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I had an accident at Home Depot which I've had up to date 4 Surgeries

Miami, FL |

2 shoulder surgeries and 2 major back surgeries requiring metal plate and screws inside of me. Before I had the 4th surgery on my back which they needed to go inside of me the 2nd time the lawsuit was filed for 750,000 which I thought was way to low. Mediation is set for September so my question is wasn't my Attorney suppose to raise that amount to a greater amount before the mediation date since my case is worth more now after the 4th surgery ? I've spoken to 1 more Attorney about this situation and he's told me that yes he should've filed the motion to raise the amount. I wanted some more info on this to be sure before addressing him with this issue.....Ty

Attorney Answers 5


  1. I am sorry to hear about your medical issues. That being said your attorney is in the best position to know. We know nothing about the facts if the case or your particular situation.
    You hired your lawyer for a reason, talk over your concerns with him.
    Good luck,


  2. You really need to meet with your attorney and discuss all of your questions and concerns. He/she is in the bet position to know the pros and cons of doing what you requested. If you are not satisfied with the responses, then you might want to consider changing attorneys.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.


  3. Typically the "prayer for relief" will state the you are entitled to damages in an amount the be determined at trial." Also the jurisdictional section of the complaint will typically say something like "this is an action for negligence in excess of $15,000, the jurisdictional minimum for the circuit court. While it's not typical to specify an amount in the complaint, I've seen it done before. I am not sure what document you are referring to but I agree that this is an issue you need to discuss with your lawyer. If after speaking with your lawyer you are not satisfied with the responses your are getting then you have the right to seek a second or third opinion. This forum, however, is no substitute for a sit down consultation in a lawyer's office. Best of luck to you.

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  4. This is an issue that should best be discussed directly with your attorney. As a 24 year practicing trial lawyer, I can assure you that there is NOTHING more irritating or frustrating that being armchair quarterbacked by "another lawyer who says" with a client. If you don't have a relationship with your lawyer where you can make such an inquiry and expect an accurate and honest answer, you have bigger issues. Case in point...the "other lawyer" who told you that your lawyer should have "filed a motion to raise the amount" is an idiot and you can quote me to whoever it was on that. In a properly filed personal injury case, there is no such motion as actual value of the case is not plead in a Complaint nor as part of the pleadings. If the case value increases due to circumstances as you described, the added value is simply expressed or demanded. The issue in your case is whether the value demanded is appropriate. You and your lawyer need to be on the same page before ANY settlement occurs and well before any necessary trial .


  5. Is this case filed in Florida? Florida law prohibits a specific amount in the prayer for relief ("ad damnum").

    Fla. Stat. 768.042. Damages
    (1) In any action brought in the circuit court to recover damages for personal injury or wrongful death, the amount of general damages shall not be stated in the complaint, but the amount of special damages, if any, may be specifically pleaded and the requisite jurisdictional amount established for filing in any court of competent jurisdiction.
    (2) The provisions of this section shall not apply to any complaint filed prior to May 20, 1975.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.

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