Know Your Rights and Obligations
Knowing your rights and obligations after an accident can help you minimize aggravation and expenses. It will also help protect you and your family when necessary. The information on these pages can help you if you are involved in an accident. Yet there is no substitute for having an experienced Shapiro, Goldman, Babboni & Walsh attorney on your side. He can recommend appropriate medical treatment and negotiate repair and/or replacement of your vehicle. Most importantly, he will negotiate a full and fair settlement with the insurance company, taking into account all of your damages, including pain and suffering.
Why A Quick Settlement May Not Be A Fair Settlement
Insurance companies employ teams of claim adjusters and lawyers to settle auto accident claims quickly and keep their costs down. With a Shapiro, Goldman, Babboni & Walsh attorney working for you, you will often receive a substantially larger settlement than one you could negotiate yourself. This means more money for your pain and suffering, even after attorney’s fees are paid.
Remember, experienced personal injury lawyers such as Shapiro, Goldman, Babboni & Walsh have resources that report jury verdicts in similar cases. This helps us make an informed decision about the value of your case. Choosing us to represent you shows the insurance company that you are serious about your rights. The peace of mind you gain with an attorney may even allow you to get back to your life with as few delays as possible, and with a possible settlement that fairly compensates you for the accident.
Legal Help Without Legal Fees
Since Shapiro, Goldman, Babboni & Walsh usually charges a percentage of the gross settlement of your case, you will rarely pay us a fee. This “contingent fee” is quite common in Florida. You simply pay a percentage of the amount your attorney obtains in your case. This fee is paid from the settlement, so you do not pay any money out of your own pocket to get aggressive protection of your rights. Usually, if there is no recovery, there is no attorney fee. You will be advised if your attorney requires any costs of your case reimbursed, regardless of the outcome of the case. In most instances, we do not require that you pay any costs or fees out of your own pocket.
At the initial meeting with your attorney the “Contingency Fee Agreement” will be reviewed with you. Florida attorneys usually charge 33.3 percent of the gross recovery if the case is settled without a lawsuit. If a lawsuit is filed, your attorney's fee may increase to 40 percent of the gross recovery. Both percentages apply in gross recoveries of up to one million dollars. There are many circumstances your fee will vary. Your attorney will review these circumstances and also review “The Statement of Client’s Rights” with you. This document discusses your rights as a personal injury client.
When to Settle. When to Sue.
If you choose Shapiro, Goldman, Babboni & Walsh to represent you after an accident caused by a drunk driver, your attorney will send a “demand package”, not unlike an insurance claim, to the opposing insurance company. This consists of your medical bills, medical narrative reports and a detailed explanation of your damages.
If the insurance company offers a settlement which you feel is unreasonable, you may file a lawsuit to protect your rights. Our experienced personal injury and wrongful death attorneys can help you determine the value of your case. They will also give you a fair assessment of your chances for a successful trial. While your attorney will give you the best possible legal advice, it is still your claim and your injury. You make the final decision to settle or go to trial.
If your case is resolved, you have the right to receive and approve a Closing Statement before any money is distributed. The statement will list all of the expenses incurred in your case, including attorney’s fees. Until you approve the Closing Statement, you need not pay any money to anyone, including your attorney. After your initial meeting with your attorney, you should be fully informed as to what to expect in your case.
Negligence And Intentional Acts As Categories Of Personal Injury
A personal injury tort differs from a criminal wrongdoing in that it is an act of injury to a party that may bring a lawsuit for tort. The word tort is a French derivation meaning mischief, calamity, wrong or injury and from Latin the word tortus meaning twisted. In old English it means legal cause of action where a person can seek compensation through the legal system. It involves a breach of civil duty owed to another person. The person who suffers the injury is entitled to receive damages. We will discuss the two categories of negligence and intentional acts. Legal injuries are not limited to physical only but can include reputational, economic, emotional as well as violations of privacy, constitutional rights and property. The most common liability is negligence. If the injured party proves that the other party acted negligently or without taking reasonable care to avoid injury to other people then they have intentionally acted in a way that is harmful to others.
A tort of negligence is cause for an action to receive relief and to protect legal rights where they pertain to property, personal safety and in some instances economic interests. It can include car accidents, worker negligence and clinical negligence. It can also include product warranties and liabilities. The elements that must be present in order to sue for liability of negligence include the duty of care to the plaintiff by the defendant, breach of that duty which is considered negligence, harm suffered by the plaintiff and the breach of the defendant causing the harm. A comparative negligence award is an award that is reduced because the plaintiff contributed to the damage or loss. It can be in the case of a car accident where both parties are to blame but one will have a higher percentage of the blame than the other.
Most personal injury lawsuits are for negligence. People make mistakes and they can be called negligent. People can be injured by mistakes, insurance on your car and home as well as business liability will cover some of these accidents. In a claim for negligence a plaintiff can claim compensatory damages to cover losses that are economic for such things as future medical bills and the cost to repair property. One can recover for non-economic loses such as for s