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[description] => Florida Attorney's Injury & Accident and Estate Planning Resources
Our researchers gathered helpful information to offer in our free legal library so you can find all the answers you need to your estate planning questions and injury or accident questions in one place. When you need a source for accurate, reliable information, look no further than these helpful, easy-to-read articles.
Included here are articles from our monthly newsletters as well as answers to questions our firm gets regularly.
If you're in need of an estate plan or were injured in an accident in South Florida, contact our office today to schedule a Free Consultation: (954)755-7803
More free resources:
Visit our FAQ page for answers to frequently asked questions about the law in South Florida.
See our videos to learn more about injury and estate planning law.
Check out our estate planning and injury & accident blog.
Read our Client Success Stories in our case results.
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[post_content] => Contingency Fees
In a personal injury matter in the state of Florida, the attorney fees are called contingency fees. What this means is that they do not get paid unless they get money for you. When a case settles, the contingency fee for the attorney is a percentage of that recovery amount.
Percentages
Typically, if the case settles without needing to file a lawsuit, the attorney will take 33 1/3% (33.33%). For example, if your case settles for $25,000, you will split that with your attorney; they will get $8,333.33 and you will get the remaining $16,666.67 to cover your medical expenses and reimburse your attorney for the costs they paid throughout the case as well, and after the expenses are paid, you can pocket the rest. If the BI or UM does not offer an amount that’s enough to cover all expenses, including attorney fees, or if they are not accepting liability in an accident in which their client is to blame, your attorney might seek litigation. If there is a lawsuit filed, your attorney will charge a higher percentage, usually 40%. In the event of a lawsuit, if the settlement amount is $50,000, it would be split $20,000 for your attorney, and $30,000 would remain for your expenses and net.
What Happens if the Case is Terminated?
If you were to decide to terminate your case with your attorney and hire another one, they are still entitled to their time involved in the case (called “quantum merit”), so they will place an attorney lien on the file for the other attorney to cover, and it will be typically be considered an additional expense that the new attorney will take out of your settlement with them. This lien will include any costs that your attorney paid upfront while you were still working with them. If you were to choose to represent yourself once your attorney is terminated, you would still be responsible for their fees and reimbursements. However, if your attorney initiates the withdrawal and decides not to continue with your case, they are typically not entitled to fees and expenses.
If you like what you’ve read here or if you found this information helpful, please subscribe to receive more information. Go to AskAndyLegal.com and download more important information regarding injuries with accidents and share this article on Facebook, Twitter, or any other social media. Additionally, sign up for the Andy Alert Newsletter to receive monthly updates.
[post_title] => How Does My Attorney Get Paid In A Personal Injury Case?
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[post_content] => When a settlement is reached with the insurance company, they will require you to sign a release form before you get the check from them. By signing it, you are assuring that you will no longer pursue compensation regarding the current personal injury matter once you receive your settlement check; you are releasing your rights to do so and releasing the at-fault party from liability upon settlement as well.
What’s in the Release Form?
Every release form is different depending on the case and the insurance company. There is often complex language in them that you should seek guidance from an attorney for, but generally, there are four main points that a release form covers:
- If you were to discover any additional injuries caused by that accident, you will not obtain any further compensation from the at-fault party and/or the insurance company representing them.
- You may see wording that looks like the following:
“(The insurance company) is settling your claim, but does not publicly acknowledge or admit the company nor (the insured) had any fault for the accident or your resulting injuries.”
This looks alarming, but it has no affect at all on your settlement amount. This pretty much is stating that the parties are agreeing to the terms of the settlement without officially placing blame.
- There is another statement further assuring that you are releasing your rights to file any other legal claims and suits against the responsible party or their insurance company regarding this accident. You are agreeing that the current settlement is sufficient in satisfying this accident case and any possible claims you’d attempt to file in the future regarding this accident.
- There may be a statement at the end confirming that you did not make any additional agreements with the responsible party for compensation regarding the accident other than the current settlement. This is just making sure you don’t try saying that you are owed additional money in the future.
Consult an Attorney
It is very important to have your attorney look the release form over before you sign it and to ask them any questions you have about whatever is unclear to you. Andrew G. Rosenberg, P.A will always be available to walk you through the language of the form and make sure you are not signing over any additional and unnecessary rights that the insurance company might have tried to include.
[post_title] => One More Thing To Sign Before You Get Your Check
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[post_content] => When your personal injury case is finally settled, there is usually a sense of relief that washes over clients. That relief is usually short lived for many clients though because they receive notices from their health insurance that they must pay back the expenses for their medical treatments related to the accident. Many clients wonder why this happens and if it is legal or not. I spoke about this topic a bit in my blog. However, in this article we’ll discuss the specifics of health insurance liens and when you are responsible for reimbursing your health insurance.
What is a Health Insurance Lien?
When you sign a contract with your health insurance provider, you agree to reimburse your medical provider for any bills that were caused by a third party. This applies to you if the driver who is deemed to be at fault is not you. Because this is in your health insurance contract, you are responsible for paying back your health insurance once your case is settled. This applies to Medicaid and Medicare as well.
How Does a Health Insurance Lien Affect Me?
There are many problems that can arise from health insurance liens. In some cases, the settlement amount may not cover paying back your health insurance. If this is the case for you, you won’t have enough money to be adequately compensated for your injuries and losses in the car accident.
The good news is that some health insurance companies are willing to negotiate the amount that you must pay back. Your lawyer can handle the negotiation and possibly settle so that you do not have to pay back the full amount of your medical expenses.
Unfortunately, there are some health insurance policies that do not require them to negotiate the reimbursement with you. These plans are called Self-Funded ERISA plans. It’s a good idea to check if your health insurance has one of these plans because they can negatively affect your negotiation down the line.
Let’s Recap
Health Insurance liens are not fun, but you are legally obligated to respond to them. The contract that you sign with your health insurance provider ensures that they will be reimbursed for any injuries that are caused by a third party. These liens can be negotiated unless your healthcare provider has what is called a Self-Funded ERISA plan. In those cases, your lawyer may still try to negotiate, but it is more difficult to lower the reimbursement.
If you like what you’ve read here or if you found this information helpful, please go to AskAndyLegal.com and download more important information regarding injuries with accidents and share this article on Facebook, Twitter, or any other social media. Additionally, sign up for the Andy Alert Newsletter to receive monthly updates.
[post_title] => I Have To Pay Back My Health Insurance In My PI Case?
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[post_content] => Nowadays, social media sites have become an integral part of our lifestyles. It has become the norm to post about any event that occurs in your life and share it with your friends and family on your profiles. While there are many advantages to participating in social media, the dangers of it are often overlooked. The misuse of social media, such as Facebook and Instagram, can lead to several consequences that are not usually considered. With the new generation being so reliant on social media, it is important to educate your children on the proper use of social media as well.
You are probably familiar with more talked about dangers of social media sites, like fake profiles and private information becoming available publicly. However, there are other situations where posting on your page or not taking the necessary precautions before posting can cause further complications with other involvements you have going on; specifically if you are involved in a lawsuit.
The amount of information one can retrieve online is so abundant and easily accessible that it becomes the first place an insurance company, or anyone involved, will look when they want to investigate a case. Because they are aware of the negligence some people have when it comes to posting on social media, sites like Facebook, Instagram, and Twitter become the first places the opposing council looks into when investigating claims made by an injured party. They are mainly looking for anything on the profiles that may invalidate the credibility of the plaintiff. For example, if you filed a claim from a car accident that caused you a severe spinal injury, the insurance adjuster representing the driver who hit you is going to look into your profiles to try to find any photos or text posts in an attempt to prove you may not be as injured as you have been leading on. Even a picture of you at the beach or a park with your kids can be used against you no matter what the circumstances may have been.
If you or a loved one is involved in a lawsuit, it is imperative that you are well informed on how to navigate your social media pages properly to avoid complications, or even having it sway in the wrong direction. It is okay to use social media, but an attorney will be sure to advise you to avoid posting anything while in the midst of a lawsuit. Be sure to check out our blog post about the proper way to avoid complications with social media and how to be cautious with your online activity. If you are ever unsure of what should and should not be posted online, do not hesitate to contact Andrew G. Rosenberg, P.A with any of your questions.
[post_title] => How Social Media Can Affect Your Personal Injury Case
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[post_content] => Personal Injury claims fall under a legal matter called tort claims. A tort is an action that caused some sort of damage. According to the American Bar Association, “Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages.” So, two questions are always asked anytime there is an intention of filing a tort claim: Was the defendant liable for the damages you sustained? And what is the nature and extent of your damages? Personal injury would be considered a nature of damages and in order to file a personal injury claim, you would have to prove that your injuries are a result of one of the five categories that classify a tort: negligent actions, strict liability, intentional torts, miscellaneous torts, and cases that revolve around product liability.
Most of the time a personal injury claim would be against an individual, business, or institution who is liable due to their negligent actions. Personal injury can occur in any situation that holds another individual or entity liable. Most instances that lead to a personal injury claim against an at-fault party fall under 3 categories: Motor vehicle accident, slip and fall, and medical malpractice. In motor vehicle accidents, it’s sometimes difficult to prove fault, which is why calling a police officer to the scene of the accident is imperative to your case. In slip and fall cases, also called premise liability, the accountable party is typically the owner of the property where your injury occurred. Medical Malpractice cases are often more complex because there are many aspects of a medical procedure that can cause your injury, not just the doctors. For further explanation of the common personal injury cases, check out the personal injury blog on our website!
There is a lot that goes into a personal injury case because you have to be sure to have proper proof that the defendant is fully liable and that your pain and suffering was initiated by the incident at hand. Having an experienced personal injury attorney represent you will ensure that your personal injury does not create a financial burden for you as he fights to get you the proper compensation you deserve. Unsure if you have a basis for a personal injury claim? You can contact the Law Offices of Andrew G. Rosenberg, P.A for a free consultation to find out!
[post_title] => Can Your Injury Be Considered A Personal Injury Claim?
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[post_content] => In Florida, you are able to terminate your attorney-client relationship and essential ‘fire’ your attorney. If the client believes their attorney isn’t representing them to the best of his or her ability and not providing them with proper communication about their case, they may decide to terminate the relationship. However, there are a few factors to consider before making that decision.
Statue of Limitations
A statute of limitations puts a time limit on cases. You can lose your rights in a case if it isn’t settled within the time limit. For personal injury cases, and many other types of lawsuits, The Florida Statute Section 95.11 sets the time limit of four years from the day of the accident. For medical malpractice and wrongful death cases, the limit is two years. Every case is different in the time it takes to reach a proper settlement, and having to find a new attorney and re-doing a portion of the process will prolong the case with the statute of limitation still approaching.
Quantum Meruit
Even though a client decides to ‘fire’ their attorney, a contract was still made, and doing so will terminate the contract as well. So, in Florida, the attorney is entitled to compensation if the client is the one to discontinue the agreement. The attorney that is fired is entitled to an hourly fee if they can prove how much time they spent on the case. The client won’t owe the compensation right away, though. It will be considered an “attorney lien,” which still is based on contingency that their case will reach a settlement. If the new attorney is able to get the client a settlement, the attorney lien to pay the fired attorney will come out of that amount, lowering what the client will be able to receive from it after all the reimbursements.
Reasoning
The most occurring reason why clients contemplate firing their attorney’s is because they are upset with their settlement offers. It’s important to keep in mind that the initial offers from the insurance companies are typically very low, most of the time lower than your total medical bills, your attorney should be able to negotiate and get you an offer that will properly compensate you, so it’s best to be patient. However, if you truly feel that your attorney isn’t getting them to raise their offers, you do have the right to ‘fire’ them. Every offer is different for each case, but if your attorney’s professional opinion is that your case isn’t strong enough to get the large amount of money you were expecting, your new attorney will most likely tell you the same thing.
If you are contemplating firing your attorney, it is always recommended to seek a second opinion from another attorney. At the Law Office of Andrew G. Rosenberg, P.A we are dedicated to making sure you are one hundred percent satisfied with our representation.
[post_title] => Can I Fire My Attorney? If So, What Happens Next?
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[post_content] => Contingency Fees
In a personal injury matter in the state of Florida, the attorney fees are called contingency fees. What this means is that they do not get paid unless they get money for you. When a case settles, the contingency fee for the attorney is a percentage of that recovery amount.
Percentages
Typically, if the case settles without needing to file a lawsuit, the attorney will take 33 1/3% (33.33%). For example, if your case settles for $25,000, you will split that with your attorney; they will get $8,333.33 and you will get the remaining $16,666.67 to cover your medical expenses and reimburse your attorney for the costs they paid throughout the case as well, and after the expenses are paid, you can pocket the rest. If the BI or UM does not offer an amount that’s enough to cover all expenses, including attorney fees, or if they are not accepting liability in an accident in which their client is to blame, your attorney might seek litigation. If there is a lawsuit filed, your attorney will charge a higher percentage, usually 40%. In the event of a lawsuit, if the settlement amount is $50,000, it would be split $20,000 for your attorney, and $30,000 would remain for your expenses and net.
What Happens if the Case is Terminated?
If you were to decide to terminate your case with your attorney and hire another one, they are still entitled to their time involved in the case (called “quantum merit”), so they will place an attorney lien on the file for the other attorney to cover, and it will be typically be considered an additional expense that the new attorney will take out of your settlement with them. This lien will include any costs that your attorney paid upfront while you were still working with them. If you were to choose to represent yourself once your attorney is terminated, you would still be responsible for their fees and reimbursements. However, if your attorney initiates the withdrawal and decides not to continue with your case, they are typically not entitled to fees and expenses.
If you like what you’ve read here or if you found this information helpful, please subscribe to receive more information. Go to AskAndyLegal.com and download more important information regarding injuries with accidents and share this article on Facebook, Twitter, or any other social media. Additionally, sign up for the Andy Alert Newsletter to receive monthly updates.
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• January 26, 2022
Contingency Fees In a personal injury matter in the state of Florida, the attorney fees are called contingency fees. What this means is that they do not get paid unless they get money for you. When a case settles, the contingency fee for the attorney is a percentage of that recovery amount. Percentages Typically, if…
Read More• January 26, 2022
When a settlement is reached with the insurance company, they will require you to sign a release form before you get the check from them. By signing it, you are assuring that you will no longer pursue compensation regarding the current personal injury matter once you receive your settlement check; you are releasing your rights…
Read More• January 26, 2022
When your personal injury case is finally settled, there is usually a sense of relief that washes over clients. That relief is usually short lived for many clients though because they receive notices from their health insurance that they must pay back the expenses for their medical treatments related to the accident. Many clients wonder…
Read More• January 26, 2022
Nowadays, social media sites have become an integral part of our lifestyles. It has become the norm to post about any event that occurs in your life and share it with your friends and family on your profiles. While there are many advantages to participating in social media, the dangers of it are often overlooked. …
Read More• January 26, 2022
Personal Injury claims fall under a legal matter called tort claims. A tort is an action that caused some sort of damage. According to the American Bar Association, “Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages.” So, two questions are always asked anytime there…
Read More• January 26, 2022
In Florida, you are able to terminate your attorney-client relationship and essential ‘fire’ your attorney. If the client believes their attorney isn’t representing them to the best of his or her ability and not providing them with proper communication about their case, they may decide to terminate the relationship. However, there are a few factors…
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In a personal injury matter in the state of Florida, the attorney fees are called 
When a settlement is reached with the insurance company, they will require you to sign a release form before you get the check from them. By signing it, you are assuring that you will no longer pursue compensation regarding the current personal injury matter once you receive your settlement check; you are releasing your rights to do so and releasing the at-fault party from liability upon settlement as well.
What’s in the Release Form?
Every release form is different depending on the case and the insurance company. There is often complex language in them that you should seek guidance from an attorney for, but generally, there are four main points that a release form covers:
When your personal injury case is finally settled, there is usually a sense of relief that washes over clients. That relief is usually short lived for many clients though because they receive notices from their health insurance that they must pay back the expenses for their medical treatments related to the accident. Many clients wonder why this happens and if it is legal or not. I spoke about this topic a bit in my 
You are probably familiar with more talked about dangers of social media sites, like fake profiles and private information becoming available publicly. However, there are other situations where posting on your page or not taking the necessary precautions before posting can cause further complications with other involvements you have going on; specifically if you are involved in a lawsuit.
The amount of information one can retrieve online is so abundant and easily accessible that it becomes the first place an insurance company, or anyone involved, will look when they want to investigate a case. Because they are aware of the negligence some people have when it comes to posting on social media, sites like Facebook, Instagram, and Twitter become the first places the opposing council looks into when investigating claims made by an injured party. They are mainly looking for anything on the profiles that may invalidate the credibility of the plaintiff. For example, if you filed a claim from a car accident that caused you a severe spinal injury, the insurance adjuster representing the driver who hit you is going to look into your profiles to try to find any photos or text posts in an attempt to prove you may not be as injured as you have been leading on. Even a picture of you at the beach or a park with your kids can be used against you no matter what the circumstances may have been.
If you or a loved one is involved in a lawsuit, it is imperative that you are well informed on how to navigate your social media pages properly to avoid complications, or even having it sway in the wrong direction. It is okay to use social media, but an attorney will be sure to advise you to avoid posting anything while in the midst of a lawsuit. Be sure to check out our blog post about the proper way to avoid complications with social media and how to be cautious with your online activity. If you are ever unsure of what should and should not be posted online, do not hesitate to contact Andrew G. Rosenberg, P.A with any of your questions.
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[post_content] => Personal Injury claims fall under a legal matter called tort claims. A tort is an action that caused some sort of damage. According to the American Bar Association, “Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages.” So, two questions are always asked anytime there is an intention of filing a tort claim: Was the defendant liable for the damages you sustained? And what is the nature and extent of your damages? Personal injury would be considered a nature of damages and in order to file a personal injury claim, you would have to prove that your injuries are a result of one of the five categories that classify a tort: negligent actions, strict liability, intentional torts, miscellaneous torts, and cases that revolve around product liability.
Most of the time a personal injury claim would be against an individual, business, or institution who is liable due to their negligent actions. Personal injury can occur in any situation that holds another individual or entity liable. Most instances that lead to a personal injury claim against an at-fault party fall under 3 categories: Motor vehicle accident, slip and fall, and medical malpractice. In motor vehicle accidents, it’s sometimes difficult to prove fault, which is why calling a police officer to the scene of the accident is imperative to your case. In slip and fall cases, also called premise liability, the accountable party is typically the owner of the property where your injury occurred. Medical Malpractice cases are often more complex because there are many aspects of a medical procedure that can cause your injury, not just the doctors. For further explanation of the common personal injury cases, check out the personal injury blog on our website!
There is a lot that goes into a personal injury case because you have to be sure to have proper proof that the defendant is fully liable and that your pain and suffering was initiated by the incident at hand. Having an experienced personal injury attorney represent you will ensure that your personal injury does not create a financial burden for you as he fights to get you the proper compensation you deserve. Unsure if you have a basis for a personal injury claim? You can contact the Law Offices of Andrew G. Rosenberg, P.A for a free consultation to find out!
[post_title] => Can Your Injury Be Considered A Personal Injury Claim?
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