FREE CASE EVALUATION:

No Fee If No Recovery

questions & answers

Matters involving Personal Injury and Wrongful Death are handled on a contingency fee basis. No fee is charged unless a recovery is made for the client. In the event of a recovery the attorney’s fee is a percentage of the recovery, a percentage limited by The Florida Bar.

Costs are commonly advanced by the lawyer and are recaptured from the recovery. In other matters, attorney’s fees may be based upon an hourly rate, a stated flat fee, a contingent hourly fee or a hybrid combination of these methods.

Statutes of Limitations are time limits set by law to restrict the period of time for bringing a legal action regarding different types of cases. The reason for Statutes of Limitations is to bring closure on events so people can move on without fear of legal action beyond a certain point and also to prevent cases from arising years later that are founded on missing evidence or poor memory.

Statutes of Limitations often vary from state to state. Common Statutes of Limitations in Florida are 1 year (for wages), 2 years (Medical or Legal Malpractice, Negligence, Wrongful Death), and 5 years (Contract claims). However, other time limitations might apply. For example, most Cruise Lines must be provided specific timely notice of a claim within 6 months and must be sued within 1 year. These limitations periods are provided for in the cruise contract, not in the Florida statutory law.

For cases outside of the criminal law venue, the Burden of Proof is with the party or person making the claim. In civil cases, such as cases involving personal injury, wrongful death, and business and commercial litigation, winning requires that your case be proved by a “preponderance of the evidence,” which means that over 50% of the believable evidence must be in the plaintiff’s favor.

Though the Burden seems low it should not be taken lightly. Adequate and thorough preparation on the part of your lawyers is necessary. Other types of cases might involve Burdens of Proof such as Clear and Convincing, or Beyond a Reasonable Doubt.

Many factors go into determining the value of a claim and to that degree there is no one simple answer to this question. Compensation for damages are sometimes governed by Florida law.

Monetary evaluations include the type and severity of injury as well as the impact of the injury, the review of jury verdicts and/or settlements for similar claims and injuries, and the professional experience of your lawyer.

For non-injury claims there is often a value based upon the circumstances of the claim or a value can be determined by a forensic accountant.

The time frame will vary for different cases, depending on whether the case can be settled out of court through negotiation, mediation or arbitration or whether a long protracted trial will be necessary to arrive at resolution. If the case goes to trial, a trial date assignment is based on openings in the court’s docket and attorneys’ availability as well as the order in which our trial date request was entered in comparison to the number of cases that are waiting to be assigned trial dates.

Whether either side has entered an appeal after judgment may also affect the time frame of receiving a recovery. Injury cases are often not “ripe” to resolve until the full effects of any residual injury are known and determined.

Lawsuit avoidance is often in a client’s best interest because it keeps the costs and attorney’s fees to a minimum. Under most circumstances, investigation, claim presentation and negotiation are the first stage attempts to resolve legal disputes. A pre-suit mediation may provide an opportunity to help resolve a claim. If a lawsuit must be filed in Court, “discovery” is the next stage, which involves exchanging evidence with the other parties and includes answering interrogatories and providing testimony at depositions.

After the plaintiff and defendant have both completed the discovery process, the case will proceed to trial. Either party may attempt to negotiate a settlement at any of the various stages involved in a claim. Settlements, whether before suit or after, are far more common than trials in that they provide greater control to the client, with less cost and less time investment.

ADR or alternative dispute resolution is an alternative approach to trial where parties use mediation or arbitration to arrive at a fair settlement outside of court.

How does your lawyer get paid?

Matters involving personal injury and wrongful death are handled on a contingency fee basis. No fee is charged unless a recovery is made for the client. In the event of a recovery the attorney’s fee is a percentage of the recovery, a percentage limited by The Florida Bar.

Costs are commonly advanced by the lawyer and are recaptured from the recovery. In other matters, attorney’s fees may be based upon an hourly rate, a stated flat fee, a contingent hourly fee or a hybrid combination of these methods.

Statutes of limitations are time limits set by law to restrict the period of time for bringing a legal action regarding different types of cases. The reason for Statutes of Limitations is to bring closure on events so people can move on without fear of legal action beyond a certain point and also to prevent cases from arising years later that are founded on missing evidence or poor memory.

Statutes of limitations often vary from state to state. Common Statutes of Limitations in Florida are 1 year (for wages), 2 years (Medical or Legal Malpractice; Wrongful Death), 4 years (injuries from negligence), and 5 years (Contract claims). However, other time limitations might apply.

For example, most Cruise Lines must be provided specific timely notice of a claim within 6 months and must be sued within 1 year. These limitations periods are provided for in the cruise contract, not in the Florida statutory law.

For cases outside of the criminal law venue, the Burden of Proof is with the party or person making the claim. In civil cases, such as cases involving personal injury, wrongful death, and business and commercial litigation, winning requires that your case be proved by a “preponderance of the evidence,” which means that over 50% of the believable evidence must be in the plaintiff’s favor.

Though the Burden seems low it should not be taken lightly. Adequate and thorough preparation on the part of your lawyers is necessary. Other types of cases might involve Burdens of Proof such as Clear and Convincing, or Beyond a Reasonable Doubt.

Many factors go into determining the value of a claim and to that degree there is no one simple answer to this question. Compensation for damages are sometimes governed by Florida law.

Monetary evaluations include the type and severity of injury as well as the impact of the injury, the review of jury verdicts and/or settlements for similar claims and injuries, and the professional experience of your lawyer.

For non-injury claims there is often a value based upon the circumstances of the claim or a value can be determined by a forensic accountant.

The time frame will vary for different cases, depending on whether the case can be settled out of court through negotiation, mediation or arbitration or whether a long protracted trial will be necessary to arrive at resolution.

If the case goes to trial, a trial date assignment is based on openings in the court’s docket and attorneys’ availability as well as the order in which our trial date request was entered in comparison to the number of cases that are waiting to be assigned trial dates.

Whether either side has entered an appeal after judgment may also affect the time frame of receiving a recovery. Injury cases are often not “ripe” to resolve until the full effects of any residual injury are known and determined.

Lawsuit avoidance is often in a client’s best interest because it keeps the costs and attorney’s fees to a minimum. Under most circumstances, investigation, claim presentation and negotiation are the first stage attempts to resolve legal disputes.

A pre-suit mediation may provide an opportunity to help resolve a claim. If a lawsuit must be filed in Court, “discovery” is the next stage, which involves exchanging evidence with the other parties and includes answering interrogatories and providing testimony at depositions.

After the plaintiff and defendant have both completed the discovery process, the case will proceed to trial. Either party may attempt to negotiate a settlement at any of the various stages involved in a claim.

Settlements, whether before suit or after, are far more common than trials in that they provide greater control to the client, with less cost and less time investment.

ADR or alternative dispute resolution is an alternative approach to trial where parties use mediation or arbitration to arrive at a fair settlement outside of court.

No Fee If No Recovery

RECENT CASE RESULTS

Amount Recovered: $1,250,000.00

Bicyclist struck by car; death

Elderly/retired pedestrian was struck from behind while riding his bike. The pedestrian was injured and came to Templer & Hirsch so we can fight for them in their case. The end result was a huge sum of cash for our client of over a million dollars.

Amount Recovered: $115,000.00

Rear End Auto Crash

Client was rear-ended while stopped in rush hour traffic, injuring his neck and knee. Our client didn’t need surgery and we were still able to get them over one hundred thousand dollars!

Amount Recovered: $750,000.00

Longshore

Dock worker injured at a port in Miami. We were able to settle the longshoreman’s case for around $750,000 which was way more than the longshoreman expected.

Amount Recovered: $6,000,000.000

Pedestrian struck; broken leg with surgery

School teacher attempting to board a City trolley was knocked to the ground, where her leg was run over. She underwent several surgeries in attempts to reduce and repair the fractures.
Personal Injury Lawyers
Personal Injury Lawyers

Personal Injury Law Firm

An experienced personal injury law firm can help you navigate the legal process and ensure that your rights are protected. Our law firm will investigate the accident, negotiate with insurance companies, and gather evidence to build a strong case on your behalf. We also provide you with guidance and support throughout the process, helping to alleviate some of the stress and uncertainty that comes with a personal injury claim.

Premises Liability & Slip and Fall
Premises Liability & Slip and Fall

Premises Liability & Slip and Fall Law Firm

Premises liability refers to the legal responsibility of property owners for injuries that occur on their premises. However, it’s important to note that just because an injury occurred on someone else’s property doesn’t automatically make them liable. In order for legal liability to attach, the injured party must prove that the property owner was careless or negligent in some way. This is known as “negligence liability”. Strict liability, on the other hand, is a legal term that refers to liability that attaches even in the absence of negligence or carelessness.

Car & Motorcycle Accidents Attorneys
Car & Motorcycle Accidents Attorneys

Car & Motorcycle Accidents Law Firm

We specialize in handling all types of motor vehicle-related accidents across Florida. Our expertise includes incidents involving motorcycles, buses, and cars, as well as rideshare services like Uber, Lyft, and Turo.

Longshore Injury Compensation Lawyer
Longshore Injury Compensation Lawyer

Longshore Injury Compensation Law Firm

At Templer & Hirsch, we specialize in helping injured longshore workers across the United States, including in key states like Florida, California, North Carolina, and Wisconsin. Our nationwide legal services focus on ensuring that you receive the workers’ compensation you rightfully deserve.

Defense Base Act
Defense Base Act

Defense Base Act (DBA) Law Firm

The Defense Base Act is a very specialized law that provides benefits to overseas employees working on American military bases for private employers or under public work contracts with the US government, including for national defense. The Act provides medical treatment and compensation to civilian employees injured overseas. We handle Defense Base Act clients internationally for claims.

Workers Compensation
Workers Compensation

Worker's Compensation Law Firm

Workers’ compensation is an insurance program that provides medical and financial benefits to employees who sustain injuries or suffer occupational illnesses on the job. For instance, if you work in a nightclub in Miami and experience hearing loss, you can receive compensation because it is considered a work-related injury. This system operates on a no-fault basis, meaning you don’t need to prove employer negligence to qualify for benefits. Instead, you only need to demonstrate that your injury or illness is job-related.

Miami & Aventura Medical Malpractice Lawyer​
Miami & Aventura Medical Malpractice Lawyer​

Medical Malpractice Law Firm

Medical malpractice is a serious issue that can profoundly impact patients and their families. It occurs when a healthcare professional fails to provide the appropriate standard of care, resulting in harm to the patient. Understanding medical malpractice, recognizing the signs, and knowing the legal process can help patients and their families make informed decisions about their rights and options.

Tourist Injuries and Accidents
Tourist Injuries and Accidents

Tourist Injuries and Accident Law Firm

Our firm specializes in handling personal injury cases for tourists who have suffered injuries due to accidents, negligence, or unsafe conditions while visiting. Whether it’s a slip and fall at a hotel, an injury on a guided tour, or an accident during a recreational activity, we are dedicated to helping tourists recover the compensation they deserve, ensuring a swift and fair resolution to their claims.

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