HOW DO I KNOW IF I HAVE A CASE?

DEPENDING ON THE TYPE OF POTENTIAL CASE, MR. SEBRING IS IN THE BEST POSITION TO KNOW IF A LEGITIMATE CASE EXISTS.  THERE ARE MANY ASPECTS AND OR ELEMENTS TO DIFFERENT CAUSES OF ACTION AND MR. SEBRING WILL ASCERTAIN IF THE ELEMENTS CAN BE PROVEN GIVEN THE FACTS WHICH EXIST.

WITH REGARD TO WHETHER A CASE FOR MEDICAL MALPRACTICE EXISTS, MR. SEBRING WILL OBTAIN PERTINENT MEDICAL RECORDS AND DETERMINE IF A CASE EXISTS.  FREQUENTLY, MR. SEBRING HAS HANDLED A SIMILAR CASE INVOLVING A SIMILAR FACT SCENARIO AND HE WILL SHARE THIS INFORMATION WITH YOU.

WHETHER A MEDICAL MALPRACTICE CASE EXISTS, MANY TIMES HINGES ON AN INVESTIGATION BY A MEDICAL EXPERT.  THIS EXPERT WILL BE RETAINED BY MR. SEBRING TO REVIEW THE CASE FACTS AND CONSULT WITH HIM ON THE DETERMINATION AS TO THE EXISTENCE OF A VIABLE CLAIM.  MR. SEBRING HAS HANDLED A LARGE NUMBER OF MEDICAL MALPRACTICE CASES; HOWEVER HE IS NOT A MEDICAL EXPERT AND OFTEN DEFERS TO THEIR JUDGMENT.

 

DO I HAVE TO OBTAIN THE MEDICAL RECORDS?

NO, ONCE MR. SEBRING IS RETAINED BY THE CLIENT, MR. SEBRING REQUESTS ALL PERTINENT MEDICAL RECORDS NECESSARY TO INVESTIGATE THE CASE.

 

WHO PAYS FOR THE MEDICAL RECORDS?

MR. SEBRING PAYS FOR THE RECORDS

 

WHO PAYS TO HAVE A MEDICAL EXPERT REVIEW THE RECORDS TO DETERMINE IF A CASE EXISTS?

MR. SEBRING PAYS THE MEDICAL EXPERT TO REVIEW THE RECORDS.

 

WHAT IF MR. SEBRING DETERMINES THERE IS NO CASE? WILL I HAVE TO PAY HIM BACK FOR THE RECORDS AND/OR MEDICAL EXPERT REVIEW?

IF A CASE IS NOT PURSUED, THE CLIENT DOES NOT HAVE TO PAY BACK MR. SEBRING FOR THESE EXPENSES.  IF THE CASE IS PURSUED BY ANOTHER LAW FIRM, MR. SEBRING HAS THE OPTION TO OBTAIN HIS COSTS FROM THE CLIENT, BUT ONLY IN THE EVENT OF A RECOVERY.  MR. SEBRING MAY ALSO RECOVER HIS COSTS DIRECTLY FROM THE OTHER LAW FIRM.

 

WHAT IF I HAVE MET WITH ANOTHER LAWYER WHO DID NOT TAKE MY CASE?  DOES THIS MEAN I DON’T HAVE A VIABLE CASE?

ABSOLUTELY NOT!  MR. SEBRING HAS SUCCESSFULLY HANDLES MANY CASES WHICH HAVE BEEN TURNED DOWN BY ANOTHER LAWYER.  THERE ARE MANY REASONS A LAWYER MAY NOT TAKE A CASE AND THEY ARE NOT OBLIGATED TO INFORM YOU WHY THEY HAVE TURNED DOWN YOUR CASE.  THIS IS NOT A GOOD PRACTICE DUE TO THE FACT MANY CLIENTS GET THE IMPRESSION THEY DO NOT HAVE A CASE BECAUSE A LAWYER HAS NOT ACCEPTED IT.  LAWYERS MAY TURN DOWN CASES, ESPECIALLY MEDICAL MALPRACTICE CASES, BECAUSE THEY DO NOT HAVE ADEQUATE EXPERIENCE, THEY ARE INTIMIDATED, OR THEY DO NOT WISH OR ARE UNABLE TO PAY THE MONEY NECESSARY TO HAVE THE CASE REVIEWED BY A MEDICAL EXPERT.  IF A LAWYER IS NOT FAMILIAR WITH A PARTICULAR AREA OF MEDICINE IN THE CONTEXT OF BEING PRESENTED WITH A POTENTIAL MEDICAL MALPRACTICE CASE AND THEY HAVE NOT HAD THE CASE REVIEWED BY A COMPETENT MEDICAL EXPERT, THEN A THOROUGH REVIEW AND INVESTIGATION HAS NOT BEEN COMPLETED!

 

IF THERE IS A CASE HOW DOES MR. SEBRING GET PAID?

MR. SEBRING’S CONTRACT IS A FLORIDA BAR APPROVED CONTINGENCY FEE CONTRACT.  WHAT THIS MEANS IS THAT IF THERE IS A RECOVERY MADE IN THE CASE, MR. SEBRING IS PAID A PERCENTAGE OF THAT RECOVERY.  IF THERE IS NO RECOVERY IN THE CASE, MR. SEBRING DOES NOT GET PAID A FEE.  IN OTHER WORDS, IF MR. SEBRING DOES NOT OBTAIN A RECOVERY IN THE CASE, THE CLIENT DOES NOT PAY ANYTHING.

 

IF THERE IS A CASE AND IT PROCEEDS INTO LITIGATION, WHAT WILL BE REQUIRED OF ME?

MR. SEBRING INVOLVES HIS CLIENTS IN THE LITIGATION TO THE EXTENT THEY ARE COMFORTABLE.  IT IS MR. SEBRING’S OBLIGATION AND ETHICAL DUTY TO INFORM HIS CLIENTS OF ALL SIGNIFICANT DEVELOPMENTS IN THEIR CASE, INCLUDING INFORMATION REGARDING ANY AND ALL SETTLEMENT NEGOTIATIONS.  SOME CLIENTS WISH TO BE VERY MUCH INVOLVED AND WISH TO ATTEND ALL COURT PROCEEDINGS AND DEPOSITIONS, BUT THIS IS NOT PRACTICAL FOR MOST CLIENTS DUE TO WORK AND OTHER COMMITMENTS.  IN MOST CASES THE CLIENT WILL BE ASKED TO GIVE A DEPOSITION (QUESTIONS UNDER OATH), ATTEND A MEDIATION (AN INFORMAL SETTLEMENT NEGOTIATION) AND TRIAL, IF NECESSARY.  MR. SEBRING THOROUGHLY PREPARES HIS CLIENTS FOR THESE EVENTS WELL BEFORE THEY OCCUR.

 

THE IDEA OF A DEPOSITION MAKES ME NERVOUS – HOW DOES MR. SEBRING PREPARE ME FOR THIS?

MR. SEBRING HAS BEEN A TRIAL LAWYER FOR A LONG TIME AND CAN USUALLY PREDICT THE MAJORITY OF QUESTIONS OPPOSING COUNSEL WILL ASK.  MR. SEBRING ALWAYS HAS HIS CLIENTS TAKE PART IN A MOCK EXAMINATION (WHEREIN MR. SEBRING ASKS THE QUESTIONS LIKELY TO BE ASKED BY THE OPPOSING ATTORNEY) TO PREPARE THE CLIENT FOR THE “REAL THING”.  ALL CLIENTS ARE DIFFERENT AND BASED ON THE CLIENTS’ EXPERIENCES AND BACKGROUND THE PREPARATION TIME WILL VARY.  MR. SEBRING WILL WORK WITH HIS CLIENTS AS LONG AS NECESSARY TO MAKE THEM COMFORTABLE ABOUT GIVING THEIR DEPOSITION.  MR. SEBRING ATTENDS ALL OF HIS CLIENTS’ DEPOSITIONS AND WILL BE THERE TO PROVIDE COMFORT AND COUNSEL.

 

WHEN A CASE IS OVER, HOW ARE THE FUNDS DISBURSED?

WHEN A RECOVERY IS OBTAINED IN A CASE AND THE SETTLEMENT CHECK HAS ARRIVED, FUNDS ARE DISBURSED AS SET FORTH BY A CLOSING STATEMENT WHICH ACCOUNTS FOR ALL EXPENSES INCURRED IN THE LITIGATION, MEDICAL LIENS, ATTORNEYS’ FEES AND NET RECOVERY AMOUNTS DUE TO THE CLIENT.  MR. SEBRING AND THE CLIENT REVIEW THE CLOSING STATEMENT TOGETHER AND WHEN THE CLOSING STATEMENT IS EXECUTED BY MR. SEBRING AND THE CLIENT, ALL DISBURSEMENTS ARE MADE CONSISTENT WITH THE CLOSING STATEMENT.  THE CLIENT IS ALWAYS PROVIDED WITH A COPY OF THE CLOSING STATEMENT AND COPY OF THE SETTLEMENT CHECK FOR THEIR RECORDS.

 

WHAT IF I’M NOT SURE I WANT TO PURSUE A CLAIM?  WHAT IF I JUST WANT TO FIND OUT WHAT MY OPTIONS ARE?

THE LAST THING MR. SEBRING WILL EVER DO IS ATTEMPT TO TALK SOMEONE INTO PURSUING A CLAIM AGAINST THEIR WISHES.  LITIGATION CAN BE EMOTIONALLY WEARING AND SOME INDIVIDUALS (FAMILIES) NEED CLOSURE WITHOUT ENDURING THE TRAUMA OF RE-LIVING A TRAGIC EVENT.

MR. SEBRING’S CONSULTATIONS ARE FREE AND HE IS HAPPY TO COUNSEL ANYONE IN NEED WHO HAS A PROBLEM RELATED TO HIS FIELD OF PRACTICE.