Legal Question in Personal Injury in Florida

RE: Defendant's attorney charging Plaintiff for Motion to Tax Costs

Can an defense atty charge a Plaintiff for Atty's Costs if the case was dismissed for lack of prosecution? If so what costs are allowable?

We, the Plaintiff's, filed a Complaint w/an atty 7 years ago due to an auto accident wherein we were hit from behind by an old man. He was ticketed. My atty was all gun ho and sued for $500k. My husband's claim was settled long ago. I found out I have 8% impairment due to 2 nerves being damaged in my stomach from the seatbelt. I have a ltr from an expert stating such. Opposing counsel changed hands and went from an unaggressive female atty to a very aggressive, nasty male atty and my atty then got cold feet and backed down. At Mediation, he tried to force us to settle for a nominal amt & claimed that if we didn't settle he would drop us as clients. We couldn't settle as it wasn't lucrative for us. He dropped us. I tried to find another atty but there was such a large lien on the file & my case was so prejudiced by this other atty that we had that no one would take my case. We let it get dismissed for lack of prosecution. Never b/c we didn't feel we that we had a legit claim. Now, the Defense atty is trying to charge me $4k for costs. I have lost enough. Can he do this to me?


Asked on 12/21/06, 6:33 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: RE: Defendant's attorney charging Plaintiff for Motion to Tax Costs

probably not -- but it does depend on the facts. One thing is sure (and you will hate to hear this) -- if you don't show up at the hearing, the motion will probably be granted, so do not just ignore it. You need to get counsel to attend the hearing and be able to argue against the motion. Do not delay. Perhaps a phone call from a lawyer to the opposing counsel will fix it, but if more is required, you will need representation at the hearing.

Good luck.

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Answered on 12/21/06, 6:48 pm


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