• Personal Injury
• Auto Accidents
• Medical Malpractice
• Insurance Disputes
• Criminal Defense
• Family Law
• Wrongful Death Accidents
• Workers Compensation
• Slip and Fall Accidents
• Nursing Home Injuries
• Negligent Security
• Birth Injuries
• Wills, Trusts and Estate Administration

Questions We Are Often Asked About Personal Injury and Wrongful Death Cases

Go directly to the Workers’ Compensation questions.

Are there any rules of thumb for how much my case might be worth?

The amount of money damages you can recover is based upon several factors that vary from case to case. In addition to any harm or loss you have suffered or may suffer in the future, these factors also include the strength of the evidence, the degree to which the defendant is at fault, and the credibility of various witnesses for each side.

On the other hand, we can often provide you with a range of possible recovery amounts for common injuries after a careful evaluation of your case. A successful recovery can consist of one or more of three types of damages:

• Special damages are awarded for losses that can documented, such as actual lost wages, medical expenses, and damage or destruction of property.
• General damages are awarded for harm and losses that cannot be itemized and measured, such as pain and suffering, physical disfigurement, a child’s loss of a parent or an adult’s loss of a spouse.
• Punitive damages are sometimes awarded to a plaintiff (or plaintiffs) in order to punish the defendant(s) and to deter others from engaging in the same behavior that led to the harm or losses. You should know, though, that punitive damages are not awarded in the vast majority of injury cases.

It is important to note that both special and general damage awards are not limited only to past damages, but also make allowance for expected future losses, such as, for example, estimated future medical costs and lost wages.

How long will it take for my case to be completed?

As you might expect, every case is unique and more complex cases take longer to resolve. With that said, cases involving auto accidents or premises liability with typical injuries usually take three to nine months to settle. Please keep in mind, though, that we want to be confident we have the best possible understanding of your long-term medical prognosis and any permanent physical impairment before you sign a release. This can delay completion of your case.

How are my attorney fees paid in a personal injury or wrongful death case?

You pay no attorney fees unless we achieve a successful recovery for you, and we will never ask you for a retainer payment. Further, your initial discussions with us and our evaluation of your case will not obligate you in any way. Our fees in personal injury matters are based upon a contingent fee agreement, which specifices that we are paid a percentage of any recovery we make for you, and any costs and expenses advanced by us during the case are deducted from the recovery proceeds at the conclusion of the case. The fee is 33-1/3 percent of the recovery if we are able to settle your case without filing a lawsuit, and 40 percent of the recovery if it becomes necessary for us to prepare and file a lawsuit.

How do your contingency fee percentage rates compare with other law firms?

Virtually all law firms handling personal injury and wrongful death cases in Florida, including this firm, use the Florida Bar’s standard contingency fee agreement, which prescribes the fee percentages listed above.

Is it better to settle or to go to trial?

The answer to this question largely depends upon the defendants’ willingess to reach a fair resolution. Some defendants insist upon fighting even the most reasonable claims, often for reasons that are not readily apparent to observers.

Still, it is usually preferable to avoid the time, expense and uncertainty of a trial. Preparation for trial proceedings in a major personal injury or wrongful death case can cost tens of thousands—and in rare cases hundreds of thousands or even millions— of dollars, including expenditures for reviews and assessments by experts, travel, court reporter fees, document copies, photography and illustrations, research reports and special tests.

Naturally, these costs and expenses must be deducted from any eventual recovery. And too, the larger the damage award, the more likely that the defendant will appeal, which starts the clock (and the expenses) running again. One research study showed that during 2001, the average time for lawsuits involving auto accidents to come trial was more than three years. [1]

Sensational news reports about million dollar-plus damage awards usually focus only on the dollar amount of the award, without bothering to disclose the months or years of time and the tens of thousands of dollars of costs that were neccessary to achieve a successful outcome. Such reports also do not usually disclose the portion of the award that must be set aside for payment of past and expected future medical bills.

In fact, most cases settle without litigation. However, in some cases there is no alternative but to go to trial. When we must pursue a lawsuit on your behalf, we will not hesitate to aggressively argue your claim. And yes, we do file lawsuits on a regular basis.
 

Workers’ Compensation Questions

How much will I receive in benefits if I am out of work?

Florida Statue 440.14 governs the payment of benefits to an injured worker who is unable to work. While an injured employee is generally entitled to receive benefits equal to two-thirds of his or her compensation at the time of injury, subject to certain legal limits, the calculation of total compensation can actually be quite complicated.

For example, the calculation may include compensation from a second job, average tip earnings, and the value of health insurance, car allowance and other benefits. In short, the determination of workers’ compensation benefits can quickly become a very confusing exercise, resulting in an underpayment of benefits. We can help ensure that you receive the full benefits to which you are legally entitled.

Can I sue the workers’ compensation insurance company?

No. Worker compensation settlements are voluntary under Florida’s “no fault” workers’ compensation law. While you cannot be forced to accept an unsatisfactory settlement offer, neither can you force the insurance company into a settlement. The workers’ compensation dispute resolution process involves court-supervised mediation, with the resulting agreement signed by all parties and approved by a Judge in a special workers’ compensation court.

How long am I allowed to collect benefits for my injury?

While covered medical care related to your injury may continue indefinitely, you can only receive lost wage benefits until your treating physician determines that you have reached maximum medical improvement for your injury. At this point, the workers’ compensation insurance company is only required to pay a substantially reduced benefit, based upon a permanent impairment rating assigned by the treating physician. If an on-the-job injury is fatal, surviving family members are entitled to benefits under Florida law. An experienced attorney can help you sort through this complex area of the law, and ensure that you receive all benefits to which you are entitled.

Who pays my attorney fees in a workers’ compensation case?

You are generally responsible for your attorney’s fees if your claim is settled. The fee is typically 10 percent of the total recovery for settlements of $5,000 or more, but can be up to 20 percent on smaller settlements. However, the court will likely require the workers’ compensation insurance company to pay your attorney’s fees if your attorney successfully obtains a benefit for you after the insurance company has denied such benefit; if your attorney proves that an injury occurred after the insurance company has denied that such injury occurred; or if your attorney successfully establishes a claim for medical benefits. The specific attorney fees payable in workers’ compensation cases are controlled by Florida Statue 440.34 and all fees must be approved by the court.

Can I pick my doctor?

Well, yes and no. Florida law limits your treatment options in workers’ compensation cases to managed care networks. On the other hand, you are entitled by law to make one physician change, to receive one second opinion, and to obtain one independent medical examination in connection with a covered injury.

Can I lose benefits if I quit the job I was injured in?

Yes, you may. We usually recommend that you complete treatment to a point of maximum medical improvement for your injury, receive a doctor’s permanent impairment rating assignment, and attempt to return to work before considering any change in employment. We strongly recommend that you consult an attorney if you feel compelled to change employment before completing these steps.

Can I be fired if I file a workers’ compensation claim?

No. Florida Statue 440.205 protects you against a wrongful firing that results from your filing of a valid workers’ compensation claim. In a notable exception to the Florida workers’ compensation law no-fault principle, you may file a civil lawsuit against your employer and seek monetary damages for the wrongful discharge. However, to recover damges, you must successfully prove that your employer fired you because you filed a workers’ compensation claim.

What if the nature of my injury prevents me from
ever returning to my job?

Unfortunately, Florida workers’ compensation law does not guarantee you new employment or provide permanent lost wage benefits if you are unable to return to your old job. You may apply to receive up to one year of vocational re-training, plus additional lost wage payments equal to roughly half of your previous compensation during the re-training preiod. You should know, though, that very few applicants are accepted into this program.
 

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[1] Data from Jury Verdict Research show that for 2001, trials involving motor vehicle accidents took more than three years (39 months) from time of incident to start of trial. The comparable time period for medical malpractice cases was over four years (51 months). The National Center for State Courts found that during 1989, the median processing time for all tort cases in the 25 urban trial courts studied was 441 days.

A tort is a legal wrong for which the law allows money damages as a remedy.