As Florida injury lawyers we know that most of our State’s laws are written to protect the rich and powerful. None is more potent than Florida Statute §768.79, known as the Proposal for Settlement. Essentially, it scares injured Florida Plaintiffs into accepting a Defendant’s (usually an insurance company, hospital or doctor) offer within 30 days with the fear that if the case goes to trial and the judgment is at least 25% less than the offer, the defendant shall be entitled to recover its costs and attorney’s fees. In other words, even if the injured Florida Plaintiff wins his case he may still owe the defendant money.
Of course, there is a similar rule available to the Plaintiff, but in the typical Florida injury, medical malpractice or wrongful death case, it is the Plaintiff or the surviving family that has much more to lose than the defense; and the defense knows this.
Our Miami PI attorneys always advise our clients from the onset of their cases about the probability of the defense using this weapon and counsel them about the risks of not only losing, but winning as well.