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Worker's Compensation

Englewood Beach Workers Compensation Attorney | Trial Pro, P.A.

Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome, but relieve the legal burden from your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

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Frequently Asked Questions About Workers Compensation in Englewood Beach, Florida

knowledgeable Englewood Beach Workers' Comp Attorneys Who Know How to Win Challenging Cases

Are you searching for a Workers' Compensation Lawyers near you? If you are hurt, we understand you may not have the ability to visit our offices. Let us come to you!

Trial Pro, P.A. represents Floridians in a variety of personal injury legal matters. Our practice areas include all kinds of personal injuries; motor vehicle accidents, motorcycle accidents, wrongful death claims, slip-and-fall accidents, large trucks accidents, construction accidents and workers compensation injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. delivers strategic advice and counsel to clients in areas such as Fruitland Park, South Apopka, Deltona, Kendall, South Fort Myers, Pelican Bay and throughout Florida. Get in touch with our office for a complimentary and confidential assessment of your case.

Workers' compensation in Florida is a legally required system of benefits that are readily available to most workers who are hurt on the job. It is a no-fault system, meaning that for the most part negligence in the root cause of an accident is a non-issue. You can be totally at fault or neglectful in triggering an injury, and this does not disqualify you from collecting benefits. In contrast your employer or coworker can possibly be negligent in triggering the injury, and this particular does not qualify you to even more benefits. Workers' compensation is claimed to be equally a shield and a sword as far as providing for benefits. It is a "sword" because your Boss simply cannot defend against your claim by saying you were negligent in causing the unfortunate incident. It is a "shield" that gives protection to Employers from having to pay employees a lot of the damages that are readily available to non-employees who are injured after the accident.

Need to file a Workers' Comp Claim? Talk with our Expert Englewood Beach, FL Work Comp Attorneys Contact us for a complementary case appointment right now - 800-874-2577

This scenario portrays the "sword and shield" part of Worker's Comp . Let's claim that Evan is an extremely sloppy chef. He hardly pays attention to what he's doing. He's heading out the back door at work, hands loaded with waste, to put in the dumpster. As he rushes down the resplendent staircases, he trips and collapses damaging his arm. His employer comes to his aid , and sees that Evan as is usual was carrying excessive amounts of waste to be safe and his shoe laces were undone. You might probably expect that Evan doesn't have a claim because his negligence resulted in the injury. But you would be not right.

Englewood Beach, FL businesses and residential or commercial property owners are under legal standing accountable for maintaining their facilities and must always keep it in a within reason safe and secure condition and alert occupants of any harmful conditions of that they are aware or need to be aware.

Now let's change the facts just a little. Evan instead of being sloppy is remarkably vigilant. He actually ties up his no slip shoes in double knots, never ever hurries down the stairways, and never holds a lot more than he can. However, his manager has been somewhat slack lately. The light fixture on the staircases blown out, and he realizes that one of the steps is broken and is a tripping hazard. Nonetheless he's too hectic to deal with that problem right away. As a result, Evan trips on the worn out unlit stair that his boss knew of, however didn't even try to notify Evan about. If you think that Evan is able to now sue his manager or Workplace for negligence due to his boss's reckless practices, you would most likely also be mistaken. Reckless Evan possesses the exact same legal rights as an injured person as cautious Evan does. That may seem unfair, but that is a consequence of fault of negligence being a non-issue in work comp.

Therefore let's analyze who is eligible to these particular benefits in Florida. First of all, you have to be an employee. Independent contractors (or 1099 staff members) are not qualified to workers comp benefits. As a rule, the company that you work with will need to be big enough to be required to possess workers' comp benefits. If there are not at minimum four employees, then the Company isn't required to hold work comp coverage except if it is a building and construction employment As well, presently there are certain jobs that aren't covered in Florida under workers' compensation . Some examples of occupations that are not covered are nearly all real estate agents, owner-operators of semis , the majority of volunteers, and taxi cab drivers.

Just let's state that you qualify as an employee under the workers' comp program, does that mean that you're entitled to benefits if you sustain injuries or have an accident on the job? Just like many legal inquiries, the answer is that it depends. Primarily, the calamity or injury has to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence denotes that some aspect of the task triggered the accident. An example of a reasonably regular injury instance at work that is not commonly a work related injury is a heart attack or stroke. If you're sitting at your desk and you experience a heart attack during the course of work hrs, this is not really going to count as a worker comp injury. It may have occurred at work, but the work did not trigger the heart attack. Whether or not you have a very arduous job and you're boss has been harassing you relentlessly and you have a stroke due partly to the other psychological and mental toll work takes on you, this is not likely going to be covered. The cardiac arrest, stroke, or other "internal failures " are considered to be personal in nature and unrelated to your job functions. For that reason the fact that the misfortune took place on the job is not good enough. Exceptions to these exclusions arise if: (a) you are involved in an unusual strain or effort on the job, or (b) you are involved in an employment where there is a probability that such an event is work related - for instance a law enforcement officer or fire fighter.

"In the course and scope of employment" is required for an injury to be protected under Workers Compensation. So as to be in the course of employment, you definitely have to be at your job. If you have a motor vehicle wreck either on your way to work or on your way home, the majority of instances those incidents are not going to be regarded as work related injuries. There are exceptions. To be in the range of employment, you need to be conducting something related to work in other words at the very least engaged in some form of reasonable activity the Employer could possibly have anticipated . If your job is to do paperwork in an office but you hurt yourself when you and your buddy choose to have a race down the stairs to see who's in the best shape that personal injury is definitely not going to be considered work related. You have foolishly deviated from your job duties to the point that what you're doing during the time of personal injury is no more sufficiently linked to work to be considered work related.

So let's claim that you've cleared the hurdles of being a worker that's injured in the course and scope of your job by an accident that arose out of work, what do you get? To remain entitled to lost wages, you will have to miss a particular amount of work days and the incapacity has to last a certain period of time. If you miss out less than a full week from work, you're not going to get lost earnings. In addition if you have an injury that heals within just three full weeks, you're not qualified to temporary benefits. If you do suffer a trauma that keeps you out of your job for a prolonged period of time, then you will receive compensation. On the other hand, this compensation is not your full earnings. Rather you obtain about two-thirds of what you were earning at the time of the accident. If the doctor says no work at all, then you receive 66.67% of what you were earning at the time of the accident. If the health care provider suggests you can work with limitations AND the Employer is not able to accommodate those limitations, you may obtain 64% of your wages. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you get no reimbursement. So bottom line is that if you are missing your job because of a work related accident, you will lose earnings. The lengthier your injury, the more earnings you can lose. Unless you settle your case at some point, those lost earnings are gone for good and will not be recovered.

Thus let's say you've cleared the hurdles of being a worker that's hurt in the course and scope of your job by an accident that arose out of work, what do you obtain? To remain entitled to lost wages, you must miss out a certain amount of work days and the injury has to last a specific period of time. If you miss out less than a full week from your job, you're not going to collect lost wages. At the same time if you have an injury that heals within just three weeks, you're not entitled to temporary benefits. If you do suffer an injury that manages to keep you out of job for a lengthy time, then you will receive compensation. Nonetheless, this remuneration is not your entire paycheck. Rather you collect approx two-thirds of what you were earning at the time of the injury. If the health care provider says no work at all, at that time you receive 66.67% of what you were earning at the time of the injury. If the medical professional says you can work with restrictions AND the Business is not able to accommodate those limitations, you may obtain 64% of your salary. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury earnings, you obtain no compensation. So bottom line is that if you are missing your job because of a work associated accident, you will lose earnings. The longer your injury, the more earnings you can forfeit. Unless you settle your case eventually, those lost earnings are gone for good and will certainly not be recovered.

A further limitation on your ability to earn lost wages is that those benefits are just given for a specific period of time. As soon as you have obtained maximum medical improvement, which is the physicians way of pointing out you're as good as you're going to get, you don't get any more temporary benefits. Even if you have not returned to work or your position is no more available, your temporary benefits end. If you get an impairment rating as a result of a permanent lesion, you will receive permanent impairment benefits, although those benefits are less than the temporary and they are very short lived. They commonly just last a matter of a few weeks or calendar months. Only very few injured workers, the most badly injured, have a likelihood of obtaining long term permanent benefits called permanent total disability.

When it relates to medical care, your rights or benefits also have great constraints. If you have injuries that requires emergency care, then you can get that care without first getting Workplace or workers' comp service provider authorization. Right after that early treatment, who you see for health treatment is not your selection. Your Employer or more frequently its work compensation insurance carrier are going to inform you who you can treat with. If you don't like the doctor they choose, then you may obtain a one-time change but that's it. Furthermore, you don't get to choose that next doctor either. Once again the work comp insurance carrier picks the health professional. You can get what is called an IME, or "independent medical doctor", but you have to pay for that health professional expense. Your health plan won't cover it.

One of the few positive aspects of the health care is that you do not pay for it period, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance provider is accountable for all other costs of medical care including prescribed medication and physical therapy. Still as you can probably see now, workers' compensation is not a perfect system. It's also a complicated system.

If you find yourself in the workers comp system, you're better off obtaining guidance and perhaps legal representation sooner rather than later. Errors made in the workers' compensation system might be hard or even impossible to unwind. And even a few mistakes can mean the end of your case completely. Therefore if you have a workers' comp injury, speak with us without delay. The advice is free, and you are under no obligation to retain us. In the event that you do retain us, you won't be out of pocket for any charges or costs . Our firm only get paid when we get benefits for you!

No Fees Unless We Win

At Trial Pro, P.A., our collision lawyers work on a contingency fee basis. This means our experts cover the expenses of reviewing, building, negotiating and litigating your lawsuit. We do not charge you a single thing unless our attorneys recover compensation on your behalf. If we don't win your claim, you will owe us nothing at all.

Our Englewood Beach personal injury lawyers also offer cost-free assessments to study the aspects of your insurance claim and determine if you have a lawsuit. Set Up a Free Evaluation

If you or another person you love has been impaired due to someone else's negligence or carelessness, you need a good lawyer on your side who is knowledgeable with the laws and laws in Florida.

Our Englewood Beach personal injury lawyers are experts in accident lawsuits and have been acknowledged by our peers for our accomplishments. Several of our attorneys have been identified as Super Lawyers and prestigious litigators for their success on behalf of our clients.

We have recovered desirable verdicts and settlements that contributed in aiding our clients bounce back from their injuries or the loss of a loved one. Let us help you recover the maximum amount of compensation you deserve for your personal injuries.

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Naples Personal Injury Attorneys

With more than a century of collective legal experience and a commitment to hard work, excellence, and integrity, we have recovered millions of dollars in damages on behalf of our clients. Our goal is to enable our clients to sit back and focus on their recovery, knowing that the team at Trial Pro, P.A. has the experience and resources to effectively handle all of the legal details involved in their case.

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Naples Car Accident Attorneys Trial Pro, P. A.

Our goal is to make the process as easy as possible for you. You don't even have to come into our office if you are unable to travel or adjust your schedule to make it to us. We're more than happy to come to you!

In addition to traveling directly to our clients, the team at Trial Pro, P.A. also pledges to provide clear advice and regular client communication. We know how important regular contact with our clients is - we never leave you hanging or delay our responses.

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686590

FL Drivers Involved in Accidents in 2017

Annually millions of americans are injured, in many instances fatally, in car accidents. In 2011 only, more than 2.2 million people were hurt in the estimated 5,338,000 police-reported car accidents and 32,367 killed in traffic accidents involving automobiles, trucks, motorcycles, pedestrians, and bicycles.

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Our legal team is available 24 hours a day, 7 days a week, 365 days a year to answer your questions and offer expert advice. Our friendly staff is always accessible to meet or speak with you 24 hours per day, 7 days per week. If you or a loved one has been injured, please call Trial Pro immediately to speak with one of our Florida attorneys today. Remember, don't just hire any attorney, hire a Trial Pro!

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Committed to Your Personal & Financial RECOVERY

Each Trial Pro attorney and staff member is determined to see your case as far along as necessary to get you every cent that you deserve. Our friendly staff is always accessible to meet or speak with you 24 hours per day, 7 days per week. If you or a loved one has been injured, please call Trial Pro immediately to speak with one of our Florida attorneys today. Remember, don't just hire any attorney, hire a Trial Pro!

Piercy Stakelum Personal Injury Attorney

Piercy Stakelum

Senior Attorney

Piercy Stakelum, originally from New Orleans, Louisiana, is the senior attorney at Trial Pro., P.A. Mr. Stakelum carries a zealous nature and his motor is fighting for those who have been compromised. Ask him what his heart yearns for and he’ll summarize it in one word: justice.

Andy Rariden Personal Injury Attorney

Andy Rariden

Senior Attorney

Andy Rariden is a leading civil trial lawyer that adds to the collective legal expertise at Trial Pro, P.A. Although he is originally from Charleston, S.C., Mr. Rariden was raised in Florida. He carries over 20 years of civil trial experience and is committed to defending each of his clients.

Brian Davis Personal Injury Attorney

Brian Davis

Senior Attorney

Mr. Davis has built up over two decades of extensive experience trying and disputing cases for clients. Over time, the proficient lawyer has handled a wide range of cases, obtaining successes in lawsuits involving car accidents, medical malpractice, and more.

Don Williams Personal Injury Attorney

Don Williams

Senior Attorney

A native of Orlando, Don Williams has provided commitment and dedicated legal representation to clients throughout the area. The proficient attorney has a keen heart for helping others which is one among many attributes that distinguish him as a leader.

Tyler Nicoll Personal Injury Attorney

Tyler Nicoll

Senior Attorney

Born in Ohio, Tyler Nicoll is a dedicated personal injury attorney and an integral part of the Trial Pro, P.A. team. Mr. Nicoll was raised in Coral Springs, Florida. Mr. Nicoll's primary areas of practice include personal injury accidents, overtime disputes and other related matters.

Mike Davis Personal Injury Attorney

Mike Davis

Senior Attorney

Mike Davis holds over twenty years of professional legal experience under his belt and he is always ready to utilize it in favor of his clients. He is an established professional in the industry, uniquely qualified to provide legal counsel to individuals who have been compromised.

Steve Johnson Personal Injury Attorney

Steve Johnson

Senior Attorney

At the beginning of Steve Johnson's legal career, he advocated for clients such as General Motors and Ford Company. As time went by, the attorney realized he held a special interest for insurance disputes and decided to join the team of Trial Pro law professionals.

Marc Williams Personal Injury Attorney

Marc Williams

Senior Attorney

Marc Williams is an invaluable member of Trial Pro. P.A., dedicated to handling first party insurance claims arising out of Southwest Florida. He has been recognized as a professional in the field, becoming a recipient of the Florida Academy of Trial Lawyers Bronze Eagle Award.

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Multiple Locations

Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Naples, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you at every degree. Our vow is to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or any other place that you find more convenient. You are always welcome to come into our office as well.

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Decades of Teamwork

The Trial Pro, P.A. attorneys carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured as a result of car accidents, slip-and-fall, workers comp’ cases and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

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Pursuing Client Victories

After experiencing an automobile accident, the last thing you desire is to have an attorney at hand that doesn’t know how to adequately represent you. You want a reputable law firm that will fearlessly fight to acquire optimal compensation on your behalf. This is exactly what Trial Pro, P.A. does. Our lawyers hold a strong reputation for winning cases, and we do everything in our hands to deliver the results you’re expecting.

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Full Commitment

Our team at Trial Pro, P.A. doesn’t just glance over your case and throws it to the side. We don’t see you as just another number. In order to obtain victory on your behalf, our personal injury attorneys take a closer look at the details. We believe that quality legal representation is tied to full commitment – not a job that’s done halfway. When you choose Trial Pro, P.A., we prove that mediocrity isn’t in our DNA.

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Full Commitment

Our team at Trial Pro, P.A. doesn’t just glance over your case and throws it to the side. We don’t see you as just another number. In order to obtain victory on your behalf, our personal injury attorneys take a closer look at the details. We believe that quality legal representation is tied to full commitment – not a job that’s done halfway. When you choose Trial Pro, P.A., we prove that mediocrity isn’t in our DNA.

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I would definitely come back to Trial Pro, because I can't even tell you the great experience I had. The comfort and the sense of the putting me at peace is priceless.

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I never really felt uneducated, or out of the loop which was key for me because I wanted to know it was going the right way, and it was.

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When we switched over to Trial Pro, I felt as if my voice was heard. I felt as if the person who was taking care of my case really understood me, and understood my needs.

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The Trial Pro, P.A. reputable attorneys genuinely care about their clients. They don’t see them as just another number or face. Neither are they more interested in money than obtaining quality results. Our attorneys are honest, compassionate and work hard to go above and beyond expectations.

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I was hesitant to bring my case to an attorney. Trial Pro, P.A. showed me nothing but integrity and professionalism.

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Trial Pro, P.A. guided me carefully through my case and constantly kept me informed. I was astounded by the attorneys’ aggressive way of fighting.

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I’ve partnered with this reputable law firm for legal representation two times and both instances were victorious. Trial Pro P.A’s chief attorney, Piercy Stakelum, always took the time to sit with me and provide undivided attention.

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I didn’t have to wait on return phone calls. As soon as I left a message, they were waiting for me on the other line.

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All of the attorneys were truly attentive to my needs and the representation they provided surpassed my expectations. It was top-notch.

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At no point I felt nervous for no reason my attorney was there all the time to suppoert me. Thank You Trial Pro, P.A.

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The transition was beautiful! I didn't have to do anything just sign and Trial Pro took care of everything for me.

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When we switched over to Trial Pro, I felt as if my voice was heard. I felt as if the person who was taking care of my case really understood me, and understood my needs.

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Our main priority is our clients’ healing and recovery process. While you focus on getting better, we focus on achieving quality results and obtaining victory for your car or truck accident lawsuit. Our attorneys carry over 100+ years of collective legal experience and have represented thousands of clients. We’ve also acquired millions of dollars in compensation on their behalf.

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Florida Personal Injury Lawyers with Best Results

A car accident can be scary and frustrating. When you experience a personal injury accident, the last thing you need on your plate is a law firm that can’t rightfully represent you. If your attorney’s firm is too small and consequently, it is getting pushed around, it’s time to reconsider your choice of legal representation. On the other hand, you do not want to have a fully loaded firm that is too busy to give you a call. The trial attorney’s at Trial Pro, P.A. carry credibility and reputation. We don’t ignore our clients or skip phone calls. Neither are we controlled by insurance companies.
Our law firm fights aggressively -- always determined to win your case.

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Take a moment to look at our Trial Pro, P.A. blog and read about issues related to car accidents, truck accidents, workers’ comp, insurance, slip-and-fall, trip-and-fall and more. Our attorneys not only strive to professionally represent their clients in litigation, but they are also strongly committed to educate them. At Trial Pro, P.A., we don’t withhold our personal injury knowledge. We are more than happy to share it with you.

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Superior Service. Great Results.

When you need expert legal counsel for your case, turn to the firm that has more than a century of collective legal experience and insight. At Trial Pro, P.A., we have put that experience to good use, advocating for thousands of clients over the years. In that time, our team has obtained millions of dollars in verdicts and settlements. As seasoned Naples Personal Injury Attorney and wage and hour attorneys, we know how to handle a comprehensive range of legal matters.

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Our Personal Injury Attorneys Have Been Recognized Numerous Times

Ever since 2001, the practice has held an exceedingly significant track record of successes. Every year, our reputable law firm is awarded for its impressive mark in the legal field. Trial Pro, P.A. has been recognized by Lawyers of Distinction, Florida Justice Association, Better Business Bureau (BBB) and more. Chief attorney Piercy Stakelum is a proud member of The National Trial Lawyers Top 100, an invitation-only organization compromised of highly regarded and credible lawyers. Trial Pro, P.A. has also been acknowledged by Super Lawyers. They recognize outstanding lawyers who have acquired exceptional professional achievement.

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ATTORNEYS PROUDLY SERVING THE INJURED AND THEIR FAMILIES

Trial Pro, P.A. is a proud advocate for personal injury clients throughout the State of Florida. The DNA and foundation of our law firm is passion. While we are passionate about the law, we are even more zealous about fighting for those who have been hurt due to the negligence of others. Our trial attorneys fully embrace authenticity and integrity. With over 100+ years of collective legal experience, our reputable law firm has become a trusted choice for injured individuals. Trial Pro, P.A. has a remarkable reputation for winning. After experiencing a car accident, the last thing you desire is to have an attorney that doesn't know how to adequately represent you. You want a trustworthy and reliable law firm that will walk you through every step of your case. You want a group of attorneys that will pursue justice on your behalf and acquire the maximum compensation. At Trial Pro, P.A., we don't see you as just another case number on our list. We don't turn our backs on you half-way throughout the process. Our former clients can testify that they've truly experienced the Trial Pro, P.A. difference. Quite frankly, most of them have pursued our representation because of others that have recommended us. There are a handful of characteristics that distinguish us from other lawyers but our credibility is the best one amongst all.

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Serious Representation

We put into action our knowledge and legal abilities to assist you, not only to attain a positive outcome, but ease the legal stress from your shoulders simultaneously. Trial Pro, P.A. holds a reputation for achieving real success for clients. Leave it to us to fight wisely but aggressively.

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Unmatched Case Results

Expering a car accident can be frustrating and scary but our promises to you are fully authentic. Trial Pro, P.A.'s personal injury legal attorneys do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations.

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Committed to Our Clients

You shouldn't have to beg for a call back from your attorney. You shouldn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claim. If we miss a call, we promise to always return it.

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Compassionate In & Out of Court

Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.