Q: How long will my case take?
A: Every case moves at its own pace. A straightforward injury with clear liability and limited medical treatment may resolve in as little as 6–9 months. More complex maritime and personal injury cases—especially those involving surgery, disputed liability, multiple defendants, or arbitration—can take 18–36 months, sometimes longer. Key factors include:
- Medical Recovery (MMI): We often wait until you reach Maximum Medical Improvement so future medical needs are clear.
- Liability Disputes: If the cruise line, employer, or insurer denies fault, litigation is often necessary.
- Court & Arbitration Schedules: Federal courts in Miami and other maritime venues set timelines we cannot control.
- Insurance & Defense Tactics: Delays, motions, and appeals can extend the process.
- Settlement Opportunities: Mediation or pre‑suit negotiations may shorten the timeline, but only if a fair number is offered.
Our goal is to balance efficiency with maximizing value never rushing to settle too soon, but also not letting your case languish without progress.
Q: What is my case worth?
A: The value of your case isn’t a fixed number it’s a range based on multiple moving parts. Key factors include:
- Liability: How clear is fault? Disputed liability reduces value; strong evidence of negligence increases it.
- Medical Diagnosis & Prognosis: Objective findings (fractures, surgeries, permanent impairment) carry more weight than soft tissue injuries. Future treatment and long‑term prognosis heavily influence value.
- Economic Losses: Lost wages, reduced earning capacity, and out‑of‑pocket expenses are measurable damages that anchor your claim.
- Venue & Forum: Miami federal court, arbitration panels, or state courts all impact jury pools, procedural rules, and average awards.
- Insurance & Defendant’s Solvency: Available coverage and defendant’s financial strength place practical ceilings on recovery.
- Comparative Fault: Any percentage of blame assigned to you reduces value proportionally.
- Liens & Subrogation: Medical liens (Medicare, Medicaid, ERISA, Tricare, VA, etc.) must be repaid, affecting your net.
- Comparable Verdicts/Settlements: We analyze databases and recent outcomes in similar cases to bracket expectations.
Ultimately, we build a data‑driven settlement range, then layer in risk analysis and negotiation strategy to maximize your recovery.
Q: What are the stages from intake to resolution?
A: A personal injury or maritime case typically unfolds in structured phases, though timing and intensity vary depending on complexity:
- Intake & Investigation: Collect facts, contracts, photos, witness contacts, incident/medical reports, and secure initial evidence.
- Medical Care & Documentation: You focus on treatment while we obtain and track medical records, bills, and updates on your recovery.
- Preservation Letters: Formal notices to defendants to safeguard CCTV, maintenance logs, safety records, voyage data, and other critical evidence.
- Pre-Suit Demand & Negotiation: We prepare and send a comprehensive demand letter summarizing liability, damages, and settlement expectations.
- Mediation/Settlement Efforts: A neutral mediator may help resolve disputes before filing a lawsuit, often saving time and costs.
- Filing Suit or Arbitration: If pre-suit fails, we file a complaint in court or initiate arbitration (common in cruise/crew contracts).
- Discovery Phase: Both sides exchange written discovery, take depositions, and subpoena records. Defense may request an Independent Medical Exam (IME).
- Expert Workup: We engage medical, vocational, maritime, and economic experts to support your case.
- Motions Practice: Defense may file motions (e.g., for summary judgment) to limit or dismiss claims; we respond and, when strategic, file our own.
- Trial or Arbitration Hearing: If unresolved, your case is decided by a judge/jury (trial) or arbitrator (arbitration).
- Post-Verdict & Lien Resolution: After a verdict or settlement, we negotiate and resolve liens (insurance, Medicare, Medicaid, etc.) before disbursing your net recovery.
Each stage builds on the previous one, and careful preparation at every step strengthens your case and maximizes your outcome.
Quick Glossary
MMI: Maximum Medical Improvement.
IME: Independent Medical Examination (defense medical exam).
Maintenance & Cure: Seaman’s right to living stipend and medical care until MMI.
Unseaworthiness: Vessel not reasonably fit for intended use.
DOHSA: Death on the High Seas Act.
LHWCA: Longshore & Harbor Workers’ Compensation Act.
Subrogation/Reimbursement: Payor’s right to be repaid from your recovery.
Mediation: Facilitated settlement conference.
Spoliation: Destruction/failure to preserve evidence.
Important Notice
Deadlines can be as short as months (e.g., cruise tickets). Contact us immediately so we can preserve evidence and protect your rights.