Florida Enacts New Rules for Stemming Litigation

Starting on January 1, 2012, the new Supreme Court Civil Procedure Rule 1.720 was put into practice in Florida. This rule was enforced to change mediation and the mediation process that occurs when two parties are trying to reach a settlement. The state of Florida has used the mediation process for the past 20 years and has played a key role in personal injury cases. However, when both parties do not attend in good faith, the mediation process is a waste of time and energy.

For example, it has become increasingly common for one party to attend the mediation simply to learn about the opposing case, instead of trying to settle the matter. In personal injury cases, the insurance companies and large corporations would send a representative, such as a low-level adjuster, to the mediation who had no power to actually settle the case. This new rule was created to force these large companies to quit showing disregard for the mediation process. Insurance lawyers are no longer allowed to sit through the Plaintiff's presentation just to learn about their case, and they are now required to send a person who has actual authority to the mediation.

Thanks to this new rule, those filing for a personal injury claim can be more successful in settling their claim outside of court. Together with the help of their attorney, they will be more likely to settle the matter in mediation and avoid the extra legal processes of the courtroom. Even though the law does not require the case to be settled at the mediation table, it is now much more of a possibility. The insurance companies must send a person who has the ability to settle the case for its true value or the policy limits.

If you are seeking to file a personal injury claim after you have been injured because of the negligence of another, it is a good idea to enlist the help of a personal injury attorney who is familiar with both state and federal laws regarding mediation and the courtroom process. Without a legal expert on your side, you will be easy prey for the insurance adjusters who will try to get you to settle for a lesser value. It is important for you to give your attorney adequate time to prepare for mediation so that he or she can be fully prepared. The right attorney for your case will prepare for mediation like your case was going to trial so that the Plaintiff will see that you are prepared to try the case if it is not fairly settled. Statistics show that personal injury defendants are much more successful than plaintiffs when their case goes to trial, where insurance companies are desperately trying to limit their risks. With the help of a skilled personal injury attorney, you can be confident that your claim will result in a fair settlement, regardless of whether you settle during the mediation process or in the courtroom.

For years, the personal injury law firm of Weinstein, Scharf & Dubinsky has been providing superior legal defense to citizens of Florida who have been wrongfully injured. With over 86 years of collective experience, the legal team at their firm has a proven record of success in recovering high settlements for serious injury cases. With a determination to never give up, a Ft. Lauderdale personal injury attorney at their firm will vigorously defend your rights in any type of personal injury case.

When you have suffered injury because of the negligence of another party, it is imperative that you seek justice for your injuries. Contact a Tampa personal injury attorney today to receive a free case evaluation and learn more about how we can help at http://www.fortlauderdalepersonalinjuryfirm.com/.

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Pro-Se: How to Win Your Court Case Without A High Priced Attorney With The Revealed Rules Of Law!

Are you considering hiring an attorney for a civil or criminal case? If you are, you have come to the right place. Going pro-se should be one of your first considerations before you hire an attorney.

First, what exactly is a pro-se?

Pro-se legal representation means advocating on one's own behalf before a court, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases.

Pro-se is a Latin phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as propria persona (abbreviated to "pro per"). Source Wikipedia.

My wife and I were forced to go pro-se when the unscrupulous attorneys we hired chose to be compromised, meaning they were acting in the best interest of the opposing side. This is also known as attorney misconduct. This was after twenty one thousand dollars had been given to these leeches and nothing to show for it after almost 2 years, not even a court date! Plus, after we fired them we found out that depositions had been set up for us and we were not told. If we had not found out to postpone the depositions it could have jeopardized the case. Worse yet, if the depostion dates had arrived without our knowledge and we didn't show up it could have resulted in our case being dismissed. When I fired these attorneys we were thrown into the position of pro-se.

We had no clue what that meant other than we were representing ourselves. Where did we go wrong? We put our trust in our attorneys who had a fiduciary duty to us. That was the first mistake. The second mistake we made was not knowing what they were doing or keeping up with them. Our first clue should have been when we received our bill and it was not itemized.

This came to our attention only after we were pro-se and because of their actions our case was almost lost. We were frantic not knowing what to do and the opposing attorney knew we did not have a clue where to begin nor would he allow us to get representation before he started to attack us.

In our desperation we scoured the internet on what to do. We came upon a course that promised it could show us the ropes. We debated for several days and decided we had no choice but to buy it. This was the first right decision we had made.

We knew our case inside and out but did not know how to convey it and what procedures to use. Meanwhile, the opposing attorney started a flurry of motions to bog us down. We were forced to go to depositions by ourselves. We were not allowed time to try and get new representation. The opposing attorney was trying to take advantage of us but couldn't because we started learning the ins and outs of the legal world just as fast as we could read and study in the new legal course. The course was very straight forward and accurate.

The opposing attorney was guilty of misconduct over and over again with outright lies that he would send to the court, and judge. We would respond to his false accusations each and every time he made them against us by filing the rebuttals in the court files. You have every right to do this, as well as address the judge.

The course we were taking was working and frustrating the opposing counsel to no end. The attorney had someone come to our door at home, which is prohibited. The attorney's actions were filed with the court.

The attorney filed for a hearing for our case to be put back to the real estate commission and we won the hearing, to their embarrassment, which took all of four minutes. When we asked for admissions, a form of discovery. He then threatened us with a protective order which he had no right doing and we called him on it. He was forced to back down. This was a well- established, insurance attorney with over twenty years experience! If it had not been for the pro-se course we would have lost by a technicality!

Many attorneys will lie and cheat when they have no defense for their clients. We were then hit with a frivolous counterclaim, which they did not serve us with as is procedure. That means it was null and void. But we called him on that, as well. The frivolous lawsuit was thrown out by the judge at another hearing before the trial.

The first thing you have to realize is that rotten attorneys are not going to change and they will continue to get away with it if you do not know the law. The best defense is knowledge.

If we can figure it out, anyone can. We learned how to overcome corrupt attorneys. We learned how to control and call the bluff of corrupt attorneys. We were taught how you can control what happens in the courtroom. We learned appellate procedure. We know the little guy can win. We know how to use the rules of law.

We were given a lawsuit flow chart to know exactly what is going on at all times. We know how to use previous appellate and supreme court decisions to prove our case. We were given free forms for pleadings, motions, and discoveries. We also were given the ways to find and contract with an honest attorney.

Very simple and straightforward, hidden information is now revealed to take the mystery out of the legal world. If you know where to go to find the laws laid down for your protection, you gain great power and the legal mystery is taken away. Whether you decide to go Pro-se or hire an attorney, this course is a must. You need to know what is going on at all times so you will come out the winner.

Don't let the other guy win by technicalities. In my opinion, this should be taught in all high schools. What good are the laws for the people if you do not know how to use them? You owe it to yourselves to check out this site. The very best to you. http://tommcinnisreviews.weebly.com/

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