Legal Question in Personal Injury in Florida

Re: Rear Ended and Sandwiched with Permanant Injuries

The value of your case depends on many factors outside the control of the attorney like whether you make a good witness, other witnesses' testimony, doctor's opinions, jury decision and, of course, the extent of your injuries. Based on the information you provided, your case is worth in excess of $100,000, but there's no guaranty.

You can terminate your lawyer, but try to communicate with him/her before you do. Just because your lawyer is not communicating frequently or returning your calls as quickly as you would like, does not mean that the lawyer is mishandling your file. If you discharge your lawyer, your lawyer has a right to file a charging lien on the file for the work and costs incurred on the file. Let your lawyer know that you're not happy and try to resolve the problem amicably before pulling the file. Don't forget that the lawyer works for you. You are the client. Good luck.

Re: Rear Ended and Sandwiched with Permanant Injuries

Assuming that at least one of the tortfeasors either has deep pockets, or high insurance limits, then you probably can anticpate a significant recovery. As a major factor in estimating the value of a case is the demeanor and personality of the plaintiff, it would be improper for anyone to give you a specific estimate of this case's value over the internet. However, your damages, and the tortfeasors' apparent level of negligence, both favor a large recovery.

You can fire your attorney. He will probably file a lien on any recovery. Before discharging your present attorney, I suggest that you schedule a formal in-office consultation with another attorney.

As for the potential product liability case, depending on your case's specifics, it may be worth pursuing, but that is beyond the scope of an internet consultation.

Good Luck.-Elliot Goldstein (attorney with offices in Tampa & St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

Re: Rear Ended and Sandwiched with Permanant Injuries

The value of the case depends on many factors, including the nature of the injury, future medicals, lost wages and other items. You can always hire a new attorney, however, there will be a lein on the file. This will not effect you directly. Please feel free to contact me with other questions.

Re: Rear Ended and Sandwiched with Permanant Injuries

Let's go over your medical problems first: you did not say whether or not you are under the care of a orthopedic physican and a neurologist. You should have both. Second, chiropractic care will give you pain relief but please remember it is not a "cure" I have a similiar injury from 1985 that left me with a permanent "hump" in my neck. Not one doctor mentioned this would happen. I would look out for this especially with ligament damage.

About the award of damages: it depends upon how much insurance the car that hit you from behind had as well as how much uninsured motorist coverage you have. In Florida this is the basis for the award amount because its very hard to collect a judgement. If you were hit be a commercial vehicle, your award could be quite satisfactory.

About the attorney: yes, you can fire him or her and represent yourself. I would suggest, however, that you interview a few attorneys until you find one you can work with. The new attorney will do the paperwork in transferring to the new attorney. Your injuries are far too serious to be representing yourself especially with the amount of pain you are in. A good attorney can see you get the maximum amount for your injury-it's really worth the money to have an attorney you can work with.

I, for example, answer my own phone and I know what it is like to have such a serious injury. I am in the Tampa Bay area.

Mary Halpin

727-822-5973

Re: Rear Ended and Sandwiched with Permanant Injuries

The award amount is hard to determine...only a jury can say but my office would value a 2 herniated discs case (surgical) always in excess of $100,000.00...the demand could be more or less depending on your specifics. Also, Ford could be liable. If you want to switch attorneys normally your current attorney could get a lien on your case for the amount of work done. Final fee comes out of settlement, if any, and is normally negotiated between attorneys. Good luck before switching attorneys try to talk with him again.