Attorneys

What to look for when selecting an ethical Injury/Wrongful Death Attorney:

Remember, when you hire an attorney you are paying for a service and you should be satisfied with the quality of that service. They should return your phone calls promptly, communicate with you personally and keep you updated on the status of your case. The attorney should also discuss the terms of your contract, including fees, up front. If you believe your attorney's performance is less than stellar, realize that you can replace them at your own discretion.

Interview them to decide which attorney you would like to handle your case. This interview takes place at an initial consultation. Don't expect your case to be solved during this visit. Consultations usually last 30 minutes so be prepared. Here are a few tips to get you ready.

• Write down your story, in your own words before your meeting to organize all of your thoughts;

• Make sure to bring copies of any documents that may affect your case;

• Give your attorney any names or dates that affect your case so the attorney has an idea of who is involved;

• Be prepared to answer all the attorney's questions; the attorney knows which questions to ask to help you;

• Always tell the truth even if you think some details may hurt your case.

• Don't lie or exaggerate the facts;

• Avoid becoming too emotional;

• Make sure you feel comfortable before leaving the attorney office. Don't be afraid to ask questions.

Questions to ask an attorney:

1. How long have you been in business?

2. Do I need legal representation for my problem?

3. Have you handled cases like mine in the past?

4. What have results been on my type of case?

5. Will you be handling my case personally? If not, what kind of work will you be doing and who will be doing the rest of the work?

6. How available are you for meetings and phone calls?

7. How do you handle fees? Get a written retainer including:

   • Charges: Do you charge by the hour, a flat rate or contingency?

   • Services that are included

   • Extra fees that will be assessed

   • How you will be billed

8. What are the possible outcomes in cases such as this?

9. How long do you expect this matter to take?

10. What are my alternatives?

11. Do you recommend arbitration or mediation?

Important Consumer information for Injury / Wrongful Death, Law:

I was recently in a car accident, what expenses does insurance cover? As crazy as it may sound, you do not have to carry liability insurance to operate a motor vehicle in the State of Florida. That means, if you are hit by someone else, they may not necessarily have liability insurance.

What about repairs to my car? Florida law does require property damage coverage. Therefore, their insurance should be responsible for the repairs of your vehicle.

What about my medical expenses? Florida is a No-Fault state. This means, your auto carrier will pay the majority of the primary expenses. Specifically, they will pay 80% of your medical bills and/or 60% of your wage loss up to $10,000.00, subject to a possible deductible election.

What about the 20% /40% No-Fault does not cover? Typically, we would look to the tortfeasor's (the person at fault for the accident) carrier for the out of pocket expenses.

What if the tortfeaser has no liability insurance? You may have elected Medical Payments on your policy, along with uninsured/underinsured motorist (UM) coverage. Those coverages would then apply. I highly encourage all my clients to acquire UM coverage, as much as they can afford. If you have multiple vehicles, I would also suggest a stacking UM policy which essentially stacks the coverage of each vehicle, allowing for greater potential coverage in case of injury.

What about my pain/suffering, do I get any compensation for that? Maybe. In order to recoup for non-economic damages, you must establish through medical experts that you have sustained a permanent injury. If so, then yes, you can recover compensation for non-economic damages, including pain and suffering. If, however, you make a full recovery, you may only then seek your out of pocket expenses, not previously covered by No-Fault and/or MedPay.

Do I have to give a recorded statement to the insurance company? Maybe, depending on the carrier (is it your carrier or the tortfeasor's carrier) and the policy. However, you should never give a statement without at least speaking with an attorney. The carrier is in the business of saving money, not spending it. They will do everything they can to build a case against you and save money.

How does my attorney get paid? You are free to negotiate your contract when retaining a personal injury lawyer. Most lawyers will get paid based on a percentage of gross recovery.

What about the costs of my case? This is another important question to address with your attorney. Some firms will advance the costs pending settlement, some may require a retainer. Be sure to also inquire if there is no recovery, will you still be billed for costs.

Who will handle my case? More and more, attorneys are looking at the assistance of paralegals to assist them. Some, in fact, actually negotiate with the carriers regarding the value of your case. Be sure to look for an attorney who will represent you. I am still amazed when clients of other former attorneys come into my office and inform me they have never spoken to, let alone met their own attorney. It is your case and your life. You should therefore know the individual assisting you with the same.

For more information about your rights regarding an auto accident and/or any other type of injury, please contact my office for a free consultation.

Harvey Law, LLC.

Don P. Harvey was born in Philadelphia, Pennsylvania in 1969. He moved to the Orlando area in 1980. He graduated from Trinity Preparatory School and attended Louisiana State University. In 1991, he received his Bachelor of Arts degree in Economics with a double minor in Russian and Political Science. Upon graduation, he was also named a Regents Scholar by the Louisiana Board of Regents for his academic and non-academic achievements, including playing football while at LSU. While at LSU, he was also a member of the Phi Kappa Psi Fraternity and Phi Beta Kappa Honor Society.

He attended law school and received his Juris Doctor with Honors from the University of Oklahoma in 1994. While there he was a member of the American Indian Law Review and Phi Kappa Phi Honor Society. He was also granted membership into The Order of Coif, an honor society indicating academic performance in the top ten percent of the graduating class.

Upon graduating, he returned to the Orlando area and began working with a small Plaintiff's law firm in Winter Park in August of 1994. While there he developed their litigation department and practiced personal injury law, workers' compensation law, and labor law.

He started his own firm in 1999. He handles all types of personal injury claims, workers' compensation cases, wills/estate planning, probate, real estate/foreclosures, entertainment contract law and construction litigation. He handles cases in the Central Florida Area, as well as the entire State of Florida. He is a member of Florida Bar, Colorado Bar, and admitted to practice in the United States Middle District of Florida. In his spare time he enjoys practicing martial arts, fishing and racing. He currently lives in the Winter Park area with his wife and daughter.

The hiring of a lawyer is an important decision that should not be based solely upon advertisement.  Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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