The following are the questions most frequently asked by our new clients:

DO I HAVE A CASE?

A successful personal injury claim requires the establishment of three key elements: liability (duty and breach of duty), causation, and damages. In essence, you must demonstrate that the defendant owed you a duty of care, violated that duty, causing your injury, and that you sustained measurable damages as a result.

1. Liability (Duty and Breach of Duty):
   This element establishes that the defendant had a legal obligation to act with reasonable care toward you, and that they failed to uphold this duty. A breach of this duty can occur through actions or omissions that fall below the standard of care expected in the given situation.
   
   
2. Causation:
   This element connects the defendant’s actions (or failure to act) directly to the injury you sustained. It must be proven that the defendant's conduct was the actual cause of your injury, and that the injury would not have occurred had it not been for their breach of duty.
   
   
3. Damages:
   This element quantifies the harm or losses you experienced as a direct result of the injury. Damages may include medical expenses, lost wages, pain and suffering, and other associated costs incurred due to the injury.
   

The responsibility of proving your case begins as soon as you retain The Law Office of Frank DiCosola, P.A., to represent you. Since legal matters can take time to resolve, it is essential to begin gathering evidence immediately, as certain evidence may not be available by the time the case is ready for settlement or trial.

The first step in building your case is investigating liability. In personal injury cases, such as auto accidents, our team—either through a private investigator, or our attorney—will interview witnesses, document the scene with measurements and photographs, and preserve key details through video recordings. If necessary, we may also recreate the incident to further establish liability.

For cases involving technical or complex issues, such as accident reconstruction, architectural design, engineering, or economic impact, we may engage expert witnesses, including accident reconstructionist, architects, engineers, or economists, to provide critical insight to bolster your case.

All Personal Injury Cases Are Handled on a Contingency Fee Basis.

In personal injury matters, attorneys typically operate under a contingency fee arrangement, meaning they are compensated only if the client secures a settlement or verdict. The fee is a percentage of the client’s recovery, that is set by the state bar association. Basically, if no recovery is made for our client, we do not earn a fee.

What Is a Contingency Fee Agreement?

A contingency fee agreement is a legal arrangement in which a lawyer is compensated with a percentage of the client’s settlement, verdict, or jury award, contingent upon the successful resolution of the case. This means the lawyer only gets paid if they win the case, and their fee is taken directly from the gross settlement amount.

How It Works

Under this agreement, the client agrees to pay the lawyer a predetermined percentage of the amount they recover, either through a settlement, or a verdict. In the event that the client does not win the case, or settle out of court, the lawyer receives no payment.

Benefits for the Client

One of the primary advantages for the client is that they do not have to pay legal fees upfront. Additionally, if the case is unsuccessful, the client is not responsible for compensating the lawyer.

Benefits for the Lawyer

For the lawyer, a contingency fee structure offers the potential to earn a significant sum, if the client secures a large settlement, or favorable verdict.

There is no charge for costs or expenses to you if we do not obtain a recovery for you. The Law Office of Frank DiCosola P.A. will waive all costs incurred by our firm if we do not win your case. Upon successful resolution of your claim, The Law Office of Frank DiCosola P.A. is reimbursed for the actual costs and expenses out of your settlement.

The ideal medical professional to treat your injury or illness may be your family doctor, a specialist they refer you to, or, in some cases, an emergency room.

Many physicians are willing to accept health insurance, and some may agree to provide treatment with the understanding that payment will be made upon the successful resolution and settlement of your case. 

If you need assistance navigating your medical care options or finding a doctor, please feel free to consult with our team, who will be happy to provide guidance. Our office can locate medical facilities near you that specialize in your specific needs.

There is a strong likelihood that your case will settle without the need for a trial. However, achieving a settlement that is in your best interest requires strength—strength that comes from thorough preparation. From the moment you retain The Law Office of Frank DiCosola, P.A., we begin gathering evidence and building your case. This includes securing expert witnesses, both medical and otherwise, who can present your case in the most favorable light.

A well-prepared case, backed by solid evidence, is the best strategy for achieving a favorable settlement before a lawsuit is filed. In fact, approximately 95% of cases settle before a lawsuit is necessary, and around 99% of cases resolve after a lawsuit is filed, but before a jury delivers a verdict.

However, some cases may require trial. This typically occurs if the defendant refuses to settle, or if the settlement offer does not adequately compensate you for your injuries. In these instances, the case is usually tried before a jury, in the Florida county, where the accident or injury occurred.

If it becomes clear that a jury trial is imminent, you will spend time preparing with your attorney. As part of this process, The Law Office of Frank DiCosola, P.A., may conduct a comprehensive mock trial, to ensure you are well-prepared for the proceedings.