Frequently Asked Questions
Q: How will I pay my lawyer?
A: Your lawyer is paid a percentage of the amount recovered for you
whether through negotiation or trial. This contingent fee system allows
access to Courts that people would not have if they were forced to pay
for a lawyer by the hour. In fact, we will investigate your incident,
gather all medical information and negotiate for you until the case is
resolved. Only when you receive a recovery do we get paid.
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Q: Do I have to pay the costs
in a case?
A: Costs include filing fees, witness fees, expert witness costs, travel
expenses, telephone charges, copying charges, fax charges, deposition
costs, investigator costs and time, messenger charges, mediation expenses,
computer research fees, medical or nursing consultations, and all out-of-pocket
expenses incurred on the client's behalf. Our firm sets up a bank account
for each client and uses those funds to advance the case. In this way
we do not loan money so there is no conflict of interest. At the end
of the case, all advanced costs are repaid to the bank. You never have
to advance costs to Fonvielle Lewis Foote and Messer.
We attempt to keep costs to a minimum in every case but as a case continues
costs can increase. The costs in a case are directly related to litigiousness
of the defense insurance company.
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Q: If no recovery is made, will
I have to pay the costs incurred?
A: Only if we win will you owe attorney's fees and costs. If we are
unable to make a recovery for you, you owe no fees or costs.
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Q: What should I do if I'm asked
by an insurance adjuster to make a recorded statement?
A: Do not make any statement to an insurance adjuster without your attorney
present. Some insurance policies include a cooperation clause that require
a statement but the best practice is to have your lawyer present. Additionally,
never sign anything until it is reviewed by counsel.
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Q: How long will my case take?
A: This is a difficult question to answer. Some cases are complex both
in terms of who was at fault as well as the extent of injuries. At Fonvielle
Lewis Foote and Messer we do not want to hurry a case to conclusion before
the client has healed enough for the physician to be able to gauge the
need for future care. Normally an average automobile case can be resolved
anywhere from 3 to 12 months after a client first comes to our offices.
Products liability, trucking, aviation, nursing home, bad faith and other
complex cases may take substantially longer.
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Q: What is my case worth?
A: This is the hardest question of all to answer. Often the firm has
to fight to prove that the other party caused the accident or incident.
When liability for the other party is clear a variety of factors determine
results. These factors include past medical bills, anticipated future
medical bills, past lost wages, loss of earnings capacity in the future,
past pain and future suffering. There is no exact formula that can determine
precisely what a case is worth. Until all of the necessary information
is gathered, an estimate is premature. Although no exact formula exists,
once we have the necessary data our lawyers can estimate a range of outcomes
based upon our training and experience in handling thousands of injury
cases.
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Q: Do you ever represent insurance
companies?
A: At Fonvielle Lewis Foote and Messer, our motto is Personal Injury
Law . . . It's All We Do. We do not represent insurance companies. In
fact, we limit our practice to representing individuals injured by the
negligence of others.
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Q: Will my case go to trial or
can it be settled?
A: Contrary to what is often seen in the media, most negligence cases
are settled before trial. However, insurance companies go through cycles
where they decide to try cases, whether they can win or not. Our lawyers
are well-versed in trying cases and will zealously represent you when
a trip to the Courtroom becomes necessary.
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Q: What does it mean to "file
suit?"
A: When negotiation fails, or when it becomes necessary, Fonvielle Lewis
Foote and Messer will file suit for you. Filing suit is when a formal
complaint is filed with the Court and a copy is formally delivered to
the defendant. Suit is filed only with a client's permission after other
reasonable efforts to resolve the case have failed. Because insurance
companies have become very aggressive over the past 5 years, we find
that more and more cases require that lawsuits be filed.
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Q: What is a deposition?
A: A deposition is a formal question and answer session where the lawyer
for the defendant asks questions about the cause of the incident as well
as the extent of your injuries. The questions and answers are recorded
on a stenotype machine by a court reporter. Anyone answering questions
takes an oath to tell the truth. Of course we will be there, at your
side, anytime your deposition testimony is taken. Depositions are often
taken at lawyers offices. They are used to discover important facts in
a case and to prepare a case for trial.
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Q: If I do file suit, how soon
will the trial be?
A: Even though a lawsuit has been filed, a trial is not imminent. Nearly
every Circuit in the State of Florida requires that parties attempt to
settle their differences through a process called mediation. Well before
a trial we will be talking to you and counseling you on what to expect.
While we try more plaintiff's personal injury cases than most law firms
we also are able to resolve an equal number before trial. We will make
certain you are informed at all times.
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Q: You mentioned mediation. What
is that?
A: Mediation is a formal settlement conference, often Court-ordered,
taking place prior to a case going to trial. We will appear with you
and argue your case. The insurance company will hire a lawyer to represent
the person you have sued. Each side will have an opportunity to make
a statement to a mediator, a neutral person who will assist the parties
to see if a compromise can be negotiated. The information presented in
mediation is confidential and cannot be used in trial. If no settlement
is reached during mediation, the case proceeds to trial.
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Q: The other person caused the
accident - why does my insurance company need to know?
A: Florida is called a no-fault state. This means that we all insure
ourselves against accidents that cause temporary injury. Even when someone
else's negligence causes injury, we are able to make a claim for personal
injury protection benefits or PIP. This no-fault insurance was designed
by the insurance companies to pay 80% of a person's medical bills and
60% of a person's lost wages, up to $10,000, regardless of who caused
the accident.
Your own no-fault insurance provides you with the medical care and
wage protection you need while we prepare your case against the negligent
party that caused the incident.
Georgia is a different story. “No-fault” does not exist in Georgia but other types of coverages do. We have lawyers who are licensed
in Georgia as well as Florida to advise you on the law and your claim.
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Q: My agent said I have full-coverage
Florida insurance. Now I find out I may not have the coverage I need.
What is going on here?
A: Sadly we face this question every day. In Florida full-coverage insurance
means minimum coverage required by law. Florida law requires property
damage if you damage someone else's car and PIP to protect yourself as
discussed previously. There is no requirement that anyone carry insurance
if they injure another. In other words, most of the people in Florida
do not carry coverage that protects you from their negligence. That is
why we encourage that people carry uninsured/underinsured motorist's
coverage. Underinsured or uninsured motorist coverage allows you to collect
from your own company in the event you are injured through the negligence
of somebody who has little or no coverage. Simply stated, it protects
you from the driver with inadequate insurance. Unfortunately, Florida
law does not require uninsured/underinsured motorist coverage. Every
day we are asked by clients what they can do when there is not adequate
coverage. At that point it is too late. Full coverage insurance has let
them down.
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Q: What is a PIP deductible and
why do I have to pay it?
A: Florida is a no-fault state and PIP is the insurance coverage that pays for certain medical needs and certain lost wages. The minimum PIP policy is $10,000 but there is a catch. Just like
property damage coverage, or a homeowners policy, your PIP can have a
deductible. That means you have to reach the PIP deductible out of your
own pocket before the coverage commences. By statute up to a $2,000 deductible
is allowed by the insurance companies for sale to consumers. Although
this is the largest deductible allowed, it is not required. Consumers can purchase PIP insurance coverage without a deductible or with a deductible smaller than the $2,000 maximum allowed by law. The time to decide what is an appropriate PIP deductible is before
an accident. Once an accident occurs, it is too late.
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Q: What is a "Letter of
Protection?"
A: Many times clients come to us with no insurance coverage and no way
to pay for treatment. Even when a client has full-coverage insurance,
$10,000 in PIP benefits can be used up in short order. When this occurs
certain medical facilities and doctors will take a "letter of protection." This
document gives the patient the ability to continue to treat without paying
for the medical bill at the time of treatment. Letters of protection
typically allow the patient to keep treating and once a recovery is made
the healthcare provider is reimbursed. Clients should know however, that
even with a letter of protection in their medical file they are ultimately
responsible for the doctors' bills if the case does not resolve as hoped.
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Q: What is an impairment rating
and what is MMI?
A: When a doctor determines that you have reached a point in the medical
treatment where he or she can determine with some sense of assurance
the type of medical care you may need in the future, you have reached
MMI. In other words, it means you are as good as you are going to get.
You may not be as good as you were before the accident, but your condition
is stable and you have a loss. This is when we request a final narrative
statement of your condition. It is at that point that some doctors assign,
and insurance companies generally request, a permanent impairment rating.
This is generally done pursuant to American Medical Association guidelines.
Automobile issuance companies often require the impairment rating to
evaluate a case.
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