Frequently Asked Questions

• Many personal injury lawyers who advertise talk about fighting for my rights. What does this really mean?
• When signing a contract, why do I need a lawyer?
• What is your approach to Family Law issues?
• Isn't a lawyer supposed to fight for me?
• What about appeals?
• Why are employment law issues such a hot topic?
• When litigation is necessary, what kind of approach is appropriate?
• How much contact should I have with my lawyer?

In Florida, a "no fault" system has been established. Ideally, this means that you are entitled by law to receive Personal Injury Protection (PIP) benefits through your own insurer. These benefits include the right to receive reimbursement for a percentage of legitimate medical expenses and lost wages. Unfortunately, because most abuses are by individuals, unscrupulous doctors, and by insurance companies themselves, the legislature has created ways to permit your insurer to deny you those rights almost summarily. If you are injured in an automobile accident, you need to contact a competent attorney who will work with your PIP carrier from the beginning to try to ensure you are protected. Beyond that, the only "right" you have is the right to sue whoever caused your injuries for damages.

More often than not, contracts drafted for the public at large are "boilerplate" documents that can stack the deck against you if there is a breach. For a few hundred dollars, and sometimes even less, you might save thousands by taking an "ounce of prevention."

Increasingly, studies have shown that those who suffer most from divorce are innocent children. More often than not, these cases are replete with psychological and economic issues that can be overwhelming, and which can cloud your good judgment, just when you need it the most. To combat this, the best approach is a holistic one. Psychological counseling, financial analysis by professionals outside the legal arena, combined with intelligent use of mediation can often defuse many issues and lead to amicable resolutions. This is because no matter what the outcome is, no one in a family going through a divorce ever wins. The truth is, everyone loses.

Long, drawn-out court battles may be reasonable and necessary where unusual issues or large amounts of money are at stake, but otherwise the only "winners" are the attorneys.

Yes and No. Your lawyer is bound to advocate zealously your interests, and such advocacy, which comes at a price, is often necessary. That said, not every injustice requires a case, and not every wrong can be righted by the system. A good lawyer should never be a cheerleader. He or she should carefully screen your case and analyze your chances. Remember, if your own lawyer can back you into a corner by doing some mock cross examination, just think what the other side will do!

Judges and juries are human, and sometimes mistakes are made at a trial. Sometimes new issues never before tried will arise, and require appellate review. If you or your lawyer feels you have not received justice, you should consider taking an appeal. There are very strict time limits imposed in appellate law, and you need to consult with your attorney about them. If you file an appeal late, you will have no chance to be heard.

As our workplaces have changed and become more diverse, the use of the Federal and State laws relating to discrimination, reasonable accommodation and realization have resulted in a good deal of litigation. By and large, most of these laws, when analyzed, require little more than plain common sense. Still, employers need to have an idea about the "dos and don'ts" of the workplace, just as employees need to be aware of the difference between non-justifiable issues that arise in any workplace, and violations of the law which no one has to endure. Again, consultation with a lawyer before there is a problem, or when you think a problem might exist, can save you time, money and aggravation.

First, you and your lawyer need to sit down and make a litigation plan. There is no case which cannot be milked to death, just as there is no case that does not require careful and precise preparation. No two cases are exactly alike, and it is important to have an idea what you are in for as things progress. By and large, a plaintiff should have his or her case pretty much together before the case is filed, and accordingly should be pushing hard to get the defendant into the courtroom as quickly as possible. A defendant will usually want to go slower in order to understand what the plaintiff is going to do, and be prepared for any eventuality.

Lawyers are bound to keep you informed of every development in your case, good or bad. You have the right to attend all hearings, depositions or other proceedings, but you may or may not wish to. It is important that you and your lawyer are available to one another in a way that keeps everyone's comfort level high. One of the best ways to communicate is by email. This form of communication allows the lawyer and the client to communicate frequently and avoid "phone tag" problems. If your lawyer is in the middle of another matter and you need to call, he or she may either not take the call, or not give you the complete answer you need. Email eliminates this problem because your lawyer can answer each letter quickly and will have whatever information he or she needs near at hand. Also, this is cheaper and faster than conventional mail, and if you have a printer you can get everything in writing.

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