Attorney Rami Shmuely represents clients in litigating personal injury and third-party liability cases in Miami, FL. Rami Shmuely also has extensive knowledge of complex debtor protection matters. Asset protection is a major issue for many Florida residents, with malpractice and corporate and property liability cases on the rise.
With proper insurance a must, a number of state laws impact which assets are applicable when creditor claims arise. One aspect involves declaring the primary Florida residency a “homestead.” Under this classification, it cannot be part of a court-mandated forced sale under state law, with certain exceptions.
Exceptions include situations of tax or assessment payment and contracted obligations related to the property acquisition. With an occupancy requirement in effect, other restrictions to declaring a homestead include having a property size of no more than a half acre within a municipal boundary, and 160 acres outside of a municipality.
Another strategy for those who are married involves the titling of a property as tenants by the entirety (TBE). Through this classification, wife and husband are considered to be “one person.” When this is in effect, neither spouse has the ability to sever the property alone and thus a creditor’s claim against one party cannot be attached to the TBE property.
Rami Shmuely, an attorney with Chavin Mitchell Shmuely PA in Miami, FL, has practiced law for more than a decade. In particular, Rami Shmuely is experienced in handling premises liability and injury claims.
Premises liability means the owner or non-owner resident of a property can be responsible when a visitor is injured on the property. While the owner is considered to have offered an implied promise regarding the safety of the property, the visitor is expected to use the property in a reasonable manner.
In many premises liability cases, liability is split to some extent between the property holder and the injured party. If the accident was a foreseeable consequence of the status of the property and the property holder made little effort to prevent or give warning of the circumstances, such as leaving a damaged step in position without repair or warning signs, the property owner is more likely to be legally considered at fault. If the visitor was using the property in a reckless manner, such as grinding down a handrail with a skateboard, then the visitor is more likely to be considered at fault. The division of fault between the two parties affects monetary damage awards.
An attorney based in Miami, FL, Rami Shmuely earned his degree in law from the St. Thomas University School of Law. While studying for his juris doctor, Rami Shmuely was involved with many campus law organizations and was a Stephen R. Booher American Inns of Court member.
To earn a juris doctor at St. Thomas, a student must complete 90 credits of coursework, including many required courses. The first year of the program includes foundational courses on topics such as torts, legal research, constitutional law, and property law. The second year has only two required courses, appellate advocacy and advanced legal skills. There are also several required courses that can be taken at any time.
Students should also complete at least 50 hours of pro bono work in order to graduate. Up to 25 hours of this requirement can be completed in a community-based setting with no specific relationship to the field of law. The remainder, however, must be pro bono legal work under the supervision of legal professionals at a government agency, law firm, or legal service organization.
Rami Shmuely serves as an attorney and partner in the firm of Chavin Mitchell Shmuely in North Miami, FL, where he handles a variety of personal injury cases. Rami Shmuely has extensive experience in insurance matters, including underinsured and uninsured motorist coverage.
According to a 2015 report by the Insurance Research Council, the state of Florida has the highest uninsured motorist rate in the nation, at 26.7 percent. This can pose a serious challenge to individuals injured in accidents as it can be very difficult to collect personally from an at-fault individual.
Although Florida Law has procedures in place to assist individuals injured by uninsured drivers, the process can be difficult and futile. Therefore, the best way to protect yourself as a Florida Driver is to purchase Uninsured / Under-insured Motorist coverage from your own auto insurance company. Your insurance agent can provide you various options for this type of coverage.