Blog

Florida Supreme Court to Decide on Limits to Workers’ Comp Attorney’s Fees

Posted by Scot D. Goldberg | Mar 17, 2014 | 0 Comments

Deciding to dive into an issue that has long been a point of contention between trial attorneys and business owners, the Florida Supreme Court has agreed to take up the case of imposing unrealistic limits on attorney's fees in judgments of insurance claims for a worker's injuries.

Supreme-court-workers-comp1

The announcement comes from the case of Mr. Marvin Castellanos, who was injured in an altercation at his workplace in 2009. Mr. Castellanos and his attorneys have asked the Florida Supreme Court to look at the constitutionality of the law that limited their fees for work done on behalf of their client. According to court documents, Castellanos' attorney's fees were capped at just $164.54 for the 107.2 hours of work they performed. In October of last year, Florida's 1st District Court of Appeals upheld the decision on the fee award, but also requested that Florida's Supreme Court revisit the issue.

“Florida Statute 440.34(1) puts limits on the percentage of the amount an attorney can claim as fees from the benefits awarded in a workers' compensation insurance claim”, says Fort Myers attorney Mike Noone. “Obviously, the law capping those limits needs to be amended – $164.54 for 107 hours of work is simply not realistic, and anyone can plainly see that”.

The Appeals Court said in their decision that “we do not disagree with the learned judge of compensation claims that the statute required this result, and are ourselves bound by precedent to uphold the award, however inadequate it may be as a practical matter”. But despite affirming the decision, the appeals court also certified the question to the Florida Supreme Court of whether the award is adequate and consistent with provisions of the state's constitution that protect access to the courts and due process.

“The attorneys at Goldberg, Racila, D'Alessandro & Noone fully understand the statute's intent to limit unwarranted and exorbitant fees being collected in workers' compensation claims”, noted Noone. “But it's clear to see that in a lot of cases, the way the statute is now written places unreasonable and arbitrary caps on adequate and lawful compensation for an attorney who puts in long hours in their efforts to help their client receive fair compensation for their work-related injuries”.

As you can imagine, the main focus here is the willingness with which attorneys agree to help consumers with their workers compensation claims. Many attorneys are reluctant to even take these types of cases for fear they won't be rightfully compensated for their efforts to help their clients.

Count on the Goldberg Law Firm to keep you informed on the pending Supreme Court decision. If you or someone you know has suffered a serious injury while on the job or while performing a work-related task, we suggest you give us a call to review your situation. It costs nothing for us to meet with you, and we can provide the guidance and trusted advice you need to help you receive the financial compensation you deserve.

About the Author

Scot D. Goldberg

Local People. Local Practice. Local Knowledge. Scot Goldberg is a founding partner of the Goldberg Law Firm. See his attorney profile for more information.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

FREE CONSULTATION

People who hire a good attorney greatly increase the chances of winning their case. If your personal legal situation has you wondering if you need a lawyer or not, give us a call at 239-461-5508. We can sit down with you, no charge, to talk about your situation, and help you make that decision. You may decide you could use our firm on your side.

OUR PROMISE

We, at The Goldberg Law Firm, are dedicated to standing up for the rights and protection of victims of negligence and to seeing justice done. We will continue to direct our combined knowledge, determination, and drive to the limits for each and every one of our clients. The results are record-breaking jury verdicts, real relationships with our clients, and legislative breakthroughs.

TESTIMONIALS

Copyright © 2017 Goldberg Noone, LLC

The information contained on this website is for informational purposes only and is not, nor it is intended to be, a source of solicitation or legal advice. Use of this website does not create, nor does it establish an attorney/client relationship. Individuals should not rely on the information contained in this website when making decisions regarding legal matters, and should consult with a qualified attorney for legal advice. 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. We look forward to talking with you and reviewing related documents in order to come to a full understanding of what happened, how it occurred, and all those who may have been at fault.

Menu