Expert Advice When You Need It Most

Blane Gerard McCarthy's Answers

Blane Gerard McCarthy
Jacksonville Personal Injury Lawyer.
Contributor Level 3

4

Attorney answers:

  1. Blane Gerard McCarthy
  2. Henry James Graham II
  3. John Gus Zgourides
  4. Marian Audrey Lindquist

What can about a lawyer who took 50% of settlement when the case was settled out of court. isn't that too much??

Asked by a user in Jacksonville, FL - 24 days ago.

I am also in Jacksonville and would be happy to speak with you over the phone if you wish. However, I agree with my colleagues' responses. Under Florida law, a lawyer is not allowed to charge more than a 40% contingency fee, unless the Court authorizes a higher fee. However, in most personal injury cases, the lawyer also pays the file expenses. Filing a lawsuit involves filing fees, service of process fees, court reporter expenses and the like. Even when the case settled before a lawsuit...

5 lawyers agreed with this answer

5

Attorney answers:

  1. Blane Gerard McCarthy
  2. John Michael Phillips
  3. David H. Burns
  4. Earl Kenneth Mallory
  5. Jonathan Hayes Groff

What is a descent settlement on damage soft tissue and leaking disc was in an accident hit by an 18 wheeler truck from behind.

Asked by a user in Pensacola, FL - 2 days ago.

Yours is a difficult question to answer based on that limited information. Any personal injury lawyer will tell you that there are many, many factors that drive value for an injury claim. Generally "soft tissue" injuries have lower value. Generally "leaking disc" injuries have higher value. The fact that the other vehicle was an 18-wheeler potentially adds value to the claim, but not necessarily. Other factors for determining the value of the claim include wage losses, age of the victim,...

4 lawyers agreed with this answer

5

Attorney answers:

  1. Daniel Marc Berman
  2. Blane Gerard McCarthy
  3. Lars A. Lundeen
  4. Keith Patrick Ligori
  5. Andrew Daniel Myers

If I was permanantly injured in an auto accident that was not my fault, and my Dr.has written a letter to the insurance co. that

Asked by a user in Saint Augustine, FL - 27 days ago.

Your question implies two things: (1) it is your insurance company (the PIP carrier that you have for your car) and (2) you have already gotten a notice to attend its "independent" medical examination. If I am correct in seeing those two points implied in your post, then yes, you need to cooperate. Your insurance contract with your insurance company obligates to you such things, including what to you may seem like a very late request. I wonder if the 50% that you site is not to your "whole...

2 lawyers agreed with this answer

6

Attorney answers:

  1. John Elliott Leighton
  2. Steven George Lavely
  3. Daniel Marc Berman
  4. David H. Burns
  5. Keith Patrick Ligori
  6. ···

Who can pursue wrongful death actions in Florida?

Asked by a user in Jacksonville, FL - about 1 month ago.

My colleagues who have answered are correct. Technically, the personal representative (PR) is the one with legal "standing" to pursue the claim. The PR acts as the agent for all who have suffered claimable losses. However, I suspect that your question was more focused on the "claimable losses" component, seeking to find out who has suffered legally recognized losses when another dies wrongfully. Generally, family members - by marriage or birth - have claimable losses, with several...

1 lawyer agreed with this answer