Personal
Injury Cases I Do Not Handle
The fact is, not every injury
has a remedy. Some injuries -- and in my view, especially minor ones -- are not worthy of a making a claim,
let alone a lawsuit.
Types of
Personal Injury Claims I Generally Do Not Accept
Due to the high volume client
inquiries that I receive, I have found that the only way to provide personal service is to decline those cases that
do not meet my strict criteria.
Therefore, I generally do not
accept the following types of cases:
Cases with no clear
objective evidence of injury
If you have a sprained neck or
back, and the x-rays, MRI, and CT scans do not indicate a very large disc bulge or disc herniation, then I will not
accept your case.
Insurance companies do not pay a
lot for these cases because they know that local juries do not award significant sums of money without clear
objective evidence of injury. There are plenty of lawyers who take these cases and I will be happy to give
you the names of several of them.
Cases involving minor
impact
My experience with juries and
knowing from my discussions with other attorneys across Florida and the country about their own experiences is
that, by and large, jurors do not believe that a minor impact could cause substantial personal
injury.
Many cases have been tried where
the medical evidence was very strong, yet the photographs and the property damage showed little or no damage.
Even though well-qualified physicians testified for the clients, these cases were either lost or received very low
verdicts.
Thus, I believe that the risk to
the client is too great to warrant pursuing these claims. There are other attorneys with different opinions
about these cases and, again, I will be happy to supply you with several names.
Cases where the statute
of limitations will soon run
I like to have at least four to
six months to adequately investigate and evaluate your claim. Your delay is not going to become my
crisis.
Generally, I will not
represent you if you were charged by the police in the accident
I know that the police can be
wrong; but if after interviewing the witnesses and evaluating the scene the police officer gave you a ticket and
not the other guy, then I will not represent you.
If your only care has
been by a chiropractor, then I won’t represent you.
This goes along with what I said
above about having a serious injury. I respect the chiropractic field, as well as all methods of alternative
therapies such as acupuncture, but my experience is that juries do not. There are plenty of attorneys who are
happy to try cases where the only healthcare provider is a chiropractor, but I will not.
Now, if you have treated with a
chiropractic physician and other doctors, such as neurosurgeons, neurologists, orthopedic surgeons, or pain
management doctors, then I will consider your case.
If You Were an Able-Bodied Adult Before the
Injury And Chose Not to Work, Then I Will Not Represent You
I stay away from those able-bodied and mentally competent adults who -- before the injury -- never had a
job. This does not apply to our seniors in retirement after a work
history, or children.
If, however, you were able to work and simply did not, playing "the system" for free handouts, and hoping that your
injury claim means yet another one, then I will not represent you. In
my view, there is no excuse for this type of behavior, is a sign of trouble ahead, and is not just not for
me.
Not only do I have a deep philosophical problem with that past behavior and attitude, but it is too hard to explain
to people on a jury -- most of whom have jobs or a job history -- why such a person never worked before the
accident injury, when that person was able and had the chance. There may be many lawyers who do not care about this type of background, but I
do. Don't bother with the call.

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