The civil justice system makes personal injury representation more accessible by stipulating that Florida injury cases must be accepted on a contingency fee basis. What that means is plaintiff’s don’t pay attorney’s fees up front – or at all if they don’t win. Attorneys have incentive to be honest with you about the merits of your case, the extent of your damages and your chances at winning a favorable settlement or verdict.

That said, you might not need an attorney, particularly if your injuries are very minor. An injury lawyer will tell you will tell you upfront in a free initial consultation whether you can benefit from their services – or not.

What Does a Personal Injury Lawyer Do, Exactly?

An injury lawyer has many functions in civil tort cases. These include:

• Providing advice. The legal system can be a bureaucratic beast for someone who isn’t familiar with it. We can help.
• Explaining your rights. You may not realize how many individuals/businesses owed you a responsibility to use greater care. You may not recognize the potential for numerous claims. You may not grasp how much money you are actually entitled to claim. And chances are, you probably don’t know how to prove it all or establish that the defense’s evidence is suspect. This is where our objective, knowledgeable perspective and negotiation experience proves extremely helpful.
• Leveling the playing field. You can bet that the insurance company, grocery store, product maker, trucking company, hospital, etc. is going to have the benefit of a strong legal defense with experience. If you’re hoping for fair resolution, you should have the same.

We commit to being your investigator, your negotiator, your advocate and your voice. We file motions, conduct depositions (sworn questioning of witnesses), scrutinize insurance policies, track down and review your medical records, assess your damages, file any necessary claims forms, negotiate with insurers, guide you through mediation, prepare the complaint, create trial exhibits, represent you in court and determine if an appeal is necessary.

Signs You Should Hire a Fort Lauderdale Injury Lawyer

If your damages are minimal and you have no serious injuries and the monetary offer the insurance company makes seems reasonable, you may not need a South Florida injury lawyer. However, there are some scenarios for which it is almost imperative that you hire one. Some of those include:

• Your injuries are serious. The extent of your damages is going to depend heavily on how badly you were hurt, how high your medical bills are and how long it takes you to recover. But that doesn’t always mean those involved are eager to pay you what you’re owed. It’s important to hire a lawyer who can make sure you receive the total amount of compensation you deserve from all responsible parties.
• Your injuries disabling long-term or permanently. If you have to take more than a couple weeks off work, if you’ve been hospitalized or broken a bone that’s going to take months to heal or suffered some kind of disfigurement or loss of function – you should talk to a lawyer. The initial consultation should be free, and should give you an idea of the strength of your case and extent of your damages.
• It’s not clear who was at fault or there are multiple parties involved. In general, the more people who are claiming injuries from the same incident, the more complicated it’s going to be to resolve. If liability (fault) is not clear or if you are accused of being at least partially to blame (which can reduce your damage award), it’s best to hire an injury lawyer to handle it.
• The insurer won’t pay or is engaging in bad faith. Bad faith insurance, as outlined in F.S. 624.155(1), is a serious problem. It occurs when an insurer denies a legitimate claim for no reason, tries to get injured parties to settle for far less than a case is worth and generally doesn’t conduct its business fairly and honestly.

If you are questioning whether you should hire a lawyer, chances are good it’s worth at least consulting with one or two to help you make your decision.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

When Do I Need a Lawyer? June 7, 2018, American Bar Association

More Blog Entries:

Exploring High Tech Florida Truck Accident Investigations, May 15, 2020, Fort Lauderdale Personal Injury Lawyer Blog

Now, emboldened by a business-friendly legislature, governor and state supreme court, Florida lawmakers are proposing a series of new tort reform measures that would once again make it more difficult for injured plaintiffs to recover sufficient damages inflicted by negligence. The first is HB 17 Tort Reform and the second is SB 1320 Damages Recoverable for Health Care Costs in Florida personal injury and wrongful death claims.

Florida Tort Reform Bill Would Protect Insurance Companiesmore

Let’s start with HB 17. The measure is specific to products liability lawsuits, and would in effect:

• Render the seller not liable for “unreasonable misuse of the product.” Currently, any entity in the chain of distribution can be found liable for injuries caused by “foreseeable misuse,” meaning the misuse was one that could be reasonably foreseen by the manufacturer and/or seller.
• Reduction of damages for any misuse of products resulting in injury. Currently there is no such reduction for foreseeable misuse of a product.
• Outlines guidelines for ascertaining whether a product that’s been misused can be deemed defective.
• Provides an accounting of damages for product liability lawsuits.
• Allows certain business contracts to be concealed/not subject to discovery/disclosure in personal injury lawsuits.
• Caps non-economic damages for pain and suffering in personal injury litigation.
• Requires that jurors deciding these cases be kept in the dark about these provisions.

In support of the measure, proponent lawmakers paraded a series of witnesses to testify before a House committee. One of those was a defense attorney for a popular southern grocery store chain who reported it is 65 percent more costly to settle a personal injury lawsuit in Florida than in any other state where the store operates. One proponent of the measure in House (not coincidentally also a defense attorney for insurance companies) referred to the state as a “judicial hellhole,” as described by the American Tort Reform Association.

It’s worth pointing out that when the state supreme court struck down medical malpractice damage caps, justices then accused lawmakers of “manufacturing a medical malpractice crisis” by asserting the number of physicians in Florida was rapidly decreasing amid rising medical malpractice claims. In fact, doctors in the state at the time were increasing – and that trend has continued.

This tort reform bill seeks to reinstate the $1 million damage caps on pain and suffering, something juries currently decide.

This latest push is likely to gain productive steam now that the Florida Supreme Court now has no justices appointed by Democratic governors, following Gov. Ron DeSantis’ appointment of three new members earlier this year. Republicans have been primarily the ones appointing judges for the last two decades.

Meanwhile, SB 1320 would require plaintiffs in personal injury or wrongful death attorney seeking to recover for health care costs to produce evidence of “the usual and customer rates for health care services, procedures or equipment.”

Fort Lauderdale Personal Injury Lawyers Deny State is “Judicial Hellhole”

As a longtime Fort Lauderdale personal injury lawyer, Richard Ansara says it’s important that voters know the “judicial hellhole” argument is exceedingly week. Damage caps do not – and are not – harming Florida’s economy. The economy is doing well.

This push represents the latest effort to subvert victims’ rights and give large corporations an unnecessary “get-out-of-jail-free” card.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

New Supreme Court emboldening Florida lawmakers to push tort reform, March 6, 2019, By Zac Anderson, Gatehouse News Service

More Blog Entries:

Excessive Dose Medical Malpractice Alleged in Hospital Wrongful Death Claims, Feb. 26, 2019, Fort Lauderdale Personal Injury Lawyer Blog