In order to pursue most personal injury cases, it is important to recognize the ability to collect awarded monies from a Defendant. After all, personal injury costs are often very expensive in time, money, and the resources which are needed. Indeed, a personal injury case that requires expert testimony can exceed $40,000.00 in third-party costs and about 300 hours of attorney time. There are numerous other costs that are likely to be incurred in a personal injury case. This includes the costs of depositions, transcripts, filing fee, mediation fees, and travel expenses, to name a few. In most personal injury cases, an attorney covers the costs and legal fees expenses by receiving a contingent payment based on a percentage of the award.
Most forms of accidents are covered by insurance carriers because the law often requires at least minimum insurance, such a PIP, and BI insurance, or premise liability insurance for property owners.
Most personal injury cases are tried by a Jury. The Jury is the finder of facts, meaning, it is charged with determining what occurred and who is truthful. In a Jury case, the Judge determines the law, instructs the Jury on the law, and in charge of the process and procedures of the courtroom. In Florida, a civil jury is composed of six jurors and one or two alternates. If neither the Plaintiff or Defendant ask for a Jury in the complaint or answer, then the case is tried by the Judge. This is known as a bench trial. When a personal injury case is tried in front of a Jury, the Florida rules of civil procedure impede the Jury to hear whether there is insurance coverage.
Maurice Arcadier, Esq. MBA.
Arcadier, Biggie, and Wood, PLLC.
Our Melbourne, Florida office is centrally located in Brevard County, enabling our lawyers to serve clients throughout “the Space Coast”, including Cocoa Beach, Palm Bay and Vero Beach.