Frequently-Asked Questions & the Answers to Them

This is one of the harder questions for a plaintiff’s attorney to answer. A case’s worth is based on five areas, assuming that the liability issue is straightforward. Those areas include:

• Past Medical Bills
• Future Medical Bills
• Past Lost Wages
• Loss of Earning Capacity in the Future
• Pain and Suffering

There is no blueprint for determining a case’s value; it is really based on evidence such as whether there are discrepancies in the testimony, medical records, or other pieces that may detract from the integrity of the injured party’s case. However, based on our experience with past cases in Florida, we can estimate the value of the case once the attorney has gathered all medical records and statements and has an idea if the client’s physical and mental state has improved or worsened from the date of injury.

Even if a client is involved in an accident that was caused by another person, we can still file a claim for personal injury protection benefits, or PIP. This is what is known as “no-fault” insurance, and by law, it requires the insurance company to pay 80 percent of a person’s medical bills and 60 percent of their lost wages up to $10,000, regardless of whether they are to blame.

A situation like this can also arise if the person responsible for the accident is uninsured or underinsured. Then, as long as you’ve paid your insurance premium for this particular coverage, you will have no trouble making a claim. It wouldn’t make sense to pay extra for coverage like this if it isn't there for you when you need it most.

In the instance where the person who caused the accident does not have insurance or their insurance is inadequate to compensate our client for their injuries, we utilize our client's uninsured motorist coverage to compensate to fill the gap.

This really depends on the intricacies of the case. For example, we absolutely want to avoid resolving a case while the client is still recovering or does not have a handle on the future of their medical condition. It is every attorney’s fear to allow a client to sign a release and discover shortly after that they require more surgery or that the medical bills are still piling up. 

This is one of the most challenging questions our lawyers face on a daily basis. In most cases, insurance agents will provide a potential consumer with a quote for the type of coverage they request. Receiving full coverage in an auto negligence case would allow for injury recovery, PIP or no-fault, payment for medical services, and underinsured or uninsured driver coverage. Whether the consumer is at fault or not, PIP coverage is still applicable, and the medical payment benefits can make up the difference not covered under PIP. Uninsured or underinsured coverage is probably the most significant benefit because if you are injured in an accident with someone who has little to no coverage, you will be appropriately compensated by your own provider. Our clients often find themselves out of luck when they realize that even though they have “full coverage,” it does not necessarily mean underinsured or uninsured is included.

When you’ve concluded your treatment of an injury with a doctor, we request a final narrative. At this time, the physician has determined that the patient has reached MMI, or maximum medical improvement. This means that the patient has reached a point where they are as healthy as they can be; they may not be in the condition that they were prior to the accident, but their health has stabilized. If that is the case, a doctor may assign the patient a permanent impairment rating according to American Medical Association guidelines. Although it is not necessary to have it available during courtroom proceedings, car insurance companies may want access to the permanent impairment rating as part of their case evaluation.

At the Pansler Law Firm, we abide by the Contingency Fee Contract, which is approved by the Florida Bar. In terms of fees, the Contingency Fee Contract allows for 33.3 percent recovery before the plaintiff files a lawsuit and the defendant files a response. After that, the fee is 40 percent. For the most part, we can keep costs low throughout the pre-suit and early litigation stages. Once the case reaches trial, costs can get out of hand. We do not do this on purpose; in fact, when an insurance company targets the consumer, it is inevitable that costs become unbridled. Our firm has the resources to go toe to toe with major insurance companies, but if the client wins the case, then they must pay us according to Florida law.

The act of filing legal papers at the courthouse is called filing suit. The client gives the authorization to file suit after all other options have been exhausted during pre-suit. Over the last decade, the insurance industry has stepped up its aggressive defense of these cases, and the number of clients we are undertaking is steadily increasing.

When a case is filed with the court, it does not necessarily mean you will be accompanying your lawyer to court. Most cases can be rectified before trials begin, but some still make it through. Since we have such a history with cases of this sort, we can provide the client with the education essential to making wise decisions. Despite the large number of cases we take on, we are extremely proud of the number of them in which we are victorious and able to satisfy the client, rewarding them with what they deserve.

Prior to filing a medical malpractice action, our firm must gather all pertinent medical records and have them reviewed by a qualified medical expert. If the expert believes that medical negligence occurred, then a Notice of Intent is prepared outlining the negligence and damage issues in the case. An affidavit from the expert is attached to this Notice of Intent. The defense then has 90 days to investigate the claim. Both sides are permitted to take unsworn statements and obtain information concerning the case. At the conclusion of 90 days, the defense can either settle the case, offer to admit liability and proceed to arbitration on damages, or deny the claim. The vast majority of cases are denied. Then a lawsuit is filed.

Medical malpractice cases are expensive to litigate. The costs are usually fronted by our firm. It typically costs between $40,000.00 and $75,000.00 to litigate these cases.

In order to prevail in a medical malpractice action, the plaintiff must prove that the doctor or other health care provider was negligent. A bad outcome in a surgical procedure does not necessarily mean that the doctor was negligent.

Mediation is a settlement conference that takes place prior to a case proceeding to trial. Each side appears with their lawyer and before a person known as a mediator. A mediator is often a retired judge or a lawyer practicing in the community. Both sides present their cases to the mediator. All information contained in the mediation conference is confidential and cannot be used in the trial. If the parties are unable to settle the case during the mediation, the case may go to trial but, many times, it will settle between mediation and trial.

We are unable to take every case involving medical negligence. These cases are very expensive to handle, and often the costs of litigating the case will be more than the damage caused by the negligence.

The majority of medical negligence cases are settled. However, it is important that your lawyer have a proven record of trying cases, since the insurance companies will not settle the cases favorably if they do not believe your lawyer will try a lawsuit.

You only pay us if we win. You only become responsible for costs if we win the case.

Our law firm only represents injured persons. We do not represent any doctors or hospitals in medical negligence actions.