Scott Michael McPherson’s Answers

Scott Michael McPherson

New Port Richey Personal Injury Lawyer.

Contributor Level 10
  1. Do sll personal injury lawyer charge the same for auto accidents

    Answered over 1 year ago.

    1. Scott Michael McPherson
    2. David Hughes Harris
    3. George Costas Andriotis
    4. Jason D. Holbrook
    5. Jason Todd Studinski
    6. ···
    15 lawyer answers

    Although I cannot speak for all lawyers, it is safe to tell you that most Florida attorneys will propose the following contingency fee structure in automobile accident cases: 1) 33% of the total settlement if the case settles without the need of filing suit (litigation); and 2) 40% of the total settlement if suit is filed, and the defendant answers the complaint. These percentages are not arbitrary, but based on the Florida Supreme Court's finding of "reasonable" in the context of...

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  2. I tripped and fell on my condo landing because the rug had come loose and there was not a metal strip tacked down.

    Answered over 1 year ago.

    1. Scott Michael McPherson
    2. Alyson Marie George
    3. David John Glatthorn
    4. Clifford M. Miller
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Slip/Trip and fall cases can be very difficult. You've described a premises hazard that lead to your back injury, which to many people may seem like enough to have a "strong case." However, premises liability cases have a lot of hurdles. Just from what you typed, a couple of issues that may come up that could lead to a defense include: 1) Wearing sandals while carrying 02 tanks; 2) The fact that you lived at the condo (if I am reading this right), which means that it is an area...

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  3. Can the client choose to not pursue the case without being liable for costs and fees in a contingency fee agreement?

    Answered over 1 year ago.

    1. Scott Michael McPherson
    2. David J. McCormick
    3. Christian K. Lassen II
    4. Jonathan Neal Portner
    5. Lars A. Lundeen
    6. ···
    6 lawyer answers

    Yes, you can request that, and your question involves FL Bar Rules 4-1.5: Fees and Costs for Legal Services. Let's break it down between fees and costs. First, as to costs, you could be liable for your attorney's costs advanced if you discharged him or her before trial, unless you have language in the contract to the contrary. However, in 2011 a Florida appellate court found that a law firm's "discharge clause" that made client responsible for fee was unenforceable. Therefore, you would...

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  4. Government claims

    Answered over 1 year ago.

    1. Scott Michael McPherson
    2. Scott W. Leeds
    3. David B Pittman
    4. Clifford M. Miller
    5. Daniel Nelson Deasy
    6. ···
    8 lawyer answers

    You would need to provide more information about what type of claim you are contemplating. It's impossible to know if you were injured by a negligent county bus driver, or want to file a federal disability claim (amongst countless other scenarios). Please provide more details. Thank you.

    15 lawyers agreed with this answer

  5. Severe injury caused by hair salon. How should I proceed if one law firm did not respond?

    Answered over 1 year ago.

    1. Scott Michael McPherson
    2. Jeffrey Robert Davis
    3. Marian Audrey Lindquist
    4. Robert Edwin Collier II
    5. Robert Shannon Carpenter
    6. ···
    9 lawyer answers

    Just because one law firm did not respond does not mean your wife's case lacks merit. I would definitely recommend that you consult with an attorney as soon as possible in order to evaluate the burn injuries to your wife. I had a similar case several years ago, and sometimes these types of burns involve a product liability claim. Other times, the claim involves negligent application of the dye product and/or a combination of both. Implied warranty claims also come to mind, as might failure...

    13 lawyers agreed with this answer

  6. My grandpa fell and a store cleark cought him and she is going to sue because he has hepititus c in his blood can she?

    Answered over 1 year ago.

    1. Joseph Knape
    2. Dennis Michael Phillips
    3. Scott Michael McPherson
    4. Judy A. Goldstein
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    Rather than answer "can she sue," I'll answer "does she have a valid claim?" Based on the facts, the answer to that question is "No," she does not have a valid claim. If she filed suit and alleged those facts, the case would be dismissed for "failure to state a cause of action." (IMO)

    13 lawyers agreed with this answer

  7. When Should I sign auto insurance Full Release of all Claims with Indemnity ( sent to me by ins. comp. of woman who hit me.?

    Answered over 1 year ago.

    1. Scott Michael McPherson
    2. Jason D. Holbrook
    3. Timothy Leo Bowden
    4. David B Pittman
    5. Karen Tallent Munzer
    6. ···
    9 lawyer answers

    Do not sign that release until your case has been reviewed by a qualified personal injury trial attorney! I cannot stress this enough! There are many reasons why, but most importantly you need to be aware that you would likely be waiving the right to bring a claim for additional damages, and it sounds like you would be doing so for a nominal amount. You may also be waiving underinsured motorist benefits, if applicable. Why is this important? Here is a cut and paste from a response I made...

    13 lawyers agreed with this answer

  8. Hello my mother bought the lobster feast & ate the lobster & a baked potato at one of the Red Lobster location here in Florida

    Answered over 1 year ago.

    1. Alyson Marie George
    2. Scott Michael McPherson
    3. Jeffrey Mark Adams
    4. Christian K. Lassen II
    5. Albert Lee Crosner
    6. ···
    7 lawyer answers

    The problems with these kinds of cases it typically both causation and damages. Keep in mind that food poisoning can have a latency period of up to 72 hours, and normally no symptoms until the next day at the earliest. Therefore, the onset of symptoms of the same night may not even be consistent with food poisoning from food ingested that night, but that would be up to a medical expert. Which leads to the problem, unless you have a lot more information to tie it to the food at the restaurant,...

    12 lawyers agreed with this answer

  9. Can I sue my child's school for medical negligence?

    Answered over 1 year ago.

    1. Scott Michael McPherson
    2. David B Pittman
    3. David Alan Wolf
    4. Kevin P. Landry
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Medical negligence cases can be very expensive, so it may be cost prohibitive to sue the school. You should talk with a personal attorney in your area that does both general negligence (personal injury) and medical malpractice law. If the school is public, you'll have qualified immunity issues as well. Sometimes, while there is "a case," the damages are not sufficient to justify litigation. That may not be the case involving your daughter, so do consult with an attorney. Attorney Scott...

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  10. I was giving the wrong medicine by walgreen i took it i suffer with headace walgreen call they want to compersate me

    Answered over 1 year ago.

    1. Scott Michael McPherson
    2. Clifford M. Miller
    3. David Hughes Harris
    4. Jeffrey Robert Davis
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    I've handled several of these cases, and these types of errors are unfortunately not that uncommon. Although it's clearly negligent to mis-fill a prescription, many times the "strength" of the case comes down to whether the harm caused is significant or can be proven. You should consult with a personal injury attorney regarding this matter, so that both liability and damages can be properly analyzed.

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