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FAQs on Filing a Lawsuit in Florida

Our attorneys answer your questions

Deciding whether to file a lawsuit after a personal injury accident can be a confusing challenge. It's important that you have as much information as possible before making a decision. That's why we created this page focusing on some of the most frequently asked questions about filing a lawsuit in Florida. Attorneys at the Law Offices of Brent C. Miller, P.A. are proud to answer your questions on case law and our legal services. Contact us today for a free initial consultation at one of our four Central Florida offices.

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Common questions

How do I know if I have a legal claim?

If you have been harmed by another's negligence or if your rights have been violated, you may have a legal claim. We recommend that you contact our Florida law firm so that an attorney can go over your case with you. By evaluating your needs and applying relevant laws and policies to your case, we will be able to advise you on the appropriate steps to take.

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Does my case require the services of an attorney?

Most likely. You will find that a Florida attorney will be beneficial to you and the success of your case. With a lawyer, you will understand your rights and know what to expect during the legal process. You will also have a representative to advocate for you during private meetings and court proceedings. Ultimately, your case is more likely to win with an attorney.

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How much is my case worth?

We cannot predict with accuracy how much your case is worth. However, with the presence of strong evidence and documentary support, it is likely to win hundreds of thousands or even millions of dollars in settlements. At our Florida law firm, we have represented numerous individuals through difficult cases and have been successful in obtaining awards worth thousands and millions of dollars.

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What does it mean if I am charged a contingency fee?

Many attorneys operate on a contingency basis. A contingency fee is charged by a lawyer if, and only if, your case is successful. The attorney will collect the fees from your settlement. This is how contingency fees operate.

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If I lose, will I have to pay for my expenses on my own?

If you are represented by a lawyer at our law firm, you can trust that your case will be fought aggressively. However, if your case is unsuccessful, you (or your insurer) may have to pay for your expenses.

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Will I have to go to court?

It is possible that your case may be taken to trial. In most cases, we initially attempt to reach a settlement with the opposing party. If this does not work in your favor, then we will have to fight in court. Our attorneys have extensive courtroom experience at the local, state and federal level in Florida. We know how the legal system works and what it takes to get results.

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How do I know if I should file a lawsuit?

If you are considering filing a lawsuit, you should speak to an attorney. You will need to have a strong case, which is primarily based off of the strength of your evidence. A lawyer can aid in helping you reach the appropriate solution.

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How will statutes of limitations in Florida affect my case?

Statutes of limitations are laws that govern the timeframe in which you can pursue legal action. Most cases in Florida require a one- to four-year period to file a valid claim. If you wait until after the statute of limitations expires to take action, you will likely not be able to file a lawsuit or demand the compensation you rightfully deserve.

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Do statutes of limitations vary in Florida?

Yes. There are statutes of limitations for all legal matters in Florida, ranging from personal injury cases to auto accident cases. Most of the statutes have different requirements. Don't wait too long to take legal action. Make sure you meet all the critical deadlines concerning your case. Talk to an attorney at our law firm.

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Are there any benefits to settling out of court?

Yes. In fact, in most cases, the goal is to avoid going to court at all. The truth is that court proceedings are lengthy, expensive, public and intense. Settling out of court allows for a simpler and private process. You will pay less money and you are more likely to conclude your case with a healthy (or at least cordial) relationship with the opposing party.

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What type of damages can I recover in a personal injury lawsuit?

"Damages" is a legal term that refers to financial compensation obtained as part of a personal injury settlement or verdict. Some of the most common damage injury victims and their families are eligible to receive include:

  • Pain and suffering
  • Decline in the quality of life (including loss of support, guidance and companionship)
  • Medical expenses and other fees related to your injury
  • Permanent disabilities
  • Unemployment

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Is it possible to recover attorney fees?

It is unlikely, but it is possible. If your case is successful, you will likely receive a large settlement that will enable you to pay attorney fees on your own (plus pay for all of the damages that you have experienced). If you want to recover attorney fees, you may have to enter into an explicit contract with the opposing party that specifies their responsibility for your legal fees.

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How does the process of arbitration work?

Arbitration is a private and alternative approach to dispute resolution. It allows opposing parties to discuss their issues and requests with an arbitrator, who then makes a final decision based on the information that is presented by the parties involved.

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What is litigation?

Litigation is the process of enforcing or defending a legal right. Although litigation is commonly employed during court proceedings, it also includes the actual process of pursuing legal action, such as filing a claim or lawsuit.

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How does the collaborative law process work?

Collaborative law is a new method that is commonly applied in family and divorce cases. It allows opposing parties to reach agreements by working together (often through processes such as mediation).

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Can an attorney settle my case without my permission?

No. Your attorney must obtain your consent on all significant matters regarding your case. And at our law firm, we will always consult with you before making any major decision involving your case.

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How will I pay for your legal services?

Speak to one of our attorneys to discover how payment works. Most cases operate on a contingency basis, which means that you are only required to provide payment from your settlement award if your case wins. If your case is unsuccessful, you are not responsible for paying us.

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What type of attorney fees are involved?

Basic office fees such as mailing and printing crucial documents, an attorney's time on your case, and the type of work that your case requires are typical attorney fees.

If you have any other general questions or concerns about your case or how our law firm operates, do not hesitate to give us a call.

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205 E Burleigh Blvd Tavares, FL 32778
Phone: (352) 343-7400
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508 W Main St #101 Inverness, FL 34450
Phone: (352) 637-3900
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8564 Co Rd 466 #204A
The Villages, FL 32162
Phone: (352) 753-2833
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Phone: (352) 394-1312