Legal Question in Personal Injury in Florida

If a plaintiff in FL agrees to accept a very low monetary settlement for a personal injury civil case does this negate the other side from trying to impose their legal cost on this plaintiff?

Asked on 8/08/13, 4:47 am

3 Answers from Attorneys

Nick Ortiz Ortiz Law Firm

You must look to the settlement agreement, also called a release. Most releases will have language that each party is responsible for their own fees and costs.

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Answered on 8/08/13, 5:30 am

Barry Stein De Cardenas, Freixas, Stein & Zachary

It entirely depends on the facts of the case. If the settlement occurred after an offer of judgment was made and was for less than the offer, the other side may believe they have an entitlement to the fees/costs post offer. Your release agreement is the key to the rights and responsibilities of the parties just as Mr. Ortiz stated. Have the documents reviewed by a knowledgeable attorney.

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Answered on 8/08/13, 6:07 am
David Slater David P. Slater, Esq.

Generally yes.

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Answered on 8/08/13, 8:42 am

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