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QUESTIONS
THE FOLLOWING ARE THE QUESTIONS MOST FREQUENTLY
ASKED BY OUR NEW CLIENTS:
• Do I have a case?
• How will you prove my case?
• How much are your fees? How does the
Contingency Fee work?
• Do I have to pay costs or expenses?
• What if I don't have or can't afford
a Doctor?
• Will my case settle out of Court?
• How long will my case take?
• Will I be kept informed of the progress
of my case?
• How much is my case worth?
DO I HAVE A CASE?
All personal injury claims require the presence
of three elements:
1) Liability.
2) Damages.
3) Source of payment.
If all three are present, your case is probably
one you will want to pursue.
Liability
Liability means fault. Whose carelessness caused the accident?
More than one person could be responsible. If so, the negligence
of each person is compared and used in the determination of
your recovery.
Damages
Damages ask the question, how have you suffered? What have
you lost as a result of the accident? Often damages include
your past and future medical bills, lost wages, past, present
and future, pain, suffering and inconvenience due to your
physical or mental condition.
Source of Payment
Sources of payments mean from who will you collect your damages?
Generally, the insurance company makes payment for the negligent
person or corporation. In the case of an auto accident, there
may be some payments by your own insurance company through
your uninsured/underinsured motorists’ coverage. If
there is no insurance, we may file suit and seek recovery
from the personal assets of the responsible party or corporation.
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HOW WILL YOU PROVE MY CASE?
The responsibility of proving your case begins
the day you select The Law Offices of Justin G. Morgan, P.A.
to represent you. The case may take a number of months to
resolve and therefore evidence gathered today may not be available
when the case is ready for settlement or trial. At first,
liability is investigated. In the case of an auto accident
or slip and fall, our private investigator or an attorney
from our firm, speaks to the witnesses, takes measurements
and photographs, preserves the scene on videotape and recreates
the occurrence, if necessary. In some cases, a technical expert,
such as an accident reconstructionist, architect, engineer,
or economist is employed. For medical malpractice or nursing
home abuse cases, the medical records are obtained and reviewed
by physicians or nursing experts. Often there is a need to
see a specialist doctor in order to understand your injury
or course of treatment.
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HOW DOES THE CONTINGENCY FEE WORK?
The personal injury case is one of the few
areas of law where your ability to pay an attorney is of less
consequence. The Law Offices of Justin G. Morgan, P.A. handles
nearly every personal injury claim on a contingency fee basis.
The fee you pay will ordinarily be a percentage of the total
amount of the recovery we obtain for you. This means that
if there is no recovery, there is no attorney fee owed. In
an automobile case, The Law Offices of Justin G. Morgan, P.A.
never charges an attorney fee to process Personal Injury Protection
(PIP) Benefits, to resolve damage to your car (Property Damage
claim), and/or the costs of obtaining a rental car (Rental
Car Claim).
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DO I HAVE TO PAY COSTS OR EXPENSES?
There is no charge for costs or expenses
to you if we do not obtain a recovery for you. The Law Offices
of Justin G. Morgan, P.A. will waive all costs incurred by
our firm if we do not win your case. Upon successful resolution
of your claim, The Law Offices of Justin G. Morgan, P.A. is
reimbursed for the actual costs and expenses out of your settlement.
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WHAT IF I DON'T HAVE OR CAN'T AFFORD
A DOCTOR?
The person best suited to treat your injury
or sickness may be your family doctor, a medical specialist
referred by him/her, or the emergency room. In those instances
where you have no referral and/or are unfamiliar with the
medical care available in your community, The Law Offices
of Justin G. Morgan, P.A. will be pleased to assist you in
coordinating your medical care. Many physicians are willing
to accept insurance assignments and some doctors are willing
to treat patients on a promise to pay upon the completion
of your case. Feel fee to consult with an attorney from The
Law Offices of Justin G. Morgan, P.A. if you need guidance
in this area.
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WILL MY CASE SETTLE OUT OF COURT?
There is a good possibility that your case
will settle without the need for a trial. However, settlements
in the client's best interest come only from a position of
strength. Strength means preparation. It means the gathering
of evidence from the time you select The Law Offices of Justin G. Morgan, P.A. as your attorney. It means having available
the experts, medical and otherwise, who can present the evidence
in a light most favorable to your case. A case properly prepared
with sufficient support to confront and counteract an insurance
company's position is the best strategy to a favorable pre-suit
resolution. Most cases settle pre-lawsuit; approximately 95%
of cases settle before a trial; and approximately 99% of all
cases settle after a lawsuit has been filed, but before a
jury has reached a verdict.
Of course some cases must go to trial, either
because the Defendant refuses to settle, or because the Defendant
is not offering enough money to compensate you for your damages.
Most, if not all of these cases, are tried in front of a jury.
The trial generally takes place in the Florida County where
the accident or death occurred. If it appears that a jury
trial is likely, you will spend many hours of preparation
with your attorney. Often, The Law Offices of Justin G. Morgan, P.A. will conduct a comprehensive mock trial with you as a
participant.
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HOW LONG WILL MY CASE TAKE?
From the first day work begins on your case,
The Law Offices of Justin G. Morgan, P.A. will direct their
full efforts toward a prompt and successful resolution of
your case. The case investigation is followed by your medical
treatment and a recovery period. During this time, your medical
progress is monitored by the gathering of medical treatment
data and reports from your doctor(s) and medical providers.
The treatment period may take a few months
or more than a year depending on the type of case or extent
of your injury. Final analysis usually occurs when your medical
treatment has reached a plateau, often called “maximum
medical improvement and/or MMI.” Shortly after your
doctors have discharged you, a settlement presentation/package
(e.g., demand) will be prepared and forwarded to the insurance
company with a demand for a monetary settlement. This presentation
will include a lengthy analysis of liability, a lengthy analysis
of your injuries and other damages, and your demand for money
damages.
Within four to eight weeks following the
settlement demand, your attorney will know whether negotiations
will lead to a pre-lawsuit settlement. If the insurance company
does not offer a fair and equitable settlement, a lawsuit
will be filed. Although you are limited in speed by the congestion
of a Judge's trial calendar, most cases are tried within 12
to 30 months following the filing of a lawsuit.
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WILL I BE KEPT INFORMED OF THE PROGRESS
OF MY CASE?
A successful conclusion to a personal injury
claim requires constant communication and interaction between
you and your attorney. In furtherance of this, we invite your
questions during the pendency of your case and will keep you
apprised of case developments in the following ways:
1) At your request, copies of pertinent correspondence
will be mailed regularly to you.
2) Client/Attorney “face to face” conferences
can be scheduled usually with one day's notice.
3) Telephone conferences are always welcome.
4) E-mail is responded to daily and avoids the annoyance of
missed telephone calls.
5) A paralegal will be assigned to your case. In the event
your attorney is unavailable, a paralegal will be familiar
with your case and can immediately answer most questions.
If not, feel free to request a return call from your attorney.
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HOW MUCH IS MY CASE WORTH?
Every case is different. Many factors are
part of the calculation to determine the settlement or jury
verdict value of your case. In auto accident cases, slip and
fall, or medical negligence claims factors such as your age,
your earning history or potential, the extent of injury, and
the degree of the other person’s negligence are key
elements in arriving at a reasonable settlement figure. In
a nursing home abuse case, the victim is generally beyond
his earning years. Therefore, other factors are used to value
the case.
There are various case valuation services
reported on a National, State, and County level. These services
report recent jury verdicts and settlement amounts based upon
different fact patterns. The Law Offices of Justin G. Morgan, P.A. will discuss the variables of your claim. Often it's
difficult to evaluate the settlement value of a case at its
inception. As your case progresses your injuries and economic
losses are defined better by making case values more objective
and less speculative.
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