Legal Question in Personal Injury in Florida

My Daughter and I had a car make an illegal u-turn in front of us in July last year while we were riding my motorcycle. After much thought and heartache I choose to hire a law firm for the both of us since the other driver did not carry insurance. I hired the same firm for the both of us.

My daughter has gotten her settlement from my insurance company and once the firm I hired for her took out their % of the settlement they handed it over to another law firm which I did not hire nor say I wanted. I do understand that any amount over $15,000 paid to a minor has to be approved by the courts here in FL. This new law firm has since hire a settlement company who wants $13,419 in fees and other cost.

I wanted to ask what rights we have for my child too not use this new law firm and/or this settlement company. I also wanted to ask can I develop an account which will belong to my child and will not pay out any moneys until she has completed collage. I am upset that the original law firm I hired for us has gotten their peace of the pie and now wants to hand this off for others to take even more of the money that my child should receive. She is the one who had gotten hurt and should not be short changed due to others being greedy and me not knowing all the laws in this matter.

Thank you for your time.


Asked on 9/01/10, 5:31 am

2 Answers from Attorneys
Michael Tobin Michael M. Tobin, P.A.

You have the right to refuse representation for any "new law firm".

It sounds like the problem is because of a subogation claim against your daughters settlement proceeds. Law firms have sprouted up claiming expetise in handling the subrogation issue and the Florida Bar has recently adressed ths problem. You should contact the Florida Bar and obtain the new guidlines. I personnally believe the combined fees should not exceed the allowable 40% limitation. I also believe settlement of the c;laim should include negotiation of the subrogation claim and not an afterthought. There are a number of good reasons to bring in lawyers that specialize in defeating or reducing subrogation claims. This should be explained to you and not be a surprise..

You\ do need to schedule an appointment with the first law firm to explain the handling of both cases to your satisfaction and consider a second opinion if you continue to have doubts.

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Answered on 9/07/10, 9:03 am
David Slater David P. Slater, Esq.

Representing both you and your daughter was a conflict of interest since the law firm was also making a claim against you. You should not be paying two law firms two different fees for your daughter's settlement. The court determines where a minor's settlement is to be invested, but only to age 18.

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Answered on 9/07/10, 11:05 am


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