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Knowing how much your auto accident case is worth
Knowing how much your auto accident case is worth
When one gets into a car accident, several unwanted consequences will be experienced. Accidents always lead to permanent injuries which might affect your future earnings. And by that, loss of quality of life is met.
It is hard to avoid accidents. Even if you are careful with your driving, there are some other drivers out there who are just heedless of their ways.
Also, certain factors may cause this undesirable situation. Negligence is the main cause of road accidents which may lead to fatal injuries or death.
When these mishaps happen, it is important to contact a lawyer to help you in filing the case.
You might be asking, ”What is my auto accident case worth?”
If you are struggling with the answer, then this page will guide you with that.
Common Causes of Car Accidents
It sounds boundless hearing out the causes of vehicle accidents. There are many variables with these. It is with the police’s job to define the cause of the collision to know who is at fault. Here are some of the common causes of car crashes:
1. Human Error
Human error is the major cause of road accidents and even the worst part. Of course, drivers must take the responsibility when they are on the road, yet there are some who just ignores it.
2. Distracted driving
When a person drives and is being distracted with gadgets and gizmos, then this will increase the probability of a collision to happen. This is because drivers cannot focus on the road as they are busy texting or calling someone. There are also those who keep on driving and are still applying makeup because they already have a few minutes left before arriving at work. Multi-tasking is good but not on the road.
3. Medical conditions
Medical conditions such as stroke, seizures, heart attacks, and even by falling asleep on the wheels can cause a lot of trouble on the road. Serious accidents may happen here, especially when the driver loses consciousness. When drivers are feeling ill, it is best to just stay at home and rest.
4. Driving Under the influence
It is wrong for a person to drive while under the influence of drugs or alcohol. Many fatal accidents happen because of this one simple thing. This is because when a person is not on his clear mind, it puts the much greater risk of having a road accident.
5. Not knowing the laws
For new drivers in a new area, it is not good to ignore the law. Everyone should gather proper knowledge when they are in new places to prevent disrupting situations. Another thing is for those who do not know how to drive. While this person is handling the wheel, it puts a higher risk of road mishaps.
6. Mechanical Failure
Sometimes, mechanical failure strikes as the cause of a road accident. There are various reasons as to why this happens. Whether it is out of control or not, accidents will always be accidents and they can ruin someone’s life.
7. Defective traffic lights
Faulty traffic lights put vehicles at a greater risk of accidents. This commonly happens to individuals who are not familiar with the area, particularly when running through an intersection.
8. Vehicle maintenance failure
Regular maintenance is necessary. There are drivers who keep on checking their vehicles before getting on the road just to be sure. It is the responsibility of vehicle owners to check, care, and maintain their cars to get rid of road mishaps.
9. Fault of the manufacturer
Although this is not common, some causes of car accidents happen on the manufacturer’s side. This is because of how the car was mistakenly built. For drivers of new cars, it is essential to check out any problems with the vehicle. When something is wrong with it, then you have the right to get back to the manufacturer and have the problem repaired.
10. Weather Related
Sometimes, the weather takes in the control of accidents. This happens during heavy rain, thick fog, high winds, and slippery roads. It’s best to just stay at home when the weather is not good than driving out your car to prevent accidents from happening.
Common Car Accident Injuries
There are around more than 3 million people who are injured each year because of car collisions. The result of their injuries typically varies to each collision’s circumstances. And by that, the most typical damages people suffer are:
1. Head Injuries
For head injuries, they sometimes are taken as minor but also severe. Victims need to be rushed to the hospital after an unexpected crash. When the head hits something or when it experiences abrupt or unnatural movement, then it will most likely cause muscle strains to both the back and the neck. With how serious the impact is comes scraping or lacerating the head. Even if there is no blood seen on the head, immediate medical attention is right away required.
2. Chest Injuries
Chest injuries usually take the form of contusions. But sometimes, they can be more serious such as internal injuries and damaged ribs.
3. Cuts and Scrapes
During car crashes, any loose object in the car will directly be thrown about the interior which then hits the body, hence, cutting or scraping your skin. It is with these cuts and scrapes which may cause blood loss.
4. Soft Tissue Injuries
This type of injury is damaging the connective tissue found in the body such as the tendons, muscles, and ligaments. But of course, soft tissue injuries take up in many forms such as strains, sprains, whiplash, and contusions.
5. Arm and Leg Injuries
Both your arms and legs have extremely little room for movement. When accidents occur, it may cause damages to these body parts. But the level of injury depends on the collision’s strength.
Factors to See In the Case
It is a tough situation to be involved in a vehicle accident. You might not know what to do or you may have trouble thinking about who to look for. When car accidents happen and you are involved with it, it is best to understand how you deal with it.
Here are some of the factors you need to see for the accident’s case.
– Knowing who is at fault.
The most important factor when it comes to car accident claim is the one who is at fault. This helps you have a practical claim against the insurance company of the driver. There are things which are rightly done here. To help you determine who is at fault, then the traffic crash report will help you with that. This is where a law enforcement representative will gather and present all the facts he acquired during the accident. With those facts, it is easy to recognize which one is at fault.
– Knowing who was injured in the accident.
Some injuries only need minimal treatment while others require serious ones. It is with the injury’s level which may affect the case as medical costs are all associated with it.
– Looking up for clear evidence to use.
Clear evidence, this is what every plaintiff need to fight for their case. The more evidence there is, the better your lawyer can help with the case. It is much easier to win the case when evidence is clear. Some examples of these pieces of evidence are the police’s report, photos of those vehicles involved in the collision scene, information from an eyewitness, and details taken from the other driver.
The Drivers Duties
Drivers are required by the law to apply reasonable care when they are on the road to avoid accidents. This is why requirements are provided to be worked out and studied by either new or experienced drivers. Whenever the driver fails to meet these prerequisites, then he may be found to be breaching their duty.
The work of a reasonable speed.
Maintaining the car’s control.
The right lookout to be wary about.
Proper use and maintenance of equipment.
When it comes to motor vehicle laws, drivers are expected to be proper in handling their vehicles. And by that, when these laws are disobeyed, will give them a negligence presumption. When this happens, the defendant should, in any case, present any evidence to the plaintiff to prove that he is not negligent.
Knowing What the Damages and Pain and Suffering Are Worth
It is a real challenge when you are suffering after a car collision. And with that, there are factors you need to see when setting a claim value. Although there is no exact formula for your accident’s worth, these factors can help you determine the case’s value. This typically applies to both the settlement and the decision of the trial and jury.
1. Damage to the vehicle
It is the job of the insurance company to evaluate the damage to the vehicle. This is done to assist with the value of the injury claim. If your vehicle only obtains a little damage, then the insurer will argue about your injuries.
2.Coverage of the insurance
It is with the at-fault driver’s insurance coverage which helps you in the compensation amount you may expect for your injuries. Although the taken policy limit serves as a cover on the settlement, still, a lawsuit will go to trial. But you cannot take everything. Even if the jury may provide you that explicit amount which exceeds the defendant’s insurance policy limits, still, he needs to acquire adequate personal resources for the judgment.
3. Medical expenses
Any medical care being received for the cure of your injuries is all included with the damages. And by that, the total amount is calculated, which is then added to the other charges.
4. Pain and suffering
This includes both the pain and discomfort you are experiencing after the incident. But it does not only cover up the physical side but your mental and psychological areas as well – which include fear, anxiety, depression, and post-traumatic stress disorder.
5. Lost earning capacity
It is difficult to cope after a car collision, especially when you have suffered so much pain. Your income which is lost and will be lost are already counted as compensatory damages.
6. Loss of quality of life
For serious injuries, it may cause a person’s loss of happiness and enjoyment. This is because they can no longer function properly. This also brings the impact of their relationship towards spouses. When the injury you got from the accident already affects your capability to work or to do activities, then you are entitled to be compensated for it.
7. Calculation of the Break-Even Point
When talking about the break-even point, this is the amount the victim may receive when the case goes to trial. This is in line with comparative negligence, litigation expenses, and the risk of losing. The damages which the jury awards to the trial’s conclusion. The lawyer will calculate the award of damages completed by the jury.
Here are some of the components which the legal professional takes in:
The entire lost wages amount starting from the trial’s date.
Medical expenses such as pharmacy costs, physical therapy, and other related healthcare budgets.
Future medical costs for the suffered injury.
Value of the wage loss in the future.
Emotional distress and loss of quality of life.
Coping expenses when an injury is permanent.
The jury’s assessment of comparative negligence.
It is with the jury’s job to identify the driver who is involved with no negligence. And by that, it is the job of the lawyer to estimate how the jury may evaluate any comparative negligence. They work with it by eyeing over the jury’s verdicts to comparable cases in the past.
The specific odds of losing.
The attorney will see the risk put by the jury when the fault is placed on the injury victim. When this happens, then the victim will never get anything. But when the victim wins the case even when he is at fault and the defendant was found to be a little at fault of the mishap, then the lawyer will calculate the percentage of damages which the defendant holds. But when the victim holds 50/50 chance of having the entire fault, then the value here will be deducted to around 50% which is the odds of losing.
The cost of the case when it goes to trial.
Even if the case goes to trial or not, there are expenses which need to be sustained. It is expensive to have the case go to trial before expert witnesses are costly. These experts are professionals who can prove any fault or damages caused by the accident. When it comes to the calculation of the break-even point, it thoroughly needs someone who is keen and well-experienced with the job. Also, that professional should be aware of how the juries may take up decisions on the case. This is why a lawyer is needed to help both plaintiff and defendant.
When More than One Person Must Be Blamed for the Injury
There are accidents in which more than one person is taken at fault. If both you and the other driver are negligent, then both of you are at fault for the incident. This then drivers the factors of the types of Negligence which include:
Comparative Negligence
This involves with the fault’s amount that belongs to each of the party causing the accident. When this happens, each party may collect an equal percentage of the fault, thus, bringing them to receive equivalent damages.
Contributory Negligence
This speaks of you contributing to your own injury. With this system, no matter what percentage you hold for the fault, you can never collect any compensation from the other party who exceeds the percentage you got, no matter how small it is.
When Working With an Insurance Claim
When it comes to an insurance claim process, it is necessary to find and work with a car accident lawyer here, especially when:
You have no knowledge in evaluating the claim.
The liability is either not clear or is shared among the parties.
The adjuster wishes for medical records you have prior to the incident.
You are not at ease in discussing a settlement.
The adjuster is giving a settlement.
You hold a lost wages claim which you cannot verify.
Before you talk to an insurance adjuster, it is important to contact a lawyer first. It will save you from creating any statements to the adjuster which might just ruin your claim.
The Need for an Attorney
It is best to hire a lawyer to help you with your car accident case. And with this, you need to find a good one who is experienced to assist you in recovering losses and working with insurance claims. But choosing a lawyer is not easy. You need to be extra careful here as what you are working with is a serious case. To help you with that, here are some things you need to know before hiring such professional.
Do you really need a lawyer?
Being involved in a car accident which causes your painful injuries is difficult. And by that, hiring a lawyer can assist you with the case. There are a lot of things that these professionals can do and be defending your case is just one of their responsibilities. With this, choosing a proficient and experienced lawyer will help you get all the suffered damages lost such as repairs, gone wages, and medical costs.
The Things You Need to Look For
You may file a lawsuit on your behalf or get an attorney to help you with it. It is best to contact a lawyer right after the incident to avert expensive mistakes which may add harm to the damages. The earlier you call a lawyer, the lesser expenses you will face. When choosing an attorney, it is essential to keep track of their qualities. Of course, it either makes or breaks your case.
Focus
A lawyer who is thoroughly focused will never juggle things at once. He works with cases one on one. It is important for this professional to concentrate one case at a time so as not to be confused. Handling cases is a serious and complex task and should be taken with prodigious responsibility.
Reputation
An honest lawyer is what you need. Checking out his background and reading out some reviews will help you identify his reliability. Of course, if you have a reputable attorney, then he can properly help with the negotiation process with those insurance companies.
Experience
An experienced lawyer is someone you have to work with. The more years such professional has been handling car accident cases, the easier it is to trust him, more specifically when you have eyed over those wins.
Characteristics
Be sure to choose an attorney who you can get along with. Aside from that, you must also check out the professional’s skills dealing with judgment, communication, analytical, research, and people.
Some Questions to Ask the Attorney
It is wrong to hire a lawyer immediately without even asking some questions. Getting detailed information about him is essential to identify if he can really help you with the case. For these questions, you need to focus on the length of his practice, his experience, how much involvement is projected on your part, how he can handle your case, how he keeps you updated, and how he provides fair fee arrangements.
Here is a list of seven questions to ask before hiring a Personal Injury Lawyer.
1. How Much Does the Attorney Charge in Fees?
Fee arrangement needs to be understood. But you cannot guess how much work is needed for this case. This is why it is vital to discuss it to the lawyer. Typically, these professionals will take either a no win-no pay bases or a personal injury settlement percentage fee.
2. A Striking Decision
Right after meeting and talking to the lawyer, the decision comes up next. With this, you need to rate the professional according to comfort, communication, experience and capability, and projected fee arrangement.
In The End
Knowing how much the accident is worth can be affected by each driver’s conduct. If you are the one bringing a lawsuit, then you need to prove to the defendant regarding his negligence.
If the collision is partly your fault, then the insurance company will lower the settlement. This is where the jury may be found to be in approval of the defendant. But aside from that, they may decrease any possible award through your fault. Whether it is your fault or not, hiring a skilled lawyer is still the best help you can find.
An experienced auto accident attorney will lighten your burden.
The period between Memorial Day and Labor Day is historically the most dangerous time of year for teen drivers. Some research shows up to 30% of all teen driving fatalities occur during the summer months. Teen drivers lack experience, and the summer months provide multiple reasons for increased risk. Not only is there more daylight and warmer weather, but most teens are out of school and have more free time to be behind the wheel. Here are five safety tips for your teen driver to practice, not just in the summer months but all year long. 1. Avoid Distraction . Research shows as high as 60% of all teen vehicle crashes involve driver distraction. One common misconception is that cell phones are the number one cause of distraction for teen drivers but that is actually not the case. Other passengers create more distractions for teen drivers than any other source. 2. Buckle Up . It is discussed so often that it may seem trite but seatbelt use is proven to reduce fatality rates in motor vehicle accidents. but data shows buckling up can reduce the risk of fatal injury by as much as 45%. 3. Impaired Driving . As high as 15% of all teen driving fatalities involve a blood alcohol content of more than twice the legal limit. 4. Limit Passengers. Most states, including Alabama, have graduated license laws restricting the number of passengers in vehicles operated by teen drivers. Literally all available data associates fewer passengers with lower fatality rates in motor vehicle accidents involving teen drivers. 5. Reduce Nighttime Driving. The fatal crash rate of 16-19-year-olds is nearly 400 times higher at night than during the day.
Identity theft affects millions of people each year and can cause serious harm. Protect yourself by securing your personal information, understanding the threat of identity theft, and exercising caution. Here are 10 things you can start doing now to protect yourself and your loved ones from identity theft: Protect your Social Security number by keeping your Social Security card in a safe place at home. Don’t carry it with you or provide your number unnecessarily. Be careful when you speak with unknown callers. Scammers may mislead you by using legitimate phone numbers or the real names of officials. If they threaten you or make you feel uneasy, hang up. Create strong, unique passwords so others can’t easily access your accounts. Use different passwords for different accounts so if a hacker compromises one account, they can’t access other accounts. Check out the Federal Trade Commission’s password checklist for tips. Never give your personal or financial information in response to an unsolicited call or message, and never post it on social media. Shred paper documents that contain personal information, like your name, birth date, and Social Security number. Protect your mobile device from unauthorized access by securing it with a PIN, adding a fingerprinting feature, or using facial recognition. You can also add a password and adjust the time before your screen automatically locks. Regularly check your financial accounts for suspicious transactions. You can also request and check a free credit report from each of the three credit bureaus every year: TransUnion , Equifax , and Experian . Avoid internet threats by installing and maintaining strong anti-virus software on all your devices—including your mobile device and personal computer. Use a virtual private network (VPN) to stay safe on public Wi-Fi. Do not perform certain activities that involve sensitive data, like online shopping and banking, on public Wi-Fi networks. Protect yourself on social media by customizing your security settings and deleting accounts you no longer use. Also, double-check suspicious messages from your contacts, as hackers may create fake accounts of people you know. Never click on any link sent via unsolicited email or text message—type in the web address yourself. Only provide information on secure websites.
Every accident case is different. Some settle more quickly than others. However, it is not uncommon, for a personal injury case to take a year or more to resolve after the case has been filed in court. Evaluating the Injury Prior to filing a lawsuit, it takes time to determine the full extent of your injuries. Doctors are often unable to give an opinion about the seriousness of an injury until your condition has stabilized. In serious injury cases, it may even take a year after the accident before your doctor can say whether or not your injuries are permanent. It is extremely important to take the necessary time to fully evaluate your injuries. You have only one chance to prove the extent to which you have been harmed. Once you accept a settlement offer, that decision is final. You cannot go back and ask for more money if you later find out your injuries are more serious. An experienced personal injury attorney knows how to keep your case moving through the legal system. Your personal injury case may move through these stages: 1. Written Discovery The written discovery period can last over six months. You will be asked to answer written questions (interrogatories) under oath. You will also be asked to produce documents or authorize others to produce documents such as accident reports and medical records. 2. Depositions During a deposition, you will be asked questions under oath. A court reporter types a record of everything that is said. Not only will you be questioned about the accident and your injuries, you will be asked questions about what your health, education, and work were like before the accident. 3. Mediation and Settlement The Court almost always requires a settlement conference or mediation before personal injury cases can go to trial. At mediation, a neutral trained mediator goes over the issues and evidence with the parties to help guide them toward a settlement agreement. 4. Trial If your case does not settle and goes to trial, a jury decides what your injury is worth. It can take eighteen months or longer to get the trial scheduled. Once the trial is over, there may be further appeals and motions. It's possible for the parties to settle the case during trial or even after trial in order to end an appeal. Your best strategy is to contact an attorney with experience in handling personal injury cases. Your attorney can give you an estimate about the length of time it takes to resolve your type of case. Also, ask your attorney to give you frequent reports on the status of your case so you know that your case is making its way through the legal process. It's understandable that you may be frustrated at the speed your case seems to be moving. However, you should never rush to take the first settlement offer made by an insurance company. The first offer is rarely your best settlement offer. .
Distracted driving has been on the increase for the last several years and continues to be one of the leading causes of vehicle accidents throughout the United States. If you are texting and driving down the highway at 55 mph, that’s like traveling the length of a football field with your eyes closed. You can only drive safely when your full attention is on the road. Any activity that isn’t related to driving is a potential distraction and increases your risk of a collision. While most research points to a mobile phone as the number one culprit, it is far from the only activity potentially stealing a driver's attention. Eating or drinking, grooming, radios, other passengers - especially children, and even pets can also be significant factors. Distracted driving accidents are preventable 99% of the time. Driving can become mundane at times, but we all must remember when driving we have an obligation to the safety of not only ourselves but those who ride with us and other drivers we share the road with. Some studies show listening to podcasts or certain types of music can enhance our concentration. It’s important to practice safe habits behind the wheel. You want to make sure that your passengers know how serious you are about driving without distractions. One of the most effective ways to lead is through example. Be a good example for your friends and family by avoiding driving while you’re distracted.
We see this question all the time. The injured party doesn’t want to use their own health insurance to pay for an injury. They believe it is the responsibility of the person at fault to pay for their medical bills. That may feel like the right position for an accident victim to take but the truth is, most of the time the injured party will end up with a larger settlement if they do, in fact, use their own medical benefits. Here's why; Health insurance companies have a negotiated price for medical services that is about 15 percent less than what people have to pay who don’t have health insurance. If your medical bills are $50,000.00 but Blue Cross Blue Shield pays $15,000.00 and the person who caused the wreck has $50,000.00 in liability coverage, that leaves $35,000.00 available for the injured party versus $0.00. Generally speaking, Blue Cross Blue Shield will reduce the $15,000.00 to $10,000.00 leaving $40,000.00 available. The point is that there’s more money available when you take advantage of your healthcare negotiated rates whether it’s United Health Care, Medicare, Medicaid, or Blue Cross Blue Shield. More money is better. Using your health insurance to pay your medical bills if you are injured, will almost always end up maximizing your settlement.
Once you reach the age of 65 you have many more options than before. As you know if you go on Medicare and you are under the age of 65 your options for health plans are limited. When you turn 65 you will have another open enrollment period to sign up for any plan you wish to get. In other words, just because you are already on Medicare does not prohibit you from having all the options a person not on Medicare and turning 65 would have.
This is one of the questions we get asked the most. In most cases, the answer to this is “no”. When you turn 65, if you are still working and on your employer’s health insurance plan you probably will not need Medicare Part B. I say probably because most employer plans do not file on Medicare if you have a claim. Because you have to pay a premium for Part B, Medicare does not require a person to sign up for Part B as long as you are on your employer’s plan. Also, because the rules can differ for companies with less than 20 employees, the safest thing to do is check with the benefits coordinator at your place of employment for guidance or call us at our office.
Social Security: 3 main reasons why the Government can deny Disability Benefits
For many working Americans, when the unexpected happens and they can no longer work due to a serious medical condition, Social Security Disability Insurance (SSDI) benefits can be a financial lifeline. Most American workers contribute to Social Security through federal payroll taxes. Social Security is designed for income during retirement years however if an individual’s working years are cut short by a severe, long-term illness or injury, they may need income before reaching retirement age. For many who find themselves in these circumstances SSDI provides monthly financial assistance. Seven facts every American should know about the SSDI program 1. SSDI is coverage that workers earn. If an individual has paid enough Social Security taxes through their lifetime earnings, SSDI is intended to provide support by replacing some of their income when they become disabled and unable to work. 2. The Social Security Administration (SSA) has a strict definition of disability. The SSA considers a person disabled if they can’t work due to a serious medical condition that is expected to last at least one year or result in death. SSDI is intended as a long-term solution and is not intended to offer temporary or partial disability benefits. 3. Disability can happen to anyone at any age. Serious medical conditions, such as cancer and mental illness, can affect the young and elderly alike. Studies prove one in four 20-year-olds will become disabled before retirement age. As a result, they may need to rely on Social Security disability (SSDI) benefits for income support. 4. SSDI payments help disabled workers to meet their basic needs. SSDI is not and was never intended to be a full wage replacement. The average monthly Social Security disability benefit is $1,280, as of April 2021, which is intended to allow an individual who has become disabled to meet their basic needs. 5. Social Security works aggressively to detect and prevent fraud. Every American worker who pays federal taxes invests in SSA. The agency is committed to protecting their investment by taking a zero-tolerance approach to fraud. The agency claims a fraud incidence rate that is a fraction of one percent. 6. SSA helps people return to work without losing benefits. Often, people would like to re-enter the workforce. However, many worry they will lose disability benefits if they try working again. They may also fear losing benefits if they are unsuccessful in returning to work. The agency has many programs designed to connect an individual to free employment support services while helping them maintain benefits, such as health care. 7. Millions of disabled Americans depend on SSDI benefits. Nearly 10 million disabled workers and their spouses and children receive benefits through SSA.
A circuit judge in Sarasota ruled Monday that the verdict in a legal malpractice case against the Morgan & Morgan law firm should stand. The judge also denied Morgan & Morgan’s motion for a new trial and another motion to reduce the $5 million award determined by the jury. Attorney Donald St. Denis of St. Denis & Davey in Jacksonville, who represented the plaintiffs in the malpractice lawsuit, said Friday he has a hearing scheduled Tuesday in Sarasota on a motion to award his firm $1.6 million in attorney’s fees and costs. “We’ve been working on this for two years. I’ve got a ton of time in this case,” he said Friday. St. Denis made offers on behalf of his clients in August 2016 and again in January 2017 for $2.5 million and $4 million, respectively, to settle the malpractice suit before going to trial, but Morgan & Morgan’s counteroffer was only $1,000, he said. Morgan & Morgan intends to appeal the jury’s verdict. John Morgan “This case is a long way from over,” John Morgan said Friday in an email response. “We defended this case because we think we are right. And we will continue fighting it because we still believe we are right. We fully expect to win outright on appeal and have a judgment in our favor entered by the appellate courts.” St. Denis represented Shawna and Rock Pollack in the malpractice action related to Morgan & Morgan’s handling of a personal injury case the couple filed after their child was permanently injured during birth. On Oct. 17, a jury in circuit court in Sarasota County found that Morgan & Morgan attorney Armando Lauritano was 100 percent responsible for Shawna and Rock Pollock losing their rights to a medical malpractice claim against a Sarasota obstetrics practice, a nurse midwife and the hospital where their child was born. The case began Nov. 2, 2006, when Shawna Pollock was admitted to Sarasota Memorial Hospital to give birth. After she was given a hormone to induce labor, the unborn infant began to experience slowed fetal heartbeat and Pollock began writhing in pain. By the time an emergency cesarean section was performed, Pollock’s uterus had ruptured, depriving the fetus of oxygen, which caused permanent brain damage. After the birth, the Pollocks contacted Morgan & Morgan. An investigator from the firm met the couple at Ronald McDonald House, where they were staying while their infant son was in All Children’s Hospital in Tampa. On Feb. 17, 2007, the Pollocks agreed to be represented by Morgan & Morgan. They agreed to pay the firm up to 40 percent of a recovery up to $1 million, 30 percent between $1 million and $2 million and 20 percent of recovery in excess of $2 million. St. Denis argued to the jury that Morgan & Morgan was focused on collecting a large fee for the child’s brain injury claim to the point that its representative failed to provide the required presuit notice of claims for injuries sustained during the delivery by Shawna Pollock, including that she no longer is able to have children. After it became clear that the baby would qualify for no-fault benefits from the Florida Birth-Related Neurological Injury Compensation Association, and after the statute of limitations period for submitting notice the Pollocks intended to seek compensation for their personal loss had expired, Morgan & Morgan withdrew from representing the Pollocks. The jury found that the OB-GYN practice, the nurse midwife and Sarasota Memorial Hospital were negligent in the care of Shawna Pollock. The medical practice and nurse midwife were found by the jury to be liable for $4.5 million in damages and the hospital was found liable for $500,000 in damages, if the Pollocks had not lost their rights to sue for damages. In its $5 million verdict, the jury further found that Lauritano was negligent in his handling of the Pollocks’ interests, that the Pollacks did not freely and intentionally give up their right to seek compensation from the physicians and hospital and that Lauritano was liable for the loss they incurred. original article https://www.jaxdailyrecord.com/article/court-upholds-dollar5-million-malpractice-verdict-against-morgan-and-morgan