Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

When are arbitration agreements being sought? Common examples include admission to a nursing home, purchase of a car, at a physician’s office, etc. How is an arbitration agreement “asked” for? Typically, in one of the many forms most people do not even bother to read before signing. It is only later — after economic injury, personal injury or even wrongful death occurs — that many consumers even realize the significance of “signing on the dotted line.”

Several of our lawyers are active members of the American Board of Trial Advocates (ABOTA). A national organization made up of leading lawyers and judges, ABOTA is dedicated to preserving the Seventh Amendment. The ABOTA web site, www.abota.org, perhaps says it best: “Thomas Jefferson was of the opinion that the right to trial by a jury of fellow citizens was a more important safeguard of personal liberty than the right to vote. With a jury, the rights and duties of each of us will be decided by our fellow citizens, not by some bureaucrat or governmental functionary.”

The lawyers at Lesser, Lesser, Landy & Smith have tried hundreds of cases to juries. We believe in the American jury system. Although not perfect, it is the best system in the world. The American jury system provides victims of personal injury and wrongful death the opportunity to present the facts and let others in the local community decide the consequences.

So should you “sign on the dotted line” when presented with an arbitration agreement? NEVER.

At Lesser, Lesser Landy and Smith you will always speak with an attorney. Before hiring an attorney or law firm you have the right to know about your attorney’s experience in handling cases similar to yours. Questions to ask and have answered should include “How many cases like mine have you handled?” “How many like mine have you actually taken all the way to trial?” In all of our daily travels we see TV commercials, billboards, buses, taxis and benches that advertise for attorney services. You should not just hire an attorney because you have seen such advertisement, without first checking if the attorney or the law firm is best suited to representing you.

As an injured client, you have rights before and after you hire an attorney. These rights include knowing about the attorney’s experience and knowledge in handling cases similar to yours. You have the right to know who will be working with the attorney on your case. Will the attorney you hire send your case over to another attorney to handle? If so, you have the right to know about this possibility up front, and you should feel comfortable about this and to whom the case may be referred, before you sign the contract. You, as an injured client, have the right to know and approve of who will be working on your case. Some attorneys take and handle many cases, but few attorneys are prepared to actually file the lawsuit and take the case to trial. You have the right to know if your personal injury attorney or personal injury law firm will file the lawsuit and take the case to trial if the insurance company does not offer the money compensation you deserve.

Once you have hired a personal injury attorney and signed the contingency fee agreement, you have the right to know what is going on with your case at reasonable intervals. If you already have an attorney, stop and think, does my attorney keep me informed as to what’s going on with my case? Have I received copies of letters he or she has mailed out on my behalf? If not, you should contact your attorney and question the handling of your case and expect answers that are satisfactory to you.

If you’ve hired or are about to hire an attorney to represent you for personal injuries, you will sign a contingency fee contract. A contingency fee contract is one in which the attorney takes a percentage of the total recovery at the end of the case. This means that there is no need for an injured client to pay any money for legal services until the case is resolved. If there is no recovery, the attorney will take no fee. The percentage is usually a standard 33 1/3 % from the time the attorney is hired, up until the time the attorney files a Complaint and the defendant files an Answer. Then the fee goes up to 40%, where it remains. There are exceptions to these percentages, some are by law, or by agreement, and you should understand the fee arrangement and feel comfortable speaking with your attorney about the fees to be charged.

You have the right to know about how the attorney or law firm will handle the costs associated with your case. The costs associated with your case are generally those needed to get the case moving and into a position of settlement or trial. You may find that there are attorneys who will not file a lawsuit without asking for money from you up front. At Lesser, Lesser, Landy and Smith, we never ask you for any retainer or payment of money while the case is still pending. If we handle your personal injury case, we are prepared to front all the costs until the conclusion of the case. Before signing a contingency fee contract you should know how the costs are to be handled and paid.

Being injured is not fun. But you should feel confident in your attorney’s skill, and knowledge in handling your legal case, so you can concentrate on receiving the medical care you need. If you are already represented, but are not satisfied with the representation you have, or if you are in the process of hiring an attorney, the attorneys at Lesser, Lesser Landy and Smith are available to speak with you and discuss your rights as an injured client.

1. Call an Attorney – This is the obvious first step of how a case works. If you don’t already have an attorney, you should consult with a variety of them before deciding which one to hire to take on your personal injury case. An attorney will be able to guide you through an emotional and difficult process such as a personal injury case.

2. Initial Meeting with Attorney – The initial meeting with the attorney will include the client explaining his or her side of the case to the attorney. The attorney will also explain to the client what his or her plan of action will be regarding the case and how the evidence will be collected against the defendant in the lawsuit. The lawyer will also outline what is to be expected in the coming months as the case moves along as well as answering any and all questions the client has pertaining to the case.

3. The Progression of the Case – As the case progresses, the client will have to partake in quite a few different meetings and litigation processes as well. One of the first meetings is the pre-trial hearing. The pre-trial hearing involves a meeting in the court with the judge where evidence will be presented to the court to be determined whether or not the evidence can actually be used during the case. The judge will also determine whether or not any witnesses can be used during the case. Once the pre-trial meeting is over the judge will schedule the trial for a later date.

After the pre-trial meeting the two sides will attempt to settle their differences out of court, before the scheduled court date, with the use of arbitration or mediation. Arbitration is when an arbiter hears both sides of the story and then makes a decision on who the winner is. Mediation is when a mediator guides the two sides to a decision that is made by the plaintiff and the defendant in the case.

4. Medical Care – As the case continues to develop, continue to get proper medical care if needed. If medical care is no longer needed, discontinue medical care but be sure to monitor your pain and progression in the rehabilitation and healing process.