FAQ 1 - How Much Does BC Law Charge?
How much do you charge?
That depends on whether your case is for personal injury or not. For non-personal injury matters we offer our clients the choice between a traditional hourly fee contract or a guaranteed flat fee contract.
Hourly Fee Contract: This is a traditional fee contract. The total fee on the hourly contract will depend on the amount of time an attorney works on the case until the case is concluded by settlement or verdict. BC Law typically charges $350 and hour plus costs in these cases.
Flat Fee Contract: A guranteed flat fee contract is just that, before we are hired we break your case into multiple parts and calculate a flat fee to be paid for that particular stage of the case, and each one along the way, until your case settles or reaches a verdict. You will know the total fee amount you will be charged on your entire case when the contract is signed. We will also estimate your costs, but these will vary.
Personal injury Contract: Personal injury clients are traditionally charged a percentage, either 33.33% or 40%, of the gross recovery as the fee. Because the fee is contingent on the recovery happening the fee contracts are often called contingency contracts. That's why you hear the term "No recovery, No fee".
Once we know the type of matter you need representation on we can provide you the contract that best suits your situation. Call us and we can discuss it.
Resources: The Florida Bar has excellent information about attorney's fees here.
FAQ 2 - How Long Will It Take BC Law To Resolve My Case?
How long will it take to resolve my case?
That depends. On a lot of things. Although each case is unique (A multimillion dollar case could settle within 6 months while a $10,000.00 case could take three years) the following is a very rough approximation:
Personal Injury Cases: Generally Personal Injury cases take between 6 months to a year to resolve when a lawsuit is not necessary. If a lawsuit is necessary it typically takes between a year to 18 months to be completed.
Other Matters: Generally, any other matter that has to be litigated involving disputes for $15,000.00 or more take a year to 18 months to resolve. Disputes invovling less than $15,000.00 are usually completed within 6 months to a year. This is often why more reasonable parties to such lawsuits compromise their claims and settle.
Landlord/Tenant: Evictions and other landlord/tenant diputes can normally be completed in 2 to three months.
Mortgage foreclosure: Mortgage foreclosure defense is the main exception to all of these rules. Although it is getting better, it is not uncommon for defended mortgage foreclosure actions to take between 2 to 5 years to resolve. This lengthy process is mostly due to overcroweded dockets and the unusual way foreclosures have been handled by the banks given the "Mortgage Crisis". When things get back to normal a mortgage foreclosure action should take about 6 months to a year complete.
FAQ 3 - Can BC Law Represent Me?
Can BC Law Represent You?
Again, that depends. Like most law firms BC Law limits representation to specific areas of the law. However, please use us as a resource when you believe you might have a legal problem. While we encourage you to read all you can on this website and to Google BC Law to learn more about us, it is probably faster and more informative to just call us and ask. We are here to serve our community and its citizens. There is never a charge for an attorney to speak to you about your legal concerns and, if BC Law cannot represent you, we will definately let you know. If BC Law cannot represent you we can often recommend local attorneys, law firms and legitimate unbiased attorney vetting resources (see here, here, here, here and here for example) to help you find an attorney that is perfect for you. Give us a call - we are happy to help.
FAQ 4 - What Can I Do If I Am Sued For Foreclosure?
A lot. Right now the laws in Florida regarding foreclosures is in a bit of flux, however, the appellate courts are starting to write some very clear and well reasoned opinions regarding how the banks should be proving their cases in court. Frankly, in my opinion, Florida trial courts were habitually granting foreclosure judgments in favor of the banks without requiring the banks to prove their cases in accordance with the rules of evidence. Stated another way, the banks that caused the crisis in the first place were being given a pass when proving they have the right to a foreclosure judgment against you. If you were one of those defendants that lost at trial when the bank actually failed to prove its case you had to decide whether it was worth it to appeal the judgment. Frankly, most defendants did not bother. It looks like all that is starting to end, though, and Florida courts will start requiring banks (like every other litigant) to follow the rules when proving their case. This can be a problem for the banks as it can actually be very hard to do given that a lot of mortgages and loans in default have been sold many times since they were originally written, loan servicers have changed sometimes three and four times, and the notices required to be given by the banks before foreclosures are allowed were either never sent, or the banks cannot prove they were ever sent. It is so bad that Banks often cannot prove they owned your loan and mortgage at the time they filed their lawsuit against you. When the bank cannot prove any of these things the trial judge is supposed to dismiss the bank's case.
In the last five years it has been common for foreclosure cases to linger for three and four years, and sometimes as longer, before they are resolved either by trial or settlement. (I currently have a case that has been pending since 2009 and has still not gone to court). Many cases are simply dismissed when the Bank cannot proceed to trial. BC Law currently has multiple clients whose mortgage foreclosure cases were dismissed a few days before trial because the Banks realized they had a problem proving their case. Whether that scenario is good or bad for you will depend on your present circumstance.
But what does any of that mean to you? Well, that depends on what your goals are as a foreclosure defendant. Do you simply need more time to move? Do you want to sell or short sell your home, refinance, or avoid a defiency judgment? Do you want all of the above or not know what you want? That's what BC Law can do for you. Once we know what you need and want, and what is possible, we can go from there.
If you are being sued in Foreclosure or believe you may be soon, please feel free to call us to discuss your situation. It may be better than you think.
FAQ 5 - What Do I need to know about Florida PIP Law?
Florida statute Section 627.736 requires each driver to carry at least $10,000 in Persoal Injury Protection coverage ("PIP") which allows a Florida motorist to receive medical benefits when they are injured in a car accident, even where the accident is their fault. People injured in car accidents, however, have just 14 days to obtain thier first medical treatment. If you wait more than 14 days following a car accident to get your first treatment it will not be covered. Also, you may only be eligible for a total of $2,500 in coverage, despite the fact that you paid for $10,000 in coverage, if your injuries are determined not to be an "emergency medical condition" by certain treating physicians. An emergency medical condition is not otherwise defined in the statute, however, it is generally agreed that patients need certification by a medical doctor, osteopathic physician, dentist, physician's assistant, or advanced registered nurse practitioner that the injury was the type that required immediate medical attention. If there is a death, the deceased is entitled to an additional $5,000.00 in death benefits.