Legal Question in Personal Injury in Florida

What is normal in a premisis law suit ?

I have been in a Premisis law suit now for over three years now and I still do not have a court date set. I have developed RSD in both my leggs and my Arm.

How long does a law suit take ? Should I get a second oppinion ? or change my attorney ? I have lost faith in him. He does not call or he never does what he says he is going to do with my case. I think he is dragging his feet. What can I do ? If I cahnge attorneys how much would I owe him ?

Thank you,

Totally frustrated


Asked on 10/05/06, 8:34 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: What is normal in a premisis law suit ?

If you have lost faith in your lawyer, you need to have a frank and honest conversation with him. Face to face is best. Make a list to discuss your problems so you can fully discuss them with him or her. If you can clear up your isasues, wonderful. If not, you should look for a lawyer with whom you will have confidence.

I assume ytou have your lawyer on a contingency contract. The general rule is that if you fire your lawyer and then make a recovery, you will owe the lawyer a fee for what he has done. The court determines what the fee is if the parties cannot agree. How much generally depends on what he has doe, the hours he has spent and a fair hourly rate. Many times the new layer and the old lawyer work that out among themselves.

To answer your other question. usually, it takes 18 - 24 months to get a case to trial. That can be a longer period if there are multiple defendants or particular complications. Sometimes a particular court can take longer. I have a case now in a county that is very backed up because of prior hurricane claims and it takes 3 - 4 years to get to trial.

Make an appointment with your lawyer and discuss your frustrations honestly.

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Answered on 10/05/06, 10:12 am
Philip DeBerard Accident Law Offices of Philip DeBerard

Re: What is normal in a premisis law suit ?

Thank you for contacting our firm. We recommend you set an appointment with your lawyer and get a timeline for your case. You can always change lawyers but this late into your case it might be wise to communicate better.

Good luck

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Answered on 10/11/06, 10:09 am


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