How long will it take to resolve my case?
This really depends on what kind of case you have, how seriously you are injured and who is being sued for your injuries. Some simple car accident cases can reach settlement in as little as four months. Some complex wrongful death cases can take years, with an investment on our part of hundreds of hours of work and tens or even hundreds of thousands of dollars. Many times, the more your case is worth, the more of a fight the person who is being sued will put up.
The short answer is no. Most cases are settled without having to file a lawsuit, or what we call, litigation. We sue defendants in court only when it is the only way to achieve a fair settlement, and we prepare our cases as though they are going to trial. But before going to trial, we will thoroughly explain all your options and help you make the best decision for you.
What is “mediation”?
Before allowing us to go to trial, the Courts in Florida will make both parties attend mediation. Mediation is an informal settlement conference, where you and one of our lawyers get together with the lawyer and defendant (or insurance adjuster) from the other side to try and reach a settlement. A mediator is a lawyer, hired by both sides (we each pay half the fees for the mediator) to try and help reach an agreement. The mediator is not a judge and does not have the authority to compel an agreement like an arbitrator. He or she is there to help the sides communicate and compromise. As the client, you don’t have to do anything except listen and decide if you want to settle. Many of our cases scheduled for trial settle at mediation.
If we settle, how much of the settlement will I get?
That really depends on how much your medical bills are and how much we had to spend to get the case settled. Once we have to file a lawsuit in court, our percentage of the total settlement goes up from 33.3 % to 40% of the total settlement. After that, our costs and your medical bills get paid from the rest of the settlement. Whatever is left is yours, and we try to make sure you know just how much you have coming to you before you agree to settle.
Will I be responsible for any costs if we lose at trial?
No. In personal injury matters, the Pendas Law Firm pays all the costs, including filing fees, experts, and discovery costs up front. If we successfully settle your case, or win at trial, we recover our costs out of the settlement or award from a jury. If we are not successful in either settling your case or winning at trial, you will not be responsible for any costs.
