The Civil Justice System Works

Jeffrey R. Davis

Unlike the opinions of Lisa A. Rickard, president, U.S. Chamber of Commerce Institute for Legal Reform, Washington, D.C. and Mark Wilson, president and CEO, Florida Chamber of Commerce, Florida in their Miami Herald opinion letter, the attorneys at Jeffrey R. Davis, P.A.. believe that our civil justice system works. In fact the response to this article from Armando F. Paz, Jr. hit the nail on the head. The current civil justice system has many mechanisms in place, not only to stop frivolous lawsuits from going forward, but also to stop frivolous defenses raised by defendants in an effort to avoid responsibility for their wrongs.

Such current mechanisms in place include: 1) dismissing a case; 2) sanctioning the plaintiff and the plaintiff’s attorney for bringing a meritless claim; and 3) reporting misconduct of an attorney to the Florida Bar. Remember like any other field, i.e. medicine, there are regulations in place to ensure that “improper, meritless or frivolous” issues are dealt with accordingly.

In addition, the Chamber of Commerce opinion does not address the months to years of efforts of Plaintiffs trying to resolve claims in the pre-suit stage. It is only after the insurance and/or defendant refuses to resolve these issues, that a Plaintiff will file a lawsuit in Court. The lawsuit is the last remedy – when all other attempts to resolve the claims without litigation fails. The vast majority of cases that are alluded to in the editorials involve contingency fee arrangements between the plaintiff and the attorney. This means the attorney only gets paid if a recovery is achieved. It also means that the lawyer will usually fund the litigation expenses through out the pendency of the case. It is highly unlikely that a competent attorney would knowingly take a frivolous or unreasonable case, agree to bankroll the same and understand they will not be paid a fee unless they win. The expression “throwing good money after bad” comes to mind. Like anything, there are exceptions and cases that should not be filed.

Our civil justice system has evolved over hundreds of years. It may not be perfect, but it is central to the three branches of government that exist in our country. It is the only mechanism that allows a citizen to seek redress for perceived harm. It is the vehicle in which to enforce the law, contracts, agreements, and to right wrongs. It is an essential mechanism to the rule of law and a key to the integrity of our nation’s financial system.

The attorneys at Jeffrey R. Davis, P.A.., a Miami Personal Injury law firm, specialize in personal injury cases. We pride ourselves in communicating with our clients and putting our clients first. Jeffrey R. Davis has been practicing personal injury law for over 25 years. We have the insight into what the insurance companies strategies are in defending personal injury cases.

If you or a loved on have been injured as a result of the negligence of another, contact us for a free consultation or call us at (305) 577-3777. We will be more than happy to discuss with you the merits of your potential claim.

Client Reviews

Mr Davis is the finest personal injury attorney in the state of Florida. His intensive medical knowledge alone and how it relates to Florida law puts you in the hands of this highly skilled lawyer. Injury cases today more than ever need a fighter on your side and the...

David S.

Someone who truly cares! We had been dealing with a legal issue for over two years with another attorney, with no results. Jeff Davis stepped in, and has made more progress in a few months, than we had in over two years. He communicates absolutely everything with his...

Ashlie W.

Jeffrey is a very knowledgeable and competent attorney. When I spoke with Jeffrey the first time on the phone, he was professional and answered any questions I had. So if you are ever in need of an awesome personal injury attorney who has excellent communication skills...

Dr. Jared R.

Do not recommend. His staff made several mistakes on our case due to lack of care and attention. Jeff is more worried about covering himself and collecting his fee, than he is in following through on what he had promised. He has wasted our money and time and caused us a...

Lelio Calfat Ravagnani

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