The following is an expert answer given by Florida Personal Injury Protection Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:
Subject: Dog Bite incident
Question: I have a 75lb Boxer mix breed dog and my question is this. My 17 year old sister took the dog outside without my knowledge on a leash to let it go to the bathroom. My neighbor was walking down the street with her 12 lb Bischon. My dog spotted it and took off before my sister knew what was going to happen. She lost control of the dog. My dog grabbed the other dog by the neck but did not harm it, however in doing so it knocked the neighbor over. She was wearing heals at the time and is also 60yrs old. She sustained some minor injuries equivalent to bumps and bruises. I know this because we went that night together, to the emergency vet and emergency room to get both her and the dog checked out. Also, we filed a police report in which the officer investigated all parties involved. He found no injuries other than the aforementioned. He also saw I was up to date with my dog’s records and commended me for being a good dog owner. I paid for this neighbors emergency vet bill, her prescriptions, and helped her with her dog the first day after this happened. I rent my home and have a very limited income and my sister is a minor. The lady was unable to reach us for one day, so she called my landlord about this. It has been unbearable and it’s only been 5 days! At the hospital they said nothing was broken and she would be sore and bruised for a little while. Being she has insurance, there was no co-pay or deductible. I disagreed with this and I told her if she should get a bill to please give it to me and I’ll be more than willing to take care of it. Now she’s going to the chiropractor for this, but also has been going to him for 5 years. She also could not go to a certain hospital because she owed them money. I don’t mind taking care of what she needs, but don’t want to be indebted to her for life. Now my landlord, my cosigner on the lease, and myself are concerned about how far can she take it and who can be liable for the misguided actions of a 17yr old?
Answer: It depends on the state you live in. I am an attorney in Florida specializing in Florida personal injury protection claims such as dog bites, car accidents and workers compensation claims. I actually represent the injured party. I do not do defense work. Laws vary from State to State so you need to speak with an attorney in your area to find out exactly what laws may apply to this incident, and what you or your landlord may be responsible for. In Florida personal injury protection claims, most municipalities have “dog bite” laws which make the owner of the dog individually liable for injuries and damages caused by the dog, even if it wasn’t a dog “bite” that caused the injury. Florida Statutes also has a strict liability provision against a dog owner for injuries and damages caused by their dog. The landlord may be able to escape liability if they did not have notice of the dog on the premises, and the dog has never injured anybody in the past.
For more information about a Florida personal injury protection claim, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529 or email him today.
[||]
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 15 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
Have you suffered an injury in the last three years that was caused by an accident that was not your fault? It is important for you to remember that you can file a claim for compensation following such an accident.
In fact, it is your responsibility to do so. You have a responsibility to you and your family to right a wrong that can have lasting effects many years down the road.
Many people fail to avail themselves of their right to file such a claim and then miss out on financial compensation that could help them recover from their injuries, acute stresses and their losses in quality of life. You have probably seen advertisements about how law firms will win compensation for you without you, the injured party, having to put up a dime; this is in fact true and is how the system is designed to operate.
This form of personal injury practice was put in place to help victims of accidents claim the compensation to which they are entitled without having to pay any fees up-front. It is your responsibility to yourself and your civil and legal right to file a compensation claim after being victimized by an accident that was not your fault.
Remember that being victimized in an accident cannot only leave you with devastating physical injuries, such as shattered or fractured bones, torn muscles or ligaments or head and neck injuries, but also with psychological trauma that can severely impair the quality of your life. Such injuries include post traumatic stress disorder, panic disorder, major depression and acute stress disorder, all of which can severely impair your life quality and, therefore entitle you to compensation.
Indeed, any accident-induced injuries that are not your fault, psychological or physical, could leave you facing lifestyle impairments as well as severely compromised abilities to work. Injuries such as these can devastate your life and those of your family.
Although compensation does not take your pain and frustration away, it can make things a little more tolerable by helping you with money worries and the medical expenses required to help you recover. A claim for compensation can be filed immediately after you have suffered due to someone elses negligence, whether it is the result of a vehicular, work or other type of accident.
For example, if you were involved in an automobile accident caused by the negligence of another, you can and should claim compensation not only for your mental and physical injuries, but also for the damage done to your car. If you were injured on the job, physically or mentally, it is important to remember that you can file for compensation without jeopardizing your job.
The point is that regardless of the type of accident you are suffering from, personal injury law and its contingency fee arrangements enable you to file a claim to receive compensation for both your emotional and physical damages. Also, filing a compensation claim can be effortless, quick and easy.
In the past, difficulties would arise because accident victims would have to fund the lawsuit themselves; however the conditional fee agreement has been brought into practice and applies to all civil litigation except family proceedings. It means that compensation claims no longer have to be funded by you, the victim.
They can now proceed on a no win no fee basis: If your claim is unsuccessful you will have nothing to pay. However, if it is successful, all of your lawyers fees will be paid out of the compensation that you have been awarded.
This means you have no up-front costs to pay when filing a lawsuit. It does not get any better than that.
[||]
Dr Shery is in Cary, IL, near Algonquin, Crystal Lake, Marengo and Lake-in-the-Hills. He’s an expert psychologist. Call 1 847 516 0899 and make an appt orlearn more about counseling at: http://www.carypsychology.com
Lawsuit seeks $22M from fatal car-train accident
McCOMB, Miss. (AP) – A McComb woman, whose three children killed in a 2009 car-train accident, has filed a lawsuit seeking $22.5 million in damages from Amtrak and Illinois Central Railroad.
I’m 14, I fell, I sued, they settled, I’m 2000 dollars rich. How much does the lawyer get and how much does that leave me with, also any suggestions on what to do with that?
Planned on spending it on new X-box and clothes though that’s me being an idiot, right?
Just settled a personal injury case, and part of the settlement will be used to pay medical bills. My lawyer said his office will send the payment. Is this common and can I pay the bills myself?
Manhattan lawyer jailed for looting millions from sick babies
A loathsome lawyer who looted millions from the accounts of frail old people and crippled children was sentenced in Manhattan today to serve five to 15 years prison. Disbarred guardianship attorney Steven Rondos took some $4 million from 23 injured clients who’d received big payouts in medical malpractice lawsuits…
We have been dealing with a personal injury lawsuit for about two years. The accident occurred in CA and we reside in another state, so we are dealing with our attorney all long distance. The case has been complicated, mainly due to an inattentive attorney from the start, whom we fired. We retained our current attorney not too long ago and the case against the defendants insurance company has been resolved and funds have been sent to our attorney. Here is where it becomes tricky. The funds for my settlement have been sent to us, the attorney is holding the funds from my husband’s portion of the settlement until a settlement is reached with our insurance company (the defendant was an underinsured driver, we had underisured driver coverage). Our attorney claims he cannot release these funds because he will more than likely need to spend the money on litigating the case against our insurance company..and it just does not make sense to me. In our eyes, the case against the defendant is closed (and in the courts eyes) I don’t see why the funds cannot be released, but my attorney alleges this is normal practice in personal injury law. Anyone have any experience with a situation similar to this? Thanks.
@leo, I don’t think you understand the nature of the question.
Lawyers seek damages from spreading oil spill
Armies of lawyers are turning their sights to the massive oil slick spreading across the Gulf of Mexico, eagerly seeking damages from the companies at the center of the disaster.
Please don’t read the rest of this article if you have a weak stomach. There you have it. You cannot say you weren’t warned. I would prefer not to receive e-mails letting me know that you lost your lunch after reading this less than appetizing article. I am already aware of it. Injuries resulting from improper food preparation, contaminated food, and foreign substances in food are what we must talk about today. Considering how much food is prepared for consumers every day in restaurants throughout the United States, personal injuries caused by food are relatively uncommon. From a very minor gum laceration due to a sliver of glass to the extreme cases where death has been caused by improperly prepared food, injury to the human body caused by food can run the gamut.Cases involving food fall under the heading of product liability cases. If the injury-causing substance is foreign to the food, as a general rule a food preparer is strictly liable for injuries caused to a person. A piece of glass inside of an ice cream cone or maggots in a chicken breast are typical scenarios. If any ingestion of the foreign substance causes an injury to the body, both the preparer and seller of the food will be held responsible. When you are injured by a food product which has a foreign body inherent to the food, it is a different case. One case we handled, for example, involved a fish bone which had been ingested in a Fillet-o-Fish sandwich from McDonald’s. In this scenario, the person swallowed the sandwich and, because the bone got stuck in her esophagus, needed surgery. By not being careful to avoid having bones in a piece of fish labeled “fillet”, the manufacturer of the fish patty was negligent, whereas McDonalds is not strictly liable for the injury. For failing to warn patrons that certain foods contain common allergy creating agents, food preparers may also be strictly liable. Walnuts are a great example. Food preparers are also responsible for properly preparing food, ensuring that poultry has been cooked to a temperature sufficient to kill bacteria for example. You can get severe unwanted diseases, such as Hepatitis A and E. coli, from the lack of responsibility in food service employees not washing their hands when preparing food, especially after visiting the restroom. Injuries caused by food poisoning can be hard to prove; the burden of proof lies in the injured party. Most people eat several times throughout the day, making it difficult to figure out which food item may have caused it.It is much easier to prove that foods containing foreign substances have caused an injury than to prove that an injury was the result of contaminated food. If you don’t have this evidence, you will not prevail. This is the only evidence that could possibly help you win your case. If you find a foreign object in your food, keep it and the remainder of the food in your possession. Don’t hand it over to a restaurant employee under any circumstance.There is no way to avoid this if you eat your meals out. We must trust in food manufacturers and those who prepare our food to take all necessary precautions. Even the world’s best restaurants can have cases of food contamination or food poisoning. Know your rights. Consuming food that is poorly prepared or contains foreign substances and causes personal injury or sickness will result in the proper compensation.You should exercise caution when selecting a restaurant by eating at restaurants with better reputations and obvious attention to cleanliness. Eat up!
[||]
Barry Edzant is an experienced California lemon law attorney and has emphasized lemon law cases for the last 10 years. Barry understands the nuances of the Ca lemon law and additionally can help those with other personal injury claims such as those seeking a California dog bite attorneys.
The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:
Question: I have been reading some of the other posts for slip and falls. I don’t see any information or letters that pertain to grocery carts (not that there aren’t any.) I was at a grocery store with my 17 month old daughter sitting in the front compartment of a grocery cart (she was buckled in) and my son sitting in basket. I felt the cart was wobbling however I knew I only wanted to pick up a few items so it would not take long. Well as my son was getting out, I held onto the cart, however, because the wheels were not secure, the cart tipped over with my daughter in the cart. She fell on her side and injured her hand, however no broken bones according to her Pediatrician. I filled out an accident report with the store manager and he did see the blood on her hand after the fall. A rep for the store called and left me a message today. My question is, am I entitled to any compensation for my daughters pain and suffering? After reading some of the other letters I don’t think the injuries are severe enough to seek an attorney or should I? Do you think it would be necessary to write a letter demanding or requesting a settlement? Thank you for your time! Your site has been very helpful. Answer: Your email does not indicate what state you live in. I am a Florida personal injury accidents attorney specializing in auto accidents, slip and falls, and workers compensation claims. Laws vary from state to state so the best advice I can give you is to consult with an accident lawyer in your area. Regarding your daughter’s accident, the same standard for negligence should apply. In Florida, a store owner owes two duties to its customers – maintain the property in a reasonably safe condition, and to warn its customers of dangerous conditions that the customers cannot appreciate themselves. This would extend to a store’s grocery carts and making sure they are in good working order. A cart that tips over on its own while your daughter is sitting in it is obviously not working properly. Most stores do routine maintenance on their carts so that they operate properly for shoppers. However, just judging by my own experience at grocery and “big box” stores, it is the exception that you get a grocery cart that works properly, rather than the norm. You almost always get a cart with a wobbly wheel. In order to determine whether you have a claim to pursue against this store, you would have to be able to show that this particular store was not properly maintaining its carts. In my opinion, based on what happened with the cart, if your daughter’s injury is serious enough, you should pursue the claim. At least in the case of Florida personal injury accidents and in most other states, when making a negligence claim for injuries, you can recover damages for pain and suffering, both in the past and if she is going to have pain and suffering in the future due to the injury. Additionally, you can recover damages for past and future medical bills. You may want to ask the grocery store if they have an insurance policy which has medical payments coverage, also known as “medpay”. Medpay is insurance coverage that will reimburse you for any out of pocket medical expenses you incur for medical treatment for your daughter. The store would also have liability coverage which is insurance which covers claims such as your daughters. You do have the opportunity to try and settle your daughters claim without an accident lawyer. It just depends on how serious the injury is. For very minor injuries, I would probably suggest putting in writing a summary of how the accident occurred, the reason the store is responsible, and details of your daughter’s injury and medical care. You should include a demand for settlement – a dollar figure – which you would be comfortable settling the claim for. Keep in mind, whatever dollar figure you put down, the store or its insurance company will try to negotiate down from that amount, i.e. aim high. If the injury is more serious, I would not hesitate to speak with an experienced accident injury attorney. An attorney specializing in negligence claims will know how to proceed on the claim to maximize your daughters’ recovery, and to resolve the claim as quickly as possible. One of the first things you or your accident lawyer would want to do is to advise the store to preserve the cart, without alteration, so it can be inspected to determine why it tipped over.
FOLLOW UP RESPONSE:
Hi Joseph, yes I am in Apopka, FL…sorry about that. Thank you so much for responding so quickly. My intentions were to write a letter demanding compensation for pain and suffering not for the medical. My insurance covers my daughter’s medical 100%. When I return the call to the rep for the grocery store should I tell her I will be writing a letter requesting compensation? Can you help me with writing the letter and where the letter should be sent? Should I copy anyone in upper mgmt such as the CEO, CFO, COO, etc? I am willing to pay (if it’s not too expensive). By the way, with regards to the cart: the manager told the cart attendent to remove the cart after the incident happened. Thank you again for all your help!!! Answer: You should probably explain to the grocery store representative that you are considering hiring an attorney as your daughter is having significant problems with her injuries. You can inquire about the possibility of a settlement prior to you hiring an attorney. The store will most likely request a settlement demand, preferably in writing, and summarizing your daughter’s injuries, to include an amount you are comfortable settling the claim for. Keep in mind the grocery store will attempt to negotiate down from whatever you demand, so leave yourself room to negotiate. If you’re not satisfied with the grocery store’s response, I would probably speak with a Florida personal injury accidents lawyer. Most Florida injury attorneys handle these claims on a contingent basis, which means you would not have to pay them anything out of your pocket, but they would be entitled to a percentage of whatever is recovered, usually 1/3 if the claim is settled before filing a lawsuit. With regard to the cart, you obviously want the cart removed from being used, but you don’t want it destroyed or repaired. If you need to file a lawsuit down the road, you will need that cart to prove liability against the grocery store.
For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.
[||]
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 15 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
Lawsuit over hepatitis C infections contracted from Doctor
Nearly 30 women got infected with Hepatitis C virus due to a breach in infection prevention protocols by an anaesthetist at a late-term abortion clinic. The incidents occurred at the Croydon Day Surgery in Melbourne’s eastern suburbs during an 18-month period when James Latham Peters was working as an anaesthetist. The issue had come to light in the last few weeks. Now a multi million dollar …
Murder Likely Saved Doctor from a Future Showdown with a New York Medical Malpractice Lawyer
Lishan Wang, a doctor with a severe emotional and anger management issues, was able to work with patients up until the time of his arrest for murder in New York, a medical malpractice lawyer understands. (PRWeb May 10, 2010) Read the full story at http://www.prweb.com/releases/newyork/medicalmalpracticelawyer/prweb3978124.htm
A personal injury lawyer is an attorney who represents an individual who claims to have been injured physically and/or emotionally as the result of trauma caused by the negligence of another person, group, or government agency. A personal injury law firm in Minneapolis MN has experience with law in regards to damages to a person, their property, and other civil wrongs. They deal with tort law. This is a body of law that addresses civil wrong doings that are not contract related.
Instead of attempting to represent yourself for any compensation resulting from an accident, a personal injury lawyer knows the best way to proceed. They can also advise you on the amount to ask for when going to trial. An experienced personal injury lawyer can make sure that the other party does not try to take advantage of you and that you get what you deserve from the trial. The court will determine the loss and damage done to you and then it is up to the attorney, who has personal injury experience, to ensure that a fair settlement is agreed upon on your behalf.
Unfortunately, many accidents occur yearly and even daily. Whether you have experienced a car accident, wrongful death, or medical malpractice, for example, there are many benefits from hiring an experienced personal injury law firm to represent your case.
The many situations that can lead to the hiring of a personal injury law firm include: Vehicle accidents, boat accidents, plane crashes, medical malpractice, bus accidents, wrongful death, amputation injuries, and brain injuries, to name a few.
If you live in the state of Minnesota, there is a no-fault insurance law. This entitles a person to compensation for the losses suffered in an accident, even if the accident was partly the individual’s fault. This law can help compensate for loss of wages, and other activities of daily living. If the incident was mainly someone else’s fault, you may be compensated for pain and suffering as well.
The best way to see if you qualify for the Minnesota no-fault insurance law is to hire an experienced personal injury lawyer in Minnesota (Minneapolis is a good city to go for this service).
When in an accident, first contact emergency personnel. If you become injured, one of the first steps you should take – after medical help has been enlisted – is to contact your insurance company. An experienced personal injury lawyer should be contacted to guide you through the process of compensation for physical and emotional losses.
It is important to choose an attorney who has a history of being with clients until the end of the settlement and that satisfactory compensations were met.
Another benefit to hiring and experienced personal injury lawyer is that they will do all of the “homework” for you. You should contact an injury lawyer as soon as possible after the accident. And they, in turn, should act swiftly in obtaining and preserving evidence from the scene of the incident. This is one less thing for you to worry about when injuries have taken place, causing emotional and physical trauma. An experienced attorney will also contact witnesses and focus on other important factors related to the accident.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
The following is an expert answer given by Florida Slip And Fall Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:
Question: I fell on ice in my condo parking lot a few weeks ago. The condo association cleared the parking lot of snow and shoveled most sidewalks but they did not shovel the sidewalk in front of our cars, so my only access to my car was on the blacktop. I slipped on black ice and fractured my arm and am currently in a sling for four weeks. I can not drive to work. I have had to pay for transportation. I am also the caregiver for my son’s two children every other weekend and can not lift my grandson. I was told that if it heals properly within four weeks I will then go to physical therapy. I called the maintenance association and told them to please come back out and shovel the sidewalk so we could access cars and they never did. Do I have a legal right to sue them for negligence, physical harm, pain and suffering etc? Answer: The answer to your questions depends on the law in your state for slip and fall accidents, and particularly how your state courts treat slip and falls on ice. I am a Florida attorney specializing in car accidents claims, slip and falls claims, and workers compensation accidents. Laws vary from state to state so what happens in a Florida slip and fall case may not be the case in your state. The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. slip and falls. He can advise you what the law is in your state for slip and fall accidents which occur on ice. Generally, a landowner owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves. Based upon your email, the maintenance association knew about this dangerous situation because you called them and advised them of it. It has probably happened repeatedly in this parking lot. However, they failed to correct the danger, or provide some other safe route to your car, which should allow you to pursue a claim against them. You should contact an attorney in your area soon that specializes in premises liability claims. Slip and fall accidents are somewhat of a specialty to handle them successfully. There are many steps your attorney should take now, i.e. notify the insurance companies for the maintenance association, find out what types of coverage are available, and if there are any other entities that may be responsible, i.e. maybe your maintenance association called another company to come clear the sidewalk, and the other company never responded. Your attorney should also obtain photographs of the area where the accident occurred, particularly if you can get photos of the area with the black ice on it as it was on the day of your accident. Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case. You usually do not have to pay anything up front, and if there is no recovery, you do not owe anything. So, you have nothing to lose by at least speaking with an accident lawyer. Just by my own experience in Florida slip and fall claims, if I don’t think a person has a viable case, I will tell them right up front. There is no point in creating false expectations and wasting your time and the attorney’s time.
For more information about a Florida slip and fall case, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.jmmlaywers.com, or email him today.
[||]
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 16 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
My son got beaten up by a stranger on the beach, he got broken nose, cut from lips, one tooth fell and several other teeth in pain. After police handcuff the guy, police made a report, i tried to find a lawer, but the lawer doesn’t think there is a case, all i want is some compensation ……..what should i do???
If you have recently been involved in a car accident, then you are probably wrestling with a number of questions. Among the many questions you may have is – “what should I expect from a car accident attorney”. According to San Bernardino car accident attorney Emery Ledger of Ledger & Associates, that is one of the most frequently asked questions at his firm. It is a completely understandable question and one that deserves to be answered. If you have been through a car accident, whether your injuries are minor or catastrophic, you are likely trying to begin the healing process and dealing with a number of practical issues at the moment. The last thing you need is to have to worry about handling the legal aspects of your car accident. That, is the primary responsibility of you car accident attorney – to handle the legal aspects of your case. Your car accident attorney, however, can be a wonderful source of information and support throughout the entire healing and litigation process.According to San Bernardino car accident attorney Emery Ledger, the number one thing that you can expect from your car accident attorney is peace of mind. From the moment that you make the decision to retain a car accident attorney, they become your eyes, ears and voice. You may already have received telephone calls from the other driver’s insurance company. Once you have an attorney on your side, you no longer need to accept those calls. All you do is tell them that you are represented by an attorney and they can no longer bother you. Also, you will not have to worry about whether you should give a statement or give the insurance company any details about the accident at all. You attorney will make those decisions based on the facts of your case.You car accident attorney will investigate every aspect of your case and procure any and all documents that are necessary to prepare your case for either settlement or trial, says San Bernardino car accident attorney Emery Ledger. If there is a question of who was at fault, your car accident attorney will do everything he can to prove that you were not the one at fault. Your car accident attorney can also help you find medical treatment if you do not have a medical provider or do not have medical insurance. Many times, doctor’s are reluctant to treat someone without medical insurance, however if the accident was not your fault then you will not be responsible for paying. If f your car was damages in the accident, then your car accident attorney can help you get it repaired right away – not at the end of your case.The bottom line is that once you have retained a car accident attorney, you can concentrate on the process of healing and not be burdened by the legal and practical aspects of your car accident. Hiring a San Bernardino car accident attorney will give you the piece of mind to make it through the weeks or months that follow a car accident. If you would like to have an experienced San Bernardino car accident attorney look at your situation and advise you as to whether you have a good case, please contact San Bernardino car accident attorney Emery Ledger of Ledger & Associates, 1800-300-0001 or online at www.ledgerlaw.com
Tricia Mills is a an online writer. She wrote articles of any topics. She treat her work very special as something that inspired her. It was the best way that she could express her emotions. Moreover, she really likes to wrote articles about the importance of a personal injury lawyer or an attorney to the lives of an injured victims.
The following is an expert answer given by Broward County Injury Lawyer, Joseph M. Maus, and is taken from AllExperts.com, a free Q & A service on the internet:
Subject: Attorney Won’t Talk To Witness
Question: What do you do when your personal injury attorney will not communicate with your expert witness because he does not want to pay his retainer? Our previous attorney hired this expert and my family personally paid a substantial amount for his investigative services. This present retainer is a nominal fee in comparison to what we paid the expert. Our present attorney pays for the services of experts according to his contingency agreement. We do have some notes that the expert took from interviews of witnesses. I talked with him a few days ago about what was discovered by the expert witness and he brought up a possible spoilage of evidence issue. There is also other crucial evidence we want him to investigate further. The court ordered a mandatory mediation and we do not feel that the discovery has been thorough enough in order to present our case effectively. We feel our attorney should leave no stone unturned, however he has not even returned our expert’s emails. How can we be satisfied with any settlement offered if we still have questions that we want answered? What would you advise in this situation? Answer: You need to sit down and have a detailed, face to face, discussion with your attorney on what is going on with the case. Without knowing the history of your case, and all the details of what has happened through both your attorneys, I could not give you an opinion as to whether the current attorney is handling the case correctly. Make a list of your questions. Take the expert’s emails with you. Ask about the presentation that is going to be made at mediation, and whether additional discovery would help your case at mediation. And, ask about the settlement and verdict range of cases similar to yours. Your attorney should be able to answer all these questions to your satisfaction, or you should find an attorney that can. I can tell you from my own experience as a Broward County injury lawyer, clients sometimes do not appreciate the critical legal issues in a case, and focus on more emotional issues that may not have much bearing on the outcome of a case. Expert witnesses sometimes do the same. Your attorney needs to focus on the elements of the claim which need to be proven in court, including damages, and utilize expert witnesses for that limited purpose. It doesn’t do you any good to have an expert run up costs on a file if there is no benefit or use to the opinions he/she will be able to provide.
For more information or to speak with a Broward County Injury lawyer, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.
[||]
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 17 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
