@@shirleymurray157 , I agree.... he was to the point and after a few minutes... you can already predict what he is going to say. Why is it that it is after you secure an attorney, you find the one you Should have hired 😩
Hi Mr. Powell, my mother hired a company to do the roof on the house and they dropped the materials on her head, neck, shoulders ,back and hips. The neighbor said that the crane holding the materials was swinging when they dropped the materials. The insurance company offered 25k and we refused. She has panic attacks now along with headaches, depression, anxiety and the MRI shows herniated disc from C2 to C7. What advice do you have for us ?? Thank you, Paulina
NOTICE OF HEARING NOTICE IS HEREBY GIVEN that Defendants, by and through undersigned counsel, will bring on to be heard the following Motion at the date, time and location listed below. MOTION TO BE HEARD: Defendants’ Motion to Dismiss Plaintiff’s Complaint DATE OF HEARING: Wednesday, February 5, 2020 TIME OF HEARING: 2:00 p.m. (30 minutes) LOCATION OF HEARING: This is how it looks so is this close to settlement or just a longer hearing
This type of motion is usually heard in the early stages of litigation. I suspect your case is not close to settlement or trial. Good luck on winning your hearing.
@@jaytravel-12 In most cases, the Motions to Dismiss a case a heard early on in the litigation process. I suggest you look at the Motion they filed and it might have some clues as to why their is a Motion to Dismiss. Maybe something was not done and they are asking the Court to drop the case. I suggest you schedule a meeting with the attorney handling this case.
The Court requires that the Defendant set a 30 minute hearing on the Defendants, Florida Facilities, LLC, GCH Management Services, LLC, and Pensacola Administrative Services, LLC's, Motion to Dismiss Plaintiffs Complaint with notice to all parties. Counsel shall coordinate a hearing date and time with opposing counsel. Any legal memoranda or case law to be considered by the Court at the hearing must be submitted to the Court and opposing couns That But ok well dont look like you can help me but ok..
Greetings. I had a first time car accident back in March 28th in Florida. I was the front seat passenger and the car I was in was t boned on my side. To my knowledge both parties involved were insured and the car that hit us was at fault. I have completed chiropractic therapy and was referred to a Orthopedic my MRI showed I have a tear, a bulging disc & a herniated disc not sure which has the tear. I was told I may receive some form of injection into my spine. I am 37 years old I still sometimes experience pain in my lower back and neck discomfort. The lawyer assistant told me yesterday their in the next phase of the legal process and at this point all I can do is wait & that it will take several months at minimum to reach a fair settlement. What could or should I expect roughly?
Hi Thomas, at this point in time your attorney will be presenting all of your injury documentation to the insurance companies. Usually this takes about 60 to 90 days for the insurance company(s) to review the liability of their insured, and the damages you have suffered. Then they should negotiate with your attorney for a fair settlement. However, if the insurance limits are low, I would expect them to offer you the policy limits quickly. But you should talk to your attorneys and ask them what they expect the responses to be from the various insurance companies. Also, you should ask them about continuing your treatment so you don't have any gaps. Good luck with your case. Matt
Matthew Powell Thank you for responding...Well this is the response I got from a rep within the firm after asking “In one of my prior email in this string, I informed you that you’ll be receiving a call from the attorney in the next few weeks after he’s reviewed your injury and treatment records and determined the best possible legal position for your claim. You should be prepared to ask him any questions when he calls.” Also what are gaps?
Gaps are a nick name for gaps in treatment. Sometimes people stop going to their doctors, or they don't follow their doctors advice, and the insurance company will use this to lower the settlement. And on the other hand, some people do follow all of their doctors instructions, then the insurance company says you are over treating. If you have time, watch my other video called "Gaps In Treatment can Ruin your Health and your Personal Injury Case" When you speak to your attorney ask them what is the plan they have in mind for your case? Ask them what are the policy limits of the defendant? Ask them if you need to see any specialists or get any other diagnostic testing? Ask the attorney how many times they have filed a suit and gone all the way to a jury trial in a case like yours?
Hi Matt, I didn't know it could go to court if the third party refused the claimants offer. My solicitor said to me that we are not taking your case to court because of the Neurologists Report which said you only had a mild head injury. So the best thing was to put an offer in. Basing a mild head injury being worth £1250, she told me that anything more than £7000 would be a too high a risk and if you ask for too much then the third party may refuse to give you anything at all and then you will then be responsible for their costs. I wasn't aware or even given the option of this going to court if the third party refused. Is this the solicitors choice or should it have been mine? m a lay person with a brain injury for gods sake!
To me a "Mild Head Injury" is all dependent upon who's injury it is. If it is your brain that is injured, then it probably isn't mild to you. I say you should press your solicitor to file a formal claim and let the court decide how injured you are. The reason we have a court system is to deal with at fault parties who refuse to take responsibility for their actions. The at fault party has the right to say "NO, we won't pay a dime." But you have the same right to say, well, I am going to file a suit against you and let the court figure it out. Don't shy away from involving the court. Good luck. Matt
MattLaw . Y Thank you for all your advice Matt. It's greatly appreciated. I didn't have a choice, the solicitor advised they wouldn't take it to court full stop. So I believe that they couldn't understand the complexity of my brain injury, brain herniation, and over-stretched brainstem and therefore wouldn't support me. The medico-legal neurologist atrociously downgraded my injury and committed perjury in the process yet my solicitor never questioned this. Lessons to be learned - make sure you get a damn good solicitor who supports your claim instead of building a brick wall against it.
Hi Karen, I can only say that it is the client's decision whether to go to court or not. You have the power to accept or reject any offer. However, you hired an attorney for advice, and attorneys all have different opinions about the value of every case. If you disagree with your attorney's value of your case, I suggest you reach out and talk to other attorneys before you make a final decision. Good luck. Matt
@@karenroche6194 , Thank You for providing a bit of your story to better understand the nuances of the rights you have as the plaintiff. I wish for you a very Merry Christmas Ms. Roche.
@@MattlawAttorney I can see that. Especially when you have to advise them that they could be on the hook for costs. Our clients are in enough financial trouble after a crash to begin with.
Hi , my knee was injured in an accident and my attorney says if you get it well through surgery you can get 20 k i think he is making me very low compensation offer should i just accept his offer or how i can ask for the right compensation and what it could be in case of surgery please help.
Your question is quite complex. The value of every injury case depends on many factors. Your disability caused by the injury, how does this affect you for the rest of your life? Your recovery from the injury, was it great, or not so good? What opportunities in life have been taken away that were caused by the other's negligence? Your age, your working history, what you do in life to help others. The bottom line is there is many things to consider regarding the value of a surgery. I hope this helped to some extent. Please talk to your lawyer about these issues.
@@MattlawAttorney well when I checked my county civil records filing it said something about a notice of hearing Set for February 5th 2019.. Guess that's a date ?
Hi Mr. Powell I have communicated with you before on here regarding my case. My case involves an auto accident ! Ride share case and me being the driver .and the plaintiff ! U I claim one mil limit! This case has take almost 4 years. We have a mediation in less than two months! Based on My injuries which is multiple such as herniated disc In neck which is more severe and lower back and mid back. TMJ as well. Knee and head impact .elbow.and others I have episodes of forgetfulness and I feel that I am having trouble pronouncing and processing certain words as I did not have this problem before accident. The impact did not leave a dramatic visible sign of crash on the car another word my car did not crumble but it was hard enough as I was stopped at red light with my foot on break which pushed me into the car in Front of me . that's how hard impact was . Now the defence is arguing that there hasn't been much of impact therefore injurirs can not be dramatic!! But all medical record show otherwise and serious! I initially asked for one mil My attorney has asked another attorney who is a close friend of him and a trial lawyer to get on board and take the case on for poossibly an arbitration since he is not a trial lawyer !so this new attorney without asking me first went a head and put in an offer of 700k ! Can he do that? I objected to this ! But they keep telling me to listen to them and take their advice as they think that I need to be more realistic on my offer ! My surgery alone costs close to 220k and thats not post operation cost of care etc. Do you think he did a right thing to present this offer of 700k to defence?can we still ask for more by the time mediation roles around? Thank you so much. I wish you were in California to take my case!
Hi Bobby, I suggest you have a meeting and talk with your lawyers about your case. It is important that you and them agree upon the strategy and goals of your case.
As a high school student I was injured in school bus accident where my bus was parked in the parking lot of the school and another school bus hit us from behind. I hyperextended my knee and was sent to the hospital I tore my patella and had to get prp injections which that didn’t work so I had to get knee surgery and now my leg doesn’t isn’t the same anymore after surgery. How much is my case worth?
I hate to say this, but "It depends" on what state did this collision happen? Were the bus drivers working for the State, or a private company? In your case, the liability is clear, and the damages are obvious, the causation of your damages might not be so clear, but the one remaining issue you need to know is how collectible are the defendants. The reason I asked which state, and if the bus is operated by the government, is because some states have caps on what you can collect. For example, in Florida, the most you could collect is $200,000.00. And from what you have said about your injury, you would probably exceed the cap. Therefore, my answer is qualified by any sovereign immunity caps that may affect your claim. I suggest you consult with an attorney in your area immediately to protect your rights. Good luck, Matt
@@hezekiahhairs7427 , Thank You for your story, It sucks when the obvious accident doesn’t go immediately and unequivocal in the injured party’s favor.
Question: what if in meditation the defense does not offer a counter offer but instead file for motion for summary judgment for dismissal, the plantiff attorney then files for a PFS for X amount, what does this say in this scenario? Did the plaintiff attorney asked for too much in meditation, more then what the defense brought to the table? And the defense is trying to get it dismissed? Thank you
A defendant will not offer much or any money on a case where they think they can have the case dismissed. Your lawyer obviously felt like your case met the legal and factual grounds to file suit. The defense may be just posturing and bluffing trying to scare you saying your case will be dismissed, when your case probably won't be dismissed. Talk to your lawyer. If you are confident, tell the defense try to have the case dismissed, and when it is not dismissed, then it will cost you the full fair value, no discounts. Good luck.
Me and my wife got into an accident a guy ran a stop sign and we had to tbone him his ins company admitted he was 100 percent at fault the lawyer just made a demand letter for my wife for 149k shes done treating I have more bigger injuries 3 herniated discs I did the injection shots ect ect my demand letter is around 350k how close to the number do you think they will settle for
Hi Sean, Your attorney will be able to give you much better advice on the settlement of your case. There are so many variables to consider. However, the liability seems clear, the damages are well documented, and it sounds like there is ample insurance coverage to pay the damages. It sounds like your case is on track for a full and fair recovery. Good luck to you. Matt
Great presentation. I am a victim and I have a mediation coming up and you have made it so easy for me to make an informed decision. Thank you.
Thanks for watching. I hope you learn a lot in mediation and maybe even settle for a fair amount. Good luck to you.
Very good information which 99% of the public does not know and it is explained clearly so that an intelligent offer can be made or accepted.
Outstanding. I am the plaintiff in such a case now. Very very informative. Thank-you.
You are very welcome
Matt, Your are so bright and so polished. WOW! Thank you so very much!!!!!!!
Thank you for watching and taking your time to leave such a nice comment.
@@MattlawAttorney Your very welcome Matt. You taught me more in 10 mins, than anybody else in my entire life. Again, thank you!!!!!!!
@@shirleymurray157 ,
I agree.... he was to the point and after a few minutes... you can already predict what he is going to say. Why is it that it is after you secure an attorney, you find the one you Should have hired 😩
One of the best explanations I’ve heard
Thank you! it is sort of a complicated subject, I am glad you like it. Matt
Matt is the best explaining all matters
Thanks for watching the video and leaving a comment!
Thank you so much for explaining. Thorough and easy to understand! Much appreciated. 🙂
Thanks for watching.
Thanks Matt. I attended mediation and i negotiated for twice the amount they were offering. Thank you for your response. Awesome job.
Congratulations on resolving your case for a fair amount.
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Awesome content and presentation, thanks.
Hi Mr. Powell, my mother hired a company to do the roof on the house and they dropped the materials on her head, neck, shoulders ,back and hips. The neighbor said that the crane holding the materials was swinging when they dropped the materials. The insurance company offered 25k and we refused. She has panic attacks now along with headaches, depression, anxiety and the MRI shows herniated disc from C2 to C7. What advice do you have for us ?? Thank you, Paulina
Hi Paulina, I suggest you hire a board certified civil trial attorney in your area. Your mom has a good case and needs a lawyer to guide her.
yes really well explained and presented!! Best
Thanks Elvis.
He has very good hands, good finger movement, good wrist movement, tight arms. Compelling arms dude.
Thanks Vladimir for watching.
LoL
Great job explaining
Thank you. Matt
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that Defendants, by and through undersigned counsel,
will bring on to be heard the following Motion at the date, time and location listed below.
MOTION TO BE HEARD: Defendants’ Motion to Dismiss Plaintiff’s
Complaint
DATE OF HEARING: Wednesday, February 5, 2020
TIME OF HEARING: 2:00 p.m. (30 minutes)
LOCATION OF HEARING:
This is how it looks so is this close to settlement or just a longer hearing
This type of motion is usually heard in the early stages of litigation. I suspect your case is not close to settlement or trial.
Good luck on winning your hearing.
Well sorry sir but my case been going on for 4yrs so yea ?
No at all early
@@jaytravel-12 In most cases, the Motions to Dismiss a case a heard early on in the litigation process. I suggest you look at the Motion they filed and it might have some clues as to why their is a Motion to Dismiss. Maybe something was not done and they are asking the Court to drop the case. I suggest you schedule a meeting with the attorney handling this case.
The Court requires that the Defendant set a 30 minute hearing on the Defendants,
Florida Facilities, LLC, GCH Management Services, LLC, and Pensacola Administrative
Services, LLC's, Motion to Dismiss Plaintiffs Complaint with notice to all parties. Counsel shall
coordinate a hearing date and time with opposing counsel. Any legal memoranda or case law to
be considered by the Court at the hearing must be submitted to the Court and opposing couns
That
But ok well dont look like you can help me but ok..
Greetings. I had a first time car accident back in March 28th in Florida. I was the front seat passenger and the car I was in was t boned on my side. To my knowledge both parties involved were insured and the car that hit us was at fault. I have completed chiropractic therapy and was referred to a Orthopedic my MRI showed I have a tear, a bulging disc & a herniated disc not sure which has the tear. I was told I may receive some form of injection into my spine. I am 37 years old I still sometimes experience pain in my lower back and neck discomfort. The lawyer assistant told me yesterday their in the next phase of the legal process and at this point all I can do is wait & that it will take several months at minimum to reach a fair settlement. What could or should I expect roughly?
Hi Thomas, at this point in time your attorney will be presenting all of your injury documentation to the insurance companies. Usually this takes about 60 to 90 days for the insurance company(s) to review the liability of their insured, and the damages you have suffered. Then they should negotiate with your attorney for a fair settlement. However, if the insurance limits are low, I would expect them to offer you the policy limits quickly. But you should talk to your attorneys and ask them what they expect the responses to be from the various insurance companies. Also, you should ask them about continuing your treatment so you don't have any gaps. Good luck with your case. Matt
Matthew Powell Thank you for responding...Well this is the response I got from a rep within the firm after asking “In one of my prior email in this string, I informed you that you’ll be receiving a call from the attorney in the next few weeks after he’s reviewed your injury and treatment records and determined the best possible legal position for your claim. You should be prepared to ask him any questions when he calls.” Also what are gaps?
Gaps are a nick name for gaps in treatment. Sometimes people stop going to their doctors, or they don't follow their doctors advice, and the insurance company will use this to lower the settlement. And on the other hand, some people do follow all of their doctors instructions, then the insurance company says you are over treating. If you have time, watch my other video called "Gaps In Treatment can Ruin your Health and your Personal Injury Case"
When you speak to your attorney ask them what is the plan they have in mind for your case? Ask them what are the policy limits of the defendant? Ask them if you need to see any specialists or get any other diagnostic testing? Ask the attorney how many times they have filed a suit and gone all the way to a jury trial in a case like yours?
Hi Matt, I didn't know it could go to court if the third party refused the claimants offer. My solicitor said to me that we are not taking your case to court because of the Neurologists Report which said you only had a mild head injury. So the best thing was to put an offer in. Basing a mild head injury being worth £1250, she told me that anything more than £7000 would be a too high a risk and if you ask for too much then the third party may refuse to give you anything at all and then you will then be responsible for their costs. I wasn't aware or even given the option of this going to court if the third party refused. Is this the solicitors choice or should it have been mine? m a lay person with a brain injury for gods sake!
To me a "Mild Head Injury" is all dependent upon who's injury it is. If it is your brain that is injured, then it probably isn't mild to you. I say you should press your solicitor to file a formal claim and let the court decide how injured you are. The reason we have a court system is to deal with at fault parties who refuse to take responsibility for their actions. The at fault party has the right to say "NO, we won't pay a dime." But you have the same right to say, well, I am going to file a suit against you and let the court figure it out. Don't shy away from involving the court. Good luck. Matt
MattLaw . Y
Thank you for all your advice Matt. It's greatly appreciated. I didn't have a choice, the solicitor advised they wouldn't take it to court full stop. So I believe that they couldn't understand the complexity of my brain injury, brain herniation, and over-stretched brainstem and therefore wouldn't support me. The medico-legal neurologist atrociously downgraded my injury and committed perjury in the process yet my solicitor never questioned this. Lessons to be learned - make sure you get a damn good solicitor who supports your claim instead of building a brick wall against it.
Hi Karen, I can only say that it is the client's decision whether to go to court or not. You have the power to accept or reject any offer. However, you hired an attorney for advice, and attorneys all have different opinions about the value of every case. If you disagree with your attorney's value of your case, I suggest you reach out and talk to other attorneys before you make a final decision. Good luck. Matt
MattLaw Thank you Matt for all your help and advice. It’s very much appreciated. Just my fault in using the wrong Solicitor. Best Wishes Matt.
@@karenroche6194 ,
Thank You for providing a bit of your story to better understand the nuances of the rights you have as the plaintiff. I wish for you a very Merry Christmas Ms. Roche.
This is an excellent breakdown of this horrible law. I am glad I practice in a state where "loser pays" is not a thing.
The Offer of Settlement can apply undue pressure to some clients. Thanks for watching.
@@MattlawAttorney I can see that. Especially when you have to advise them that they could be on the hook for costs. Our clients are in enough financial trouble after a crash to begin with.
Hi , my knee was injured in an accident and my attorney says if you get it well through surgery you can get 20 k i think he is making me very low compensation offer should i just accept his offer or how i can ask for the right compensation and what it could be in case of surgery please help.
Your question is quite complex. The value of every injury case depends on many factors.
Your disability caused by the injury, how does this affect you for the rest of your life?
Your recovery from the injury, was it great, or not so good?
What opportunities in life have been taken away that were caused by the other's negligence?
Your age, your working history, what you do in life to help others.
The bottom line is there is many things to consider regarding the value of a surgery.
I hope this helped to some extent. Please talk to your lawyer about these issues.
so my moms nurse home case has been going on for 4rys when hell will it settle
Some cases take many years. I suggest you contact your attorney and ask them when is your trial date.
@@MattlawAttorney well when I checked my county civil records filing it said something about a notice of hearing Set for February 5th 2019..
Guess that's a date ?
What happens when a car accident is 50 50
That is a great question. Each insurance company pays 50%. Well, that is the law in Florida. Some other states have different laws.
Hi Mr. Powell
I have communicated with you before on here regarding my case.
My case involves an auto accident ! Ride share case and me being the driver .and the plaintiff ! U I claim one mil limit!
This case has take almost 4 years.
We have a mediation in less than two months!
Based on My injuries which is multiple such as herniated disc
In neck which is more severe and lower back and mid back.
TMJ as well.
Knee and head impact .elbow.and others
I have episodes of forgetfulness and I feel that I am having trouble pronouncing and processing certain words as I did not have this problem before accident.
The impact did not leave a dramatic visible sign of crash on the car another word my car did not crumble but it was hard enough as I was stopped at red light with my foot on break which pushed me into the car in Front of me . that's how hard impact was .
Now the defence is arguing that there hasn't been much of impact therefore injurirs can not be dramatic!! But all medical record show otherwise and serious!
I initially asked for one mil
My attorney has asked another attorney who is a close friend of him and a trial lawyer to get on board and take the case on for poossibly an arbitration since he is not a trial lawyer !so this new attorney without asking me first went a head and put in an offer of 700k ! Can he do that? I objected to this ! But they keep telling me to listen to them and take their advice as they think that I need to be more realistic on my offer ! My surgery alone costs close to 220k and thats not post operation cost of care etc.
Do you think he did a right thing to present this offer of 700k to defence?can we still ask for more by the time mediation roles around?
Thank you so much.
I wish you were in California to take my case!
Hi Bobby, I suggest you have a meeting and talk with your lawyers about your case. It is important that you and them agree upon the strategy and goals of your case.
As a high school student I was injured in school bus accident where my bus was parked in the parking lot of the school and another school bus hit us from behind. I hyperextended my knee and was sent to the hospital I tore my patella and had to get prp injections which that didn’t work so I had to get knee surgery and now my leg doesn’t isn’t the same anymore after surgery. How much is my case worth?
I hate to say this, but "It depends" on what state did this collision happen? Were the bus drivers working for the State, or a private company? In your case, the liability is clear, and the damages are obvious, the causation of your damages might not be so clear, but the one remaining issue you need to know is how collectible are the defendants. The reason I asked which state, and if the bus is operated by the government, is because some states have caps on what you can collect. For example, in Florida, the most you could collect is $200,000.00. And from what you have said about your injury, you would probably exceed the cap. Therefore, my answer is qualified by any sovereign immunity caps that may affect your claim. I suggest you consult with an attorney in your area immediately to protect your rights. Good luck, Matt
The bus drivers work for the state. And It occurred in the state of Maryland.
My doctor also listed me as permanently injured
@@hezekiahhairs7427 ,
Thank You for your story, It sucks when the obvious accident doesn’t go immediately and unequivocal in the injured party’s favor.
Very confusing
Please feel free to call my office and I will try to explain anything to help.
Question: what if in meditation the defense does not offer a counter offer but instead file for motion for summary judgment for dismissal, the plantiff attorney then files for a PFS for X amount, what does this say in this scenario? Did the plaintiff attorney asked for too much in meditation, more then what the defense brought to the table? And the defense is trying to get it dismissed? Thank you
A defendant will not offer much or any money on a case where they think they can have the case dismissed. Your lawyer obviously felt like your case met the legal and factual grounds to file suit. The defense may be just posturing and bluffing trying to scare you saying your case will be dismissed, when your case probably won't be dismissed. Talk to your lawyer. If you are confident, tell the defense try to have the case dismissed, and when it is not dismissed, then it will cost you the full fair value, no discounts. Good luck.
The jury’s should fellow the fact and evidence
I hope the jury follows the facts and evidence in a trial and brings about the right result.
Me and my wife got into an accident a guy ran a stop sign and we had to tbone him his ins company admitted he was 100 percent at fault the lawyer just made a demand letter for my wife for 149k shes done treating I have more bigger injuries 3 herniated discs I did the injection shots ect ect my demand letter is around 350k how close to the number do you think they will settle for
Hi Sean,
Your attorney will be able to give you much better advice on the settlement of your case. There are so many variables to consider. However, the liability seems clear, the damages are well documented, and it sounds like there is ample insurance coverage to pay the damages. It sounds like your case is on track for a full and fair recovery. Good luck to you. Matt
“Loser pays” would eliminate frivolous cases.
And Offers of Settlement have encouraged frivolous cases to settle cheap. It does work.
Moral of the story don't file