Our Practice Areas Include:
Commercial and Business Litigation
In Florida’s fast paced business environment, often times parties find themselves involved with matters that require a skilled litigation attorney. We council our clients in their business needs and provide skilled courtroom representation. Whether dealing with breach of contract matters, deceptive and unfair trade practice issues, or defending against unwarranted claims; Robert S. Winess, P.A., is civil trial law firm ready, willing, and able to competently represent your commercial and business interests.
Landlord Tenant Issues
At Robert S. Winess, P.A., we represent clients in both commercial and residential landlord tenant matters including eviction and breach of contract proceedings, lease drafting, lease review and lease agreement negotiations.
Consumer Debt Defense
We are not a credit counseling service. We are a law firm that defends individual and commercial debt collection claims in the courtroom.
One of the most common consumer debt lawsuits is for the failure to pay a credit card. The biggest misconception to handling a credit card lawsuit is that there are no alternatives other than file for bankruptcy or pay the credit card bill. That is not true.
There is another option - defend against the debt. You are lawfully allowed to defend a lawsuit brought against you and the burden of proof is on the credit card company to prove that you owe and are liable for the debt that they have brought suit on.
Depending on the amount of debt being sued for, hiring a debt defense attorney to defend against the credit card company is often a much more desirable way to address the matter rather than agreeing to payments you cannot afford, or the problems associated with filing for bankruptcy which could include being rejected for certain job opportunities.
Florida Workers' Compensation
In Florida, an employee who has been injured on the job or suffers from a work related illness may be entitled to Florida Workers' Compensation benefits from his or her employer.
Generally speaking, there are two types of Florida Workers' Compensation benefits available to an injured worker in Florida.
The first category of Florida Workers' Compensation benefits are medical benefits. Most injured or sick employees don't know that pursuant to Florida Statute, the Employer and its insurance provider pick your doctors for you. Furthermore, you are only allowed a one-time change of your medical provider. The decision to change medical providers must be done wisely and carefully.
The second class of Florida Workers' Compensation benefits available to injured or sick employees are called "indemnity benefits". Indemnity benefits are generally what people refer to as "lost wage" or monetary benefits.
In Florida, injured workers in the Workers' Compensation system are subject to very strict regulation and are precluded from bringing personal injury lawsuits against their employers except in certain extraordinary circumstances. The laws governing injured workers' rights in Florida have grown increasingly complex.
Due to the complicated nature of Florida's Workers' Compensation system and the very short statute of limitations for an injured worker to file his or her claim for Florida Workers' Compensation benefits, I strongly encourage injured workers to consult with a Florida Workers' Compensation attorney to discuss their legal rights.
Police Officer and Firefighter “Heart Bill” Claims
Robert S. Winess, P.A., takes pride in representing Florida’s First Responders in their claims for benefits under the Heart Lung bill.
WHAT IS FLORIDA’S HEART LUNG BILL?
In the State of Florida there is a statute, Florida Statute section 112.18 which provides Florida Workers’ Compensation benefits to first responders who suffer from certain types of cardiac illness and tuberculosis.
In order to qualify for treatment under the “Heart Lung” bill, the first responder must meet a certain set of criteria.
(1) You may be covered under the Heart Lung bill if you are employed full time as one of the following:
- Law enforcement officer;
- Correctional officer; or
- Correctional probation officer
(2) You suffer from one or more of the following medical conditions:
- Heart Disease;
- Hypertension; or
(3) You were disabled (incapacitated) from performing your job because of one of the above stated medical conditions; and
(4) You started service with your current employing agency with a clean “Pre-Employment Physical.” That is, that your Pre-Employment Physical did not reveal any evidence of the condition you are currently suffering from.
Entitlement to benefits under the Heart Lung bill is not automatic. Heart Lung bill cases are complicated and the benefits are often difficult to obtain.
Satisfying the above criteria does not mean that you are automatically entitled to coverage because your employing agency can still deny the benefits. This is why an attorney skilled in handling Florida “Heart Lung” cases is important to help you protect your rights.
Police Officer and Firefighter Pension Disability Claims
At Robert S. Winess, P.A., we represent State of Florida, municipal, and local firefighters and police officers in their claims and applications for duty disability and non-duty disability pension retirement benefits regardless of whether your pension plan is a local "Chapter 175/ Chapter 185" plan, or a claim through the Florida Retirement System. We can help you navigate through the pension process.
At Robert S. Winess, P.A., we recognize that a divorce can be trying and difficult for everyone involved. Therefore, whether the divorce be non-contested with minimal property, child support, or alimony issues, or a complex case, we work to quickly and expeditiously bring resolution to the matter.
If you have already been through the divorce/ dissolution process but are in a situation where you need to enforce your rights for unpaid child support, alimony, equitable distribution, or other post-dissolution obligation - we can help you. We routinely handle enforcement matters.
We are not a law firm that is going to chase unnecessary issues that ultimately results in the client having to pay increased attorneys fees. We have built our reputation on competent, fair, and efficient representation.