Q: I think I should handle my case myself. Should I?

A: Legler & Flynn Attorneys at Law offer a free consultation. So you have nothing to lose by talking to us. The law is very complicated and to try to proceed with your case without a lawyer could cost you thousands. An attorney should be consulted if you have been seriously injured.

Q: How do I decide if I need to hire an Attorney?

A: There are situations where an attorney is unnecessary, such as very small cases. Small Claims Court in Florida will handle claims up to $5,000. If your injury is a minor one that will not result in any incapacity, or substantial medical care, then you may want to settle it yourself in small claims court. However, sometimes these cases can get quite complicated. In such cases, an attorney will have the legal expertise, time and resources to effectively handle your claim. An experienced personal injury attorney will be able to accurately analyze the value of your case and will be able to meet all of the rules, requirements and deadlines that have to be met.
*Note: Statistics show insurance companies pay more compensation when an attorney is involved in your claim.

Q: Is there a minimum personal injury settlement amount?

A: No, there is no minimum or maximum settlement amount. The amount of a settlement in a personal injury case depends on many different factors, including:

* The nature and extent of the injury
* The amount of medical bills
* The amount of lost wages
* The amount of time the injury is expected to last
* How the injury affects activities of daily life

Q: How much will an attorney cost?

A: Most attorneys will take a case on a contingency basis, which means they will receive a percentage of your award if and when you recover for your injuries. The Florida Supreme Court and the Florida Bar have adopted a maximum fee schedule that attorneys are allowed to charge in contingency fee cases. The attorneys at Legler & Flynn do not collect any money up front. We recieve our fee only if and when we secure a recovery for you.

Q: How do I collect my personal injury award?

A: If the person against whom you have a personal injury claim has insurance, Legler & Flynn will secure the award directly from the insurance company. Legler & Flynn will then issue your damage award to you in the form of a check.



Q: Can I ask my lawyer for a copy of the personal injury settlement check?

A: Yes, and you should. As a client you have an absolute right to see a copy of the settlement check, as well as to review a copy of the settlement breakdown sheet before the check is deposited. Usually, the insurance company check has both your name and your attorney's name on it, so you would typically have to endorse the check before it could be placed in your lawyer's trust account. Ask your lawyer to provide you with a copy of the actual settlement check forwarded to him by the insurance company, as well as a copy of all checks written by him (which should total the full amount of the settlement).

Q: Can my lawyer settle my personal injury case without my consent?

A: No they may not. Your attorney must obtain your permission to settle any case you are involved in.

Q: Is an employer required under Florida law to carry workers' compensation insurance

A: A business that has four or more employees is generally required to carry workers' compensation insurance. However, an owner or operator may not be counted as an employee under certain circumstances. For example, officers and corporations are considered employees, while sole proprietors & partners are excluded as employees.

Q: How do I know if my work related injury occurred in the course and scope of employment?

A: The definition of "course and scope of employment" can be some what complicated. If you were on the job, or coming to or from a job related event then your ac cident occurred in the scope of your employment. If you are going to or coming home from work, then your accident would not be covered by workers' compensation.

Q: If there is no workers' compensation coverage, is the employer required to pay the medical expenses of an injured employee?

A: Unless the employer was required to carry workers' compensation coverage at the time the employee was injured and did not, the employer may eventually be required to pay for the injuried employee's medical expenses.

Q: If there is no workers' compensation coverage available to the employee, and the employee has private health insurance, must the private health insurance pay for his medical expenses?

A: Generally yes, unless there is some specific policy exclusion in the health insurance policy, exempting workers' compensation injuries covered or not covered by workers' compensation insurance.