Do I Have a Case?
The only surefire way to find out is to contact an attorney. The merits of the case are
determined by several factors. There are three things that a jury must recognize in order
for you to win: liability, causation, and damages. The Law Offices of Randy C.
Botwinick will be able to evaluate the facts of the case during a free consultation.
Contact Us to schedule an appointment.
How do I find the right lawyer to help me?
Ask questions. A good lawyer won't mind answering them. Find out if the lawyer has
experience in doing the type of work you need done? How much experience? Will the
lawyer take time to sit down with you and explain things? And, will the lawyer listen to
what you have to say? Ask other professionals you know and get their opinion of your
choice. Do you have other friends who might have used the lawyer you're considering?
Talk to those friends. Don't feel intimidated by the lawyer you choose and insist on
spending some time together after you hire your lawyer. Never say you understand when
you really don't. You have the right to have explanations in clear, understandable terms.
Why are we using my car insurance if the car accident was not my fault?
Even if a client is involved in an accident that was caused by another person, we can still
file a claim for personal injury protection benefits, or PIP. This is what is known as "no-
fault" insurance, and by law, it requires the insurance company to pay 80 percent of a
person's medical bills and 60 percent of their lost wages up to $10,000 regardless if they
are to blame.
A situation like this can also arise if the person responsible for the accident is uninsured
or underinsured. Then, as long as you've paid your insurance premium for this particular
coverage, you will have no trouble making a claim. It wouldn't make sense to pay extra
for coverage like this if it was not there for you when you need it most.
What damages can an injured person collect?
An injured party has the right to collect for past and probable future damages. These
damages fall into two categories. First are economic damages that can be calculated by an accountant (loss
of earnings and medical expenses). Second are non economic damages (physical pain, mental
anguish, physical impairment, disfigurement, loss of relationship with a family member).
How much is my personal injury case worth?
This is one of the harder questions for a plaintiff's attorney to answer. A case's worth is
based on five areas assuming that the liability issue is straightforward. Those areas
include:
- Past Medical Bills
- Future Medical Bills
- Past Lost Wage
- Lost of Earning Capacity in the Future
- Pain and Suffering
There is no blueprint for determining a case's value; it is really based on evidence such as
whether there are discrepancies in the testimony, medical records, or other pieces that
may detract from the integrity of the injured party's case. However, based on our
experience with past cases in Florida, we can estimate the value of the case once the
attorney has gathered all medical records and statements and has an idea if the client's
physical and mental state has improved or worsened from the date of injury.
What's a contingency fee?
In America, we have the freedom to enter into contracts. Large insurance companies
enter into contracts with attorneys and experts to defend against paying for damages
suffered by an injured person. Injured people rarely have the money to compete with
corporate giants so they enter into contingent fee contracts with attorneys to handle
claims by promising to pay fees and expenses only if their attorney delivers a cash award
or settlement. This contract can open the door to the courthouse for all people who have
legitimate claims.
What is a letter of protection used for?
Often times, people are lacking insurance coverage, or their PIP benefits have been
depleted. When this happens, medical facilities and doctors will sometimes accept a
"letter of protection," which is a document allowing the patient to continue treatment
without having to pay for it until a later date. Normally, there is no reimbursement made
until the patient reaches a full recovery. It is essential that the client understand that if the
case is not resolved in their favor, a letter of protection on file does not warrant them
exemption from paying off their medical bills.
What does it mean to "file suit," and why do we do it?
The act of filing legal papers at the courthouse is called filing suit. The client gives the
authorization to file suit after all other options have been exhausted during pre-suit.
When a case is filed with the court, it does not necessarily mean you will be
accompanying your lawyer to court. Most cases are able to be resolved before trials
begin, but some still make it through. Since we have such a history with cases of this sort,
we are able to provide the client with the education essential to making wise decisions.
Despite the large number of cases we take on, we are extremely proud of the number of
them in which we are victorious and able to satisfy the client, rewarding them with what
they deserve.
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The Randy C. Botwinick website is designed to provide educational information only and is not
intended to offer legal advice. Information contained in this website is not intended to create an attorney-client relationship, nor does it constitute
legal advice to any person reviewing such information. No electronic communication with Randy C. Botwinick, on its own, will generate an attorney-client
relationship, nor will it be considered an attorney-client privileged communication.