Law Offices of James M Thomas, ESQ.

The Law Office of James M. Thomas Esq. works hard for people who have been in automobile accidents, and those who have fallen victim to medical malpractice, other negligence, as well as slip and fall/trip and fall, food poisoning, boat accidents, motorcycle accidents, bicycle accidents, including other negligence and wrongful death claims caused by another resulting in an injury.

BETWEEN 80% AND 92% OF PERSONAL INJURY/NEGLIGENCE CASES SETTLE*...

WHY HASN'T YOURS?

A very important recent study has shown that, for plaintiffs i.e. the person who files the claim, settling is better than going to trial. "The lesson for plaintiffs is, in the vast majority of cases, they are perceiving the defendant's offer to be half a loaf when in fact it is an entire loaf or more," said Randall L. Kiser, a co-author of the study and principal analyst at DecisionSet, a consulting firm that advises clients on litigation decisions. Most of the plaintiffs who said "no way" to the final settlement offer and went to trial ended up getting less money. Only 15 percent of the time were both sides correct in proceeding to trial. In the other 85% it was the plaintiff who was wrong the most: in 61% of cases. Defendants were incorrect in proceeding to trial just 24% of the time.

Many practicing attorneys will concur with these findings. "We've all seen cases where the personal injury plaintiff should have settled but did not and ended up worse at trial. It's like the Kenny Rogers song: 'you have to know when to hold them, when to fold them, when to walk away and when to run."

According to informed estimates most court cases do settle before trial-(these estimates range between 80 and 92%.) Kiser's study was based on 2054 cases that went to trial between 2002 and 2005. The study was published in the September issue of the Journal of Empirical Legal Studies

Going to trial may not always be the right choice. According to CBJS Civil Justice Statistics, in 49% of jury trial cases, the jury found in favor of the plaintiff awarding a median total award of only $35,000, while plaintiffs won in 62% of bench trials (tried by the judge without a jury) with a median total award of only $28,000.

Mr. Thomas is a trained mediator and skilled negotiator and has received a Certificate from the University of South Florida in "Circuit Civil" Mediation, the level of Court nearly all personal injury/accident cases are filed within. The training he has obtained assists him in getting your case settled. Mr. Thomas has also assembled experienced support staff working in this department at the firm, to serve you. We know what the insurance company is thinking. Thus, we can get your case settled.

Malpractice

A doctor, dentist, chiropractor or other medical professional must provide services to you within the accepted standards of care in their respective profession. However, medical professionals may not be liable simply because you obtained a bad outcome from your treatment. Nor are medical professionals liable because another doctor may have chosen a different treatment method to solve your medical problem. To recover for malpractice, an injured patient must show that the treating medical professional was somehow negligent and that the negligence caused or contributed to the new medical problems you are currently suffering, as a result of that treatment. Your case will require a medical professional in the same discipline to verify that the medical care complained of to be malpractice fell outside of the generally accepted standards of care related to your problem and that specific profession, resulting in your new injuries.

Slips, Trips & Falls

All Florida property owners have a duty to maintain their property in a reasonably safe condition. In order to win this type of case, the property owner must have known (actual knowledge) or should have known (constructive knowledge) of the condition on the property causing the injury in order for you to recover from a property owner. Generally, claimants must prove that the owner knew (or should have known) of the dangerous condition, and had a reasonable period of time to correct the condition and the owner failed to do so.

Products Liability

An injured consumer can recover from a manufacturer and the distributor of a product if the product causing the injury is not reasonably safe for use for its intended purpose.

Our Personal Injury/Negligence Services

	We can work diligently to maximize your recovery.
	We can shield you from insurance companies & their representatives who often attempt to take advantage of your lack of familiarity with the insurance claims process.
	We can assist you in obtaining available insurance benefits including PIP benefits and property damage coverage and further work to protect your rights.
	We can mediate and negotiate on your behalf in a concentrated effort to obtain a recovery satisfactory to you.
	We can be with you when you make any statements to any insurance company.
	We can make recommendations on the value of your claim and will make suggestions as to whether a lawsuit would possibly yield a better result.
	We can investigate your case by obtaining witness statements & photographing evidence as needed.
	We can advise you regarding what measures of damages are available for your claim.
	We can help you obtain any required medical care for your injuries & expert witnesses for your case.

YOUR INITIAL CONSULTATION ON ANY PERSONAL INJURY/NEGLIGENCE MATTER IS ALWAYS FREE

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice
nor the formation of a lawyer/client relationship.