OUR
PLEDGE LeValley
& Napolitano, P.L. is a law firm committed to the aggressive representation
and dedicated prosecution of our clients' interests. Clients of LeValley &
Napolitano, P.L. always meet with one or more lawyers who will handle their claim
and are continually apprised of the latest developments in their case. The dedicated
and experienced staff remain sensitive to both the needs and concerns of our clients
throughout the pendency of their claim. LeValley & Napolitano, P.L. represent
individual and commercial property owners in disputes with their insurance companies
that have wrongfully denied insurance coverage or have underpaid a claim. To protect
the best interests of each and every one of our clients and to maintain the standards
of excellence which our clients deserve we do not and have not ever
represented insurance companies. HISTORY The
attorneys of LeValley & Napolitano, P.L. have represented thousands of individual
property owners with regard to their sinkhole and other claims against their property
insurance companies throughout the state of Florida. This representation has included
appraisals, arbitrations, mediations, and litigation in State and Federal Court,
jury trials in both State and Federal Courts, including appellate representation
at both the District Court of Appeals and the Florida Supreme Court. LeValley
& Napolitano, P.L. has been credited with being instrumental in the development
of sinkhole litigation in the State of Florida and continues to be recognized
as a leader in this area. Some of the insurance companies we have successfully
concluded cases against are Allstate, State Farm, Prudential, First Floridian,
Florida Farm Bureau, Florida Select, Hartford, Nationwide, DeSoto, Teachers, Safeco,
Southern Family, USF&G, USAA, Metropolitan, Liberty Mutual, Sunshine State,
Clarendon, Regency, Liberty and Citizens (formerly the FRPCJUA). Fees
and Expenses LeVALLEY & NAPOLITANO, P.L. offer all potential
clients a free case evaluation in person, with one of our knowledgeable attorneys.
If you will call our offices we will ask a few questions and take some information,
and promptly schedule your appointment as soon as possible. Usually within a day
or two of your call. You will be asked to bring certain documents with you including
your insurance policy and any claim information you have. For your convenience,
you may download a copy of our intake form to complete in the comfort of your
home before you come in. Click here for a copy of the form in pdf format: Information
Form For contact information click here:
Because we recognize what it costs to take on an insurance company, LeValley
& Napolitano, P.L. represent clients in insurance cases on a contingency fee
basis. If for any reason you receive no money, then we receive no fee for our
work. Our firm always advances all the costs connected with the preparation and
presentation of the case. If there is no recovery, these costs are not repaid
by the client. Simply stated, we are paid fees and costs only if you win.
ADDITIONAL FEE INFORMATION In the event a court awards an
attorney's fee, which will be sought at the rate of $425.00 per hour, which is
greater than the fee as set forth in the contingency fee schedule, LEVALLEY &
NAPOLITANO, P.L., shall receive the greater court-awarded fee. In addition, it
is understood that included in any fee shall be the payment of paralegal fees
at the then-prevailing rate in the community. It is further understood and agreed
that in the event the court awards a fee which is less than the percentage as
set forth in the above contingency fee schedule, LEVALLEY & NAPOLITANO, P.L.,
shall receive the greater fee under the contingency fee schedule. The
effect is that LEVALLEY & NAPOLITANO, P.L. will be paid a reasonable fee consisting
of either the amount under the contingency fee schedule or a reasonable fee to
be set by the court, whichever might be greater. If there is no recovery,
then there will be no charge whatsoever for the attorney's services.
If there is no recovery, the client will not be responsible for costs.
LeVALLEY & NAPOLITANO, P.L. will deduct from the proceeds of the total recovery
the amount of their contingent fee and then deduct the amount of all costs and
expenses, before remitting to the client the balance of the recovery.
In the event LeVALLEY & NAPOLITANO, P.L. determine at any time that a claim
should not be prosecuted, they may notify the client of this decision and withdraw
as their attorneys from all claims, and the client shall owe them no fee for legal
services, and no costs and expenses incurred in the handling of the claim.
STATEMENT
OF CLIENT RIGHTS Before you, the prospective client, arrange a contingent
fee agreement with a lawyer, you should understand this statement of your rights
as a client. This statement is not a part of the actual contract between you and
your lawyer, but, as a prospective client, you should be aware of these rights.
- There
is no legal requirement that a lawyer charge a client a set fee or a percentage
of money recovered in a case. You, the client, have the right to talk with your
lawyer about the proposed fee and to bargain about the rate or percentages as
in any other contract. If you do not reach an agreement with one lawyer, you may
talk with other lawyers.
- Any
contingent fee contract must be in writing and you have three (3) business days
to reconsider the contract. You may cancel the contract without any reason if
you notify your lawyer in writing within thee (3) business days of signing the
contract. If you withdraw from the contract within the first three (3) business
days, you do not owe the lawyer a fee although you may be responsible for the
lawyer's actual costs during that time. If your lawyer begins to represent you,
your lawyer may not withdraw from the case without giving you a notice, delivering
necessary papers to you, and allowing you time to employ another lawyer. Often
your lawyer must obtain court approval before withdrawing from a case. If you
discharge your lawyer without good cause after the three-day period, you may have
to pay a fee for work the lawyer has done.
- Before
hiring a lawyer, you, the client, have the right to know about the lawyer's education,
training, and experience. If you ask, the lawyer should tell you specifically
about his or her actual experience dealing with cases similar to yours. If you
ask, the lawyer should provide information about special training or knowledge
and give you this information in writing if you request it.
- Before
signing a contingent fee contract with you, a lawyer must advise you whether he
or she intends to handle your case alone or whether other lawyers will be helping
with the case. If your lawyer intends to refer the case to other lawyers, he or
she should tell you what kind of fee sharing arrangement will be made with the
other lawyers. If lawyers from different law firms will represent you, at least
one lawyer from each law firm must sign the contingent fee contract.
- If
your lawyer intends to refer your case to another lawyer or counsel with other
lawyers, your lawyer should tell you about that at the beginning. If your lawyer
takes the case and later decides to refer it to another lawyer or to associate
with other lawyers, you should sign a new contract which includes the new lawyers.
You, the client, also have the right to consult with each lawyer working on your
case and each lawyer is legally responsible to represent your interest and is
legally responsible for the acts of the other lawyers involved in the case.
- You,
the client, have the right to know in advance how you will need to pay the expenses
and the legal fees at the end of the case. If you pay a deposit in advance for
costs you may ask reasonable questions about how the money will be or has been
spent and how much of it remains unspent. Your lawyer should give a responsible
estimate about future necessary costs. If your lawyer agrees to lend or advance
you money to prepare or research the case, you have the right to know periodically
how much money your lawyer has spent on your behalf. You also have the right to
decide, after consulting with your lawyer, how much money is spent to prepare
a case. If you pay the expenses, you have the right to decide how much to spend.
Your lawyer should also inform you whether the fee will be based on the gross
amount recovered or on the amount recovered minus the costs.
- You,
the client, have the right to be told by your lawyer about possible adverse consequences
if you lose the case. Those adverse consequences might include money which you
might have to pay to your lawyer for costs and liability you might have for attorney's
fees to the other side.
- You,
the client, have the right to receive and approve a closing statement at the end
of the case before you pay any money. The statement must list all of the financial
details of the entire case, including the amount recovered, all expenses, and
a precise statement of your lawyer's fee. Until you approve the closing statement
you need not pay any money to anyone, including your lawyer. You also have the
right to have every lawyer or law firm working on your case sign this closing
statement.
- You,
the client, have the right to ask your lawyer at reasonable intervals how the
case is progressing and to have these questions answered to the best of your lawyer's
ability.
- You,
the client, have the right to make the final decision regarding settlement of
a case. Your lawyer must notify you of all offers of settlement before and after
the trial. Offers during the trial must be immediately communicated and you should
consult with your lawyer regarding whether to accept a settlement. However, you
must make the final decision to accept or reject a settlement.
- If,
at any time, you, the client, believe that your lawyer has charged an excessive
or illegal fee, you, the client, have the right to report the matter to The Florida
Bar, the agency that oversees the practice and behavior of all lawyers in Florida.
For information on how to reach The Florida Bar, call (904) 222-5286, or contact
the local bar association. Any disagreement between you and your lawyer about
a fee can be taken to court and you may wish to hire another lawyer to help you
resolve this disagreement. Usually fee disputes must be handled in a separate
lawsuit unless your fee contract provides for arbitration. You can request, but
may not require, that a provision for arbitration (under Chapter 682, Florida
Statutes, or under the fee arbitration rule of the Rules Regulating The Florida
Bar) be included in your fee contract.
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