Our client injured his leg in an automobile crash. This is a recent settlement with more information soon...
Our client attempted to cross over a downed fence at a Homestead Florida flea market and fell, breaking his leg and requiring emergency surgery...
Client involved in a motor vehicle accident where she was struck by a dump truck who ran through a red light...
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If you have sustained an injury due to the negligence or recklessness of another individual, you are already going through an intensely stressful time in your life. Not only are you dealing with the physical and emotional trauma associated with any injury, you are facing the worry of lost wages, medical bills, physical therapy, and much more. At Fischer Redavid PLLC, our dedicated team takes every injury seriously, and we advocate on behalf of the injured to ensure that justice prevails. No one can change the past, but our Hollywood personal injury attorneys take great pride in doing everything we can to help you secure your future.
Our team of Hollywood personal injury lawyers understands the massive impact an injury of this nature can have on your life and the lives of your family. The associated costs, without the help you need, can follow you for the rest of your life.
Most personal injury cases share a common lifecycle. The specific type of case and needs of a client vary greatly, but the path to justice and the process for financial recovery are usually similar. At any given moment a personal injury case is one of three phases: Prelitigation, Litigation, or Post-Resolution.
This is where we will lay the foundation to build your case and explore the potential of resolving it without the need of filing a formal lawsuit. While you focus on getting the medical treatment you need to get better, we take steps to investigate and develop your case on issues of liability (who is at fault) and coverage (what insurance policies are available to recover from). At the right time we will then prepare a comprehensive “demand packet” to send to the at-fault party and their insurance company, which contains a formal settlement offer and supporting arguments and documentation. Depending on the case, this phase usually takes several months. If your case settles, it transitions to the Post-Resolution Phase. If it does not, it may transition to the Litigation Phase.
Quite often, insurance companies will not offer fair value to resolve cases in the Prelitigation phase. They do it on purpose and will come up with every excuse. (“We are still investigating the claim. We need additional records from you. We think you are at fault, not our insured. We do not think your injuries are as serious as you do. We think your medical bills are too high.”). What’s important to know is that you are in control of your case, not them. They are hoping you will be discouraged and either stop prosecuting your case or get frustrated and take the money they are dangling in front of you. Rather than give in, we usually recommend taking the next step, which is filing a formal lawsuit against the at-fault party they insure. That same insurance company has a duty to defend that person, and they will almost always hire them a lawyer and pay for the cost of defense. Once in litigation, a case may take anywhere from 4-6 months (on the short end) or 12-18 months (on the longer end) to resolve. It all depends. If they come to the table and make a fair settlement offer at any point during this phase, we will convey it to you and give our honest opinion. If you settle it should be for the right reasons not because you are fed up with the process. It’s important to be patient in litigation especially. Insurance companies will try to continually deny, delay, and not pay in hopes that you will run out of patience. The legal system has many advantages, buts sometimes, no matter how hard we push, the wheels of justice turn slower than we’d like. But we will never run out of patience with you or your case. We want to deliver the best result possible for you, which usually means going to trial, not the fastest one. Whether your case settles or you go to trial and prevail, it will transition to the Post-Resolution Phase.
There is a misconception that once a personal injury case resolves, whether by settlement agreement or a winning jury verdict, that the money becomes immediately available and disbursable. Simply put, that’s not true—not because lawyers want it that way, it’s just that there are final requirements that need to be addressed usually by law or rules of professional conduct. If your case settled, we need to draft and execute the settlement agreement itself, receive the funds, negotiate down and pay off any remaining medical bills or liens, and prepare a closing statement. If your case went to trial and you won, before we can receive any funds and complete the next steps we may have to defend against post-trial motions or appeals by the losing party. If your case settled, this process can be as little as 2-4 of weeks. If your case went to trial, it can be as long as a few months.