Income tax can, in some instances, be discharged in a personal bankruptcy. In order for income taxes to be dischargeable, the tax returns had to have been filed at least two years prior, and the same amount of time would have to have gone by before they can become dischargeable.

Income tax can, in some instances, be discharged in a personal bankruptcy. In order for income taxes to be dischargeable, the tax returns had to have been filed at least two years prior, and the same amount of time would have to have gone by before they can become dischargeable.

What Are The Exemptions For Bankruptcy In Florida?

In a Chapter 7 case, in order to obtain the benefit of the discharge, meaning the wiping out of the debt, the tradeoff that the federal government has set is that a consumer is limited on the amount of assets they can keep. The exemptions are the list of property that comes from state and federal law, which says which things you are allowed to keep. In Florida, the abbreviated list includes your homestead or primary residence, a certain allowance of personal property, which includes basic household goods, a limited allowance of vehicle equity, retirement funds, and some other assets. In cases outside of Chapter 7, such as Chapter 13, you are allowed to keep all of your assets, but the exemptions may affect your monthly repayment plan.

Florida Personal Injury Attorneys

A bad motor vehicle collision or other severe accident can change your life in an instant. You may be facing huge medical expenses, pain, disability, property damage and other losses.

Those who caused your losses should be held responsible.

You need an outstanding Florida personal injury lawyer to get you the compensation you deserve.

Be a Respected Client Not a Number

Ziegler Diamond Law will give your case the personalized attention you deserve if you are involved in :

Car accident
Rideshare accidents (such as Uber or Lift)
Trucking accident
Work-related injury
Wrongful death of a loved one

Don’t Lose
Your Rights

The clock is ticking. You need to take action for monetary damages against those responsible within the allowed time limits under Florida law. If you don’t act in time, you can lose those rights forever.

Collect Even if You Are Partially at Fault

You may still be able to collect damages even though you were partially at fault for the accident. But you need to call a Florida personal injury attorney while you still have time.

Personal Injury Practice Areas:

If You Don’t Collect,
You Don’t Pay

We are on your side. You only pay us if we can win compensation for your losses. We only take a percentage of the amount we recover for you.

Not only that, but we will analyze your case for free and give you our recommendations on how to proceed.

Call Us
for a Free
Consultation

If you or your family member has been injured in an accident in Florida, call Florida personal injury attorneys Ziegler Diamond Law at
(727) 538-4188 in Clearwater,
(813) 225-3111 in Tampa or
(352) 600-1326 in Mt. Dora.

You May Be Compensated
for These Losses

Current medical bills
Projected future medical bills
Interference with normal living. In other words, you cannot do things you used to do such as play a sport you enjoy.
Physical deformity
Lost wages
Loss of future earing capacity
Pain and suffering
Punitive damages
Property damages

What Our Clients Say About Us

Book a call with a Personal Injury Lawyer today

If you want to create a plan to solve your financial problems then book a call today and take the first step

FAQ's

Can I keep my car when I file

The short answer is “it depends, but usually yes.” Here is the longer answer: In a chapter 7 case, the trade-off for eliminating your debts is that you are limited on the stuff you can start over with. In other words, fresh start debt side, fresh start asset side. For those using Florida allowances (called “exemptions”), you are allowed to hold onto your home, $1,000 in equity in a vehicle, $1,000 in personal property, retirement accounts, and a few other categories of assets. Also if you don’t own your home, you get a $4,000 wildcard allowance. So if your vehicle equity (after substracking any loan on it) is less than the allowances, you can keep it. If its more than the allowances, you can still keep it, but you may have to pay extra.

In a chapter 13 case, you can keep all of your assets, but you commit to a payment plan.

Can I keep a credit card when I file

You have to list all of your debts when you file. You can’t selectively leave a debt off of the forms, even if you want to pay the debt. Any credit card listed is going to be closed.

If you have a card that is totally paid off, it may not have to be listed, but in most instances it will be closed anyway by the credit card company. I do not recommend making a big payment to $0 out a card right before bankruptcy in hopes that you can keep the card. A big payment on a debt shortly before a case can create complications within the bankruptcy.

When do I get my credit back?

Let me start with the bad news – bankruptcy stays on a credit report for up to 10 years. But keep in mind that a credit report is about a lot more than bankruptcy, and when the bankruptcy process clears your debt, it gives you an opportunity to rebuild instead of being stuck with accounts that have a late balance.

While each credit profile is unique, here is what we generally find:

Most clients have the opportunity to get better credit scores than when they started bankruptcy within 2 years, particularly if you are proactive in credit building.
You can get a car almost immediately after bankruptcy (but maybe with rough loan terms), you can get a credit card approximately after a year, and a mortgage after 2 years (however, these timelines vary based on income and other factors).
We help support the path to credit recovery by reviewing your credit report after the discharge to make sure it is accurate, and by including a subscription to a credit education class after the process is over to help identify opportunities to improve your score.

How do I know what chapter I qualify for?

While there are a number of factors that help guide us on what chapter is appropriate, the two most common are the “means test” and looking at what types of debts you are looking to address.

The means test looks at your household income as compared to the statewide median income for your household size. Its government’s way of saying that if you make enough money, you should pay at least a portion of what you owe. Particularly for married individuals, the means test is usually calculated off of both spouses’ income, even if only one spouse has the debt complications. Sometimes this rule can make for difficulties in bankruptcy options, and we might look at debt consolidation as an alternative.

The second factor we look at is what debt-problems we are solving. Chapter 7 does very little to assist with problems with secured debt, like a car loan or a mortgage that is behind.

Can I be denied a bankruptcy discharge?

Generally, for someone who meets the basic bankruptcy requirements and is filing in good faith, they will be granted the discharge unless they have done something to disqualify themselves – for example, if they committed fraud

Personal Injury Law in Florida

Florida’s personal injury laws are designed to protect those who’ve been injured due to the negligent or intentional actions of others. These laws allow injury victims to seek due compensation for their damages, which can include money for medical bills, property damages, lost wages and more. These laws cover all types of tort cases, including those involving:

Car, truck, and motorcycle accidents
Boat accidents
Pedestrian accidents
Slip and fall incidents
Medical malpractice claims
Product liability
Rideshare accidents
Wrongful death
Workers compensation claims

Since Florida’s personal injury laws are rooted in modified comparative negligence, you and your attorney must prove that the defendant owed you a ‘duty of care,’ and their breach of that care resulted in damages. Additionally, you won’t be eligible to seek any damages if you’re more than 50% responsible for the accident. It’s dually important to note that your potential financial recovery is reduced by the same percentage of your fault.

Why it’s Important to Work With a Local Florida Injury Lawyer

As you can see, this process can be incredibly complex, and often requires the expertise and knowledge of a proven Florida injury lawyer. A few benefits to working with a skilled local attorney include:

They can easily navigate state and local laws.
Local lawyers are more accessible.
A local attorney can leverage their relationships with local judges, court staff and the like.
They have a deeper understanding of your community and localized challenges you may be facing, allowing for more personalized legal advice.

Why Choose Our Florida Personal Injury Lawyers?

At Ziegler Diamond Law, we understand that every case is unique. We offer tailored solutions to meet the needs and circumstances of each client. Our Florida accident injury attorneys are:

Committed to providing personalized legal strategies designed to match the specifics of your situation.
Focused on keeping your needs, goals and concerns at the forefront
Here to guide you step-by-step through the Florida personal injury process

Our experience and personalized service are what makes us one of the best injury lawyers in Florida. However, what really sets us apart is our deep understanding of the personal injury legal landscape across the state. From negotiating with insurance companies to understanding local court procedures to taking your case to trial – We’re here to ensure you’re compensated fairly for the damages you’ve sustained.

Types of Personal Injury Cases We Handle

We’re not your average Florida personal injury lawyers – We’re excellent. Which is why we’re prepared to handle a wide range of personal injury cases, including:

Car Accidents

By August of 2024, there were already more than 228,000 crashes in the state of Florida, many of which were car accidents. These accidents can, and often do lead to expensive medical bills, lost wages, and more. Our team of car accident attorneys have extensive experience representing crash victims and are confident that we can help you achieve the best possible outcome under your circumstances.

Slip and Fall Accidents

According to the CDC, slip and fall accidents are one of the most common causes of traumatic brain injuries (TBI) – But that’s not all. They’re also known to cause broken bones, slipped discs, nerve damage, and even paralysis. Whether you were injured in a public place of business or a private residence, our Florida slip and fall lawyers are here to hold property owners accountable for negligence and secure maximum compensation for your injuries.

Medical Malpractice

If your healthcare provider neglects to meet the “standard of care,” and it results in injuries or harm, it’s considered medical malpractice. These cases are incredibly complex and typically require extensive medical evidence and expert testimony. Our medical malpractice lawyers are here to help you identify the cause of your injuries and seek compensation from all responsible parties.

Workplace Injuries

Whether you’re working on a construction site or in an office, workplace injuries can happen anywhere. Some of the most common work-related injuries include:

Repetitive strain injuries
Faulty equipment injuries
Slip and falls
Caught-in-between accidents
Injuries caused by falling objects

Our worker’s compensation attorneys are here to investigate your case, file a claim, and if needed, file a personal injury lawsuit on your behalf.

Product Liability

These types of cases are the result of a product that’s dangerous or defective and causes injuries to consumers. The good news is that manufacturers, distributors, and even retailers can be held liable for any injuries that are the result of:

Design defects
Manufacturing defects
Lack of adequate warnings

Our attorney’s will aggressively pursue maximum compensation for your injuries from all responsible parties.

Wrongful Death

There’s nothing easy about losing a loved one, but that’s especially true if it’s due to the negligence or intentional actions of another person. Wrongful death claims are designed to help surviving family members to seek damages for their loss, which can include emotional suffering, lost income, funeral expenses and more. Our Florida accident injury attorneys provide compassionate legal consultation to the families of victims, ensuring they get the justice and compensation they deserve.

The Process of Working with Our Florida Personal Injury Lawyers

When you work with a Florida injury lawyer at Ziegler Diamond Law, you can expect a comprehensive and supportive partner who prioritizes your current and future needs. Here’s what you can expect from us:

Free Consultation

Every case starts with a free consultation with a personal injury defense attorney. When you visit our office, we’ll learn more about your story, assess the initial details of your claims, and give you honest feedback about the viability of your case. This meeting gives our attorneys an opportunity to truly understand the circumstances that caused your injuries and determine the best next step in the process.

Case Evaluation

After determining the legal merits of your case, our team will begin an extensive evaluation of the details. This can include scouring medical records, consulting with industry experts, researching relevant case law, and more. We’ll then advise you on the best legal strategy, whether that’s negotiating a fair settlement or preparing your case for trial.

Legal Representation

Once we’ve developed a solid strategy, your Florida accident injury lawyer will take charge of your case. We’ll handle all aspects of your legal representation, including:

Gathering evidence
Filing claims
Negotiating with insurance companies
Hiring expert witnesses

You can take your mind off the legal burden and focus on recovery, while we fight for your right to justice and fair compensation.

Going to Court

Most personal injury cases reach a settlement outside of court. However, in the event that it doesn’t, our attorneys are ready to take your case to trial. From securing witness statements to identifying key evidence, we’re prepared to take your case the distance to secure the best possible outcome.

What to Expect from a Personal Injury Claim in Florida

Filing personal injury claims in Florida is a complex process that involves many steps. Understanding what to do (and when to do it) can help you go through the process with confidence.

Legal Process and Timelines

Depending on the complexity of your case (i.e., nature of injury, number of parties involved, etc.), the entire process can take anywhere from a few months to years. Here’s what the process typically looks like:

Injury occurs and you seek immediate medical attention
Consultation with a Florida accident injury lawyer
Your attorney investigates the merits of your case
They send a demand letter to the insurance company
Negotiations begin, with the goal of reaching a fair settlement
If a settlement can’t be reached, your attorney will file a lawsuit
A resolution is reached before the trial begins or via court order

It’s important to note that every case is different, which is why it’s essential to consult with your attorney about the potential timeline of your case.

Compensation Types

If you’ve suffered injuries due to the negligence of another party, you may be entitled to seek a range of damages:

Medical Bills: Covers the cost of emergency transportation, hospital stays, surgery, medication, and even ongoing treatment.
Lost Wages: Allows plaintiffs to recoup income they lost due to the injury.
Pain and Suffering: A special non-economic damage that covers physical pain and emotional distress.
Property Damage: include damages to your personal property (i.e., car, personal devices, etc.).

Frequently Asked Questions About Personal Injury in Florida

Here are some common questions clients ask our personal injury lawyer in Florida:

How long do I have to file a personal injury claim in Florida?

The statute of limitations for personal injury claims in Florida is four years from the date you suffered the injury. However, there are many notable exceptions – Which is why it’s always recommended to consult with an injury attorney in FL as soon as possible.

What should I do immediately after an accident?

Your number one priority following an accident should be your health. We recommend you seek medical attention immediately following your injury. It’s also best if you document the scene, gather eyewitness details, and report the incident to the appropriate authorities. Next, contact an experienced Florida injury lawyer to discuss the details of your case and protect your rights.

Can I still file a claim if I was partially at fault?

Yes, you can still file a claim as long as you’re less than 50% responsible. However, since Florida follows a doctrine of comparative negligence, your compensation will be reduced by the percentage of your fault. A skilled personal injury lawyer in Florida can help you understand how this rule applies to your claim.

How much is my personal injury case worth?

Your attorney takes into account a wide range of details before determining the value of you case. This includes, but isn’t limited to:

How severe your injuries are
Your medical expenses (including rehab)
Wages or income lost due to the injury
Property damages
The overall impact on your quality of life

A Florida accident injury lawyer can provide a more accurate estimate after evaluating your case.

How long will it take to resolve my case?

The time it takes to reach a resolution in your case can vary based on a number of factors. While some cases can be resolved in a matter of months, others can take years to conclude. Your Florida personal injury lawyer will keep you updated and informed throughout the journey.

Clearwater: (727) 538-4188 Tampa: (813) 225-3111

Mt. Dora: (352) 600-1326