Florida personal injury lawsuit

Published on: September 16, 2020

Florida Personal Injury Lawsuit Risks, Explained

Florida personal injury lawsuit

As it is with any type of litigation, there are certain risks associated when you pursue a Florida personal injury lawsuit. The good news is these risks are significantly mitigated by:

- - - Hiring a skilled personal injury lawyer with experience in successfully handling cases like yours.
    - Contingency fee arrangements that do not require plaintiff attorney’s fees to be paid upfront – or at all – unless you win.

An experienced attorney can provide you with an informed opinion about the strength and value of your injury case, giving you a good sense of whether it is better to accept a settlement offer or proceed to trial. The contingency fee arrangement is a safety net too. Not only because you are off-the-hook for your attorney’s fees if you do not win, but it also creates a clear incentive for your injury lawyer to be frank with you about your chances of prevailing – and the best way to do it.

That said, our Fort Myers injury attorneys are always straightforward with our clients about some of the potential pitfalls of personal injury litigation. These are general risks, though some may be more relevant for certain types of cases (i.e., auto accidents, medical malpractice, premises liability, claims against government entities, etc.).

Published on: August 12, 2020

Settlement vs. Trial: How Do They Compare in a Florida Personal Injury Lawsuit?

by Leland Garvin

Florida personal injury lawsuit

If you file a Florida personal injury lawsuit, chances are your case will never go to trial. In fact, U.S. Justice Department data shows about 97 percent of all claims are settled or dismissed without a trial.

Even so, it is helpful to know the risks and benefits of both trials and settlements, something your South Florida personal injury lawyer should explain while reviewing your case. Ultimately, your attorney should not shy away from going to trial if it is what is in your best interest, but settlements can remove uncertainty and can often be the best course of action.

What is a Personal Injury Settlement?

The term “settlement” refers to a kind of formal resolution of your claim or lawsuit before a judge or jury hears it. It means you agree to accept money in exchange for dropping your action against the person or business who caused your injury.

Settlement agreements can be reached at any point during litigation, up to the point that a case has been tried, but before jurors reach a verdict. In some instances, your case can settle before you ever even have to file a Florida personal injury lawsuit.

Published on: June 25, 2020

Factors That Can Affect Your Naples Personal Injury Lawsuit

by Leland Garvin

Naples injury lawsuit Success in a Naples personal injury lawsuit is going to depend on dozens of factors that are specific to your case. These can include the degree of the other person’s carelessness, what type of insurance you have, what pre-existing conditions you have, and whether there were complaints or verdicts against the defendant for similar conduct.

Some of these elements are more nuanced than they initially appear. That is why it is so important to consult with an injury attorney who has extensive experience handling tort claims before writing off your chances of winning.

Understand that personal injury attorneys in Florida accept these cases on a strict contingency fee basis, meaning they are not paid unless you prevail. That means injury attorneys have ample incentive to be frank about your chances of winning, and it helps to know some of the aspects they are considering. Continue reading