Bringing a personal injury claim is a serious proposition. Elements of liability (fault) and damages (monetary value) may be difficult and costly to prove. It may require a significant time commitment from the client and the Firm. It may expose the client and the Firm to financial loss or penalty. The psychological toll of a claim cannot be overlooked. These factors and others are evaluated by the Firm prior to assuming any representation as well as throughout the process. We ask our clients to weigh these additional factors.

Bringing a personal injury or medical malpractice claim is also the entitlement and right of a client who has been injured as a result of the negligence of another. The pre-lawsuit claims process has been largely defined by the insurance industry. The Florida Rules of Civil Procedure, Florida Evidence Code, Florida case law, and Florida Statutes govern the litigation process. This process begins when a lawsuit is filed. A right, which is not exercised, ceases to exist. Those who seek to over-generalize and intertwine legitimate personal injury claims with unscrupulous claims in the discussion of limiting civil remedies are mistaken or worse. A legitimate injury victim with a legitimate legal claim should always have access to the courts. This is a constitutional requirement. True access to the courts means the opportunity to recover the full extent of proven damages. Lobbying, advertisement, contract penalties, media hype or confusion does not change this truth.

Finally, it is true that civil juries can be quite unpredictable. This does not render the civil justice process a game of chance. Careful and thorough preparation is essential. Case preparation and resolution should never be left to chance. Our results speak to our level of preparation. Our objective is the highest level of client satisfaction within the reasonable contours of the law.

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