Lawsuit & Claim Filing FAQs
Florida Legal Claims & Financial Implications
If you believe that you have a legal claim, or if you are curious about what to expect if you decide to take legal action, we welcome you to contact an attorney at the Law Offices of Michael B. Brehne, P.A. for answers to your most burning concerns.
How do I know if I have a legal claim?
Legal claims are largely based off of the strength of evidence and supporting documentation. So, if you have been harmed in some way by an individual or entity, or if an individual or entity has failed to adhere to basic standards of professionalism and care when dealing with you, then you may very well have a claim. It is best to gather as much supporting information as possible and speak with an Orlando attorney to determine your options.
Do I need legal representation?
Yes. An attorney will make your claim and legal process go much smoothly. You will gain legal guidance, advocacy and aggressive support during negotiations. Further, a Florida accident attorney can perform a thorough investigation of your case and help you obtain expert testimony and evidence that you may have otherwise been unable to locate and gather independently.
How much is my case worth?
The value of your case may depend on several factors such as the severity of your injuries, the types of damages at hand, the impact of injuries and damages on your standard of living, and the presence of dependent family members. At the Law Offices of Michael B. Brehne, P.A., our Orlando attorneys have aided in large settlements that resulted in millions of dollars worth of compensation to our clients. Your case may be worth thousands or even millions.
What is a contingency fee and how is it applied?
A contingency fee is what is charged by attorneys after a case is successful. The only way that an attorney is paid is if the case is successful, in which the attorney will collect a small percentage (usually totally up to 30 percent) of the total award. If the case is unsuccessful, the attorney does not receive payment and the client is not required to afford any attorney fees.
If I lose, who covers my expenses?
If you lose, and choose not to appeal the decision, you will be responsible for affording the costs related to the issues at hand.
Will I have to go to trial?
If the parties involved in your case are unwilling to work toward an agreeable settlement with you, then yes, you have the right to file a lawsuit. This means that your case will go to trial.
Should I consider filing a lawsuit?
If you are considering filing a lawsuit, you should visit an Orlando law firm for legal guidance and support. If you file a claim, and the opposing party refuses to agree to a favorable settlement, it may be best to file a lawsuit.
How does a statute of limitations impact my case?
A statute of limitations is a set of laws that govern the terms and amount of time that an individual or entity may seek legal action against another party. Once the time specified collapses, an individual is unable to take legal action. Therefore, it is crucial to speak to a motorcycle attorney in Orlando, FL as soon as you believe that you have a claim so that you will be knowledgeable about such statute of limitations and take measures within the designated timeframe.
Are there different statutes of limitations?
Yes. The statutes of limitations vary across legal issues.
What are the benefits of settling out of court?
Settling out of court is an easier experience. The process is less stressful, since attorneys are usually charged with the tasks of advocating and negotiating. Further, settling out of court is a private affair between and among the parties involved and their respective attorneys. It is a cost-effective process in which the parties are able to negotiate toward a solution that is best (as opposed to having the ultimate decision being placed into the hands of a judge or jury based off of the impression and finding that are presented during court sessions).
What types of damages may I be eligible to recover in a lawsuit? Do these include attorney’s fees?
In most cases, you are responsible for covering your own attorney fees. The only exception to this rule is if you are able to enter into a contract that specifies that in the event of a win, the opposing party is responsible for your legal fees. Even still, the terms relating to this benefit must be detailed, clear and specific to be executed.
In regards to the damages that you can recover in a lawsuit, the following considerations are most commonly covered:
- Medical fees
- Lost wages and unemployment
- Temporary and permanent disabilities
- Burial expenses (if applicable)
- Needs of surviving spouses and dependents (if applicable)
- Lost, stolen or damaged property
- General pain and suffering
What is the process of arbitration?
Arbitration is a method of dispute resolution, in which opposing parties meet with an arbitrator to reach a governing agreement. Arbitration is private and does not involve traditional court proceedings.
What does litigation mean?
Litigation refers to the practice that is seen during traditional court proceedings, in which opposing parties argue for their designated requests before a judge and jury in a court of law. Litigation permits opposing parties to defend themselves and present evidence that support the idea that their requests are necessary.
How is collaborative law used?
Collaborative law is an alternative approach to traditional court proceedings. It is often applied in divorce proceedings, in which parties are able to work together toward reaching solutions and making decisions on basic marital, financial or business issues. Although collaborative law is commonly applied in divorce cases, it is not limited to divorce. In fact, many businesses are adopting methods of collaborative law in order to avoid trial.
Is it possible for an attorney to settle my case without my consent?
NO. An attorney always needs your consent before settling a case on your behalf. The only way around this is if you make the decision to sign a waiver or release document that allows your attorney to act on your behalf.
How will I pay for your services?
If we are successful with your case, then we will collect a small contingency fee from your total award package. If we are unsuccessful, then you need not to worry about paying our attorneys at all.
What types of expenses are involved?
Basic legal fees, such as compilation of paperwork, investigations, and gathering expert testimony are often expenses that are involved in legal representation. A law firm may also consider the nature, length and scope of work that your case requires, the status of the opposing party, the risks associated with your case, and the likelihood of the success of your case. By simply inquiring about the expenses involved with your attorney, you will gain a deeper understanding of how the legal process works and what you may (or may not) owe at the conclusion of the legal process.
At the Law Offices of Michael B. Brehne, P.A., our Orlando attorneys are pleased to answer all of your questions and concerns. Contact us today for a consultation so that we may provide specific guidance regarding the unique conditions of your case.