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Question for Attorneys: Bad Faith Law in Florida and Potential Misrepresentation
Is the following interpretation of bad faith law in Florida correct?
In most jurisdictions, including Florida, an insured party must first attempt to settle their underlying insurance claim before... View More 
answered on Feb 4, 2025
My opinion: The jury decision in the underlying lawsuit is what determines if bad faith existed in pre-suit negotiations compared to the amount of the jury verdict. Example: If the carrier was given the opportunity to settle the case for policy limits and failed to do so timely (90 days pursuant... View More
I reported it to the FLL authorities and received a case number. I have yet to go to see a medical provider.
answered on Feb 4, 2025
The first element of a personal injury case is to establish liability. With your facts, you would have to prove (1) that there was a hazardous condition, (2) whether the hazardous condition was known, or existed for a period of time that it should have been known and (3) whether there was a... View More
Does Florida law allow an Attorney to get a percentage of the MSA or only the cash settlement. IE; MSA $20,000 cash settlement $20,000 for total $40,000. Is contingency to Attorney all monies or only cash settlement
answered on Feb 4, 2025
The attorney is entitled to be paid a fee on the total settlement amount, including but not limited to the amount of the MSA. Additionally, the attorney is entitled to be paid fees and costs apart from the settlement (typically paid by the Employer/Carrier/Servicing Agent} for a pre-petition... View More
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