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Dec
2023

Getting a Second Opinion on Personal Injury in Florida

on  Personal Injury

If you are considering a second opinion on your personal injury case in Florida, you might feel mixed emotions and concerns. As an accident victim, you’ve already been through a significant ordeal, and the path to seeking justice and compensation can feel overwhelming. It’s common to feel a sense of loyalty to your current attorney or apprehension about questioning their advice. These feelings are perfectly natural. You might worry about creating complications in your case or wonder if seeking another opinion reflects a lack of trust or satisfaction with your current lawyer. Please know that these feelings are valid, but also remember that your primary goal is to win your case and obtain the compensation you need – and deserve.

At the heart of these concerns is the fear of the unknown and the desire for reassurance that you’re on the right path. Seeking a second opinion is a good step for anyone who wants to feel confident in their decisions regarding their personal injury case.  It doesn’t mean you don’t trust your current attorney or believe someone else is better equipped to handle your case. It’s about giving yourself options and the freedom to choose what is best for you and your family. 

You deserve to get a second opinion on your personal injury case, and Florida personal injury attorney Prosper Shaked can help. 

Can You Choose a Different Attorney After a Consultation in Florida?

You must first understand that you are in charge of your case – you are the boss. A personal injury attorney works for you, and you can usually change your mind and hire a different lawyer, especially if all you’ve done so far is have a free consultation. While an experienced attorney brings their knowledge of the law and procedure to the table, the final decisions made in proceeding with any case are up to you.

The relationship between the client and attorney is essential, and trust is vital. You want to trust that your attorney is not only making the right decisions but that they are listening to you regarding your case.

Signs that a Second Opinion is Necessary in a Florida Personal Injury Lawsuit

Several indications indicate that a second opinion is necessary when consulting or hiring a personal injury attorney

  • Lack of Communication: One of the most common complaints to the Florida Bar regarding attorney conduct is the lack of or insufficient communication from an attorney. It is vital that a Florida attorney not only give you clear and concise updates regarding the progress of your case but they should also respond promptly to any telephone calls, emails, or letters you send. If you believe your attorney is not communicating with you effectively, this could signal that they are either overwhelmed with work or not giving your case the attention it deserves.
  • Can’t Give You an Estimate of Your Case’s Value: An experienced personal injury attorney understands the value of a case. While it is impossible to predict an exact figure, a knowledgeable lawyer should be able to provide a reasonable estimate of the range of value your case is worth. This is essential in deciding whether a settlement amount is proposed. If an attorney cannot provide an estimated figure, you might consider getting a second opinion.
  • Won’t Use Expert Witnesses or Investigate the Case: Often, personal injury cases like car accidents or slips and falls require more than eyewitness testimony and medical and police reports. To craft a successful personal injury argument, your attorney must rely on expert witnesses to testify to a jury or in preparation for your case. 

Prosper Shaked Accident Injury Attorneys PA understands expert testimony’s value and importance and is prepared to provide the experienced, authoritative, and convincing evidence necessary to prosecute your claim. If an attorney is unwilling or unable to employ expert witnesses, then you should discuss your case with another attorney.

  • Advises You to Settle For Too Little: Trials can be costly and time-consuming. Even worse, the outcome is never guaranteed – this is true for both the victim and the defendant. Often, personal injury claims are settled without the need to go to trial. As stated above, this decision on your part can only be intelligently made if you have a clear understanding of the value of your case. However, it is not uncommon for a defendant, especially an insurance company, to make an offer that is below the amount of the estimated range of value. If your current attorney is unwilling to press the matter at trial and advises you to take a personal injury settlement that is less than you deserve, you deserve a second opinion.
  • They Won’t Take Your Case: A law firm might not take your case in some situations. It is important to understand why that occurred. Some larger firms will only take a case if it meets a minimum potential award amount. Your case may have merit, but it may not be big enough for the firm to take. This sometimes happens if a firm is exceptionally busy and lacks the staff or attorneys to devote to your case. 

At Prosper Shaked Accident Injury Attorneys PA, we value every client who walks through our doors, and we do not decide the merits of a case based solely on its monetary value.

How To Get a Second Opinion After a Personal Injury in Florida

First and foremost, it’s important to recognize that seeking a second opinion is a smart and proactive step. Just like with medical diagnoses, getting another legal perspective can offer new insights, alternative strategies, or simply confirm that your current course is right for you. It’s about making informed decisions, which is crucial in personal injury cases.

Here’s what you should consider when seeking a second opinion in Florida:

  • Understanding Your Case: Be sure your new Florida personal injury attorney understands every detail of your case. This includes the specifics of the accident, any communication with insurance companies, and the impact of the accident on your life.
  • Comparing Legal Strategies: Different attorneys might suggest different approaches. Some might be more aggressive in negotiations, while others recommend a quick settlement. Understanding these differences can help you make a more informed decision.
  • Communication and Comfort: Feeling comfortable and confident with your legal representation is essential. Assess how the new injury attorney communicates and whether they empathize and understand your situation.
  • Experience in Florida Law: Ensure the attorney you’re considering for a second opinion is well-versed in Florida’s personal injury laws, as state laws can significantly impact the outcome of your case.
  • Cost Implications: Discuss any financial implications of switching attorneys or getting a second opinion. Understand how this might affect your case financially.

Remember, it’s your right to seek the best possible legal representation for your case. A second opinion can provide reassurance or open new avenues for your claim. Gathering all the information and opinions you can is important. However, it’s equally important to trust your instincts about what feels right for your situation.

Is it Too Late to Seek a Second Opinion in a Florida Personal Injury Lawsuit?

Every personal injury lawsuit is governed by a statute of limitations that limits the time frame in which an injured party can file a claim against the person or entity that caused the harm. If you were told it is too late to file your case, you must contact our office immediately. While it might be too late, there are situations where the exact date of your injury does not trigger the statute of limitations. 

One example is the “discovery rule,” which might extend your filing deadline if you do not reasonably know about the injury. It is not uncommon for the full extent of an injury to become known until months after the incident or accident occurred. Additionally, circumstances might exist that have tolled the statute of limitations, temporarily pausing the clock.

In this situation, getting a second opinion might also give you a second chance to explore your case and seek compensation. 

I Got a Second Opinion on My Florida Personal Injury Case: Now What?

So, you got a second opinion on your Florida personal injury case. Now, what do you do? 

After you get a second opinion, you must evaluate the information you received to make informed decisions for your case. 

Different attorneys might propose different approaches to your case. Some might suggest a more aggressive stance with insurance companies or the opposing party, while others might advise a more measured, negotiation-first approach. When comparing these strategies, consider which aligns best with your personal situation, comfort level, and desired outcome. Remember, a strategy that works well for one person may not be the best fit for another.

Legal language can often be complex and filled with jargon. Don’t hesitate to ask for clarifications on terms or concepts you don’t understand. A good personal injury attorney should be willing and able to explain things in a clear and understandable way. This understanding is vital, as it ensures you’re fully aware of what’s being discussed and its implications for your case.

Evaluating Potential Impact

Consider the potential outcomes of different legal strategies. For instance, some approaches might have a higher chance of a larger settlement but could take longer and involve more risk. Others might offer a quicker resolution but potentially with a smaller settlement. Reflect on what’s most important to you – the speed of resolution, the size of the settlement, or other factors.

Think about the long-term implications of the advice and strategies proposed. How will they affect your life, your recovery, and your future? It’s not just about the legal outcome but also your overall well-being.

Personal Comfort and Confidence

One of the most important aspects to consider is how comfortable you feel with the injury attorney’s approach and how confident you are in their ability to handle your case. You should feel that your Florida personal injury lawyer understands your situation and is committed to working in your best interest.

Don’t shy away from getting a second or even a third opinion if you feel it’s necessary. This can provide you with different perspectives and more information, helping you make a more informed decision.

In the end, evaluating legal advice is about gathering as much information as possible and then trusting your judgment. It’s about finding the right balance between professional guidance and personal circumstances. Remember, it’s okay to take your time to understand and decide. This is your journey, and your decision should ultimately align with what you believe is best for your recovery and future.

Call Our Florida Personal Injury Attorney for a Second Opinion to Review Additional Options

Your personal injury attorney works for you, and you should have complete faith and trust in their abilities. Prosper Shaked is a Florida personal injury attorney who brings extensive courtroom experience to your case. He understands the importance of trust and communication between his office and clients. 
If you are uncomfortable with your current attorney or want to see if different options are available, call Prosper Shaked at (305) 694-2676 to schedule a free, confidential consultation.