Florida Injury Lawyer Blawg
From horrific car accidents to slip and falls at vacation rentals, most people are unsure of what steps to take when embarking on the journey of securing compensation for the damages they have suffered.
Leesfield & Partners is a personal injury law firm that has helped tens of thousands of clients throughout the years who have been involved in a myriad of accidents. But how do they find us? The firm connects with clients via a variety of sources — other attorneys, word of mouth, or through the internet.
In today’s digital world, the internet is the first place most people go to seek information. It is important to note that many of the clients represented by Leesfield & Partners have suffered painful injuries that, many times, have required intensive surgery to correct. For them and their families, it may be weeks or months before the rollercoaster of hospitals and doctor’s visits has calmed down enough to enable them to sit at a computer to do the required research and find an attorney. For many clients, this is their introduction to the civil justice system and many of them come with questions and uncertainties.
While every case is different, the bare bones of a personal injury case can be broken down as follows:
- Investigation – An investigation conducted by your attorney is meant to gather facts and evidence necessary to evaluate your personal injury claim and identify who may be legally responsible. Your attorney may ask you to write down an account of what occurred on the day of your accident, asking you to recall even the most minute detail to ensure that no stone is left unturned. Documents such as medical records, witness statements, accident or incident reports will be gathered along with any surveillance footage in the area or insurance policies you may have. During this stage, attorneys investigate the circumstances surrounding the accidents, the nature and extent of your injuries, and all potential avenues of liability to identify those who may be responsible for your injuries and damages.
- Pre-Suit Demand and Negotiation – Before a lawsuit is filed, your attorney may attempt to resolve your claim through negotiations with the insurance company or other defendants that they have identified through their investigation. This may involve a demand letter that sums up the evidence they have gathered, explains the basis for liability and the details you have given them about the incident and your injuries. If the available insurance coverage is insufficient to fully compensate you for your injuries and the damages you have suffered as a result, your attorney may recommend making a demand for the applicable policy limits. This is when both parties may negotiate a settlement.
- Lawsuit/Discovery – If the case cannot be resolved via pre-suit negotiations, then you and your attorney may file a lawsuit against those who are responsible for your injuries. The discovery phase of a lawsuit is when depositions take place and each side has the opportunity to obtain information, documents and evidence relevant to the claims in the lawsuit. The insurance company involved in a personal injury case may depose you with the primary purpose of finding an argument to lower or eliminate a client’s grounds for recovery. A mediation before trial can be scheduled so that all parties may have an opportunity to come to an organized conclusion, led by a trained mediator for a fair resolution.
- Trial – Many cases are resolved before trial. When they are not, however, the facts of the case are presented to a judge and jury. Injured clients, friends, family members, managers of the property where the incident took place, and other key players may be asked to testify in court before a jury. After hearing the evidence, the jury determines the dispute and renders a verdict. Then, the judge enters a judgement based on the verdict and state law.
- Appeal/Post-Trial Motions – There are options after a trial is complete. Depending on the circumstances, either party may file certain post-trial motions or seek review by an appellate court. That is where the appeals process comes into play. The appellate court will review the trial’s court proceedings for any legal errors. Depending on the issues and related laws, an appellate court may confirm the judgement, reverse, or modify it, or send the case back to trial for further proceedings.
Leesfield & Partners: A Tradition of Advocacy
For 50 years, Leesfield & Partners has been a tireless advocate for the people our skilled trial attorneys represent. In that time, our attorneys have secured numerous record verdicts and settlements, some of which involved changing state law to improve safety practices. When the firm represented a family from Iowa exposed to carbon monoxide at a Key West hotel, the case got national attention. The family in this case was exposed to the colorless, odorless gas due to a faulty boiler room roof vent that leaked the lethal gas into their room.
Ira Leesfield, the firm’s Founder and Managing Partner, highlighted the dangers of carbon monoxide and was instrumental in the passage of Senate Bill 1822, which required carbon monoxide detectors in public lodgings and residential construction with fuel-burning heaters or attached garages.
Mr. Leesfield also represented the family of two teen sisters who embarked on a parasailing excursion, an industry that, at the time, remained largely unregulated.
This dedication, not only to the clients we represent, but to future victims of similar accidents, is what has set Leesfield & Partners apart from other personal injury law firms, earning is a reputation both state and nationwide. Our attorneys tenaciously pursue the best possible outcome in every case and diligently pursue all avenues of liability. In a recent motor scooter accident case, Partner Justin B. Shapiro and Trial Attorney Eric Shane did just that through creative lawyering.
“Our investigations are always relentless in cases with limited insurance coverage, and this case was no different,” said Mr. Shapiro. “The at-fault driver had only $10,000 in coverage, but we found a path to justice and turned this into a seven-figure case with creative and tenacious lawyering.”
A $1.32 million result was obtained for a Monroe County client who was hit by a driver who failed to stop at an intersection, causing an ankle fracture that required surgery. With only $10,000 in insurance coverage, Mr. Shapiro and Mr. Shane exhausted all avenues and discovered that the driver failed to see our client due overgrown vegetation on the property adjacent to the intersection, which obstructed visibility of oncoming traffic and is a violation of the City of Key West ordinances. It is the responsibility of the property owners to ensure that their foliage does not obstruct sidewalks and roadways and there are specific local mandates in place to prevent such incidents from occurring.
This is just one instance in which Leesfield & Partners has returned excellent results when there appeared to be little or no other recourse for our injured clients. Another instance of this tireless work ethic can be found in the case of a man who was tragically injured in a shooting. Already turned down by a prominent negligent security firm in Florida, our client turned to Leesfield & Partners dejected and believing that little could be done for him. Our attorneys were able to prove that the assailant responsible for the crime should never have been allowed on the property to begin with.
“The entire Leesfield & Partners team takes a personal approach to each case they are working on,” the firm said in a previous blog post. “Even though we do this day in and day out, it is the client’s only case and it is their most important case. We take that to heart and pursue each case as though it is the only one we have.”
Leesfield & Partners attorneys were able to secure a seven-figure settlement on behalf of this client, holding all responsible parties accountable for this horrific and preventable tragedy.
For more information about Leesfield & Partners and cases we have handled, head to www.Leesfield.com.
