Frequently Asked Questions, Answered by Your Tampa Personal Injury Attorney

From our main offices in Tampa, the personal injury law firm of Dale Appell, P.A. is among the very best at what we do. We are dedicated to excellence, and we continually strive to improve our services to our clients.

We care deeply about our clients. We understand that an injury can have a tremendous financial and emotional impact on you and your family. Members of our firm have personally experienced the consequences of personal injury, so we empathize with your concerns and your needs.

We have dedicated our careers to preventing powerful corporations and insurance companies from offering inadequate compensation to others. We believe that personal injury law is our life's calling. Each day is an opportunity for us to bring justice to people who have been treated unfairly.

The personal injury law firm of Dale Appell has collected millions of dollars for Florida's families who have suffered because of negligence. We have the resources and endurance to obtain the recovery in your case that you deserve. You can depend on us to fight for justice.

(2) What happens after you take my personal injury case?

Each personal injury case is unique, but personal injury cases do share some common elements. The following is a general synopsis of what you can expect us to do for your personal injury case.

(a) Letter of Representation: Once you hire our firm, we will immediately send a Letter of Representation to the parties responsible for your injuries or to their insurance company. As soon as this letter is delivered, all correspondence, calls, and letters from the defendants and/or their representatives will go directly to our law firm.

(b) Medical Treatment and other Damages: Our law firm will gather your medical records, medical bills, lost wage information, and property damage estimates. We will evaluate these damages in anticipation of filing a demand package on your behalf and filing a lawsuit if it becomes necessary.

(c) Evaluation of the Claim: After you reach “Maximum Medical Improvement” and we receive final reports from the medical care team treating you for your personal injuries, we will prepare a demand on your behalf and try to negotiate a just settlement. If the insurance company's offer is satisfactory to everyone, then your case will settle.

(d) Settlement of a Claim: Once the claim settles, releases will be signed. You will receive your money, and your personal injury case is closed.

(e) Claims that do not Settle: One of the key advantages of our personal injury law firm is that we are a trial law firm. Most personal injury claims are successfully settled without going to trial, but a law firm should be willing to pursue litigation. Sometimes, litigation is necessary to negotiate claims effectively and obtain a just settlement for you. If your personal injury claim cannot or should not be settled out of court, our law firm can file a lawsuit on your behalf with your permission.

(f) Filing of the Lawsuit: Your personal injury lawsuit will usually be filed in the county where the injury occurred, such as Pinellas, Hillsborough, or Pasco County. Once the lawsuit is filed, the defendant's side has 20 days to respond to the complaint.

(g) Discovery Stage: This is the opportunity for both sides of a lawsuit to ask each other questions and exchange documents. Often each side will ask for oral testimony, or depositions, so that they can learn more about the case. Discovery also can be taken from witnesses to the event that caused your personal injuries, family members, and doctors.

(h) Mediation: The Mediation phase includes a neutral third party who will try to resolve the case between all the parties involved, or at least narrow the issues presented at trial. In almost all personal injury cases, there will be a mediation phase before the trial.

(i) Trial: If a settlement cannot be reached, then your personal injury case will go to trial.

(j) Appeal: After the trial, if one of the parties is not happy with the verdict and there is a legal basis to challenge the outcome, an appeal may be filed. The appeal will go before an appeal court, and the appeal court will decide whether or not it is necessary to retry the case.

Throughout the entire process of your personal injury case, we want you to feel comfortable. We will strive to keep you informed at each stage as your case progresses. Our goal is to help you make the best, most knowledgeable decisions for your unique set of circumstances.

(3) Am I allowed to fire my current personal injury attorney?

Technically, yes. But the more important question is: should you fire your current personal injury attorney? We realize that not every law firm can match our level of passion and dedication. If you stay with the wrong firm, it can cost you money and peace of mind in the long run. Before you decide to fire your current personal injury attorney, find out more about any lien or claim on any settlement you may receive in the future. Furthermore, you should contact your current attorney directly. It is possible that you may be able to speak with your current personal injury lawyer and resolve your issues. If, after speaking with your current personal injury law firm, you are still uncomfortable, please call or e-mail the law firm of Dale Appell, P.A. Staying with the wrong personal injury attorney for too long could have negative consequences on your case. Take action quickly.

(4) What are the costs of hiring you to handle my personal injury case?

Nothing. There are no upfront costs or fees when you retain the Law Offices of Dale Appell, P.A. We will represent your personal injury claim on a contingency fee basis, which means we only get paid if you do. We pay all the costs involved with preparing your personal injury case such as investigations, filing fees, expert witnesses, expenses, depositions, etc. We will not be reimbursed for these costs unless there is a financial recovery in your case. By hiring us on a contingency fee basis, we are able to deploy our vast resources, giving your personal injury case a chance to succeed when challenged by the deep pockets of insurance companies and large corporations.

(5) Can you tell me how much my personal injury case is worth?

In all honesty, no. Any attempt to predict what your case is worth would be a guess on our part. The Florida Bar considers it unethical for lawyers to put a value on a personal injury case prior to representation, as this cannot be predicted upfront with any certainty. No one should be led to believe that they will receive a certain settlement, only to be disappointed later. Once you retain our law firm, we will negotiate with the negligent parties. We will then speak with you at length about our opinion of how much your claim is worth. If you feel the settlement offer is not acceptable, we can file a lawsuit on your behalf and let a jury decide what your case is worth. During all phases of your personal injury case, the Law Offices of Dale Appell, P.A. will strive to maximize your financial recovery. Our personal injury law firm is committed to fighting for justice by fighting for the settlement you deserve.

(6) Can I handle my own case without a personal injury attorney? The insurance company says I don't need a lawyer.

It is not surprising when an insurance company says you don't need a lawyer. By discouraging you from hiring a lawyer, the insurance company gains valuable time to gather information or dispose of evidence that may be crucial to your personal injury case. In addition, the insurance company is under no obligation to inform you of your legal rights.

Basically, it is always appropriate to speak with a personal injury attorney immediately after an auto accident, motorcycle accident, slip and fall, medical malpractice, serious injury, or wrongful death. Even if you don't hire an attorney, it is easy to find a personal injury attorney who will give you a free, no obligation initial consultation. At the very least, we recommend that you never sign anything and never give a recorded statement until you've consulted with a personal injury attorney about your rights.

Insurance companies have been known to tell people that there is no need to hire an attorney. Insurance representatives may also claim that hiring a personal injury attorney will hurt your case, or that personal injury attorneys only have selfish motives. Just be aware that insurance representatives are trained to increase the company's profits and reduce the amount of money paid to you, the person suffering from injuries because someone else didn't obey the law or follow accepted industry standards. These objectives are the opposite of your rights and needs.

(7) If I am involved in a motor vehicle accident, what should I do?

After an auto accident, truck accident, or motorcycle accident, here's a list of the steps you should take if you are physically able to do so:

(a) According to Florida law, you should stop your vehicle and exchange names, addresses, and insurance information at the scene of the motor vehicle accident.

(b) Turn off all engines to lessen the chance for fires.

(c) Remain at the scene of the auto accident, truck accident, or motorcycle accident, but make sure to get out of your vehicle and out of traffic so that you are as far as possible from danger.

(d) Call 911, even if there are no apparent injuries from the motor vehicle accident. The police will be needed to handle the accident scene, redirect traffic, and file a motor vehicle accident crash report.

(e) Collect as much information as possible from the scene of the motor vehicle accident as soon as possible so that evidence and memories are preserved. You should get:

Also, write down as much information as possible about the drivers and passengers involved in the motor vehicle accident, as well as witnesses of the accident, such as:

(f) Take pictures of everything such as vehicles, property damage, and personal injuries. Photographs will help in proving your claim.

(g) Do not sign anything at the motor vehicle accident scene except a citation, ticket, or police report. Signing any other documents may jeopardize your rights.

(h) Seek medical attention as soon as possible for your personal injuries. Make sure to get follow up care and a complete examination, as the shock and trauma of the motor vehicle accident may cause you to be less aware of serious injuries until some time has passed.

(i) Call your insurance company to report the auto, motorcycle, or truck accident. Give them pertinent information such as the names of the drivers involved and the circumstances of the accident. If your insurance company asks for a recorded statement, politely but firmly tell them, “No.” Tell your insurance company that you may give them a recorded statement in the future, when you feel better and perhaps have a personal injury attorney with you. The general rule is that you should never give a recorded statement to anyone without consulting your attorney.

(j) Don't talk about the auto, motorcycle, or truck accident, except to give essential information to police, health care providers, your own insurance company, or your personal injury attorney. Never discuss the accident with others involved in the accident, their insurance companies, or their lawyers. Forward their inquiries and correspondence to your own personal injury attorney or insurance company.

(8) Right after my accident, I didn't feel any pain, but now I have a lot of pain. Why?

After any accident that causes physical injury—be it an auto accident, motorcycle accident, truck accident, or slip and fall—pain will often be masked by mental shock and adrenaline. The delay in feeling pain may also be due to the time it takes to develop inflammation, a common cause of pain that takes hours or days to appear. This phenomenon is similar to working a muscle you have not used in a long time and not feeling sore until the next day. It is even possible that a severe injury, such as swelling or bleeding in the brain, will not cause pain immediately.

After a motor vehicle accident or slip and fall, it is extremely important that you see a health care provider as soon as possible for a complete physical examination of your injuries. Otherwise, an insurance company may claim that your injuries were caused by an event that occurred after your motor vehicle accident or slip and fall, especially if you allow too much time to pass before seeing a doctor.