For misdemeanor charges, usually the answer is "Yes." Florida law prohibits the settlement of a Felony charge unless the client is present in Court. However, Misdemeanor charges, such as most DUIs, may be settled without requiring your personal appearance. This is referred to as a “Plea in Absentia” and requires the approval of the Court. This is a common procedure for our out-of-area clients who were arrested while in the area on vacation or for work.

Yes. In fact, 95 percent of all cases at the Law Offices of Cochran, Foley & Associates, P.C. result in out-of-court settlements before trial. However, most cases have to be placed into suit before the insurance company will take the claim seriously.

Probably. Ninety to 95% of construction accident cases do settle sometime before trial; however, there are complex legal issues and the presence of workers' compensation liens make these cases difficult to settle without intensive litigation. Most legal questions require complex answers. The answers provided here may not be complete or fully accurate but attempt to provide consumers with abbreviated answers.

Maybe. Although most the cases settle out of court, product liability cases may be the exception since manufacturer does not want to admit it designed a defective product. Even with a confidential settlement, there is a hesitancy to settle. This is why you need to retain an attorney who is willing to take the time and expend the money necessary to try a product liability case.

Toxic tort cases are some of the most frequently tried cases. If you are the victim of a clear toxic event, such as a refinery explosion, in which there are hundreds or thousands of other plaintiffs banned together, then your case will probably settle. If your case involves a more subtle toxic exposure with a number of people who are similar situated to you not suffering from any disease or injury, your case may be more likely to go to trial.

We always encourage the parties to consider settlement. In fact, shortly after the complaint is filed, we will ask the parties to discuss settlement with our Early Resolution staff. Settlement effectively ends the case.

Why do I need to tell my lawyer about my most personal things? Some things are private and embarassing and I don't want anyone to know about them.

Most legal questions require complex answers. The answers provided here may not be complete or fully accurate but attempt to provide consumers with abbreviated answers. For more detailed answers to these questions, a consumer should check out other articles in this section of this web site, research other legal articles and texts on the subject matter or consult with an attorney.

Your chances are very good. The majority of drunk driving claims involving injury or death settle without the need to go to trial. One of the reasons is that insurance companies do not want to try cases in which their insured has been driving under the influence because of the potential for large verdicts. Knowing this, attorneys can oftentimes use this information to their advantage when negotiating a settlement offer for their clients.

Probably. Ninety percent(90%) to ninety-five percent(95%) of animal bite cases settle at some point before trial. Most legal questions require complex answers. The answers provided here may not be complete or fully accurate but attempt to provide consumers with abbreviated answers. For more detailed answers to these questions, a consumer should check out other articles in this section of this web site, research other legal articles and texts on the subject matter or consult with an attorney.

A claim can be settled at any time, including before the suit is filed, after the suit is filed, and, of course, before trial is started. Suits and claims can also be settled during or after trial. Statistically, most cases settle before trial and few ever go to trial. John H. (Jack) Hickey and The Legal Team can, and do, take cases to trial. Mediation is an informal procedure where all parties and their lawyers meet in a conference room to attempt to negotiate a settlement.