Articles Tagged with Florida construction accident

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The Florida Supreme Court handed down a significant victory for injured workers and the attorneys who represent them in the recent case of Castellanos v. Next Door Co. et al., a challenge to state limits on workers’ compensation attorney fees.

It’s significant because many injury lawyers have been reluctant to take on workers’ compensation cases, knowing they may not be fairly reimbursed for their time. Plaintiff attorney in the Castellanos case, for example, was reimbursed $1.53 an hour for 107 hours of legal work (a length of time which lower courts agreed was in line with what was necessary to adequately prepare the case).

The ruling comes just one week after the 1st DCA ruled in Miles v. City of Edgewater that it was unconstitutional for the state to restrict a workers’ compensation plaintiff to a strict contingency fee structure with her lawyer, and prohibit a retainer fee or hourly fee payment plan.  Continue reading →

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