There is no time limit. After I send a “Demand Package” to the insurance company, I give them a time limit to settle with us. If we don’t get the case settled within the time limit, I recommend to the client that we file a lawsuit. The decision to file a lawsuit is up to the client. I am in contact with the client during this process, and I make recommendations based upon my experience. Sometimes, we give a little more time, if we feel the negotiations are close to where we want to be. Other times, we file the lawsuit without much discussion. It depends on the circumstances and every case is different.
THERE ARE NO FEES UNLESS YOU WIN. I use a standard contingency fee contract. Rule 4-1.5 of the Rules Regulating the Florida Bar governs the standards for this type of contract. Basically, I don’t get paid a fee unless you win. In other words, my fee is contingent upon the successful resolution of your case. During our initial meeting, I always make sure to go over the contract. I also go over the Statement of Client’s Rights, which the Florida Bar requires any client to sign before entering into a fee agreement of this kind. I feel the relationship between myself and the client is very important, and I do my best to make sure the client has exhausted every question they may have with regard to fees before the end of that first conference.