Who Pays Costs in Personal Injury Rear-end Automobile and Fall Down Cases?

(In Miami Beach, Miami, Aventura, Coral Gables, Wynwood and Miami-Dade, Broward, Palm Beach Counties.)

Whether we undertake representation of an individual in a fall down, rear end collision, or any other negligence case, it is usual for us to expend costs on behalf of the client.

The contingency contract of Wolfson & Leon of Miami, Florida includes a precise agreement as to the percentage of the potential gross recovery that is agreed to as the attorney fee. We can send you a copy of the agreement to review. And we forward and pay any expenses that may arise before a lawsuit is filed. Any such expenses that we pay on behalf of an injured client is repaid to the law firm from the gross recovery. But this is ONLY if we recover money for you. If we don’t get you any money, we will not request a penny from you for any attorney fee or cost we expended. So, we forward all of the costs of pre-suit preparation or litigation and do not get reimbursed if there is not a recovery. You only pay if you get paid and get money from a settlement or verdict.      

Now, securing the proper experts and completing a thorough investigation makes a big difference in the result obtained.

The pre-suit costs expended in properly furthering a client’s cause, usually include payment to a police agency, physicians, fire rescue, and hospitals in order to obtain copies of the necessary records. Treating physicians and hospitals may often attempt to collect large sums to be paid by the law firm before forwarding their records. At Wolfson & Leon we feel it is important that we monitor closely amounts that are expended on behalf of a client. This is because the costs would get deducted from any settlement or verdict entered. In instances where a medical provider seeks to charge the client unreasonable sums in order to produce the records, we remind them of the current law. A recent case limits the costs that a medical provider may bill/charge for copies of records, i.e., $1.00 per page for the first 25 pages and only 25 cents per page for copies in excess of the initial 25 pages. In addition, a medical provider may not withhold a patient’s records due to outstanding amounts that may be due and owing for the actual medical care. See Florida Statute 456.057(6).

In certain instances, physicians may seek to bill Wolfson & Leon for compiling and crafting typed reports that the attorney requests. Those are documents that the attorney is requesting the physician to complete and would otherwise be unavailable. They are requested when the attorney representing you has questions he or she wants answered in the form of a letter.   

Should it become necessary to file a lawsuit in an automobile or fall-down case in Miami Beach, Miami, Coral Gables, Aventura, or Miami-Dade, Broward, or Palm Beach County, a filing fee is required and advanced by the law firm. Deposition costs, and the charges of experts may also be required. Wolfson & Leon forwards these expenses regularly.  

In the end, we keep in mind that a client wishes his or her case to be completed and done quickly. But sometimes you just can’t get the right settlement or award for a client without filing a lawsuit. Either way, we will pay for the costs of a pre-suit investigation or actual litigation and work with you to maximize the recovery. Call us at 305-285-1115 or email Jonah at jonahwolfson@wolfsonlawfirm.com.   

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