Frequently Asked Questions
General
Does Ferrer Counsel offer free consultations?
Yes, we offer a free initial consultation for all new clients. Call 305-423-0775 to schedule.
Is there a Spanish-speaking attorney in Miami at your firm?
Yes. Raymond Ferrer is fluent in Spanish, and Ferrer Counsel can handle your matter in English or Spanish. Se habla español.
What areas of South Florida do you serve?
We are a Miami practice, and we handle matters throughout Miami-Dade, South Florida, and the rest of Florida.
Do you meet in person, or can we do this by phone or video?
Both. The first conversation can be by phone or video. An in-person meeting can be set when the matter calls for it.
Estate Planning
What is the difference between a will and a trust in Florida?
A will directs how your assets are distributed after you die, and it applies only to assets that go through Florida probate. A trust can hold assets during your lifetime and, if those assets are titled in the trust, pass them to your beneficiaries without court intervention through probate. That can save your family time and expense, and it can keep your affairs private. Many Florida estate plans use both.
When should I update my Florida estate plan?
Review it after any major life event — marriage, divorce, the birth of a child or grandchild, the death of a beneficiary or personal representative, a move to Florida, buying or selling a home, or a significant change in your finances. Even without a major change, review the plan every two to three years.
Do I need a power of attorney and healthcare directive in Florida?
Most people do. A power of attorney lets someone you trust manage your financial affairs if you're unable to, and a healthcare directive lets you specify your medical wishes and name someone to make health care decisions on your behalf if you can't. Without these in place, your family may need to go to court to get that authority.
What is a living will?
A living will is a written statement of whether you want life-prolonging procedures if you have a terminal condition, an end-stage condition, or are in a persistent vegetative state and can no longer decide for yourself. It is not the will that distributes your property, and it does not name who decides for you. That person is your health care surrogate. In Florida, the two are usually signed together.
Do I need a living will in Florida?
You are not required to have one, but most people should. A living will states whether you want life-prolonging procedures if you have a terminal condition, an end-stage condition, or are in a persistent vegetative state and can no longer decide for yourself. It does not name the person who decides for you. That is the health care surrogate. The two are usually signed together.
Do I need a will in Florida?
You are not required to have one. If you die without one, Florida law decides who receives the assets that go through probate, and a court decides who cares for any minor children. A will lets you make those choices. It does not control assets that already pass outside probate, such as jointly titled property or accounts with a named beneficiary.
Is estate planning only for people with a large estate?
No. A will, a power of attorney, and a healthcare directive matter if you own a home, have children, or want a specific person to act for you. The size of the estate changes the plan. It does not decide whether you need one.
Personal Injury
What types of personal injury cases does a Miami personal injury lawyer handle?
Car, motorcycle, semi-truck, rideshare (Uber or Lyft), boating, premises liability, and wrongful death claims, among others.
What should I do after a car accident in Miami?
Get medical care, call the police, and exchange information with the other driver. Photograph the scene, the vehicles, and your injuries. Do not give a recorded statement to any insurance company before you speak with an attorney, and do not sign a release until you have first consulted with an attorney.
How much does it cost to hire a Miami personal injury lawyer?
Most personal injury cases are handled on a contingency fee. There is no attorney's fee upfront, and the fee is paid only if you recover compensation. You may still be responsible for costs. The fee and costs are explained before you hire the firm.
Property Damage
What types of property damage claims does a Miami property damage lawyer handle?
Hurricane loss, water loss and flooding, wind loss, hail damage, and fire loss, along with other covered perils under the policy. Coverage depends on the policy and the cause of the loss.
What should I do if my homeowner's insurance company denies or underpays my property damage claim?
Do not treat the first number as final. An attorney can review the policy, the estimate, and the denial, challenge the insurer's position, and file suit if the claim is not resolved fairly. Keep the denial letter, photos, and any estimates you already have.
How long do I have to file a property damage claim in Florida?
Florida law sets strict deadlines for reporting property damage claims and filing suit against your insurer, and these windows can be shorter than expected after a hurricane or other major loss. Contact an attorney as soon as possible to protect your rights.