settlement and bankruptcy?

Debt settlement involves negotiating with creditors to pay less than the full amount owed, without court involvement. Bankruptcy is a legal process that can discharge certain debts but may have longer-lasting effects on your credit.