Bigger Slice of the Pie™ Agreement
Recognizing that many prospective clients have not had the experience of hiring an attorney to handle a personal injury claim, some may fear that legal fees will consume the net recovery for the client. Personal Injury of Florida has addressed this concern and created the Bigger Slice of the ™ Guarantee for our client as follows:
Murphy Niakan Zuniga PLLC d/b/a Personal Injury of Florida (hereinafter “Law Firm”) guarantee that any client of the Law Firm (hereinafter “Client”) shall net an amount of money greater than the net attorneys’ fees (hereinafter “The Guarantee”) after deduction of case costs (i.e. medical records, depositions, physician reports and/or conferences, etc.) and client expenses (i.e. balance of medical bills, valid health insurance liens, etc).
The Guarantee is subject to certain terms, conditions and exclusions set forth below.
The Guarantee is limited to personal injury matters only.
The Guarantee is applicable to the total aggregate amount of monies recovered for the Client from all settlements and recoveries related to a specific matter or companion matters. Specifically, if there is more than one recovery/settlement (i.e. multiple defendants or multiple incidents/crashes), the aggregate net proceeds to the Client shall be greater than the aggregate net attorneys’ fees to the Law Firm from the total recoveries/settlement monies obtained from all sources. The aggregate net proceeds to the Client excludes PIP benefits, Med Pay benefits and Property Damage recoveries obtained for the Client.
At the sole discretion of the Law Firm, the Client may be offered to elect to take a partial distribution of settlement proceeds pending final resolution of outstanding medical bills and liens. Under such circumstances, the net amount of money to the Client includes all disbursements to the Client and is calculated after final resolution of any and all outstanding medical bills and liens.
The Guarantee applies to all Clients of the Law Firm as of August 22, 2020 with active/pending cases. The Guarantee does not apply retroactively to any past/prior Clients of the Law Firm.
The Guarantee does not apply to matters in which the Client has a child support lien, tax lien, attorneys’ fee lien, criminal victim restitution lien or other legal obligations other than medical liens or health insurance liens on the settlement proceeds. Any reimbursement of pre-settlement loans obtained by the Client will be counted towards the Client’s net recovery.
The Guarantee is void for any of the following reasons (or combination thereof):
If the Client makes any material misrepresentation to the Law Firm. A Material Misrepresentation is a false statement of a material fact made by the Client, which affects the Law Firm’s decision in agreeing to accept the Client for legal representation or continue legal representation of the Client. Examples of Material Misrepresentations include, but are not limited to, the following:
1.Failing to disclose a prior or subsequent injury/incident/crash/workers compensation claim/slip-and-fall/etc. wherein the Client received medical evaluation and/or treatment to the same general part(s) of the body for which the Client is claiming injury in the personal injury matter for which the Client has retained the Law Firm.
a. Misrepresenting facts related to the personal injury matter for which the Client has retained the Law Firm.
b. Lying under oath during a deposition or court proceeding.
c. Omitting or withholding non-material information which relate to the credibility of the client (i.e., failing to disclose an affair, or prior criminal activity, etc.)
d. Taking any action to jeopardize the Client’s claim or the Law Firm’s ability to represent the Client.
2. Client has pending bankruptcy or files bankruptcy after retaining the Law Firm.
3. Client’s abuse of prescription narcotic medication and/or “prescription medication shopping.”
4. Client’s incarceration following the incident giving rise to the personal injury matter.
5. Client posts photographs on social media that directly contradict Client’s alleged injury claim.
6. Client unreasonably withholds authority to settle a case, and proceeds against the written advice of the Law Firm.
7. Client proceeds with medical procedure against the written advice of the Law Firm.
8. Client’s discharge of the Law Firm for any reason.
9. Law Firm’s discharge of the Client.
10. Client writes a disparaging review of the Law Firm prior to the conclusion of the matter for which the Law Firm was retained.
11. Client and the Law Firm mutually agree to void The Guarantee.
12. Death of Client.
Personal Injury of Florida is committed to putting our clients first. Please contact one of our lawyers if you have any questions about The Guarantee.