Legal Question in Personal Injury in Florida

partially disabled on collapseing docks in florida

my friend was partially disabled when a dock steps gave way. an attorny took case recently but we feel railroaded him. the partially disabled man is unable to read and was told he would get 70% of settlement. he wanted change of venue because of problems hes had with judges in this town. his attorney said no and before case even got trial started settled it without injury victim agreeing. now he wants to pay this man 30% and attorney keep 70%.

is there any law in florida as to how much attorneys can take contingent?

if he hasnt signed settlement paperwork can case be re opened with a real attorney?

this attorney didnt even call in wittnesses?

never read paperwork he was signing to him knowing he was illeritate.

help


Asked on 8/01/08, 5:45 pm

3 Answers from Attorneys

Eric C. Padron Eric C. Padron, P.A.

Re: partially disabled on collapseing docks in florida

Fees are capped at 40% after a lawsuit has been filed plus expenses. It sounds like your friend is being taken advantage of. Please call me at 305.461.0095 in order to discuss your friend's case. Good luck.

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Answered on 8/01/08, 6:01 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: partially disabled on collapseing docks in florida

An attorney may not settle a case without the consent of the client. Your friend needs to contact an attorney to discuss what happened and if there is a way to remedy this mess.

There are regulations regarding the fees that a lawyer can charge.

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Answered on 8/04/08, 12:03 pm
Michael Tobin Michael M. Tobin, P.A.

Re: partially disabled on collapseing docks in florida

In 1986 the Florida Supreme Court issued rules of professional conduct of contingency cases capping fees at 40% thru trial including furnishing clients with "Statement of Clients Rights". Any settlement requires client consent and approval of Settlement Statement. If he is illiterate he should consult another attorney to verify proper treatment.

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Answered on 8/02/08, 1:32 pm


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