Miscellaneous FAQs

Information on Florida Law

The Gainesville attorneys at Warner, Sechrest & Butts have comprised a list of basic FAQS to assist you with your legal proceedings .

Do I have the right to a legal claim?

Yes. If your rights have been violated in any form, you have the right to file a legal claim. Visit our Gainesville law firm for a case evaluation so that we may discuss what options may be favorable for you.

Does my case require an attorney?

There is a high chance that your case requires the experience and skills of a Gainesville lawyer to be successful.

How much is my case worth?

When representing you, attorneys in Gainesville, FL will consider a variety of factors to determine the value of your case. Based off of the extent of your injuries and expenses, we will work with you to derive a numerical range to negotiate with the opposing party.

What is a contingency fee?

Most law firms operate on a contingency basis. A contingency fee is a payment that you provide to an attorney from your settlement award. You only afford contingency fees if and when your case is successful.

If I lose, who will cover my expenses?

If your case is unsuccessful, you will have to seek alternative methods to afford your expenses. It is possible to attempt to appeal the court’s decision. If you decide to go the appellate route, you should visit our Gainesville law firm as soon as possible to figure out what went wrong with your first case and to develop strategy. Otherwise, you will be responsible for covering your expenses on your own (or relying on your insurer).

Will I have to go to trial?

Possibly. Your Gainesville lawyer will make attempts to convince the opposing party to close or settle the case. However, if the opposing party is unwilling to compromise and reach an agreement, your case will go to trial.

Is it best to file a lawsuit?

It depends. We usually advise our clients to make an initial attempt to settle. Settling out of court is a much simpler process than going to trial. However, if you have experienced serious incidents or injuries, a lawsuit may be best.

If the opposing party in your cases refuses to enter into a settlement agreement with you, filing a lawsuit is always the appropriate action. Speak to our Gainesville attorneys to learn how filing suit works and to determine if a lawsuit is necessary for your particular case.

How does a statute of limitation impact my case?

Every state has a statute of limitations that dictate the period of time that you may have to file a claim or lawsuit. It is important to be knowledgeable of the statute of limitation that governs the area of the claim that you wish to pursue. Failure to take legal action within the designated time window will forbid you from ever gaining compensation for your case.

Do statutes of limitations vary?

Yes. Statutes of limitations vary across different states. There are also different statutes of limitations for different types of legal issues.

Are there any benefits to settling out of court?

Absolutely. Settling out of court allows for a smoother process. Through negotiations and other private meetings with the at-fault party, you can obtain a favorable settlement without the hassle, publicness, and tensions that is often associated with traditional court proceedings. It is normally the goal of lawyers to settle a case in order to prevent it from going to trial.

What type of damages am I entitled to?

If you case is civil, you may not be eligible for punitive damages. However, you are likely to qualify for both economic and noneconomic damages. Recovery of noneconomic damages, such as loss of companionship and pain and suffering, are very much accessible. Economic damages will cover medical expenses, unemployment and other fees associated with a particular incident.

Is it possible to recover attorney fees?

It is not common for attorney fees to be recovered. In fact, the only way that attorney fees are recovered as a damage in a case is if the client enters into a contract agreement that explicitly requires the opposing party to afford legal fees.

If you are unable to enter into such type of contract, you can rest assured that if your case wins, you will receive enough funds to cover your attorney fees.

How does arbitration work?

Arbitration is a legal process that allows you and opposing parties to meet regularly to arrive at a governing solution. During arbitration, each party has the opportunity to present information and evidence to a third party for review during private sessions. The third party, or the arbitrator, then makes a decision on the issues at hand. The parties involved are required to follow the solution set forth by the arbitrator. In a sense, the arbitrator adopts the role of a judge.

What is litigation?

Litigation refers to the traditional legal method that is relied upon in traditional court proceedings. The process of filing a lawsuit is considered a part of the litigation process. When an attorney advocates on behalf of his/her clients, it is known as litigation.

What is the collaborative law process?

The collaborative law process enables you to play an active role in the identification, discussion and solution of issues with an opposing party. Collaborative law calls for opposing parties to meet regularly in order to craft an efficient solution together. The collaborative law process is a sound way of securing business and family relationships, as well as overcoming obstacles.

Is it possible for an attorney to settle my case without my consent?

No. In order to settle your case, attorneys need your consent. Without your permission, attorneys are not allowed to make such important decisions on your behalf.

How do I afford my legal expenses?

If your case wins, you can use a portion of your settlement proceeds to afford attorney fees. This is known as a contingency fee. Most law firms operate this way.

What expenses should I expect?

You should expect to afford basic attorney fees. Most firms charge for an attorney’s scope of work on your case and investigations. Before hiring a lawyer, be sure to ask him/her what type of expenses you should expect.

Did this information effectively address and respond to your concerns? If not, be sure to visit Warner, Sechrest & Butts for additional insight and guidance. We offer free initial case evaluations.