Gallese
Law Firm
For the People

Stuart Florida Office
772-220-2088 phone
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Q.How much is my case worth?

A.This one of the most difficult questions a plaintiff's attorney will get asked. Cases have value based on five areas assuming the liability, i.e. who was at fault, issue is clear. Plaintiff's in personal injury cases are entitled to five areas of damages. Those areas are as follows:
A. ..... Past Medical Bills
B. ..... Future Medical Bills
C. ..... Past Lost Wage
D. ..... Lost of Earning Capacity in the Future
E. ..... Pain and Suffering

There is no tried and proven formula to determine exactly how much a case is worth and it really depends on how the evidence comes in on a case. More specifically, whether or not there are any inconsistencies in testimony, medical records and other issues which would allow the insurance company's lawyer to take away credibility from the injured party's case. However, based on our track record of trying cases in the state of Florida, we are generally able to come up with at least a "range of value" of cases after the attorney who is working the case has been able to get all the medical records and bills in and see how the client has finally improved or basically gotten worse since the time of the injury. Even with all that information it is very difficult for Plaintiff's counsel to come up with an exact figure but, typically, a range of value based on our vast experience in handling these types of cases can be determined.

Q.How long will it take to bring my case to a conclusion?

A.The answer to this questions also depends on the complexity of the case. In other words, the last thing we want to do is resolve a case while our client is still healing or does not have a good understanding on what their future medical condition will be. Every plaintiff's lawyer's fear is to allow the client to sign a release and then find out a short period of time after letting them execute the release, that they need future surgery or have massive medical bills still facing them. With that being said, typically the average premises liability/auto case or any other type of general negligence case is resolved within from 4 to 8 months after being signed up by the firm. Naturally, that time range is subject to fluctuation depending on the facts of the case.

Q.Why do I have to pay costs in the case?

A.This firm uses the Florida Bar approved Contingency Fee Contract. That contract allows for several options. In regard to fees, it allows for 33 1/3% recovery prior to the filing of a lawsuit and an answer being filed by the defendant as well as payment of costs by the client. Typically, we are able to keep costs down to a minimum in the presuit and early litigation stage, however, as the case moves forward to trial the costs can be very extreme. This not something done by design on our part, it is just a fact of life in litigation across this country that once the insurance company gets involved in a case against the consumer, the costs run rampant. Our firm does have the resources to keep up with the insurance corporations in regard to these costs, however, ultimately they are paid by our client in the event of a recovery pursuant to the contract.

Q.Why do we have to "file suit" and what does that mean?

A.Filing suit is the actual act of filing legal papers at the courthouse. This is done only with the client's permission after all efforts have been made to resolve the case in presuit. Over the last 7 to 8 years the insurance industry has gotten extremely aggressive in defending these cases and we find ourselves in litigation more and more.

When a case is actually filed that does not mean that you will one day be walking up the courthouse steps with one of our lawyers. However, it does mean there is a possibility and although most cases resolve before trials, there is a possibility that once your case is filed it can go to trial. However, based on our experience we are able to keep the client educated as to their options during this entire process and although our firm tries more cases than any other firm, we still resolve a large percent of our client's case pursuant to their wishes for a variety of reasons.

Q.Will a lawyer require fees up front?

A.Paying for a lawyer in a products liability case is dependent on the merit of the case. Some lawyers will take a case on full contingency, meaning they will only receive money if you win the case and receive a settlement. Some lawyers will still bill you for expenses during the preparation and the trial of the case depending on the merit of the case.

Q.Are dog owners liable if their dogs injure another person?

A.In the past, a dog owner was only held liable if their dog had already bitten or shown that it was likely to bite a person. Now, most states hold the owner responsible regardless of whether the dog had previously shown a predisposition to bite a person.

Q.Is an oral contract legally enforceable?

A.Generally speaking an oral contract is indeed legally enforceable (although for most complicated contracts such as those in complex commercial transactions, the contractual parties usually create agreements in writing in order to avoid any dispute regarding the terms). However, certain types of contracts, for example those creating rights and obligations in and over real property, must as a matter of law be in writing to be legally enforceable.
Disclaimer: This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.
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