Are there time limits to file a lawsuit in Florida?

Yes, there are time limits. We lawyers call them "statutes of limitations". They can be confusing, because sometimes two different time limits can apply to the same claim. Also, when we lawyers talk about how many years from a given accident the limitation is for, we calculate the years as starting on the date of accident, and the expiration is supposed to be X years to the day including the day of the event, but because some courts in Florida do not agree on the expiration date as including the date of the event, it is clearly the best policy and practice to file the lawsuit early. For example, if someone dies as a result of medical malpractice, then there is a two year wrongful death statute of limitations, usually. However, if they survived and are still alive more than 2 years after the malpractice, but the malpractice was late discovered, then there may be an exception to the normal two year malpractice time limit of up to four years from the date of reasonable discovery. My feeling is that if your lawyer has any concern about the possibility of two competing time limits to go ahead and file the lawsuit based upon the earliest one. For more general information: Time Limits to sue the State of Florida- 4 years ( Fla. State 768.28) but be careful, because certified mail notice must be accomplished within 3 years, so although the certified mail is not a statute of limitations, it really acts like one. Time Limit to sue a corporation or private person because of automobile careless driving- 4 year time limit, generally speaking. Time Limit to sue a public large chain retail shopping mall for a slip and fall- 4 years, usually.

Why is my case taking so long?

My clients sometimes call me and say, "Hey Mark, my accident happened 6 months ago, why is my case taking so long?" Well for one thing, personal injury cases really cannot be evaluated properly under most circumstances until you finish treating. So, if you treated for the first 3 months after the accident, why are you thinking that the case is really taking so long? It is your treatment which is part of the overall reason for how long the case is taking. Also once you finish treating, we have to get your medical records, wait until your medical bills are processed and then in most cases we will try to settle your case. When we hit the other person's insurance company with this big package of medical records, they have to take them apart and review them piece by piece, and sometimes the insurance company will want their own chosen doctors to look them over. This takes some time, it can easily take 30-45 days for complicated cases. Then, the insurance company may have a round table committee that meets once or twice a month, or perhaps the unit supervisor will look over all cases every two weeks. There goes another month If the case is taking too long, and you are itching for a lawsuit to be filed, then you should speak with your lawyer about your feelings and get his or her reasoning as to either filing the lawsuit or waiting it out.

How long do cases usually take?

Wow, there is no golden rule about time limits. See my question and answers above about time limits to sue and why a case may take longer than you thing. For simple cases, like a two car accident, the case may move a lot faster than some complicated products liability case. According the Florida Supreme Court Guidelines, a lawsuit once filed should reasonably take 14 months until it is concluded by either settling, being dismissed or getting a jury trial. However,, due to the huge amount of foreclosures and other legal proceedings clogging up the courthouse dockets and calendars, the cases are moving much more slowly, especially in South Florida. Our judges are working very hard and they have been avalanched by the effect of these shaky economic times upon the legal system and the Courthouse Budgets

How can I get my personal injury lawyer to return a phone call?

If you have randomly tried to call your lawyer, how do you know if he or she is ducking your call, or perhaps simply really busy? Ask for a set time to speak with your florida personal injury lawyer, like a phone appointment. Remind his/her staff politely that this request for an appointment is because you have been patient and have tried to reach the lawyer one or two times with no return call. Give a number where you may be reached in case the personal injury lawyer wishes now to return the call instead of having a full conference in the office. Explain that you will be traveling to the conference and taking time out of your day, so please be sure to call you far in advance if the conference needs to be rescheduled. Frankly, all my clients get my personal cell phone and I take all calls which I am able to take, unless in a deposition or in Court. I respect the fact that many lawyers want to "have a life", and that some clients may abuse the usage of a lawyer's personal cell phone, but I think of the legal profession as a service and not strictly a business, so I give old fashioned service and contact to my clients.

What are the normal personal injury lawyer fees for a personal injury case in Florida?

Most Florida Personal injury Lawyers use what is called a "contingency fee" agreement. Under the typical agreement, the lawyer will only get paid for his/her legal representation of you if there is money compensation obtained for your personal injury case. Typically, the lawyers in Florida Personal Injury cases charge a percentage of the total recovery. The personal injury lawyer's fee will come off the top, and after that will be deducted case costs and medical bills, and the remainder will most of the time be your net amount. There may be tax consequences to some money compensation, but at the time that this information is written in 2010, there is no taxation for pain and suffering damages. Now, let me tell you about the percentage of fees. The legal fees will start, usually, at 33&1/3rd percent, and then if the case cannot settle and a lawsuit is filed, after something is filed in response to the lawsuit (called an "answer") the fees will jump up to 40%. Plus, if there is an appeal, the lawyer fees may go up another 5% for the appeal. In the case of suing the State of Florida, the personal injury lawyer's fees cannot be more than 25%.

What are typical Florida personal injury case costs?

There is no way to answer this simple question, because each case is different. Also, it depends on how far the case is going to go before it hopefully settles. Generally, a Florida personal injury lawsuit is much more expensive than a settlement before litigation. I think the insurance company bribed my personal injury lawyer. The lawyer wants me to take very low offer, how can I tell if this has happened? Honestly, I have never known this to happen in 30 years.

Our law licenses mean so much to us, and have taken so many years to obtain. Plus, the insurance companies are making big profits, so they can afford to have a few losing cases most of the time, so why do they need to bribe a lawyer. This type of question is usually asked by a person from another country perhaps, where such occurrences are common.

How can I figure out if my Florida personal injury lawyer's advice to take what I think is a low offer is the right advice?

I suggest you get a second opinion, after explaining to that personal injury lawyer that there should be no hard feelings and that you would do the same thing for any health or medical condition. Especially because once your personal injury case is totally settled with all negligent parties, it is very hard to sometimes downright impossible to undo.