Will I have to go to Court?

Posted on September 29, 2025 by Phil Chanfrau

Most cases settle without going to court.  If you are afraid of "going to court" you can make that crystal clear to your attorney and he will honor your request, Most of the time.  Why can't  he guarantee you that you won't go to court? 

If you have the kind of case that is under an approaching deadline due to a  statute of limitations and your lawyer may be forced to file a suit or your claim will be barred.  Then you lawyer  would be guilty of legal malpractice. 

Most of the time I meet a new client and discuss the case.  It is obvious from the facts that the case should not go to court. What makes it obvious?  Here are some situations:

  1. The loss is so big and the amount of insurance is so low that the insurance company will pay up.
  2. The case is so weak and the injuries are so small that the case does not merit the time and effort.
  3. The client does not want to go to court.  If the statute of limitations is just around the corner I will not take that kind of case.

Insurance companies hire adjusters who specialize in settling accident injury cases.  Their job is to get you to settle a case for as little as possible.  They know what the case is worth.  Although there is no market price most skilled attorneys know what the likely settlement range will be.  There are lots of  "wanna be" personal injury trial lawyers who advertise that they are skilled.  Be sure to ask them when they had their last trial.  I've had 2 this year and a third coming up soon. 

Sometimes it makes a huge difference if your lawyer files a lawsuit.  Please don't be shy about asking me or another experienced civil trial attorney what the pros and cons are before you make up your mind.  Florida gives the client the final say on whether to settle or go to court.

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What Not to Do after an Accident

Posted on September 11, 2026 by Phil Chanfrau

 Some of my clients have learned legal lessons the hard way.  They have been denied benefits they were rightfully entitled to, or received significantly smaller awards because of avoidable mistakes.  Here are some things they did wrong:

1.  Some waited for years before getting legal advice.  They said they did not know if they had a claim and did not think to ask.  They did not want to be seen as "the type of person" who sues. As a result they blew their right to Medical Payments coverage, witnesses disappeared, and medical records were not kept to document their pain and other losses.

2.  Some did not tell their doctors about the accident which caused them to get hurt.  So, the doctors records do not back up the claim.  Or, they minimized their pain to please their doctor, and the doctor wrote weak reports.

3.  They quit treating with their doctor, or failed to follow his or her medical advice.  Gaps in treatment are rightfully seen as  "I'm not hurt".  Same thing with not following their advice.

4.  They gave statements  to  insurance adjusters because they did not know any better.

5.  They retained another law firm which was unqualified..  They were in the hands of a secretary who had no license to practice law and was overworked with hundreds of files. They finally got fed up and left wasting months or years of time.

6.  They took their cars to the body shop and got them fixed without ever taking photos of the damages, or worse:  their cars were totaled and then towed away to car heaven, where they were chopped into small pieces of metal.

7.  They signed a release for peanuts.

8.  They lost the names and contact information for witnesses.

I am sure there are other mistakes I could list.  Maybe my 40 years of experience will help you avoid mistakes which would hurt your claims.

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