MERRITT LAW, P.A.
Mediterranea Office Park
690 South Tamiami Trail
Osprey, Florida 34229 941.953.4140
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A common question that many of you will have is, "What is my lawsuit worth?" No attorney can tell you during your initial conference what your lawsuit is worth. It typically is impossible to advise you as to the exact value of your case. However, the firm has provided some insight into the factors and other considerations hereinafter.
- The cases that you read about in the paper are generally important exceptions to money awards in lawsuits. If these cases weren't "different" (either very low or very high) then the media would not be interested in them. A case that many have heard about is the well known “hot coffee” spilled into a patron’s lap lawsuit. The jury award in that lawsuit made headlines throughout the country, but the fact that the judge reduced the amount of the award to a mere fraction of the jury verdict was not widely reported.
- No two lawsuits are exactly the same. Just because another person or entity settled for a certain amount or a judge or jury awarded a certain amount does not mean that you should recover or can recover the same amount.
- Most people who file lawsuits do not get every penny they want or every penny they deserve. Since the harm done is personal, no amount of money can make it "right" for you. Nevertheless, it is wise to keep your expectations realistic.
- The "worth" of your case will be determined in one of two ways—either by mediation or by trial with jury making the award or a judge (bench trial) making the award. In other words, the "worth" of your case is the amount you are willing to settle for (in mediation) or the amount that the jury decides that its worth.
- If we enter settlement negotiations or mediation for you, you make the ultimate decision as to whether you accept or decline the amount, but the firm will offer advice to you. Any advice given will be based on knowledge of the facts of your case (both for you and against you) and based on knowledge and experience. Settlement negotiations and mediation will not occur until a later stage in your case, when all the facts are known.
- The firm will not provide a guarantee as to the outcome or result of the case, because there are simply too many variables involved in a lawsuit to make any guarantee. Should you require a guarantee as to the outcome, you should use another law firm.
Hopefully, the above information is helpful to you. If you have additional questions, please do not hesitate to contact the Firm with any questions.
Most, but not all, of the text and information discussed hereinabove is derived from a publication of The Florida Bar provided by LOMAS.
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