When recuperating from any sort of injury in Florida, a Florida injury lawyer can help you win damages if your accident was caused due to the actions of another. These damages can be used to pay for hospital treatment, lawyer costs, lost wages and transportation costs if the injured person is no longer able to drive due to their injuries. If dealing with this matter in Florida, a Florida injury lawyer is your best option when seeking damages. Florida injury lawyers will be familiar with laws defining liabilities, accidents and other relevant laws that can affect your case. Use a Florida injury lawyer over an out of state lawyer whenever you have the option to do so.
What functions can a Florida injury lawyer fulfill?
Often, insurance payments are not enough to satisfy the needs of accident victims, especially if there are substantial medical costs associated with the accident. The Florida injury lawyer will be able to determine the extent of liability for the parties responsible for the accident. Injuries that are eligible for damages are extensive, including medical malpractice, auto accidents and product defects. Florida injury lawyers can also help sue for non-payment of injury compensation such as withholding of worker’s compensation, representing you in social security disability hearings and even seeking damages from injuries from environmental hazards, such as oil spills.
What should I bring when meeting with a Florida injury lawyer?
You must bring relevant items such as police, medical and insurance documents related to the injury to the appointment. This is so the accident attorney will be able to determine which claims should be made and whom to make these claims against. The most important aspect of an injury case is determining liability. This liability must be proven in court, should the liable party refuse to settle. Be sure to ask questions if you do not understand something the lawyer has said especially on the procedural matters of the case. It is the duty of the lawyer to make the case as uncomplicated as possible, but it is the duty of the client to understand the process.
How is Florida injury law different from other states?
Floridian law does not reduce damages based on the “assumption of risk” when participating in an event that may cause injuries. Floridian courts use the Fabre doctrine, so named after a court decision in the Florida State Supreme Court. The Fabre doctrine has the jury in a personal injury trial determine to what extent the victim was also negligent in their actions leading up to the accident. The amount of damages is then lessened by the percentage of the victim’s actions that were negligent. For instance, if the victim has fallen down a flight of stairs that lacks a handrail, if the victim was speaking on the phone and not watching his or her step, then the jury will determine that the victim was perhaps, 25% negligent. 75% of the negligence is on the building owner for failing to install a handrail that would have prevented the fall. Therefore, if the victim suffered $80,000 in injuries, then by Floridian law, the victim will only receive $60,000 in damages from the other negligent party. A Florida injury lawyer is experienced with these laws and doctrines and will be able to tailor you case to maximize the amount of damages to be collected.
How do I know my Florida injury lawyer is legitimate?
All individuals that practice law in the state of Florida must be active members of the integrated Florida Bar Association. If the individual claiming to be a lawyer cannot show proof of Bar Association membership, then this legal professional is very suspect. Although the court system will have mechanisms to prevent unauthorized persons from representing clients, certain legal services, such as mediation, may be provided without the auspices of the court. This is why proof of Bar Association certification is necessary when seeking these services, to ensure that the service the lawyer will provide is professional, ethical and in compliance with Floridian law.
If you ever have doubts about the credentials of your Florida injury lawyer, ask to examine his or her credentials. If the lawyer cannot produce them, then you may want to seek out another lawyer that you feel comfortable working with. The lawyer must be professional and above all impartial. If the lawyer appears to be saying only things that you want to hear or is otherwise disingenuous, then these are marks of a poor lawyer. Lawyers will vary in their approach to personal injury cases with some preferring to litigate and make their case to a jury. Others will prefer to work out a settlement opting to avoid litigation and using the possibility or threat of litigation as leverage to receive a better settlement.
What are the typical rates of a Florida injury lawyer?
The type and nature of legal fees for Florida injury lawyers will vary from case to case. Most Florida injury lawyers will work on contingency, which will entitle the Florida injury lawyer to a percentage of the award. These lawyers will claim that they will not collect fees unless they win the case. Court fees will usually have to be paid by the client under this arrangement. Not every contingency arrangement will entail no fees paid by the client, so ascertain the nature of the relationship before retaining the services of the Florida injury lawyer.
A retainer is a fee that remains in a trust account. Every time the lawyer performs a service related to your case, he charges this account. Leftover retainer can be returned to the client, but there is also a chance that the attorney will exhaust the retainer and require the client to refill the account. The retainer does not include court costs, which are also paid by the client. However, these fees, such as the fees for filing the case, are fixed. You will usually not need this arrangement when pursuing a personal injury claim and this arrangement can become expensive for lengthy trials that are not settled early.
Take advantage of free consultations when they are available to discuss potential fees and payment arrangements with Florida lawyers. The above fees do not consider court costs, which are also paid by the client. You may be able to arrange low cost and extended payment for legal services at the discretion of the attorney or law firm.
There are several lawyer referral services for Florida injury lawyers, although none is more trusted than the Florida Bar Lawyer Referral Service. The service will provide you with the name and address of a nearby lawyer who will charge $25 for a half hour initial consultation. There is no obligation at that point and the consultation is merely an evaluation of your case with an explanation of expected fees.
What are questions to ask Florida injury lawyers?
How does my case relate to Florida state and local laws?
What are your fees and do you have alternate payment plans?
Are you an active member, in good standing, of the Florida Bar Association?
What roles do you play as a member?
Can I please have all fees in writing?
Do you see any potential flaws in my injury compensation claim?
Can you refer me to another lawyer if you are unable to take my case?
Will my negligent actions affect my award in this case?
