Personal Injury

• What types of accident cases does your firm handle?
   
• Is there a time limit for filing a claim or lawsuit for personal injury or death?
   
• What do lawyers charge in personal injury cases?
   
• What about costs that are incurred in my personal injury case - whose responsibility is that?
   

What types of accident cases does your firm handle?

On the personal injury side of our firm, we represent people who are hurt in automobile accidents, airplane and helicopter crashes, and those who are injured by defective products. We have handled cases for clients involving car wrecks, airplane and helicopter accidents, exploding and malfunctioning equipment accidents, medical malpractice injuries, premises injuries and dog bite cases, on the job injuries, and all other types of cases that cause personal injury or death.

Is there a time limit for filing a claim or lawsuit for personal injury or death?

Yes. In Florida, the time limit for filing a claim for personal injury or death is called the statute of limitations. The Florida statute of limitations for a medical malpractice claim is two years. What this means is that, if you wish to file a claim due to medical malpractice, your claim must be filed within two years of the date of the alleged malpractice. Likewise, Florida law limits a claim for wrongful death to two years from the date of death. If a person is killed in an accident (i.e., a car accident, an on the job accident, or as the result of medical malpractice or some other situation) the estate of the deceased individual has two years from the date of death to bring a claim or lawsuit on behalf of the deceased person.

Non-death, negligence claims causing personal injury have a four-year statute of limitations in Florida. What this means is that, if you are injured by a defective product, or in a car accident or other type of accident, you have four years from the date of your accident to file a claim or lawsuit.

What do lawyers charge in personal injury cases?

Unlike lawyers who charge clients by the hour for legal services, personal injury lawyers charge a contingency fee which is dependent on the outcome of your case. Under the contingency fee agreement, an injured person does not pay the lawyer anything unless the injured person recovers money for their injuries or damages. If a lawyer takes a case on a contingency fee, the lawyer is paid a fraction of the net recovery obtained by the client. This attorney's contingent fee is customarily 33.3% and is set by the Florida Bar. Cases that are taken on a contingency fee must be in writing and the contingency fee agreement must be explained to the client and signed by the client and attorney.

What about costs that are incurred in my personal injury case - whose responsibility is that?

The Florida Bar permits attorneys to advance costs to clients in support of their claims or lawsuits. Costs are things like expert witness fees, deposition transcript fees, court filing fees and other charges such as long distance phone calls, consultations with doctors or experts, etc. Consistent with the Florida Bar, our law firm advances the costs to support our clients' cases, and these costs are recouped when the client's case is either settled or a verdict is obtained at trial. In the event that there is no recovery for a client, our firm does not require that the client pay back costs to the firm.