An Overview of How a Case is Handled at Cohen & Juda

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An Overview of How a Case is Handled at Cohen & Juda

Initial Consultation: (No Fee) This involves a detailed discussion of the incident which caused your injuries, as well as the losses associated with that injury. This gives you the opportunity to discuss your potential claim, while a lawyer at the firm has a chance to evaluate your case, and the possibility of a claim with you. It is during this consultation that it can usually be determined whether there is indeed a viable claim.

Retainer: If you decide you wish to be represented by our firm, a retainer, or contract is signed. This contract specifies that there are no fees or costs if we do not recover on your behalf. Additionally, a statement of client’s rights is provided for your signature. This explains certain rights you, as the client, possess. A sample of these documents are available upon request.

Attorney fees

Under Florida Bar rule 4-1.5, attorney contingency fee percentages in Florida personal injury cases range from 33 1/3% (prior to a lawsuit) to 40% (once a lawsuit is filed and an answer is received) when compensation is up to $1 million, 30% for compensation between $1 million and $2 million and 20% for compensation higher than $2 million.

The fees are called “contingency fees” because the fee is contingent on a settlement. There is no fee unless and until there is a settlement.

The bar rule does not limit an attorney right out of school or with little experience, charging the same attorney fee as a lawyer with many years of experience.

Based on Mr. Cohen’s and Mr. Juda’s level of litigation experience of over 30 years, Cohen and Juda uses the fee schedule set out (above) by the Florida Bar.

Mr. Cohen and Mr. Juda are open to discussing a percentage reduction of the fee on a case by case basis with any prospective clients.

Attorney Fees When Client Discharges A Prior Law Firm To Be Represented By Cohen And Juda

If the new client is transferring a case where they were represented by another law firm (and discharged that law firm for whatever reason) to be represented by Cohen and Juda, there will be only one (1) fee paid by the client.

A new contingency fee retainer will be signed with Cohen and Juda and at the end of the case the new client will pay the fee on the retainer. Cohen and Juda will reimburse the prior law firm for its time (based on applicable laws) from the proceeds of the attorney fees received in the settlement.

There Will Be Only One Fee Paid By The Client

Investigation and collection of evidence: The Law Firm, once retained, begins the detailed process of investigating your claim, as well as collecting information and evidence to document your injuries. In this regard there are two separate areas in which information is obtained. These areas are the liability, or responsibility of the incident, and the damages related to it.

A. Pictures, police reports, incident reports, statements, computer searches or any other investigation necessary is taken to prove the defendant’s responsibility in any particular case. This must be accomplished so that the insurance company is both aware of the incident, and how the incident occurred.

B. With regard to damages, medical records from the past, and present, medical information from your current treating doctors, conferences with those doctors, documentation of lost wages including tax returns, and hiring of any necessary experts are done to document the damages in your case.

The amount of time it takes to collect this information varies. It may take weeks or months. Once all the proper documentation and evidence is obtained, we will decide what an appropriate demand would be to make upon the insurance company. We will make this decision together. Usually, the insurance company is given a certain amount of time to respond to this demand. If the insurance company is willing to attempt to settle the claim without need for litigation, we will entertain any offers made by the insurance company, and discuss them with you. At this time, the case will either be concluded, or the pre-litigation phase of the claim will be concluded and the case will move into litigation.

C. Upon filing of the lawsuit, the case becomes involved in “litigation”, or is “in court”. At this time, sworn testimony is obtained, depositions are taken, documents are produced, and this case is generally prepared for trial. If the parties do not resolve their differences during this phase, the case will go to trial and be decided by the jury. The Court orders the parties to go to a “Mediation” or settlement conference in an attempt to resolve this case prior to trial. This is probably the parties’ best opportunity to settle the claim prior to trial.

Tell Us What Happened to Evaluate Your Case

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