Port St. Lucie Car Accident Attorney
Tuesday, February 18, 2020
Experienced Injury Lawyers in Port St. Lucie
Thursday, January 23, 2020
A Practical-Minded Port St. Lucie Injury Attorney
Located in Port St. Lucie, Florida, our Law Firm represents clients throughout St. Lucie County and surrounding areas, including Stuart, Fort Pierce, and Vero Beach. I am Port St. Lucie car accident lawyer and I appreciate the opportunity to tell you how I can help you face your legal challenges.
I take a unique approach to the practice of law: I am ready to meet you where you realistically are. There is no need to "wait until you are ready to hire a lawyer." I encourage you to tell me about your family law, estate planning or business law needs and learn what I can do for you.
Where Do Most Auto Accidents Happen in Port St. Lucie
I am a strong believer in the importance of God, family and country in our lives. Thus I believe we are in this life to help each other. I also understand the practical challenges that many people face in various areas of life. I went into the practice of law for one overarching purpose: to be prepared to help real people tap into the power of the law to solve real Wrongful death problems.
Common Causes of Port St. Lucie Car Crashes
Are you facing a car accident or auto wreck dispute? Are you looking for low-cost Traumatic brain injury planning tools — or more comprehensive insurance company planning counsel? Do you need an attorney's guidance to get your compensation you deserve for injuries? Let Port St. Lucie Injury Attorney lead the way to answers to your questions and solutions that work. Call Whiplash or send an email inquiry for a prompt response. Contact the Spinal cord injury Firm
car accident is a valuable resource to people in the Port St. Lucie area looking for motor vehicle accidents legal representation with a personalized approach. From my law offices in Port St. Lucie, I offer business law services to clients throughout St. Lucie County and surrounding areas, including Stuart, Fort Pierce, and Vero Beach.
I am car accident lawyers, ready to help you start a new business or conduct transactions through your existing corporation or partnership. I can also help existing businesses prepare and formalize contracts. I can advise you on legal matters ranging from intellectual property rights to commercial lease agreements. I can help you as you start, grow or shut down a business. I can review, draft and assist with formalization of business-to-business or business-to-consumer contracts.
An Experienced & Caring Accident Attorney
Certain legal requirements of car accidents can be fulfilled through low-cost legal solutions. If you are looking for ways to contain costs, I will let you know your options and provide advice and instructions. On the other hand, if you are looking for more comprehensive, traditional legal counsel and representation, you will be glad to know I am both skilled and talented in this area of the law. I look forward to learning of your concerns and pointing the way to the solutions that are right for you. car accident lawyer on your side.
If you've suffered a work injury, then please read on. I am a local workers' compensation attorney here in Stockton who has handled hundreds of cases. I have personally witnessed how trying these injuries are for people. I understand that this system can be confusing and frustrating. Insurance companies try to minimize their payout. They are not focused on providing quality care to you. You may not be familiar with all of the benefits that they owe to you, as well as the rules that they are supposed to abide by.
I am dedicated to getting you every benefit to which you are entitled. If you have been working hard at getting the insurance company to listen to you, or trying to get them to send you to quality medical providers, then please call my office and let us take the burden off your hands. I work on a contingency fee basis. You do not pay out of pocket. Call me for a free consultation.
There are a number of benefits available to injured workers. These include biweekly checks for disability indemnity, as well as medical treatment. Port St. Lucie Law will work hard to obtain the maximum benefits to which you are entitled under the Workers' Compensation system. Take advantage of your free consultation to find out what we can do for you.
Port St. Lucie Insurance company giving you the runaround? We can help!
Medical care for a work injury should be administered in a way that is convenient and caring for the patient. Unfortunately, this is often not the case. Injured workers often complain that they have been sent to doctors that do not take them seriously. Benefit payments are often delayed as a result of oversight. Calls to the insurance company are met with no response too much of the time. If these experiences sound familiar we can help.
A work injury can take a significant toll on you. Income often dwindles to a fraction of what it was pre-injury. Obtaining quality medical care can be a complex process, requiring multiple steps prior to the insurance company authorizing treatment. We can help you make sense of your case, and lift some of the burden from your shoulders. Our car accident lawyers understands how frustrating this system of law is for the unrepresented injured worker. He will fight for you in every step of your workers’ compensation case. Call us today for a free consultation.
Personal Injury Lawsuits: Step By Step
When you suffer a personal injury as a result of someone else’s negligence, you may be entitled to compensation for your injuries. To receive this compensation, you will generally need to file a personal injury lawsuit if the insurance company refuses to compensate you fairly for your injuries.
Stages of a Typical Port St. Lucie Personal Injury Case
First and foremost, you will meet with a personal injury attorney, who will evaluate your case and determine the ”value” of your case. When discussing value, the attorney will review your medical expenses and your claim for injuries as well as who was primarily at fault for the accident.
At this initial meeting, you will need to share the details of your accident with the attorney. Without the details, the attorney will have a hard time valuing your claim. It is also at this time, after hearing all of the details, when the attorney will be able to determine what damages you have that entitles you to compensation.
If the attorney takes your case, it will most likely be done on a contingency basis. This means that you will not have to provide your attorney with a retainer. Instead, he/she will only receive compensation if you are awarded funds through a settlement or a judgment. The amount of the compensation depends upon your attorney but most attorneys require a 33% contingency fee.
Once you have met with your attorney, he/she will first attempt settlement with the insurance company. If this fails, then your attorney will commence legal proceedings by filing a complaint with the Court. This begins the lengthy process of the litigation – the discovery process.
Discovery is the legal term known as the process where the parties attempt to find out as much information about the accident, what caused the accident and the injuries sustained. This almost always involves you signing a HIPPAA release allowing the other side to obtain your medical records so they can evaluate the injuries, as well. If you are making a wage loss claim, the other side will most likely seek records from your employer to determine the reasons for the missed work, the amount of time missed and determine your prior work history. In turn, your attorney will seek information from the insured driver who hit you. You may also be required to give a deposition, where the opposing attorney will ask you questions under oath regarding the facts of the accident and your injuries. You will also be asked about your personal medical history to determine any pre-existing injuries. Opposing attorney may also take depositions of your treating physicians and employer. Finally, your attorney will most likely take the deposition of the driver who hit you.
At any time during the discovery process, either side can file motions with the court seeking definitive rulings on particular pieces of evidence. Further, either side will most likely prepare and serve the other side with Offers of Judgments, which are formal offers of settlement that attach consequences, should either side refuse to accept. For example, the other side offers to pay you $50,000, which you decline. If you go to trial and the you are only awarded $45,000 then you could be responsible for their attorney’s fees. This will be explained to you in detail by your attorney.
Going to Trial in a Port St. Lucie Personal Injury Lawsuit
If you and the other party fail to settle the case out of court, the court will schedule the case for trial. Because courts are very busy, your trial date could be set for a minimum of one year from the date of filing or later. Your trial will most likely be a jury trial, where your peers will hear all of the evidence and determine who was at fault and what, if any, damages you are entitled to for your injuries. If you are awarded damages, then most likely the insurance company will be paying on behalf of the losing party. If the individual is responsible for paying, then you may have to seize bank accounts or garnish wages, however this is something that you and your attorney will discuss during settlement negotiations prior to trial.
It is important to note that trials are very lengthy so many car accident lawyers recommend that it is best to settle a case. However, in the end, it will depend upon the facts of the case, which you and your attorney will discuss.
Should You Sue or Accept a Settlement?
After you have been injured in an automobile accident, you will want to determine if your case is worth bringing a lawsuit or should you settle. If you were not at fault and the insurance company is not negotiating with you in good faith to compensate you for your pain and suffering and medical expenses, then it may be necessary to file a lawsuit. The purpose of the lawsuit is to seek compensation for the damages you have incurred as a result of the accident.
The Lawsuit Process
First, your car accident attorney will communicating with and negotiating with an insurance company representative or a defense lawyer. It is usually the insurance company adjuster who will be making the initial offers of settlement prior to any litigation. This occurs because most likely the person at fault will have either homeowner’s insurance, automobile insurance or a personal umbrella policy that covers injuries from accidents.
When dealing with your claim, your accident lawyer will initially send a demand letter to the opposing party or his/her insurance company prior to instituting any litigation. The letter will outline the facts of your case; specifically setting forth a description of your injuries, details about the accident, and why your attorney believes it is the fault of the insured and a breakdown of the medical expenses incurred with a description of the services provided. It will then set out a settlement amount and a timeline for which the insurance company has to respond to the demand.
The opposing party will then usually respond with a counteroffer, which will be lower than the amount you demanded. The negotiations will continue until there is an agreed-upon settlement amount. If the parties cannot agree upon a settlement amount, then your auto accident lawyer will have to file a formal lawsuit against the party you believe to be responsible for your injuries. If no settlement is reached and you hve to file a lawsuit, you must keep in mind that litigation is very lengthy and can take a long time.
Settlement or Litigation in Florida
Your Port St. Lucie medical expenses and lost wages (if any) will constitute the majority of the settlement amount your car wreck attorney will ask the opposing party for during negotiations. If there was any intentional acts, such as driving under the influence, then your attorney may seek money damages in the form of punitive damages, which are designed to punish the party at fault.
If the other party accepts your settlement offer, then your dispute will be resolved and the case is over. This is the best possible outcome, because a trial is not an easy or fast process. That is why it may be in your best interest to settle; however this will be something that you and your attorney will discuss before any settlement offers are accepted or extended.
If the opposing party responds with a counteroffer, you may have a difficult decision. If the counteroffer is less than your original offer but still within a range that can cover your medical expenses and lost wages, you may want to accept the settlement offer. However, if the offer is drastically lower and will barely cover your medical expenses, then you will have to discuss with your attorney the pros and cons of the prospect of going to trial.
Do You Have a Valid Claim In Port Saint Lucie?
If you have been involved in an auto accident, you will first need to decide if you have a valid injury that is related to the accident that is worthwhile to sue. An injured driver has two years from the date of the accident to file a lawsuit. That is why it is imperative to seek immediate medical attention.
If you live in a fault state, which means you believe the other party is at fault,you may have recourse against the other driver if you were injured in the accident. How do you determine if the other driver was at fault and how do you go about getting compensated for your injuries.
First, it is helpful if you have a copy of your police report as this will show if the other driver was cited for a violation of the traffic laws. This will help prove liability by the other driver. Along with proving liability, you must be able to prove you were injured and you have suffered damages as a result of the “negligence” of the other driver.
To prove negligence, you have to show that the other driver breached his duty to use reasonable care while driving his vehicle. Exercising reasonable care in driving a vehicle involves driving at the posted rate of speed, making safe lane changes, obeying traffic signals, keeping constant control of the vehicle and staying on the lookout for hazardous conditions.
If you have been able to prove the other driver is at fault, the next step is to prove your damages. If you were not injured, then you would not have any damages so it would be pointless to make a claim or bring a lawsuit. If you were injured, you need to seek immediate medical attention. The longer you wait, the more the insurance company could argue the injury was not related to the accident. Finally, once you finish your treatment and you are at pre-accident status, then you can make a demand. At that time, the insurance company can reject, accept or make a counteroffer. Most cases settle before trial as offers go back and forth during the entire process.
How Much Should you be Charged in Port St. Lucie?
All personal injury lawyers charge clients in one of two ways: contingency fees or hourly billing rates. What is the best for you and your case.
Contingency Fees
An attorney who charges a contingency fee, will only get paid if he/she wins at trial or settles your case for some monetary value. If the attorney does not win or is unable to settle your case, then you will not be responsible for paying any legal fees.
Contingency fees are calculated as a percentage of the total settlement or judgment. Most car accident lawyer injury attorneys will take a percentage of the gross award - before deducting expenses; however some attorneys will take a percentage of the net award - after deducting expenses.
Percentages vary from firm to firm and you may be able to negotiate the fee with your attorney. However, most attorneys will charge anywhere from 20% to 40%. Further, the rate may differ depending upon if the case settles or goes to trial. You will want to read your retainer agreement in dept to determine if your attorney will take a higher percentage if the case goes to trial.
You will also be responsible for reimbursing your attorney for any expenses incurred on your behalf. Many attorneys working on contingency will waive expenses if they are unable to successfully settle or win your case, but others may hold you responsible for expenses even if you do not settle or win a judgment.
The advantage of a contingency fee agreement is that you do not have to pay anything if your attorney cannot win or settle your case. This arrangement will ensure that your attorney is motivated to secure the largest possible settlement or judgment as he/she will benefit financially from the settlement/judgment.
The main disadvantage of a contingency fee agreement is if your attorney settles the case with very little time or effort, then you may feel as if he did not earn his fee. However, this disadvantage is clearly outweighed by the advantages to having a contingency fee agreement.
Hourly Rates
If an Port St. Lucie injury attorney takes an auto accident case on an hourly fee basis, then you will be billed for each increment of hour he/she works on your case. You will also most likely be required to put down a retainer. Therefore, even if you do not win or settle your case, you will be responsible for paying legal fees.
Most attorneys will not charge hourly fees for an injury case. If that is the offer, it most likely means your attorney does not feel he/she has a good chance of winning or you do not have a good case. Therefore, you will most likely want to avoid hiring an attorney on an hourly basis for an injury claim.
Choosing a Port St. Lucie Car Accident Attorney
When choosing an accident attorney in Port St. Lucie, there are a few important pieces of information that will help you evaluate each attorney:
- What percentage of your settlement or judgment is paid to the attorney? Is this percentage taken from the gross award or the net award? The net award is the amount of money left over after you pay your doctor bills and all other court costs
- What does the attorney think will be the amount of the settlement or judgment? Is this amount in line with the estimates of other attorneys you have met?
- How much are the estimated expenses and do these Port St. Lucie expenses seem realistic or out of line? Does this expense estimate seem realistic compared to the estimates of other car crash lawyers?
- How much would you realistically receive after the attorney's fees and expenses are deducted?