Frequently Asked Questions
Your injury does not have to be your burden. Contact the injury lawyers at Mac A. Greco, Jr., P.A.
We are injury law professionals dedicated to the practice of protecting the rights of individuals injured through the negligence or wrongdoing of others. Contact us today at 813-223-7849 or through our convenient online form to schedule your free initial case review. Determined and driven, we serve personal injury clients throughout Tampa and St. Petersburg, Florida.
At Mac A. Greco, Jr., P.A., your injury is no longer your burden. While we cannot relieve your injury, we work hard to ensure justice relieves your burden.
General
Will I be responsible for any costs if we lose?
If we are unsuccessful in litigation and/or negotiation of your case, you will not be responsible to us for any of the costs incurred. You are only responsible for costs to us if we win the case.
How much will it cost to pursue the case?
The costs involved with pursuing a case can run anywhere from $1000 to $150,000 or more depending on case specifics. This effort on our part costs you nothing unless there is a recovery. Mac A. Greco, Jr., P.A. will absorb the costs of the litigation and charge you nothing unless a settlement or judgment is collected.
How does Mac Greco A. Jr., P.A. get compensated?
Cases are handled on a contingency fee basis. This means the fee will be a percentage of the recovery obtained on your behalf. Expenses associated with the pursuit of your case will be paid for initially by Mac A. Greco Jr. P.A. Mac A. Greco Jr. P.A. will then be reimbursed for the expenses out of any recovery made on your behalf. If there is no recovery, you will not be indebted to Mac A. Greco, Jr. P.A. for any fees or expenses associated with the representation. In some cases that proceed to litigation, we are able to require the insurance company to pay our legal fee in addition to compensation. If the amount of the court ordered fee is greater than or equal to the contingency fee, then you will usually receive the entire net verdict returned by a jury.
What is mediation?
Mediation is a term given to a settlement conference that takes place prior to a case proceeding to trial. Both parties appear with their attorneys and then appear before a person known as a mediator. Often, the mediator is a retired judge or a lawyer practicing in the local community. Both parties then present their cases to the chosen mediator. At that point, all information contained in the mediation conference is deemed confidential. In the event that the parties are unable to settle the case during the mediation process, the case would then proceed to be set for trial. Some cases are able to be resolved at a later juncture even if the case does not settle at mediation.
How long does it typically take to resolve a case?
The answer is case-specific and could vary greatly depending on the parameters of each individual case. The type of case that is being pursued is the most important variable in determining an average time for a settlement. A medical malpractice case typically takes one to two years from the time it is filed, compared to an auto accident case that typically comes to a settlement in four to twelve months' time. To evaluate your case most accurately, contact our office for a free case review.
What is the statute of limitations?
A law establishing the time limit within which a lawsuit must be brought is called a statute of limitation. Different types of cases have different statutes of limitation. Knowing which statute of limitation applies is critical, since if a lawsuit is not brought within the time limit that applies to the case, the right to sue and recover damages is forever lost. The statute of limitations for a personal injury lawsuit is usually relatively short and subject to a number of factors.
There are also different exceptions that may apply for each type of case, which may extend the statute of limitations. Of course, regardless of the possible availability of an exception, it is always beneficial to bring a lawsuit as soon as it is practical to do so, since the availability (and memory) of witnesses to an accident and related physical evidence is much greater shortly after an accident than after years have passed. It is critical that you contact an attorney immediately after suffering any injury so that the appropriate statute of limitations can be determined. At Mac A. Greco, Jr., P.A., we make sure to explore all aspects of your case as soon as possible to ensure that no claims are lost as a result of untimely action.
Personal injury
How much is my personal injury case worth?
The answer depends on the specifics of your case. A case value is based on five areas of analysis, assuming the liability is clear. A plaintiff in a personal injury case is entitled to five areas of damages:
- Past medical bills
- Future medical expenses
- Past lost wages
- Lost of earning capacity in the future
- Past and future non-economic losses
There is no exact formula to determine exactly how much a case is worth. The value is determined as the evidence for the case comes in. There are factors to be evaluated in determining the strength of the evidence presented, such as testimony, medical records, or any other issues that would allow the insurance company to take credibility from the injured party's case. Due to our long and extensive history of trying such cases, we can generally assess a range of value into which the case may fall after the evidence is accumulated and evaluated. The condition of the injured party during the time elapsed in the evaluation process is also taken into consideration in making our final evaluation prior to proceeding on a case.
An exact value is difficult to determine based on the reality that only pursuing the case to its end will surface an exact outcome. We offer a range value after a thorough evaluation of the facts and evidence that we feel are accurate. We also base this estimate on similar cases we have dealt with in our 30+ year history. Contact our office today for a free initial consultation.
Why do we have to use my insurance company if I did nothing wrong to cause this accident?
If our client is in an accident that is based on the negligence of another party we are able to make a claim for personal injury protection (PIP) benefits. This is commonly referred to as no fault insurance that the legislature designated to pay 80 percent of a person's medical bills and 60 percent of a person's lost wages—up to $10,000. This designation is independent of whether they are at fault or not.
A situation can also occur when a negligent person causes an accident and he or she is uninsured or underinsured. If this is the case, you can make a claim provided you have paid a premium for that coverage with your insurance company.
How long will it take to bring my case to a conclusion?
This answer is contingent upon the complexity of the case. The last thing we want to do is resolve a case while our client is still recovering or in uncertain on the status of their future medical condition. Every client's attorney's fear is to allow the client to sign a release and then discover after advising them to execute the release, that they need future surgery or have massive medical bills still facing them. In most cases, the average premises liability/auto case or any other type of general negligence case is resolved in about 4 to 12 months after being officially represented by our firm. As with any case however, that time range is subject to fluctuation depending on the facts of your specific case.
What does a letter of protection mean in my case?
In many cases, people do not have insurance coverage or their PIP benefits are exhausted. In this situation, some medical facilities and physicians are willing to accept a letter of protection. A letter of protection is a document that gives the patient the ability to keep treatment without paying for the medical bills at the time of treatment. Once the patient recovers, his or her insurance company reimburses the doctor or healthcare facility. This holds true if the facility or physician accepts the letter of protection and the case proceeds as expected. It is, however, always made clear to clients that even with a letter of protection in their medical file, they are ultimately responsible for the medical bills in the event the case does not resolve as expected.
I have full coverage, why am I not covered?
Most often, insurance agents will give a potential consumer a quote on whatever type of coverage the consumer asks for. Full coverage has a broad definition but is typically in reference to an automobile negligence case for recovering for injuries, PIP or no-fault, medical payment benefits and un/underinsured motorist coverage. The PIP coverage applies if the consumer is not at fault, the med pay benefits can make up what the PIP does not cover (20 percent of the medical expenses, 40 percent of the lost wages, and beyond if extended coverage is there). Uninsured or underinsured motorist coverage—probably the most important—allows you to collect from your own insurance company in the event you are injured through the negligence of somebody who has inadequate coverage. This is unfortunate and is something that is all too common. If you have encountered this type of situation, we advise that you contact our office for a free initial consultation.
What are MMI and a permanent impairment rating?
Our lawyers request a final narrative at the conclusion of your medical treatment. Conclusion of treatment occurs when the treating physician has decided you are at MMI. MMI is an acronym for maximum medical improvement and simply means you are stable and recovered to your potential. This does not imply that you are at your level of health and ability equal to that before the accident, but your condition is stabilized. If you have suffered a loss of physical ability, your doctor may assign a permanent impairment rating which insurance companies like to review in valuing the case. However, it is technically not called for as basis at trial in an automobile case.
Why do I have to pay costs in the case?
Our firm uses the Florida Bar-approved Contingency Fee Contract. In terms of fees, it allows for 33 1/3 percent recovery prior to the filing of a lawsuit and an answer being filed by the defendant, plus payment of costs by the client. In most cases, we are able to keep costs down to a minimum in the pre-suit and early litigation stage. As the case moves forward closer to trial, the costs can be expensive. This not something done by design on our part, it is just a reality in litigation nationwide. Once an insurance company gets involved in a case against the consumer, the costs escalate. Mac A. Greco, Jr. P.A., has the resources to pursue claims with the insurance corporations concerning these costs. However, ultimately the client pays the costs in the event of a recovery pursuant to the contract. In the event the case is taken to trial and a verdict awarding compensation is returned, a large portion of the costs may be taxable against the defendant.
Why am I responsible for my PIP deductible?
The legislature has declared that in the no-fault or PIP statute that up to a $2,000 deductible is allowed by the insurance companies for sale to consumers. This is the largest deductible allowed, but it is not mandatory. When consumers go to insurance companies to buy insurance, they can elect to have a deductible much smaller than $2,000 or not to have a deductible. Unfortunately, the fact is that the person who caused the accident derives a benefit of your deductible by reducing their exposure.
Why do we have to file suit? What exactly does that mean?
When a suit is filed, it is the actual act of filing of legal papers at the courthouse. This takes place only with the client's permission after all efforts have been made to resolve the case in pre-suit. In the last seven to eight years, the insurance industry has become very aggressive in defending such cases. We find ourselves in litigation more often than in past decades.
If a case is actually filed it does not mean that you will one day be present at the courthouse steps with one of our attorneys. Most cases resolve before trial. However, there is a possibility that once your case is filed it could in fact go to trial. Most often, based on our experience, we are able to keep the client informed as to their options during the entire process. Although our firm tries many such cases, we still resolve a large percent of our client's cases pursuant to their wishes for a variety of reasons. If there is an offer to settle the case, the ultimate decision in accepting the offer or taking your case to trial will be left to you.
Medical malpractice
What is pre-suit?
Before filing a medical malpractice action, we must gather all pertinent medical records and have them reviewed by a qualified medical expert. If the chosen expert believes that medical negligence occurred, then a Notice of Intent is prepared. This notice outlines the negligence and damage issues in the case and an affidavit from the expert is attached to the notice of intent. At that point, the defense will then have 90 days to investigate the claim. Both parties involved are permitted to take unsworn statements and obtain information concerning the case. At the end of the 90 days, the defense can settle the case, offer to admit liability and proceed to arbitration on damages, or deny the claim. Our experience has shown that the overwhelming majority of cases are denied. A lawsuit is then filed.
How long will it take to resolve my case?
Medical malpractice cases typically take longer to resolve than most cases. It is common to experience between one and two years from the date the complaint is filed to the time it is resolved.
How much will it cost to prosecute my case?
Medical malpractice is among the most expensive type of case to litigate. Generally, costs run between $50,000.00 and $150,000.00 to litigate medical malpractice cases. This fluctuates based on the number of defendants and complexity of the case.
Why is a doctor not automatically responsible for my damages when a surgery or medical procedure does not go well?
In order for a medical malpractice action to succeed, the plaintiff must prove that the doctor or other health care provider was negligent. If surgical procedure does not have the expected outcome, it does not always mean that the doctor was negligent. It must be proven that the outcome was not a reasonably foreseeable complication of the surgery or procedure.
Why is a doctor not automatically responsible for my damages when a surgery or medical procedure does not go well?
In order for a medical malpractice action to succeed, the plaintiff must prove that the doctor or other health care provider was negligent. If surgical procedure does not have the expected outcome, it does not always mean that the doctor was negligent. For negligence to be proven, it must be proven that the outcome was not a reasonably foreseeable complication of the surgery or procedure.
What is a deposition?
When lawsuit is filed, the defense is entitled to take the depositions of the plaintiff and other persons with knowledge relevant to the case. A deposition is a sworn statement under oath concerning the issues of the case. Depositions are normally conducted in one of the lawyers’ offices without a judge being present. Deposition testimony is then recorded on paper and can be used in the trial of the case.
What is mediation?
Mediation is a settlement conference that takes place prior to a case going to trial. Both parties appear with their lawyer and before a person known as a mediator. The mediator is often a retired judge or an attorney practicing in the local community. Both parties present their cases to the mediator. All information contained in the mediation conference is confidential and cannot be used in the trial. If the parties are unable to settle the case during the mediation process, the case proceeds to trial.
Why won’t an attorney take my case even though the doctor was clearly negligent?
Due to the long litigation process, we are unable to take every case involving medical negligence that we see. These cases are very expensive to handle and often times the costs of litigating the case will be more than the damage caused by the negligent party. Before accepting to your case, we try to make sure we are confident you will be satisfied with the likely result.
Will there be a jury trial or settlement?
The majority of medical negligence cases are settled. This makes having an attorney with a proven record of trying such cases critical. Insurance companies will not settle the cases favorably if they do not believe your lawyer will try a lawsuit effectively.
Will I be responsible for anything if we lose?
If our firm is unsuccessful in prosecuting your case, you will not be responsible to us for any of the costs incurred. You only become responsible to us for costs if we are successful in the outcome of the case.
Do you represent doctors and hospitals?
Mac A. Greco, Jr., P.A. only represents injured persons. We do not represent any doctors, hospitals or insurance companies.
Nursing home abuse
How much is this going to cost?
The process costs you nothing, unless there is a recovery. Mac A. Greco, Jr. P.A., will advance the costs of the litigation and charge you nothing unless a settlement or judgment is collected. Nursing home abuse cases can be very expensive to pursue. Litigation costs amounting to as much as $100,000 through a jury trial are common. The earlier a case is settled, the less it costs. The potential of costs involved are case-specific and are considered when evaluating whether a case should be pursued. If it is decided that the case will be pursued, a decision is then made about the amount that will be sought after careful evaluation of facts and evidence.
Can we settle the case without going to court?
Yes. In the majority of cases, a settlement is made before an actual trial. On average, this occurs in around 85-90 percent of cases.
Why does the process take so long?
The Florida legislature has enacted a number of laws that create loopholes. Legal counsel is necessary to entitle a client to validly file a lawsuit in court. This can be a timely endeavor for attorneys. These laws were the product of lobbying efforts by the health care industry, which benefits from such delays. Additionally, it takes time for consulting and testifying experts to evaluate all of the records and evidence in order to give fully informed testimony on behalf of clients.
How much will I net out of the final settlement? I am pursuing this out of principle, but I was wondering what the specifics are?
In most cases, you can expect to net around 50 percent of the gross settlement amount. However, this percentage varies in each specific case depending on the type of case and amount of costs incurred in litigating the specific case.
Should I move my loved one out of the nursing home we are suing?
Yes. If not, the possibility exists that you risk further mistreatment or retaliation by disgruntled nursing home personnel.
Why do we have to pay back Medicare/Medicaid?
Due to under both federal and state of Florida statutes, Medicare and Medicaid are entitled to repayment of certain sums. These laws cannot be changed, but our lawyers make every effort to legally minimize the amount you must repay Medicare and Medicaid under applicable laws and regulations.
Why won’t an attorney take my case even though the doctor or facility was clearly negligent?
Due to the many time-related barriers to pursuing a case involving medical negligence, we are unable to take every case we see. These cases are very expensive to handle and oftentimes the costs of litigating such a case are often more than the damage caused by the negligence. Before accepting your case, we try to make sure we are confident that you will be satisfied with the likely outcome.
Do we have a case and if so, how much is it worth?
Each case has specific evidence and fact involved. After evaluation by our consulting and testifying experts, our attorneys can provide their opinions on each case. If pursued, a jury ultimately determines the amount to be awarded if a case is not settled.
Why does an insurance company have any claim to settlement proceeds?
Florida law allows health insurance companies to recover certain sums paid toward medical expenses made necessary by negligence of nursing homes and healthcare providers. This is similar to way that the laws allow Medicare and Medicaid to recover certain sums. Although our attorneys cannot change these laws, we do make every effort to legally minimize the amounts insurance companies recoup from the settlement.
Do I have to tell my other family members who never paid any attention to the family member in question, about the settlement?
Yes, all persons entitled to an estate's assets under the laws of intestate succession or probate laws must receive disclosure at some point that a claim is being pursued. This does not imply that they are entitled to any share of any settlement proceeds or judgment. Entitlement to shares of such sums is dependent upon many specific variables, including the specific claims pursued, the specific claims for which a verdict is awarded, and if a will exists or not.
Why do we have to set up an estate?
In cases arising out of the death of a loved one, Florida law requires that a legal entity exists before a lawsuit can be pursued in any type of case. If a deceased person, this requires the appointment of a personal representative of the estate of that deceased person by the appropriate probate court.
Insurance disputes
How long will a lawsuit against an insurance company take if it becomes necessary?
This depends on the variables of each particular case. The insurance provider usually offers to pay the benefits owed shortly after they receive the lawsuit in an attempt to settle. If they choose to defend against the case, they hire an attorney to proceed, which usually results in delays as the case then moves through the litigation process. In many such cases, a lawsuit of this type can take anywhere from 90 days to a number of years to resolve. If possible, we attempt to obtain a trial date for our clients within 12 months of the date of filling the suit.
What is the average compensation percentage that Mac A. Greco, Jr., P.A. will receive?
On average, our compensation from a settlement equals around 40 percent of the total amount of benefits we recover from your insurance company on your behalf. This percentage varies because in some cases, we are able to require the insurance company to pay our legal fee in addition to paying your benefits. If the amount of the court ordered fee is greater than or equal to the contingency fee, than you receive all of your benefits without any portion being deducted for legal expenses.
My insurance company keeps requesting additional information about my case. Should I provide it to them?
The vast majority of insurance policies contain a cooperation clause. Essentially, this means that you must comply with all reasonable requests for information made by your insurance carrier. However, this does not suggest that you should endlessly continue to disclose information to the company. We strongly recommend that you consult with a lawyer at the first indication you receive that your claim is not being paid in a timely manner by the company. The initial consultation with our firm is always free and important for you as the client to ensure concise communication with your insurance provider.
If I cannot find a copy of my insurance policy do I still have a claim?
Yes, you still have a claim. Although a review of your policy is a significant part of our evaluation process, we can obtain a copy of the policy directly from the company in the event you cannot produce your copy. If you were never provided with a copy of your policy, please inform us due to the relevancy on behalf of your defense in determining what defenses an insurance company may be able to assert in litigation.
In the event that the insurance company has denied my claim, should I continue to pay my insurance premium?
It often appears unjust to require you to continue to pay your insurance premium to a company that has refused to honor your claim. However, in reality it depends on the type of policy you have and the reason for which the carrier has denied your claim. It is often in your best interest to do so. Submit your case for a free initial review with our office and our attorneys’ will advise you as to whether to continue payment of the premiums. Mac A. Greco, Jr., P.A. represents litigants in numerous trial lawsuits involving insurance disputes as well as other personal injury cases every year statewide. Our experience and reputation speak for themselves for well over 30 years.
