FAQ and RADIO ARCHIVES
Below are some frequently asked questions (FAQs) for personal injury cases and mediations. I also have the pleasure of being on the radio periodically as part of my membership in the Jacksonville Christian Lawyer Directory. Below are the edited audio files from those radio program appearances.
- Personal Injury FAQs
- Mediation FAQs
- Radio Program Archives
Personal Injury FAQs
PERSONAL INJURY AND WRONGFUL DEATH: HOW IS A PERSONAL INJURY LAWYER PAID?
Most legal services are paid for on an hourly fee basis via monthly invoices. By contrast, personal injury services are paid for via a "contingency fee", calculated as a percentage of the recovery made in the claim. If that "contingency" does not occur - if the claim is unsuccessful and no recovery is made - then the client pays the attorney nothing. The Florida Bar, which governs all Florida attorneys, has determined what percentages an attorney can charge for a contingency fee.
PERSONAL INJURY AND WRONGFUL DEATH: WHAT IS THE USUAL CONSULTATION FEE?
Zero dollars. Because injury attorneys get paid via a contingency fee, they have no reason or basis to charge a prospective client for the initial consultation.
PERSONAL INJURY AND WRONGFUL DEATH: WHAT IS "NO FAULT" AUTOMOBILE COVERAGE?
In the early 1970s, Florida enacted a "no fault" system of laws that applies to car insurance and car crash injury claims. This law requires each vehicle owner to purchase a certain minimum insurance coverage, including Personal Injury Protection ("PIP", also commonly called "no fault"). PIP coverage provides medical and disability benefits to an injured vehicle occupant, even if they were at fault for causing the crash or their injuries from the crash. However, the "no fault" system is one of give-and-take. In exchange for providing injury victims with insurance benefits that did not otherwise exist, Florida's "no fault" system took away certain rights and claims that injury victims used to have.
PERSONAL INJURY AND WRONGFUL DEATH: WHAT DOES "NO FAULT" AUTOMOBILE COVERAGE PAY?
Personal Injury Protection ("PIP", also commonly called "no fault") insurance coverage pays medical bills at 80% and wage losses at 60%, until its coverage limit has been exhausted. Thus, people with only PIP coverage will have unpaid medical bills and unreimbursed wage losses. These unpaid amounts are a part of the claim a car crash victim has against the insurance company for the faulty driver.
PERSONAL INJURY AND WRONGFUL DEATH: WHAT IS "MEDICAL PAYMENTS" COVERAGE, AND WHY WOULD I PAY MORE FOR THAT IF PIP PAYS MY MEDICAL BILLS?
As mentioned previously, Personal Injury Protection ("PIP", also called "no fault") coverage pays only 80% of the victim's the crash-related medical bills. For further protection, one can purchase Medical Payments ("MedPay") coverage, which provides additional funds for paying crash-related medical bills. A car insurance policy that has both PIP and MedPay coverage pays 100% of the medical bills up to the coverage limits. This extra coverage comes in handy when the victim is the faulty driver or when the faulty driver does not have liability insurance coverage to pay for the victim's losses.
PERSONAL INJURY AND WRONGFUL DEATH: HOW IS A PERSONAL INJURY LAWYER PAID?
Most legal services are paid for on an hourly fee basis via monthly invoices. By contrast, personal injury services are paid for via a "contingency fee", calculated as a percentage of the recovery made in the claim. If that "contingency" does not occur - if the claim is unsuccessful and no recovery is made - then the client pays the attorney nothing. The Florida Bar, which governs all Florida attorneys, has determined what percentages an attorney can charge for a contingency fee.
PERSONAL INJURY AND WRONGFUL DEATH: WHAT IS THE USUAL CONSULTATION FEE?
Zero dollars. Because injury attorneys get paid via a contingency fee, they have no reason or basis to charge a prospective client for the initial consultation.
PERSONAL INJURY AND WRONGFUL DEATH: WHAT IS "NO FAULT" AUTOMOBILE COVERAGE?
In the early 1970s, Florida enacted a "no fault" system of laws that applies to car insurance and car crash injury claims. This law requires each vehicle owner to purchase a certain minimum insurance coverage, including Personal Injury Protection ("PIP", also commonly called "no fault"). PIP coverage provides medical and disability benefits to an injured vehicle occupant, even if they were at fault for causing the crash or their injuries from the crash. However, the "no fault" system is one of give-and-take. In exchange for providing injury victims with insurance benefits that did not otherwise exist, Florida's "no fault" system took away certain rights and claims that injury victims used to have.
PERSONAL INJURY AND WRONGFUL DEATH: WHAT DOES "NO FAULT" AUTOMOBILE COVERAGE PAY?
Personal Injury Protection ("PIP", also commonly called "no fault") insurance coverage pays medical bills at 80% and wage losses at 60%, until its coverage limit has been exhausted. Thus, people with only PIP coverage will have unpaid medical bills and unreimbursed wage losses. These unpaid amounts are a part of the claim a car crash victim has against the insurance company for the faulty driver.
PERSONAL INJURY AND WRONGFUL DEATH: WHAT IS "MEDICAL PAYMENTS" COVERAGE, AND WHY WOULD I PAY MORE FOR THAT IF PIP PAYS MY MEDICAL BILLS?
As mentioned previously, Personal Injury Protection ("PIP", also called "no fault") coverage pays only 80% of the victim's the crash-related medical bills. For further protection, one can purchase Medical Payments ("MedPay") coverage, which provides additional funds for paying crash-related medical bills. A car insurance policy that has both PIP and MedPay coverage pays 100% of the medical bills up to the coverage limits. This extra coverage comes in handy when the victim is the faulty driver or when the faulty driver does not have liability insurance coverage to pay for the victim's losses.
Mediation FAQs
MEDIATION: WHAT IS MEDIATION?
Mediation is a process where a neutral person (the mediator) helps disputing parties explore their differences and see if they can settle the matter peacefully through compromise. While the mediator guides the dialogue and process, the parties make the ultimate decisions. By contrast, at trial the jury or judge decides the final result. Thus, while mediation is not the last chance the parties have to control the outcome, it is often the last best chance for them to do so, given the other factors that are unique to the mediation process.
MEDIATION: WHEN CAN A DISPUTE BE MEDIATED?
Initially, mediation was only used in litigation, when ordered by a judge. Not any more. Parties can agree to mediate their disagreements at any time, and many are seeing the wisdom in getting a mediator's assistance early in the dispute, before it escalates into a formal lawsuit. In Florida, the rules and laws regarding mediation apply whenever the mediation occurs – during, before or after litigation.
MEDIATION: WHY DOES IT WORK?
There are several aspects of mediation that “make it work” in resolving disputes – attendance, informality, confidentiality, and self-determination. First, the process of mediation requires every decision maker to be present, reducing the time it takes to communicate and the potential for miscommunication. Second, mediation is informal, not bound by rules of evidence or procedure that attach to lawsuits and trials. Third, mediation is a confidential process that allows parties to make admissions for purposes of exploring settlement that cannot be told to the judge, jury or others if the dispute does not resolve. Finally, and most importantly, the disputing parties determine the outcome of a mediation. The mediator provides a forum and process, lawyers advocate for their clients and give advice, but the parties decide whether or not to resolve their dispute.
While disputes can resolve before or after mediation, it is wise for a party to think of mediation as the “last best chance to resolve the matter”, given the confidentiality and informality that are unique to mediating a dispute.
MEDIATION: WHAT IS MEDIATION?
Mediation is a process where a neutral person (the mediator) helps disputing parties explore their differences and see if they can settle the matter peacefully through compromise. While the mediator guides the dialogue and process, the parties make the ultimate decisions. By contrast, at trial the jury or judge decides the final result. Thus, while mediation is not the last chance the parties have to control the outcome, it is often the last best chance for them to do so, given the other factors that are unique to the mediation process.
MEDIATION: WHEN CAN A DISPUTE BE MEDIATED?
Initially, mediation was only used in litigation, when ordered by a judge. Not any more. Parties can agree to mediate their disagreements at any time, and many are seeing the wisdom in getting a mediator's assistance early in the dispute, before it escalates into a formal lawsuit. In Florida, the rules and laws regarding mediation apply whenever the mediation occurs – during, before or after litigation.
MEDIATION: WHY DOES IT WORK?
There are several aspects of mediation that “make it work” in resolving disputes – attendance, informality, confidentiality, and self-determination. First, the process of mediation requires every decision maker to be present, reducing the time it takes to communicate and the potential for miscommunication. Second, mediation is informal, not bound by rules of evidence or procedure that attach to lawsuits and trials. Third, mediation is a confidential process that allows parties to make admissions for purposes of exploring settlement that cannot be told to the judge, jury or others if the dispute does not resolve. Finally, and most importantly, the disputing parties determine the outcome of a mediation. The mediator provides a forum and process, lawyers advocate for their clients and give advice, but the parties decide whether or not to resolve their dispute.
While disputes can resolve before or after mediation, it is wise for a party to think of mediation as the “last best chance to resolve the matter”, given the confidentiality and informality that are unique to mediating a dispute.
Radio Program Archives
Below are the edited audio files from my appearances on the Jacksonville, Florida radio stations 88.1 The Promise, and 91.7 The Gospel.
Below are the edited audio files from my appearances on the Jacksonville, Florida radio stations 88.1 The Promise, and 91.7 The Gospel.
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PERSONAL INJURY Hit and Run Crashes - How to Protect Yourself with Insurance Coverage What Should You Do After a Crash - At the Scene and Afterwards Things Jurors Don't Get to Learn at Trial Falldown Injury Cases Car Insurance Issues - Part 2: Injuries, Wage Losses and Medical Expenses Car Insurance Issues - Part 1: Car Damage and Repairs Doesn't the Bible Say a Believer Shouldn't Sue? Why I Handle Personal Injury Cases |
MEDIATION Jacksonville's foreclosure mediation program The Biblical case for Mediation Mediation - what is it, why does it work, and when it is used Mediation - general principles |