Daytona Beach Injury Lawyer Blog

As a personal injury attorney practicing in Florida, I normally enter into contingency fee agreements with my clients. A contingency fee agreement is a contract entered into by a lawyer and a client where a fee is charged only if there is a favorable result. You may often see lawyers advertise "No fees or costs unless we win your case." These lawyers are entering into contingency fee agreements with their clients. The practice of using these contracts is common because personal injury litigation is often times expensive. Contingency contracts allow a plaintiff who has limited financial means to retain a lawyer to protect their rights.

When I enter into a contingency fee agreement with a client, I am required to provide him or her with a "Statement of Client's Rights". This document outlines the client's rights and some of my responsibilities during our representation. These rights include, but are not limited to the following:

• A contingency fee contract must be in writing and you have 3 business days to reconsider the contract.

• Before hiring a lawyer, you have the right to know about the lawyer's education, training and experience.

• A lawyer must advise you whether the lawyer intends to handle your case alone or whether other lawyers will be helping with the case.

• You have the right to know in advance how you will need to pay the expenses and legal fees at the end of the case.

• You have the right to be told by your lawyer about possible negative consequences if you lose the case.

• You have the right to receive and approve a closing statement at the end of the case before you pay any money. The statement must list all of the financial details of the entire case, including the amount recovered, all expenses, and a precise statement of your lawyer's fee.

• You have the right to ask your lawyer how the case is progressing and to have these questions answered to the best of your lawyer's ability.

• You have the right to make the final decision regarding settlement of a case. Your lawyer must notify you of all offers of settlement before and after the trial.

Continue reading "You Have Rights When You Sign a Contract with a Personal Injury Lawyer" »

Simply put, mediation is a supervised settlement conference presided over by a mediator who is specially trained. The purpose of mediation is to facilitate open and reasonable settlement discussions by all of the parties. Mediators are often attorneys or former judges. The role of the mediator is not to decide the merits or value of your case. The mediator is there simply to help the parties settle the lawsuit.

In Florida, all interested parties are required to attend mediation including, but not necessarily limited to: the plaintiff, the defendant, their respective counsel, corporate representatives of business defendants, representatives of insurance companies with full settlement authority and any other individual or entity who has an interest in the outcome of the claim. Any party who is required to attend and fails to do so is subject to sanctions by the Court.

The mediator normally opens the conference by introducing himself and the parties, outlining his qualifications and describing the process. The lawyers for the parties then have an opportunity to present a brief statement outlining the circumstances surrounding the incident giving rise to the lawsuit, damages and the evidence. Next, the mediator will meet privately with each side. These private meetings will normally result in a settlement offer by the defendants or a settlement demand by the plaintiff. The offer or demand is then submitted to the other party for consideration. The offer or demand may be accepted, rejected or countered. Further negotiations will then normally occur between the parties. Mediations are usually scheduled for a minimum of three to four hours but can last much longer.

Mediation is an excellent tool in settling personal injury lawsuits. The most attractive aspect of mediation is that it eliminates the uncertainty of proceeding to a jury verdict. That being said, if the defendant or his insurance company presents a final offer which is inadequate, there is often no other choice but to proceed to trial.

Continue reading "What is Mediation?" »

A sunbather was run over on the beach near Lenox Avenue in Daytona Beach on Wednesday. As a result of the accident, the sunbather, Carole Dalton, suffered a broken leg which required surgery. The driver of the vehicle was John Dowling, a Volusia County Beach Patrol Officer.

If Mrs. Dalton pursues an action against Volusia County, her recovery may be limited to $100,000. With some exceptions, an individual who has been injured as the result of negligence by the State of Florida and/or its employees is limited to a recovery of $100,000 for each person and $200,000 for each incident. Normally, the governmental employee responsible for causing the injuries cannot be sued individually. In addition to the State of Florida, the caps also apply to:

1) the executive department;
2) the legislature;
3) the judicial branch including public defenders;
4) the independent establishments of the State;
5) counties;
6) cities; and
7) corporations acting as agencies of the state.

Florida Statute 768.28 does provide a mechanism for an injured person who has incurred damages from governmental negligence in excess of $100,000 to recover the full amount of his or her damages. A "claims bill" can be introduced by a member of the Florida Legislature seeking to fully compensate the injured party. If the bill passes both legislative bodies and is signed by the governor, the claimant/plaintiff may be fully compensated. It is important to note that successful claims bills are extremely rare.

In April, Governor Charlie Crist signed SB 2060 into law. The law increases the limits of liability for the State and its agencies under Florida Statute 768.28. The new caps, which apply to all claims accruing on or after October 1, 2011, will increase to $200,000 for any one person and $300,000 collectively arising out of the same incident or occurrence.

Continue reading "Your Recovery is Limited When Suing the Government" »

Everyone knows that if you are driving a motor vehicle and cause an accident and someone suffers injuries, you and/or your insurance company are responsible for compensating the injured person for his damages. What you may not know is that if someone else is driving a vehicle you own and injures someone, you are also responsible. In Florida, a motor vehicle is considered to be a "dangerous instrumentality". Florida Courts have long held that a person who authorizes and permits a motor vehicle to be used by another person is liable for any damages caused by the negligent operation by the driver. This is often referred to as the "dangerous instrumentality doctrine."

There are exceptions to the dangerous instrumentality doctrine. There are circumstances when a car is loaned to another and that person may be deemed to have breached the owner's trust, resulting in a theft. These circumstances are rare and often times difficult to prove. However, when an owner does not truly give his consent to operate his or her vehicle, the owner should not be held liable. The courts have generally held that the owner of a vehicle is not responsible for the actions of servicemen and repairmen when his vehicle is being serviced, tested or repaired. Finally, an owner may not be held for intentional misconduct by another driver unless that intentional misconduct was foreseeable.

Next time you loan your car to someone else, keep in mind that if they injure someone while on the road, you may be responsible for their actions.

Continue reading "You May Be Responsible For The Actions Of Others When You Loan Your Vehicle" »

A Volusia County man and his daughter were killed in a boating accident on May 31, 2010 in the Intracoastal Waterway just south of Ponce de Leon Inlet, in New Smyrna Beach. The father and daughter died after their motorboat was run over by a larger boat. The daughter was nine months pregnant at the time of the accident.
The accident occurred around 4 p.m. near the Coast Guard Station and a part of Smyrna Dunes Park known as "dog beach" in Ponce Deleon Inlet. The area where the accident occurred is extremely popular with recreational boaters. Six people were in the smaller boat and seven people were in the larger boat. The people in the boats knew each other and were friends. The wake of a third boat may have contributed to the accident.
In addition to the deceased, two or three other boaters suffered injuries and were taken to Bert Fish Medical Center in New Smyrna Beach. Wildlife commission investigators are working to determine how the accident occurred.

Continue reading "Three Killed in New Smyrna Beach Boating Accident" »