1. What do I have to pay to hire you as my lawyer?
You pay nothing up front. No down payment, no deposit, no retainer. Lawyers who handle these cases know that most people don't have the means to pay hourly for a lawyer to represent them, particularly when they have just been injured and may be unable to work.
Personal injury cases are handled on a contingency basis, which means that at the end of the case the lawyer gets a percentage of the recovery. If there is no recovery, you owe your lawyer nothing - no costs associated with the bringing of the claim and no attorneys fees. If a recovery is made on your behalf, you pay out of your settlement proceeds the costs associated with the bringing of the action and a percentage of the recovery to your lawyer.
2. In general, what is the time frame for a case to reach settlement?
You should plan on a minimum of nine months and if your case is complex, the timeframe can extend well beyond a year. Each case is different and the time frame will reflect the complexity of the case. Cases can settle pre-suit, that is, without ever having to file a lawsuit. Those usually settle within 9 months of an injury and settlement is reached because the settlement offered by the insurance company is acceptable to the injured person.
If a case goes into litigation, (a lawsuit must be filed and legal action commenced) the time frame can extend to a year or more. Litigation usually occurs if the settlement offered by the insurance company is unacceptable to you.
3. How will making a claim affect my insurance coverage or my premiums? Will I be cancelled?
Making a claim in no way affects your insurance coverage. You cannot be cancelled for making a claim. Generally, premiums are not raised just because you were involved in an accident, particularly if you were not the at fault party.
4. Should I give a recorded statement to my insurance company or to the insurance company of the individual who caused the accident?
I would not recommend either without the involvement of legal counsel. The purpose of a recorded statement is to get an individual involved in an accident to give a statement about what happened before they have legal counsel, in hopes that they will not understand why the statement is being used or the importance of the questions being asked.
The reality is that a statement given by you can and will be used against you. People involved in accidents are generally very trusting of insurance companies and figure they just want to know what happened in the accident. Insurance companies use these statements to challenge your claim and you are better off to have a lawyer explain what the questions that will be asked are designed to do and make sure you fully understand the ways in which the statement can be used before agreeing to give a statement.
5. I am unable to work due to the injuries I sustained in the accident. How can I be compensated for the wages I'm losing?
Florida law provides a method of obtaining at least partial compensation for your lost wages as they are incurred. This is covered by PIP insurance. If you have automobile insurance, you have PIP. PIP insurance will pay 60% of your wage loss, regardless of whether you were at fault in an accident or not. This entire sum goes to you and your lawyer gets no part of this. Additionally, if you were injured in the course and scope of your employment, workman's compensation also will pay a portion of your lost wages, as they are incurred. The balance of your wage claim will be part of your claim against the at fault party.
6. What is the procedure for getting my medical bills paid, and how can your firm assist me in this regard?
This is one of the major areas in which lawyers assist their clients who are involved in a personal injury claim. PIP coverage pays 80% of your medical bills up to the sum of $10,000.00, regardless of who is at fault in an accident. We will assist you with the proper submission of your bills to insurance carriers and making sure that outstanding balances do not get referred to collections while your claim is pending. Generally, health care providers will agree not to pursue collections while a claim is pending, if you agree to pay them from the proceeds of your settlement when your case is resolved.
7. How does my lawyer get paid:
Personal injury cases are handled on a contingency basis, which means that at the end of the case, the lawyer gets a percentage of the recovery. If there is no recovery, you owe your lawyer nothing - no costs associated with the bringing of the claim and no attorneys fees. If a recovery is made on your behalf, you pay out of your settlement proceeds the costs associated with the bringing of the action and a percentage of the recovery to your lawyer.
The Florida Supreme Court has approved a general contingency fee agreement for all lawyers in the state of Florida to use that provides that a lawyer may receive 33 1/3% of the settlement if the matter settles before a lawsuit has to be filed and 40% of the settlement if the matter settles after litigation is commenced. You have the right to speak with your lawyer about their percentage and they can agree to take less. However, by law, they may not take more than the Supreme Court of Florida has approved.
8. What is mediation?
Mediation is a fancy word for a settlement conference. The lawyers for each of the parties to a lawsuit agree on a neutral third party to serve as a mediator. The mediator is usually a lawyer who has many years of experience in this area of the law and can help each side see their weaknesses in their positions and try to get a case resolved. Mediations are often very successful in getting cases resolved. If your case is settled at mediation, there will be no trial and the case is over. Any agreement reached at mediation is binding.
