There are a lot of times where you might not want to hire an attorney because it may cost you too much. There are other times where you might hire an attorney and if your case prevails, a large some of your money goes to the attorney to cover the fees and costs. This can be quite frustrating. Ever wonder what areas of Law are covered by the other party at fault? Well, in the state of Florida, there are some very consumer friendly statutes.
If you are a Restoration Company:
In the state of Florida there is a statute (Florida Statute 627.428) known as the “fee shifting statute”. This is used when an insurance carrier denies a claim and the restoration company does not get paid for the work they performed. The “fee shifting statute” allows the company to hire an attorney to collect the money and the attorney collects the fees and costs separately from the insurance company if the case is successfully resolved in favor of the restoration company.
What does this mean? Say you are owed $10,000 for your work. An experienced attorney such as Cohen Battisti, Attorneys at Law, will attempt to collect the $10,000 dollars that you are owed from the insurance company. After that, the attorney(s) will then acquire the attorneys’ fees and cost separately from the insurance carrier. In most cases, you will never have to pay anything to the attorney, and the attorney will not charge a percentage from the money collected.
If you are a Server/Bartender:
Many servers and bartenders may be taken advantage of by their employer. Sometimes the server and bartender are owed back wages. Now they have to hire an attorney. They may think, “Great! Now an attorney will take a percentage of what’s rightfully mine.” This may not be the case. An attorney can collect the money for the server and bartender and the restaurant will have to pay the attorney costs and fees on top of what is owed to the employee.
In 1938, the federal government passed the Fair Labor Standards Act (FLSA). The FLSA prescribes standards for wages and overtime pay. Along with the FLSA, US Code, Title 29 Section 216, Subsection (b) has its own “fee shifting statute.”
The statute states:“Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages.”
This means that in most cases, your attorneys’ fees and costs can be covered by your employer! In addition, you will be entitled to the money you worked hard for but that’s a story for another blog.
If you are a Renter:
What if you’re a renter? Florida Statute 83.48 allows you, yet again, to hire an attorney without paying any fees or costs. This statute states: “In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorney’s fees, from the nonprevailing party.”
This means that if you have a legal disagreement with your landlord, and you prevail, then in most cases your landlord will have to cover your attorneys’ fees and costs!
Is it possible to get your attorneys fees and cost covered?
If you are a restoration company in the state of Florida that is not getting paid by insurance companies, a server or bartender in the State of Florida who has employment issues, or a renter in the state of Florida whose house deposit has been taken away, then please give Cohen Battisti, Attorneys at Law a call today at 407-478-4878 or go online to www.CohenBattisti.com. All initial consultations are free and confidential. Remember: “It’s About Justice!”
