Finding the right attorney for a legal matter is a big decision — and it’s not always a decision that everyone gets right the first time. Many people hire or retain an attorney only to later determine that they aren’t the right fit.

Thankfully, you are not stuck with the first attorney you choose. You can change attorneys in the middle of a case if you find they are not delivering the service, expertise, or working relationship you expected.

Here are six signs you need a new attorney and it isn’t working out with your current representation.

You Might Need a New Attorney If…

Your lawyer won’t explain the details and strategy of your case.

Part of your attorney’s job is to help you understand your case. They are the expert and should explain each step of the process and possible outcome with you. They should also explain the strategy they’re taking with your case and why they think it’s a good idea. If you feel lost or confused about your case and your attorney won’t explain it to you, it may be time to move on.

You don’t agree with your lawyer’s strategy, and they won’t follow your directions.

Your attorney works for you. You have the final say in the strategy and approach to your case. It is your attorney’s job to explain what they think is the best approach, while letting you make the final decisions. If your lawyer won’t follow your directions or continues to present strategies you disagree with, it might be a sign you need a new attorney.

Your lawyer won’t respond to you, or your case has stalled.

Attorneys have an obligation to keep your case moving. If your case has stalled and there is no forward progress, it is a sign of an attorney who is not adequately doing their job. Likewise, if your lawyer is not responding to your messages or calls, you may need to seek a change in representation.

Your lawyer doesn’t have the resources needed to manage your case.

In some situations, your case may become more demanding and complicated as the details unfold. For example, if your case gains press attention or starts to include more defendants or plaintiffs, the resources needed to litigate your case may increase. If your existing attorney doesn’t have the resources to adequately manage your case, you may need to find a law practice that can.

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

Your attorney has made multiple errors.

It is a clear sign you need a new attorney if they have made multiple errors. While people make mistakes and you may be able to move past an error or two, your attorney should not be making multiple errors. Seek new representation if your attorney or their office continues to miss filing dates, filing the wrong documents, or otherwise make careless errors.

You don’t trust your attorney.

One of the top signs you need a new attorney is if you don’t trust them. Trust is an essential element in a strong working relationship with an attorney. You both need to be able to be completely candid and truthful with each other. If you find yourself withholding information from your attorney or feel they aren’t being completely honest with you, it’s time to look for another option.

Related: What You Should Expect from Your Attorney in Every Case   

How to Get a New Attorney if You’re In the Middle of a Case

If you’ve seen too many signs you need a new attorney and are ready to make the switch, take the following steps.

#1) Review your contract with your current attorney. When you entered into a working relationship with your existing attorney, you likely signed a contract outlining the arrangement. Refer back to the contract to see if it includes any specific language about what to do to end the relationship.

#2) Talk to your current attorney. While you may have seen too many signs that you need a new attorney, it is always worth bringing your concerns to your lawyer to see if you can work it out. Write down your concerns and discuss them with your attorney. You may be surprised to find that you can work things out when issues are directly addressed.

#3) Talk to new potential attorneys. Most law offices offer a free consultation with a lawyer. Take offices up on this offer and interview a few different attorneys to find the right representation. Consider the issues you had with your previous attorney, and ask questions to ensure that this attorney will handle things differently.

Related: Get Good Legal Representation by Asking This One Question

#4) Let your new attorney manage the change. Once you retain a new attorney, they will take the lead on your change of representation. They will file the appropriate documents to let the court and other parties know you have a new attorney.

Have You Seen Signs You Need a New Attorney?

If you have a feeling things aren’t working out with your current attorney, you might be right. If you see signs you need a new attorney, follow them.

As you explore your options, TJ Grimaldi is here to help. Schedule a free consultation with TJ to see if he is the right representation for you. All consultations with TJ are 100% free. Schedule or call 813-226-1023 today.

If someone you loved was killed due to the negligence or misconduct of another person, you may feel like you have the weight of the world on your shoulders. In addition to losing someone you love, you may also have the strain of financial burdens and hardships as a result of the loss.

While a lawsuit can’t bring back your loved one, it can bring relief to you and your family. When you sue for wrongful death, you can receive financial support to help with the expenses and losses that are a result of the death.

If you are thinking about seeking relief, here is what you need to know about suing for wrongful death.

What Is a Wrongful Death Case?

A wrongful death case is a lawsuit filed in civil court that aims to provide relief for surviving members of a person who was killed as the result of negligence of another party. Survivors file the case to seek financial compensation for losses and damages experienced as a result of the death.

To sue for wrongful death, you must prove two things:

  1. The death was a result of the negligence or maliciousness of an at-fault party.
  2. The death led to financial and/or emotional damages for surviving members of the deceased.

Examples of Wrongful Death Cases

The most common types of wrongful death cases are related to:

  • Vehicle accidents that occur on the road (such as auto, motorcycle, or trucking accidents), on the water (such as in boating accidents), or in the air (such as plane or helicopter accidents).
  • Medical malpractice cases wherein a patient died due to the negligence of their healthcare provider or providers.
  • Product liability or product defect cases wherein a person died because a product failed to work properly or did not include proper warning labels.
  • Premises accidents wherein a person is killed in a situation that could have been prevented but was caused by the negligence of a property owner or manager.
  • Workplace accidents wherein a person is killed at work as a result of unsafe conditions.

In addition to deaths caused by accidents and negligence, wrongful death cases may also include intentional killing.

When someone is killed by a person who showed malicious intent, you can sue for wrongful death in civil court. The case often goes in tandem with a criminal case wherein the person responsible for the death is charged with murder or manslaughter. Criminal cases often result in jail time, whereas civil cases result in damages that must be paid to the family of the deceased.

If you lost a loved one in any of these situations, you may be able to sue for wrongful death and receive damages.

What Do Wrong Death Damages Cover?

Damages refer to losses that are a result of the death. When you sue for wrongful death, you will fight to receive compensation for damages related to:

  • Cost of funeral and burial
  • Pre-death medical bills
  • Loss of financial contribution and future wages
  • Loss of consortium or companionship
  • Emotional distress of surviving family

Related: Personal Injury Compensation: What Can You Fight For?

How Do You Sue for Wrongful Death?

#1) Determine who can sue for wrongful death.

In Florida, state statutes dictate who can sue for wrongful death. Only certain parties are able to file a wrongful death claim. The party must be a designated beneficiary of the deceased.

Chapter 768.18 defines these parties as: “the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.”

If one or more of these parties are connected to the deceased, you may be able to work together to seek justice and damages for your lost loved one.

#2) File your case right away.

You have up to two years to file a wrongful death case, but the sooner you get started, the better. Time is of the essence when it comes to collecting evidence and getting testimony from witnesses.

If you’re considering suing for wrongful death, seek experienced legal representation right away.

Talk to a Wrongful Death Attorney Today

If someone you love was killed due to the negligence of another party, you don’t have to take on the fight for justice on your own. A wrongful death attorney can take some of the burden away from you and fight to ensure that you get justice for your loved one and the financial security you need to care for surviving family members.

If you want to take the next steps to sue for wrongful death, contact TJ Grimaldi today. TJ is an experienced wrongful death and personal injury attorney who knows what it takes to take on insurance companies and the parties trying to limit the relief provided to surviving family members.

Schedule your free consultation to speak directly with TJ about your situation and see how he can get to work on your case right away. Schedule your consultation or call 813-226-1023 now.

Dealing with the aftermath of an auto accident can be stressful and confusing. It can be even more difficult if you’ve been in a trucking accident that involved a commercial tractor trailer.

When injured in a car accident, you will primarily deal with the driver and their insurance company. But in a trucking accident, you may need to deal with additional parties and multiple jurisdictions, resulting in a more complex process.

Trucking Accidents Aren’t Exactly Like Other Auto Accidents

Accidents that involve commercial trucks require a different legal approach than auto accidents that involve personal vehicles for a few reasons.

The trucking industry is governed by federal laws and regulations, and agencies such as the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (DOT) regulate the industry along with departments of transportation in each state.

In addition to multiple layers of regulation and oversight, trucking accidents differ from personal auto accidents in that there are often multiple parties involved. Parties that may have responsibility for the accident or be otherwise involved in the legal process may include:

  • The truck driver
  • The owner of the truck or trailer
  • The company that leased the truck or trailer
  • The manufacturer of any of the parts on the truck or trailer
  • The loader of the truck or trailer

While a trucking accident is a type of personal injury case similar to personal auto accidents, it may require a different and multi-layered legal approach to reach a full and fair settlement.

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

4 Steps to Take if You’re in a Trucking Accident

If you have been in a trucking accident, take these steps right away.

#1) If you have serious injuries, seek medical help immediately.

The first step after being in an accident is always to seek medical care. If you or anyone else in the accident sustained serious injuries, get medical help right away.

#2) Collect evidence from the scene.

If you haven’t sustained major injuries from the accident, assess the scene and begin to collect evidence. As part of the process:

  • Take photos of your vehicle and the truck.
  • Write down the name of the trucking company or any organizations listed on the truck. Also, write down any license or truck numbers displayed on the truck.
  • Get the name and contact information of the driver.
  • Get the names and contact information from any witnesses.
  • Get the names and contact information from on-scene police officers.
  • Ask officers when and where you can get a copy of the accident report.
  • Write down your account of the accident while your memory is fresh.

#3) Even if you feel fine, seek medical help.

Even if you feel okay after the accident, seek medical care. Injuries from accidents don’t always show up right away. Plus, rushes of adrenaline released in your body during the accident can mask injuries.

Seeking medical care will help you get a complete assessment of both your surface and potentially underlying injuries. It will also create a record of your care, which will be essential if you decide to sue for personal injury after the trucking accident. To seek compensation for your injuries, you will need to prove that your physical issues were caused by the accident. The best way to prove it is by having medical records from after the accident.

Related: Personal Injury Compensation: What Can You Fight For?

#4) Don’t contact your insurance company. Contact an attorney.

While your first instinct might be to contact your auto insurance company, you should make another call first. Contact a personal injury attorney.

The goal of insurance companies is to pay out as little as possible for accidents. Your auto insurance company isn’t going to fight for you; they are going to fight to minimize their payout.

An attorney, on the other hand, works for you. They will have your best interest in mind and take all the necessary steps to ensure you get the compensation you deserve to cover the expenses and damages caused by the accident.

What To Do If a Loved One Was in a Trucking Accident

If it wasn’t you, but a loved one who was injured in a trucking accident, you have options for pursuing a legal case.

If the person injured in the accident is unable to fight for themselves because they have serious injuries, you can take on their case for them. If they have passed away, you can also take on a wrongful death case to seek justice. You have options, and an experienced attorney can walk you through them.

Discuss Your Options During a Free Consultation

If you or a loved one has been injured in a trucking accident, don’t try to wade through the complicated legal process on your own. Talk to an experienced personal injury attorney who can ensure that you take the right approach to get a fair and full settlement.

Schedule a consultation with TJ Grimaldi to discuss your case and your options today. All consultations are free so schedule today. Schedule or call 813-226-1023.

If you were injured in an accident, the first thing you need to do is seek medical care. Next, you need to find out if you deserve compensation to pay for the damages caused by the accident. You need to determine if another party was at-fault and, if so, whether or not you can prove it.

To prove fault in a personal injury case, you must meet specific legal standards.

You must show the court that a party caused the accident, that you deserve financial compensation to cover the damages you sustained — and that you have adequate evidence to prove it.

How To Prove Fault in a Personal Injury Case

Personal injury cases refer to any situation wherein you were injured, and it was not your fault. The most common types of personal injury cases relate to:

If you or a loved one were involved in any of these situations and injured by no fault of your own, you may have a personal injury case. Consider if you could provide the evidence needed to prove it.

#1) Prove the accident was caused by another party.

Being in an accident isn’t enough to file a personal injury case. You must prove that you were not responsible for the situation that led to the accident. You must clearly show that the accident was caused by another party.

There are three ways another party can be responsible for an accident.

  • Intentional: The party intentionally intended to injure you and caused the accident.
  • Neglect: The party’s neglect or carelessness caused the accident.
  • Strict Liability: The party caused the accident, although it was not intentional or caused by neglect.

To prove to the court that another party caused the accident, you need evidence that shows what happened. You need to tell the story and prove your point through evidence such as:

  • Detailed accounts of the accident
  • Testimony from witnesses
  • Police reports
  • Incident reports (if the event occurred on a commercial property)
  • Video or photos from the accident

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

#2) Prove the accident led to damages.

Once you prove that another party was at-fault for the accident, you must also show that the accident resulted in damages. Damages refer to the losses — physical, financial, and emotional — that occurred as a result of the accident.

To receive personal injury compensation, you must show how the accident caused damages. Damages sustained during a personal injury incident may include:

  • Special compensation damages such as medical bills, future medical bills, cost of home-care, property damage, loss of income, loss of future earnings, and cost of altered plans.
  • General compensatory damages that refer to “pain and suffering” compensation for emotional trauma, long-term physical impairments, physical disfigurement or deformities, loss of companionship, and damage to lifestyle.
  • Punitive damages that include additional compensation if the accident was the result of malicious or intentional conduct.
  • Wrongful death damages which cover costs for funeral and burial, emotional distress of surviving family, loss of financial contribution, and loss of companionship.

To prove fault in a personal injury case, you must be able to provide evidence that details the extent of the damages. Evidence that can support your case includes:

  • Medical records
  • Medical bills
  • Personal injury deposition 
  • Photos of your injuries (the initial injury as well as photos of the injury as it progresses)
  • Photos of damaged property
  • Bills for funeral services, home care costs, therapy, etc.
  • Documents that show missed opportunities (missed work hours, canceled vacations, etc.)

Related: Want to Sue for Personal Injury? Take These 4 Steps   

Bring Your Personal Injury Case to Court

To prove fault in a personal injury case, you must show that another party caused an accident and that the accident resulted in injuries and damages.

If you believe you have the proof to bring your case to court or if you aren’t sure if you have the evidence needed, talk to a personal injury attorney today.

An experienced attorney can listen to the details of your situation and advise you on if you have what it takes to make your case. A lawyer can also help you gather the evidence necessary to win your case. 

Don’t go at it alone if you feel you have been injured in an accident that wasn’t your fault. Get help today. Start with a free consultation with TJ Grimaldi.

TJ is an experienced personal injury attorney who knows what it takes to win a case and get the full compensation you deserve. Don’t question your case. Get answers today.

Schedule your consultation or call 813-226-1023 to talk to TJ today.

When you have no previous experience dealing with lawyers or courts, it can be intimidating to start to work with an attorney. Without experience, you don’t have anything to shape your expectation of how the attorney-client relationship should work.

This lack of experience can hurt clients who don’t realize that their attorney isn’t providing the level of service expected from a professional lawyer. It can lead clients to stay too long with an attorney who isn’t adequately managing their case.

To make sure you don’t fall into this trap, consider these attorney expectations. If you find that your attorney isn’t meeting this criteria, it might be time to find a new lawyer.

Related: Can I Change Attorneys During a Case?

What to Expect From an Attorney

Ideally, you want to work with an attorney who exceeds expectations, but these are the standards for what you should expect from an attorney in every case.

#1) They clearly explain your legal strategy.

An attorney’s role is to guide you through your case and lead you to the best possible outcome. In many cases, there will be different strategies an attorney can take. It’s your lawyer’s job to create the strategy for managing your case and to communicate that strategy to you. An attorney should explain what steps they are taking and why they believe their plan is the best option.

Related: Find The Best Legal Representation by Asking This One Question

#2) They set realistic expectations for outcomes.

In most legal cases, there is no guarantee for a specific outcome. There are many factors that can impact the results of a case. It is your lawyer’s job to set realistic expectations for what that outcome may be. For example, if you approach a personal injury attorney and expect to win a million-dollar settlement, your attorney should advise you on whether or not that is possible.

#3) They have an open line of communication.

The line of communication should always be open between you and your attorney. Your representation should return your calls and answer your emails in a timely manner. While all attorneys have different working and communication styles, you should never feel as though your lawyer is avoiding you or ducking your calls.

#4) They answer your questions.

Attorney expectations should go beyond simply being available to connect with you. Your lawyer should also be available to answer questions you have as you go through your case. In fact, they should anticipate stages where you may have questions and set times to review your case and give you an opportunity to ask questions about your case and strategy.

Related: How to Prepare for a Free Consultation with a Lawyer

#5) They act on your behalf.

It is your attorney’s job to guide you through your case and advise you on the best approach, but you always make the final decisions. An attorney should always follow your directions, even if they disagree with your instructions (as long as the instructions are legal). They can offer arguments and reasons for why your strategy isn’t recommended, but they are hired by you to act on your behalf and shouldn’t take action without your approval and permission.

#6) They don’t make blatant errors.

While everyone can make a mistake, attorneys should not be making consistent, blatant errors. If you find that your attorney is often making egregious errors such as adding incorrect information on documents, missing court dates, or filing the wrong documents, it could be a sign that they aren’t taking your case very seriously or that they are not a very capable attorney.

#7) They don’t draw out cases unnecessarily.

A lawyer is obligated to manage your case to their best of their abilities. They should resolve it in the most affordable and timely manner. Your attorney should never draw out your case for the purpose of incurring additional fees or overbilling.

#8) They follow rules of law and ethics.

Attorneys abide by a set of laws and ethics. They are meant to act in the best interest of their client while maintaining strong ethical standards. Attorneys should never advise that you or they engage in nefarious or illegal actions as a way to manage your case. If you sense that your attorney is suggesting activities that are illegal or immoral, you can contact the American Bar Association in your state.

#9) They clearly explain their payment structure.

When you hire or retain an attorney, you will often sign a contract and enter a legal agreement with them. Your attorney should make sure you clearly understand the fee structure included in the agreement and set reasonable expectations for costs. They should also inform you if they believe your case is going to cost more than initially described.

Related: How Much Does an Attorney Cost? 8 Questions to Consider

Exceed Attorney Expectations with TJ Grimaldi

Not all attorneys will provide the same level of service and value. As you seek representation, ensure that your attorney can meet and exceed your expectations.

TJ Grimaldi takes pride in over-delivering for his clients. Find out if he can provide the level of service and representation you need. Schedule your free consultation to talk to him today.

Schedule your free consultation or call 813-226-1023 today.

A divorce is a delicate time where everything you do (or don’t do) can be scrutinized and used against you. While this may sound intimidating, you won’t have to worry if you know the things not to do during a divorce case.

Knowing how to handle yourself and your relationships, finances, and legal strategy during a divorce can make the process run more smoothly, cost less, and end more quickly.

What Not To Do During a Divorce Case

Whether you are the one who filed for divorce or you have had divorce papers served on you, here are the nine things not to do during a divorce case.

#1) Don’t let your emotions drive you.

It’s no secret that a divorce can be stressful. You are getting ready to go through a life-changing event. Take time to process the situation so you can work to take your emotions out of it. Bringing emotions into your case will make it more difficult and can cloud your judgment when it comes to negotiations.

Related: How Long Does It Take to Get a Divorce?

#2) Don’t make significant financial moves.

One of the most important things not to do during a divorce case is make major money moves. During your divorce, your finances — both your assets and liabilities — will be looked at closely and used to determine the terms of your divorce. Any major changes can cause delays and complications in the process.

  • Don’t drain bank accounts
  • Don’t make large purchases.
  • Don’t sell any assets.
  • Don’t take on any new debt.
  • Don’t try to hide money in separate accounts.

#3) Don’t harass your spouse. 

It should go without saying that you should never harass your spouse. As mentioned above, divorces can cause emotions to run high, but you never want your emotions to cause you to confront your spouse, whether by showing up in person or by calling or messaging them. Any unruly behavior can be used by your spouse to cast you in a negative light and make a strong claim for their side of the case.

#4) Don’t pull your kids into it.

Kids are innocent bystanders in a divorce. Do everything you can to keep them out of it and away from the associated stress. Don’t use them as pawns or as tools to punish your spouse. Don’t talk badly about your spouse in front of your kids, and never withhold visitation rights. Also, keep any new partners away from your kids. (In fact, you might want to avoid finding a new partner until your divorce is over.)

#5) Don’t share divorce details on the internet.

Just as you want to keep kids out of your divorce, you also want to keep your friends and family and the public out of it. An important thing not to do during a divorce is post about your situation or spouse on the internet or social media. Keep in mind that everything you post publicly can be used by your spouse to support their case against you.

#6) Don’t get another baby involved.

A new baby — whether conceived within the existing partnership or with another partner outside of the marriage — can seriously complicate a divorce case. Don’t get pregnant or get another person pregnant while in the middle of a divorce. Judges may look down on a pregnancy outside of the marriage, and a new baby between partners can lead to a longer process and more complicated mediation.

Related: 6 Ways to Prepare for Divorce Mediation

#7) Don’t take divorce advice from family and friends.

When you go through a divorce, it’s likely that other people in your life who have been divorced will want to offer pieces of advice. Take everything they say with a grain of salt. Every divorce is unique and not everyone is an expert. The best person to rely on for advice is your divorce attorney.

#8) Don’t hide anything from your attorney.

Your divorce attorney is on your side, and they will do whatever they can to fight for your best interest. But, they can’t do that if they don’t have all of the information. From your first meeting with a divorce attorney, you should be completely open and honest. Trying to hide anything from them can only come back to hurt your case.

#9) Don’t talk to your spouse’s attorney.

Your spouse’s attorney is not on your side, and they will do whatever they can to fight for your spouse’s best interest. If they approach you and want to discuss your divorce case, don’t do it. Always leave the communication to your attorney and let your representation handle any negotiations with the other side.

Let an Experienced Attorney Guide You Through Your Divorce

Without the right advice, it can be easy to make mistakes as you go through a divorce. With these tips, you know the top things not to do during a divorce. Now, find out what you should do during a divorce.

Get an experienced divorce attorney to guide you through the process. Contact TJ Grimaldi today to get your free consultation. Schedule or call 813-226-1023 today.

If you have been involved in a workplace accident, you might be confused about what to do next. You may be aware that filing a workers’ comp or personal injury case can help you collect compensation that is owed to you to cover your expenses. But, you might not be sure what is the best approach for your situation.

To help guide you through a workplace accident, consider the difference between workers’ comp and personal injury and see what is right for you.

What Is Workers’ Comp?

Workers’ comp, or workers’ compensation, is a type of insurance an employer has to cover expenses if a worker gets sick or injured on the job. Workers’ comp typically covers the cost of medical care and lost wages for the injured or sick employee. It may also pay out funeral costs and death benefits to the family if the employee is killed.

Employees can file a worker’s comp claim only if their injury or illness was caused by the duties of their job. For example, a worker can file a workers’ comp claim if they slip and fall from a ladder while performing an on-the-job task.

Employers are responsible for carrying workers’ comp insurance. Each state has varying rules and regulations regarding workers’ comp and an employer’s responsibility for providing it.

Workers’ comp offers some protection to both the employer and employees. It protects employees by ensuring that they receive compensation if they are injured at work. It protects employers by protecting their assets in the event that an employee is injured. Workers’ comp insurance protects an employer from their employees filing a lawsuit against them (or other workers).

Related: Think You Have a Slip and Fall Case? Take These 7 Steps

What Is Personal Injury?

Personal injury is a type of legal case that involves a party who was injured (the plaintiff) due to the negligence of another party (the defendant). In a personal injury case, the plaintiff was injured and incurred expenses such as medical costs and lost wages as a result of the injury. The injured party may have also incurred damages related to pain and suffering, loss of future income, and long-term care costs.

In a personal injury case, the plaintiff must prove that the injury was a cause of negligence and that it directly led to the injury and damages. There are many types of personal injury cases such as auto accidents, medical negligence, product liability, and animal attacks.

The personal injury cases that have a blurry line with workers’ comp cases often relate to slip-and-falls and premises liability. In these cases, a worker was injured at work, but it may also fit some of the criteria for a personal injury case.

Related: 6 of the Most Commonly Asked Questions About Personal Injury   

What’s the Difference Between Workers’ Comp and Personal Injury?

There are a few primary differences between a personal injury case and a workers’ comp case.

You must be able to prove fault in a personal injury case. If no one is at fault (or you cannot prove that someone’s negligence led to the accident), you do not have grounds for a personal injury case.

You do not need to prove fault in a workers’ comp case. In most situations (there are some exceptions), workers injured on the job are eligible for workers’ comp regardless of who is at fault. The injured party does not need to prove that there was an at-fault party.

Workers’ comp does not cover pain and suffering damages. Personal injury does. Pain and suffering damages refer to non-monetary harm such as physical disfigurement or deformities, emotional trauma, loss of consortium, damages to lifestyle, and debilitating long-term physical impairments. A personal injury case may provide damages related to pain and suffering, whereas a workers’ comp case will not.

Should I File a Workers’ Comp or Personal Injury Case?

If you were involved in a workplace accident, you might be wondering if you have a personal injury case or a workers’ comp case.

In most cases, you will have a workers’ comp case if you are injured at work, but you may also have grounds for a personal injury case if:

  • There was intentional or malicious activity that caused your injury.
  • The negligence that led to your accident was linked to an illegal or intoxicating substance.
  • A third-party not affiliated with your employer caused the accident.
  • Your employer did not carry workers’ comp insurance.
  • Your injury was caused by a defective product used while at work.

Related: Personal Injury Compensation: What Can You Fight For?

How to Move Forward with a Personal Injury Case

If you believe your accident was not a case for workers’ comp and you are looking to sue for personal injury, TJ Grimaldi is here to help.

TJ Grimaldi is an experienced personal injury and slip and fall attorney who knows what it takes to go up against insurance companies and fight to get what is rightfully yours. Don’t let insurance companies nickel and dime you in your settlement. Work with TJ to get the full compensation you deserve.

All consultations are free. Call today to see how TJ can help. Schedule your free consultation or call 813-226-1023.

As a defendant or plaintiff in a legal case, you have certain rights, and one of those rights is to choose which lawyer works on your case. If you are unhappy with your attorney, you almost always have the right to change lawyers in the middle of a case.

If you have already started a legal case and are unhappy with your representation, here is what you need to know about changing lawyers.

Can I Change Lawyers in the Middle of a Case?

In most cases, yes, you can change lawyers in the middle of a case.

As a defendant or plaintiff, you are in charge of your case. Your lawyer represents you, and you are ultimately in control. Your lawyer can make suggestions, but you decide what you feel is the best way to approach your case. If you are not satisfied with the way your lawyer is handling your case, you can change attorneys in most situations.

Are There Limitations to Changing Lawyers?

There are some limitations when it comes to changing lawyers in the middle of a legal case.

Depending on how far along your case is, a judge may need to approve your decision to change attorneys. In many cases, judges are open to allowing the change. But, there are times when a judge may not approve your changes. This could happen if:

  • The case is too far along in the court process
  • The judge feels the change is a stalling tactic
  • You have already changed attorney multiple times

A judge is likely to approve the change if you have good reasons for why you want to seek new representation.

What Is a Good Reason to Change Lawyers?

Deciding whether or not to change attorneys in the middle of a case shouldn’t be a decision that you take lightly. Changing attorneys can cause a disruption to your case, can cause you to incur additional attorney’s fees, and may delay your case.

Yet, there are good reasons why you may want to change attorneys during a case. You may want to seek new representation if you find yourself in one or more of the following situations.

  • Your lawyer’s strategy doesn’t make sense.
  • You don’t agree with your lawyer’s strategy and want to take a different approach.
  • Your lawyer is not responding to your calls or messages.
  • Your lawyer is not adequately explaining the details of your case to you.
  • Your case has stalled.
  • Your lawyer doesn’t have the resources to adequately manage your case.
  • You don’t trust your lawyer.
  • You don’t get along with your attorney.
  • Your lawyer has made multiple errors on your case.
  • Your attorney has died or been disbarred.

Related: Get Good Legal Representation by Asking This One Question

What If My Attorney Drops Me?

Just as you have the right to stop working with an attorney, they have the right to stop working with you. An attorney can drop you as a client. While the American Bar Association encourages attorneys to finish the cases they take on, there are circumstances when an attorney may drop a client.

In those cases, your case is still active, and you will need to find another attorney to take on your case.

What Do I Do if I Want to Change Lawyers?

If you are thinking about changing attorneys, follow this process.

#1) Weigh the pros and cons. Remember, changing attorneys comes with both benefits and disadvantages. Before you make the decision, take time to consider your options. Weigh the pros and cons to determine if you are better off sticking with your current attorney or starting over with a new one.

#2) Read the contract you have with your current attorney. Refer back to the contract you signed when you retained your current attorney. There may be clauses related to changing attorneys. Review it to see if there are specific processes you must follow or fees you must pay.

#3) Talk to potential new attorneys. Before you decide to break ties with your existing attorney, take a few free consultations with other attorneys. Share the details of your case and explain why you would like to seek new representation. Use what you learn in the free consultations to help you decide if seeking new representation is really your best option.

Related: What to Ask During a Free Consultation with a Lawyer

#4) Talk to your attorney. In some cases, you may be able to resolve the issues with your current attorney by having a conversation and working through the problems. Talk to your current attorney about the issues you are having and look for a way to resolve the problems before hiring a new lawyer.

#5) Retain a new attorney who will manage the change for you. If you find that you cannot reconcile the differences between you and your current attorney, take steps to hire another attorney. The newly hired attorney will manage the switch for you. They will file the proper legal documents and work with your other attorney to transfer documents.

Do I Have to Pay Both Attorneys?

If you change attorneys during a case, both attorneys have a right to compensation. You may need to pay your initial attorney for the work he or she has already completed. If you are in a contingency case (such as a personal injury case where your attorney is paid when you receive a settlement), your previous attorney may split the fees with your new attorney.

Related: How Much Does an Attorney Cost? 8 Questions to Consider   

Are You Looking to Change Lawyers?

If you are in the middle of a legal case and not satisfied with your attorney, we’re here to help. Schedule a free consultation with TJ Grimaldi to find out if he can take over your case and offer the excellent, experienced representation you deserve.

Schedule your free consultation or call 813-226-1023 today.

If you’ve heard that Florida is a no-fault state when it comes to auto accidents, you might be confused about what that means. The phrasing “no-fault” leads many people to misunderstanding the law.

Here is what you need to know about Florida being a no-fault state and what it means for you if you have been injured in an auto accident.

The Difference Between Fault and No-Fault States

A state is typically considered either a fault or no-fault state when it comes to auto accidents.

Fault States

Most states are considered “fault states.” They operate in a tort insurance system. In a fault state, the driver who caused the accident is responsible for damages incurred by the injured party.

Fault is typically determined by a police officer who uses evidence such as witness statements and on-site details to explain what they believe happened. If a party doesn’t believe they are at-fault, they can create a legal argument to prove that they did not cause the accident.

The insurance company for the at-fault party pays the damages for other involved parties. If the insurance company does not cover all of the losses, the injured party can file a personal injury lawsuit against the at-fault driver.

No-Fault States

Twelve states are considered “no-fault states.” In these states, the party responsible for the accident is not necessarily responsible for paying for damages incurred by the injured party. Both parties use their own insurance to cover their damages.

In these states, drivers must have Personal Injury Protection (PIP) auto insurance. Drivers insure themselves to protect themselves from the financial costs of being in an accident. PIP insurance covers damages for the driver whether they are at-fault or not. PIP insurance typically covers the costs of medical fees, lost wages, and funeral costs.

No-fault insurance is intended to make it easier and faster for injured parties to receive financial compensation. Each driver’s insurance is responsible for their claims, lessening the need for litigation and negotiation between two parties. This design does not mean that litigation is never involved in a no-fault state. Parties who believe they have not received fair and adequate damages can bring litigation against their insurance company.

Florida Is a No-Fault State

Florida is a no-fault state. Other no-fault states include Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

Related: What To Do After a Car Accident That’s Not Your Fault 

What Does It Mean If You’re Injured in a No-Fault State?

If you have been injured in an accident in Florida, an experienced car accident lawyer can help you determine what that means for your unique situation. In most cases, it means the following.

Seek medical treatment right away. Under most PIP coverage, an injured party is required to seek medical treatment within 14 days of their accident. If you don’t, your insurance may try and deny your claim. If you are injured in an auto accident, it is always recommended to immediately seek medical treatment.

Related: Injured in a Car Accident? Here’s What You Need to Do Right Away.

Your insurance company is responsible for damages. In a no-fault state, your insurance company is responsible for compensating you for personal injury damages as they relate to medical expenses, lost wages, and funeral costs.

You don’t need an attorney to receive compensations from your insurance company — but it is a good idea to seek representation. While you can file a claim with your insurance company on your own, it is a good idea to work with an attorney if you have been injured in an auto accident. Insurance companies are set up to provide injured parties with the lowest amount of compensation possible. An attorney will fight for you to ensure that you get the full settlement you deserve.

Related: Personal Injury Compensation: What Can You Fight For?

You can still file a personal injury lawsuit against a negligent driver. Even in a no-fault state, you can still sue for personal injury if you suffered serious and/or permanent injuries during an auto accident that wasn’t your fault. In the event that the negligence of another driver left you with long-term damages, you can seek additional damages from the at-fault party. An auto accident attorney can help you file a lawsuit and negotiate a settlement that covers damages related to:

  • Medical expenses beyond your PIP limit
  • Lost wages
  • Loss of future income
  • Property damage
  • Pain and suffering
  • Emotional trauma

Talk to an Auto Accident Attorney in Florida

Dealing with insurance companies after an accident can be confusing and stressful. Don’t put pressure on yourself to figure it out on your own.

If you have been injured in a car accident in Florida, talk to an experienced personal injury attorney who can help you sort through the legal guidelines and ensure that you get what is fair and due to you from your insurance company.

Schedule a consultation with TJ Grimaldi to see how we can help you with your case. All consultations are free so schedule or call 813-226-1023 today.

Part of going through the legal process for a personal injury is telling your story. One way you will share what happened to you and how the results of the accident impacted your life is through a personal injury deposition.

What Is a Personal Injury Deposition?

A deposition is a part of the legal process wherein a plaintiff, defendant, or witness gives sworn testimony. The witness is under oath and compelled to answer questions from both sides of a legal dispute. Depositions are held at a lawyer’s office or in a nearby courthouse. A court reporter is usually present during a deposition and responsible for transcribing the interview into a print document.

A personal injury deposition typically takes place in the discovery phase — the time after the lawsuit has been filed and before a settlement is made. The personal injury deposition is used to collect facts and evidence about the case.

If you are the injured party in a personal injury case, a deposition will be very important to your case. It is your opportunity to prove points of your case and provide information about how the injury happened and how it has impacted your life.

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

How To Prepare for a Personal Injury Deposition

Don’t go into a deposition unprepared. Work with a personal injury attorney to prepare so you feel confident and comfortable going into the deposition.

Write down your story. Going into your deposition, you should know the details of your story inside and out. To help you remember each detail and fact, write down your story to get everything out on paper. Recount:

  • Details of the accident
  • Injury and damage descriptions
  • Life after the accident

(Note: You may not be able to take your notes to the deposition as they could be considered as evidence. Look for guidance from your attorney about whether or not to bring notes to your deposition.)

Review weak points in your case. If you are the one who has sued for personal injury, the other party is going to do what they can to try and fight your case. They are going to look for weak points in your story to help their case. Before your personal injury deposition, review the points that you believe the other side will try to make. Prepare answers for those questions, and be ready for the defense attorney to push you on issues that will show weaknesses in your story.

Practice. One of the benefits of working with an experienced personal injury attorney is that they will know what to expect during a deposition and help you practice for what it will be like. Go through mock depositions so you feel comfortable fielding questions and giving your answers.

Get rest the day before. You want to be well-rested and clear-headed the day of your personal injury deposition. The day before, take care of yourself and get a good night of sleep.

Related: Think You Have a Slip and Fall Case? Take These 7 Steps

Tips for Getting Through Your Deposition

Planning ahead is one of the best tips for getting through a personal injury deposition. Use these other best practices to successfully navigate the process.

Take your time. Don’t rush through the questioning. When asked a question, take a moment to run it through your head. Before you speak, make sure you fully understand the question and how you want to respond. If you don’t understand the question or it seems vague, ask for clarification before offering information.

Don’t volunteer additional information. You are required to answer questions during a deposition, but you are not required to offer supporting details. Don’t guess. Don’t fill in the blanks. If you don’t remember or know the answer, say so. If asked a yes or no question, simply respond with a yes or no.

Take it seriously and remain calm. A deposition is not the time to make jokes or show anger. Focus on sticking to the facts, and be professional and polite. Don’t argue with the attorney or include sarcastic comments. Avoid small talk and be as straightforward and concise as possible.

Always tell the truth. You are under oath during a personal injury deposition. It is your obligation to tell the truth, and you should never lie. Lying during a deposition can come back to hurt your case if the other side can show that you were not truthful.

Let your attorney lead you. When you have a trusted personal injury by your side, look to them for guidance throughout the process. If you aren’t sure how to answer something or need clarification, speak privately to your attorney. If your attorney objects to any questions, wait until you are instructed to answer before providing information. An experienced attorney will know how to best guide you through the process.

Related: Personal Injury Compensation: What Can You Fight For?

Start Preparing Your Personal Injury Case Today

A deposition is only one part of a personal injury case. Take these steps to prepare for this portion of your case and make sure you get the right support throughout the entire process by talking to a personal injury attorney today.

Start your case off with the right legal approach. Begin to build your case so you can get what is fair and due to you if you have been injured in an accident.

Talk to TJ Grimaldi today to get answers to you r questions about depositions and the overall legal process for your case. All consultations are free. Schedule or call 813-226-1023 today.