This article describes some common questions that you may have when you have to contact a lawyer for an injury that occurred in an automobile accident or due to a dangerous condition on someone's property or even a dangerous and defective product. There are even more answers to clients' frequently asked questions in the "FAQ" section of our web site. If you cannot find the answer to one of your questions, always feel free to call or email Carroll & Carroll, P.C. We're here to help. This article describes some common questions that you may have when you have to contact a lawyer for an injury that occurred in an automobile accident or due to a dangerous condition on someone's property or even a dangerous and defective product. There are even more answers to clients' frequently asked questions in the "FAQ" section of our web site. If you cannot find the answer to one of your questions, always feel free to call or email Carroll & Carroll, P.C. We're here to help.
Personal Injury
Premises Liability: The Slip and Fall
Workers' Compensation
Vehicle and Automobile Accidents
Attorney
Staff

Common Questions About the Legal Process

How Long Will My Case Take?

New clients regularly expressed the concern whether their case will take years to resolve. This misconception comes from cases in the news would have taken many years. However, for the most part, it remains a myth.

Let's look at some of the factors which will influence how long a case will take. The first is the seriousness of the injury and how long it takes to complete required medical care and rehabilitation. As discussed earlier, no lawyer can put a value on an injury claim until the medical treatment has been completed and it is known whether the injured client fully recovered or will require future treatment. Some clients complete treatment in months. However, the most seriously injured may require years of medical care. This is one of the most significant factors influencing how long a case will require.

Once a client's medical treatment has been completed, the lawyer and client must decide whether to attempt to settle the case or to file a lawsuit without settlement negotiations. Where settlement is pursued without a lawsuit, cases can be resolved in a matter of months depending on a variety of factors. The chief factor determining the success or settlement negotiations is the amount the injured party will except in compensation, and the amount the defendant will pay. No settlement occurs unless and until those figures converge.

The second factor influencing how long cases require is whether the case involves litigation in which a lawsuit is filed. In most jurisdictions, when a lawsuit is filed even routine auto accident claims require a minimum of six to nine months in order to complete the required discovery process and the get the case to a mediation conference. The vast majority of lawsuits in Florida do settle at a mediation conference or shortly thereafter. If the case does not settle at mediation and must be scheduled for trial, it may easily take an additional six months or longer, depending on how long is required to get on the judge's trial docket. More complicated cases do require more time, especially when multiple defendants have been sued and are represented by separate lawyers. Coordinating the calendars of multiple lawyers requires more time to complete the litigation steps necessary to get the case set for trial

Many wrongful death cases involving fatal accidents can be settled more quickly, some without a lawsuit. When the deceased died during or shortly after the accident, there is no waiting period for medical treatment and rehabilitation to be completed. Obviously, death claims have enormous value. In cases in which there is sufficient insurance to fully compensate the survivors, litigation may be necessary in order to obtain fair and reasonable compensation. The decision of whether to file a lawsuit, or settle without a lawsuit, is always made by the client. Clients always retain the ultimate decision-making authority on this issue.

Some cases not involving serious medical conditions, such as surgery, may be settled within a year of the date of the accident when no lawsuit is necessary. However, there are a great many factors which influence the time required. I encourage clients with concerns about how long their case may take to frankly discuss those concerns. Many times it may actually shorten the process of resolving a claim by filing suit prior to the time the client actually reaches the completion of their medical treatment. That may allow the case to be worked up for mediation shortly after the completion of the require treatment. Each case is different. We routinely explore with clients the options available to shorten the time required to resolve their case.

Will my case go to court?

Most clients walking into a lawyer's office wants nothing to do with having their case go to trial. Many expressed the fear that once they are a lawyer, that will lose control of their case. I emphasize with clients that they will remain in charge of whether they case settles for whether it will go in the litigation by the filing of a lawsuit. My role as a lawyer is to give them advice and guide them in the choices available to resolve their case in a way consistent with their goals. Very few clients come into a lawyer's office wanting to file suit and go to the litigation process. That being so, why do cases end up in suit?

The strongest cases have the following:

1.Clear liability, for the other party clearly at fault;

2.No comparative fault, meaning there was no argument that you were also responsible for the accident;

3.Clear causation in which the medical evidence clearly shows the injury resulted from the accident with no pre-existing similar injury or condition;

4.Significant damages from serious injury or death;

5.Insurance coverage adequate to pay all damages provable.

Insurance companies are most anxious to settle the strongest cases, fearing a runaway jury verdict if it does not settle. Most cases, however, do not have each of these strong elements. Cases which are not as clear-cut either have questions of liability, in which the defendant argues. They are not liable for the accident, or issues of causation or damages in which they argue that the accident did not cause all of the injury or damages to the injured party. Such issues affect how much insurance company will pay to settle the case. Again, this boils down to the plaintiff arguing their case is worth more than the defendant says they are willing to pay. When the two sides cannot agree, after settlement negotiations have been completed, the plaintiff can either accept what the defendant is offering or reject the defendants offer in filed their lawsuit.

What Is Mediation?

Mediation is a process, which is used to attempt to bring opposing parties to reach an amicable agreement to settle their differences. It is used in all types of civil cases, including personal injury and dissolution of marriage. In injury cases it is sometimes employed before lawsuit is filed (lawyers refer to this as "pre-suit mediation"). Our focus is on mediation conducted after lawsuit has been filed. It is used in virtually all injury cases prior to trial.

Mediation is generally arranged voluntarily between the parties, but maybe court ordered as well. In many Florida jurisdictions, judges will not assign a trial date for a case until it has been unsuccessfully mediated. That is because nearly 70% of cases which are mediated after lawsuit has been filed will result in a settlement agreement being reached. Clinic called personal injury case in Florida, once a lawsuit has been filed, the parties will conduct discovery in order to learn the facts of each party's case. Depositions of witnesses are taken and suborned interrogatories and documents are exchanged. Once the parties feel they understand each other's position sufficiently, they will mutually agreed to conduct a voluntary mediation, one in which the Court has not ordered it to be conducted. In those instances in which the parties cannot agree to sit mediation, the court will order it.

Involuntary mediations, the lawyers for each party confer and reach an agreement on a mediator and date and place to meet many mediators have offices designed to conduct mediation with sufficient conference rooms. Otherwise, it may be held in one of the lawyer's offices or at some other agreed-upon location, such as a court reporter's office. The mediator is a lawyer or former judge who has completed a specific course of study in the mediation process in order to become certified by the court to conduct mediations. There are hundreds of names to choose from in most jurisdictions. In reality, most lawyers normally operate off a "short list" of a dozen or so mediators with them. They are confident will conduct meaningful and productive mediations. Additionally, the lawyers strive to find a mediator they believe has the personality, background and skills to be effective for that particular case. In those rare instances where the parties are unable to agree, the court may order the mediation and designate the mediator.

The role of the mediator is to facilitate a meaningful compromise of each party's position so that they can agree to settle the case. In order to accomplish that goal, each side provides the mediator with a written summary of their view of the case. At the beginning of the mediation conference, each party orally presented their arguments during the joint open session. The parties and their lawyers retire into separate conference rooms for the duration of the process. The mediator meets separately with each and conveys the positions being taken by the opposing party. Based upon the evidence discussed, the mediator suggests to the injured party why they need to consider reducing what they will accept to settle the case. Likewise, the mediator suggests to the defendant arguments why they need to consider increasing what they are willing to pay.

Attorney James W. Dodson is a Clearwater, Florida personal injury trial lawyer with over 20 years experience representing clients in all types of injury claims including vehicle accidents, fall cases and wrongful death. He is the author of three books offered FREE to consumers as a guide to dealing with accidents and insurance. Visit his website at JWDodsonLaw.com for FREE copies of these books, other articles, videos, news and commentary.
©2009 Carroll & Carroll, P.C., All Rights Reserved, Reproduced with Permission
The Best in Website Design for Attorneys, Attorney Web Blogs That Work, Attorney Search Engine Optimization, Optimized Video Services for Lawyers and Update Your Website Yourself
by Foster Web Marketing - The Best Attorney Website Design & Hosting Firm
Get SEO Tips from The Attorney Internet Marketing Blog