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Florida Personal Injury Accidents – Lawsuit Expert Advice

May 30, 2009

The following is an expert answer given by Florida Personal Injury Accidents Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Lawsuit Dilemma

Question: Hello,  My family has filed a personal injury lawsuit and are in some disagreement with our lawyer over the culpability on the part of some of the defendants involved.  He feels that it will be difficult to prove negligence with some of the defendants and he wants to settle with them, yet wants to continue suing the remaining defendants.  Our family does not agree, we do feel they are culpable. He is still continuing with the depositions, however we wonder if he is only half-heartedly representing us against those particular defendants and just wants a quick settlement with them.  When you are in this type of dilemma, what do you do?  Look for another attorney that that would be more in agreement with us, and probably be more zealous? I would be grateful for any input you can offer.

Answer: Your question is a difficult one to answer for several reasons.

Your post does not indicate where the case is pending.  I am an attorney specializing in Florida personal injury accidents and claims.  The laws in your jurisdiction may be different, so please seek the advice of an attorney in your area before making any important decisions about your case.  You also don’t give any facts surrounding your case.  In order to give you an informed and accurate answer to your question, an attorney would need to review the entire file – crash or incident reports, witness and party depositions, insurance information, discovery responses, and evidence related to the claim, as well as having a solid understanding of the laws affecting your claim, before giving you sound advice on whether to change attorneys.  The fact that your attorney doesn’t agree with you and your family doesn’t mean he is not pursuing the claim zealously, nor does it mean that other parties are responsible in the claim.  In 16 years of representing clients in Florida personal injury accidents and claims, I have had many clients disagree with me about whether a party is responsible and to what degree. However, you have to give your attorney some benefit of the doubt.  He/she is trained in the laws of your state, and presumably is an experienced personal injury attorney.  You also need to have complete confidence in who is representing you, and if you don’t, you should at least get a second opinion from another attorney.  Before seeking a second opinion, you should identify an attorney that truly specializes in the type claim you have. There are many attorneys out there that will accept a good personal injury claim, even though they do not specialize in such a claim, nor have any intention of seeing it through to completion.  In Florida, we have a Statement of Client’s Rights that requires an attorney to explain his training and qualifications to a prospective client before agreeing to handle a Florida personal injury accidents claim.  If you have doubts, it is best to get answers to your questions now before moving the case further toward trial, or releasing any of the defendants.  To qualify an attorney, you should ask how long the attorney has been handling personal injury claims, and what type claims he specializes in.  Some attorneys handle car accidents, but won’t handle slip and falls, work accidents or medical malpractice claims. Also, ask the attorney what his Martindale Hubbell ranking is.  You should look for an attorney with an AV ranking, which means he is recognized by his peers and by judges as preeminent in his field.  If your claim is in Florida, please give me a call should you have any further questions.  You can contact me toll free.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at jmmlaywers.com, or email him today.

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