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1. Why do I need a
lawyer when the insurance company has offered to pay my medical
bills?
2. What should I look
for in choosing a lawyer to represent me?
3. How can I afford a
lawyer?
4. Will I have to put up
any money to get started?
5. Isn't it expensive to
pursue a claim involving serious injuries, medical malpractice, or a
defective product? Who pays for the out-of-pocket expenses to
prosecute my case?
6. What is my case
worth?
7. I'm not the "suing"
type. Is there any way my claim can be resolved without actually
filing a lawsuit?
8. Will my case go to
trial if we do not have to file suit?
9. I've heard that jury
awards are more conservative than they used to be, and that the
large verdicts I read about in the newspaper are unusual. Is this
true?
1. Why do I need a
lawyer when the insurance company has offered to pay my medical
bills?
Florida law provided for
an injured person to be compensated or made whole by the responsible
party. Obviously, the extent of compensation will vary depending on
the specific facts or a case. In many cases, however, full
compensation may include elements of damage other than payment of
medical bills, such as payment for pain and suffering, mental
anguish, loss of ability to enjoy life, lost wages and diminished
earning capacity. This is why early consultation with a lawyer
experienced in personal injury cases can help you obtain the maximum
recovery allowed by the law.
2. What should I look
for in choosing a lawyer to represent me?
Before hiring a lawyer,
you should research the law firm and lawyers you are considering to
represent you. Ask for information about the lawyer's education,
training and experience, and ask the lawyer to tell you about
his/her experience in dealing with cases similar to yours. Ask about
the lawyer's trial and courtroom experience, and assure yourself
that if your case goes to trial, your lawyer has the knowledge and
experience to take you there. Ask the lawyer to go over the
attorney's fee contract with you in detail, and be sure you
understand how the lawyer's fees and costs will be paid at the end
of the case.
3. How can I afford a
lawyer?
Most trial lawyers are
willing to handle personal injury cases on a contingency fee basis.
This means that the lawyer will not charge you a fee for his time
unless there is a recovery. If a recovery is made, then the
attorney's fee is based on an agreed percentage of the gross amount
recovered. The lawyers at Johnson & Williams, P.A. charge contingency
fees in accordance with the Florida Supreme Court guidelines,
typically 33-1/3% in a case that is settled before the need for a
lawsuit arises, and 40% when a lawsuit becomes necessary and is
contested. The contingent attorney's fee does not include the costs
of pursuing a claim, which may range from just a few hundred dollars
to tens or even hundreds of thousands of dollars. These costs are
payable separately, and not as a part of the contingent fee.
Although many law firms may require you to pay these costs in
advance, at Johnson and Williams, P.A. we understand that the
consequences of an injury make it difficult, if not impossible, for
our clients to advance the costs of a case. In most cases, we pay
the costs, and simply ask to be reimbursed at the conclusion of a
case when your recovery is received.
4. Will I have to put
up any money to get started?
Typically, no. The
majority of cased we handle involve a contingency fee contract. That
means we do not get paid unless and until our client makes a
recovery. In some unique circumstances, we will represent a client
on an hourly-fee basis, if the case calls for such an arrangement.
In either case, the fee and cost agreement you have with our firm
will be explained to you in detail before we begin pursuit of your
claim.
5. Isn't it expensive
to pursue a claim involving serious injuries, medical malpractice,
or a defective product? Who pays for the out-of pocket expenses to
prosecute my case?
Indeed, it can be very
expensive to pursue claims involving serious injuries, medical
malpractice and defective products. It is not uncommon for the costs
in such cases to exceed many tens of thousand dollars. At Johnson
and Williams, P.A. we understand that the expenses of pursuing
significant cases can be substantial. Accordingly, we have
positioned ourselves to be able to advance the costs necessary to
prepare cases properly for trial Ultimately, out-of-pocket expenses
are a client's responsibility in a successfully-concluded case.
While a case is pending, we generally advance the expenses incurred
during our representation. If and when the case reaches a successful
conclusion, the costs we have expended are returned to us out of
your recovery.
6. What is my case
worth?
Every case is unique.
Before an accurate determination of the value of your personal
injury case can be made, your doctors must have determined that you
have reached maximum medical improvement, and we must have a
thorough understanding of your course of medical treatment, your
current condition and your future prognosis. Additionally, we must
have had an opportunity to completely investigate the details of the
accident, and analyze the impact that the accident has had on your
wage-earning ability and on your lifestyle. Only then can an
experienced and knowledgeable personal injury attorney accurately
determine the value of your case. You should be wary of any law firm
that purports to put a specific value on your claim before having an
opportunity to learn all of the relevant facts and determine the
impact that the accident will have on your future.
7. I'm not the
"suing" type. Is there any way my claim can be resolved without
actually filing a lawsuit?
You should know that the
vast majority of personal injury claims are resolved before a jury
reaches a verdict at trial. Many cases are settled even before a
lawsuit must be filed. The ultimate decision about whether to file a
lawsuit at all is the client's. At Johnson and Williams, P.A. we are
committed to helping our clients reach a satisfactory conclusion to
their claim, whether by a lawsuit and trial, or by some alternative
means. Our lawyers are experienced in alternative dispute resolution
procedures, such as mediation and arbitration, that can avoid the
need to file a lawsuit altogether. In all cases, we take the time to
explain to our clients the alternatives available, including the
risks and advantages of each, so that our clients can make an
informed decision that is best for his or her individual
circumstances.
8. Will my case go to
trial if we do not have to file suit?
It is well-documented
that most lawsuits that are filed are settled before trial.
Regardless, we prepare every case as if it might ultimately be
decided by a jury. We believe in being prepared in the event an
agreement between the parties cannot be reached. At the same time,
our philosophy is to aggressively pursue resolution of claims at all
stages in the case, so that the process does not become unduly
difficult, burdensome, or expensive for our clients, and so that we
obtain the best results possible.
9. I've heard that
jury awards are more conservative than they used to be, and that the
large verdicts I read about in the newspaper are unusual. Is this
true?
Studies show that
verdict trends have moved in a more conservative direction over the
past several years, both with respect to the probability of a
verdict in the plaintiff's favor and the amount of damages awarded.
The popular media focus on the unusual verdicts, and tend to
sensationalize jury awards that are exceptional. Do not be misled
into thinking that juries routinely award large amounts of money for
personal injury claims. The results in any case depend on its
particular facts and the effectiveness of your legal representation.
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Call Now for a Free
Consultation: 407-245-1268
or toll free
1-866-539-9995
The hiring of a lawyer
is an important decision and should not be based solely upon
advertisements. Before you
decide, ask us to send
you written information about our qualifications and experience.
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