Daytona Beach Attorneys / Daytona Beach Attorneys - Medical Negligence /

Daytona Beach Lawyers - If Accepted

If we have accepted you as a client.

Once our Daytona Beach lawyers have received and reviewed all of the pertinent records, and have located a qualified physician expert to testify against the negligent health care provider, you will be asked to sign a contingency fee agreement. This agreement will govern the terms of our representation and clearly set forth our fee schedule. We cannot begin representing you until we receive the signed contingency fee contract and a signed statement of client’s right.

Florida Statutes prohibit our Daytona Beach lawyers from suing any health care provider without first sending notification by certified mail, return receipt requested, informing the defendant that we intend to pursue a claim. In order to even send that letter, however, we need to include an affidavit from a similar health care provider stating they have reviewed all of the pertinent records, that there exists sufficient grounds to support a claim for medical negligence, and that the negligence either caused or contributed substantially to the injury.

We, as Daytona Beach lawyers, must then wait 90 days for the doctor or hospital's malpractice carrier to investigate and evaluate the claim. During this time, our Daytona Beach lawyers are required to cooperate fully with the insurer and provide them with virtually any information they request within reason. You may be requested to give an unsworn statement which cannot be used later in court. We will be calling you from time to time, requesting more information as the insurer requests it of us.

Within those 90 days, they are required to complete their investigation, and then do one of three things: 1) deny liability (in which case they are required to provide an affidavit from another doctor stating his/her review of the records does not support a claim for malpractice), 2) make an offer to settle, or 3) offer to admit liability and request the matter of damages be submitted to an arbitration panel rather than to a judge and jury.  It is rare for any offers to be made in pre-suit, and inevitably, most claims are denied and a law suit becomes necessary.


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