We evaluate your case and may take it even if other lawyers may have turned it down. We analyze and do our own investigations on all of our cases.
It has happened that clients come to us with active court cases in Miami and Florida County. We evaluate their cases and decide if we can help and take them.
Our office in Miami takes plaintiffs personal injury cases that are active in the court but don't have representation because the attorney dropped the case once it started, because the client fired the attorney, or because you started the case on your own. An attorney might back out of a case when he or she doesn't believe in it anymore, or when there is a judgment against it. Conversely, you might initiate the breakup with an attorney when you don't trust him or her anymore, or the attorney was unprofessional or unresponsive.
Sean Cleary takes active Florida court cases, where victims suffered debilitating injuries due to their accident or death, helping plaintiffs(victim or family members) get the benefits and compensation they deserve for their losses. The Law Offices of Sean M. Cleary, as a local Miami based law firm, has the capability of stepping in and handling complex cases. Sean Cleary, a Miami based personal injury lawyer will investigate your case, and if he considers he can help, he will work with the other attorneys or law firms to take over the case on your behalf.
When we take active court cases, you have to pay the previous attorney for his or her out-of-pocket costs. When the personal injury case resolves, the one attorney fee is then divided between the law firm that represented you, based on the reasonable value of the services, or in other words, how much work each firm did.
We handle all our cases on a contingency fee, meaning we recover nothing for the time, the expense, the risk we take, or the cost we advance in the case until it's resolved. The system is designed this way to give everybody equal access to the Florida courts, whether they can afford it or not.
Our standard fee is a 33.4% before the case gets set for trial and does not include other expenses we incur like copying documents, filing fees, medical records, etc. The fee goes up to 40% if the case goes to trial. The way our fees break down is standard in the industry.
That means that our fee is 33.4% if we have to file the complaint and go through discovery, litigation, and mediation. Almost always the case goes through mediation and almost 99% of cases get resolved there. At any step in your process, we can intervene and take the case and keep it moving.
For the 1-2% of the cases that don't get resolved and get to trial, the fee goes up to 40% once we start disclosing experts and doing everything that is required to put them in front of a jury. The time and effort that is required to try a case are significant, and that is what warrants the difference between the 33.4% and the 40%. But it is rare for cases to end up in the courtroom, it's much more likely that the fee will stay at 33.4%. There are many opportunities along the way for you to make decisions and solve the case in your favor, we do assist you with all the decisions and advise you through each step.