FAQ's

Questions and Answers

Frequently Asked Questions


How do I know if I need an attorney? 

If you or a family member experiences an injury, you can benefit from speaking to a lawyer at Brennan, Holden & Kavouklis, P.A. Often the insurance company for the person who caused the injury will try to settle with you before you have an opportunity to retain an attorney. The reason for this is that the insurance company knows it can probably settle the case for less money if you do not have a lawyer. We will investigate your case and obtain the necessary witness statements, documents, photographs and other materials to protect your rights.
Is there a charge for our first meeting? 

No. The initial consultation is free. Furthermore, we work on a contingency fee basis – we only get paid if we help you collect money.

Will I meet with a lawyer? 

Yes. At the initial consultation, a lawyer with Brennan, Holden & Kavouklis, P.A. will meet with you. Throughout the remainder of our representation of you, a lawyer and a legal assistant will be involved in the handling of your claim.

What if I am not able to come to your office?

In the event your injury prevents you from traveling to our office, a lawyer with Brennan, Holden & Kavouklis, P.A. will meet with you at your house, the hospital or any meeting place you designate.
Are you available 24 hours per day, 7 days per week? 

Yes. Our law firm is staffed in such a way that a Brennan, Holden & Kavouklis, P.A. employee can be reached 24 hours per day, 7 days per week. If appropriate, this employee can contact a firm attorney seven days a week at any time. We are ready, willing, and able to discuss a claim with you 24/7.

How is my lawyer paid? What if I can't afford a lawyer? 

On a personal injury case, we work on a contingency fee basis – we only get paid if we help you collect money. If we are successful in obtaining a recovery for you, a percentage of the recovery will be paid to us as a fee.

If am injured, do I always have to bring suit against the other party to receive a settlement? 

No. If the insurance company for the person who caused the injury is willing to volunteer a fair settlement, you do not have to bring a lawsuit in order to obtain a recovery. We are skilled at negotiating settlements without filing a lawsuit. In the event the insurance company is not willing to negotiate fairly, we will then proceed with filing a lawsuit, if you so desire.
Who may bring an action for damages in a personal injury case? 

If you are a competent adult over the age of 18 and are injured, you must bring the lawsuit in your own name. If you are a minor under the age of 18, or an incompetent adult, then suit must be brought by either your parents or a court-appointed guardian.
How much money am I entitled to for my injuries? 

There is no set amount. The primary reason you need an attorney is to help you evaluate your case. We are experienced in evaluating cases based on how juries react in similar cases. This gives us guidance as to how to advise you regarding a fair settlement. The amount of your medical expenses, the nature and severity of your injury, time lost from work, and other factors help us in determining the value of your case. Predicting the outcome of any case is almost impossible. We can only give you a very general idea of the value of your case based on prior similar injuries, but usually cannot predict a specific recovery. Reputable attorneys will not speculate on the exact value of a case.
How long do I have to bring a case? 

You must file your case within the statute of limitations, a fixed period of time dictated by the law. In many injury cases you are required to bring your case within two or three years from the date of the event that caused the injury. For an explanation of these time limits, always consult with a lawyer experienced in these matters.
Can I change my lawyer? 

You have the right to change lawyers; however, your initial attorney will usually be entitled to payment for services rendered up to the time of dismissal. The lawyer will be paid from the fee earned at the conclusion of the case. Your new lawyer will usually work out an arrangement whereby the fee is split between the two lawyers.
I was injured but may have been partly at fault. Can I still sue? 

Yes. Under Florida's comparative negligence rules, you may still have a case even though you were partly at fault in causing an accident. These cases are very fact specific and you should consult with a lawyer.
An insurance adjuster wants to settle and says I do not need a lawyer. Should I get one? 

Remember who the adjuster works for: an insurance company. They have one goal: to settle your case for the least amount of money possible. What may seem like a fair offer to you could fall far short of any amount of money settled through a lawyer. It is a good idea to consult with us at Brennan, Holden & Kavouklis, P.A. before accepting any offer made to you by an insurance company.
Does Brennan, Holden & Kavouklis, P.A. handle other types of cases in addition to personal injury cases? 

Yes. We have decades of experience in handling various types of claims in addition to claims involving personal injury or death. We are actively representing individuals and businesses that have suffered economic losses as a result of trade violations, breaches of contract, and other improper and illegal activities. We also work closely with other attorneys who practice in specific areas of the law where we may not. If your specific case is not the type of case we handle, we can certainly put you in touch with a respected attorney to assist you and evaluate your case.
Will my insurance rates go up if I pursue a claim or obtain a recovery? 

No. Based on the information insurance agents and insurance carriers provide us, simply because an injured person pursues a claim does mean that their insurance premium will be increased. It is when a person's negligent or wrongful acts cause injury that their own insurance premiums are increased.
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