Skip to main content
Dale Steven Appell
Avvo
Pro

Dale Appell’s Answers

6 total

  • How do I find a personal injury attorney? I want to sue my landlord for health reasons

    On the 15th of February of this year I was sick and I had to go to the hospital and I was out of work for two weeks I seen my doctor three days in a row and she told me that I didn't have the flu nor did I have pneumonia so I called Housing author...

    Dale’s Answer

    I agree that in the end finding an attorney to represent you may be extremely difficult. But before even looking for an attorney, you are going to want to first show that the landlord is somehow at fault--whether from mold or something else. If the landlord wasn't put on notice of the mold, there may not be negligence which would be the basis of a suit. Finally, very few attorneys handle mold cases. Even if you can prove that mold or other condition in the place you rent caused your condition and that the landlord was negligent, you would need to mitigate your damages by informing the landlord, moving out, etc. Given the mitigated damages, there may not be enough money in the case for a contingency lawyer to pursue it...you can see why these type cases can be very challenging to find representation. Wishing you the best.

    See question 
  • Could i sue and who would i sue for emotional distress and ultimately leading to physical injury from doctor at hospital?

    I was admitted to the ER for pulminary embolisms and a serious heart valve disease called Endocarditis. Because its sometimes caused from IV drug use the hospital staff automatically judged me as a bad person and would treat me accordingly. I was ...

    Dale’s Answer

    In response to your question about a lawsuit for emotional distress, Florida makes it difficult to bring that type of claim under what's known as the "impact" rule. You would have to show some type of physical impact on you as a result of the event causing the distress. For example, if someone convinced you that you won the lottery and found out later that they lied to you, you could only bring a claim if when you learned of the lie you fainted, had a heart attack, stroke, etc. Florida's Supreme Court decided that the "impact" is necessary to prove that the event was traumatic enough to prove that you could be emotionally distressed from it. Without the "impact", you wouldn't be able to successfully bring a lawsuit for emotional distress in Florida.

    See question 
  • Is it feasible to bring a lawsuit against birth control makers for a diseased gall bladder and hold them accountable?

    I had a clear ultrasound done two and a half years ago of my abdomen, started birth control six months later, and now a year and a half later I had a diseased gall bladder that I had to have removed.

    Dale’s Answer

    You believe there's a link between the birth control and the diseased gall bladder. I would do an internet search under "birth control lawsuit gall bladder" or various similar combinations. What you're looking for is a law firm that has chosen to take on big pharma for this issue. It is likely you'll find representation from one of these specialized firms since they'll have gathered up the cases from around the country on this issue and will have decided to invest the resources to pursue the claim. If you're not able to find anything on the internet, either a law firm that is pursuing such cases or anyone making the link between birth control and gall bladder disease, it is unlikely you'll be able to successfully pursue a claim, at least at this time, until more information about the link becomes public or is discovered. Stay aware though that there is a governing statute of limitations issue.

    See question 
  • What is my first step to take when you have a wrongful death case?

    My sister was admitted to the hospital on March 12 2015. By March 15 2015 she was dead. The hospital nurses, doctor and a few people from administration did little or absolutely nothing at all to try and figure out what was the problem. She was...

    Dale’s Answer

    With the limited information you have, it may be difficult to hire an attorney at this time. Given the very significant expense of pursuing med mal claims, attorneys evaluating whether to move forward with a case may want more specific reason to believe that medical malpractice occurred. You could potentially get her medical records, but understanding the "gobblygook" can be next to impossible. Most hospitals have a "patient advocate" or other type of customer service representative. Consider contacting the hospital and asking for someone to speak with. Explain your concerns and ask them to find out what happened. Be reasonable and open to the possibility that while your sister passed in their hands, that there was nothing that they did specifically wrong that violates the standard of care required in med mal cases. If the explanation is unreasonable, you have then have more reason to obtain the medical records and perhaps have them evaluated by a legal nurse consultant. If you can't find one on line, feel free to contact me. As other attorneys have mentioned, Florida's wrongful death medical malpractice statute requires very specific things in order for someone to "have standing" to even bring a case regardless of how negligent the providers were. And finally, even if you don't pursue a civil claim against the medical providers/hospital, know that you can always file an administrative complaint with the Department of Health for wrongdoing. They will investigate and let you know what their investigation found.

    See question 
  • Can i sue if i was injured (broken ribs) while being transported to jail due to negligence and it was ignored?

    I was not secured in the back of the van before they took off. I was thrown to the other side of the van onto a metal bench. My hands were handcuffed so i couldn't brace my fall. I couldn't get up. When we got to the jail they had to help me u...

    Dale’s Answer

    You can always file a lawsuit. The more important issues are whether your case is likely to be successful and whether you can find an attorney to represent you on contingency. As the nation recently learned from the tragedy in Baltimore, someone handcuffed and placed inside a van must be restrained by a seatbelt before being transported for all the obvious reasons. But, injuries to ribs are not permanent. even if they were now broken and they cause a huge amount of pain. Eventually they heal as good as before. Given the type of injuries you mention without a specific diagnosis, you may find it difficult to find an attorney to work on a contingency basis. By the time you would get in front of a jury, it's possible all your injuries would have healed. Going into a suit, there's always a bias against the person arrested in favor of the police that could effect the final outcome of the case...of course, given the tragedy in Baltimore that may no longer be true.

    See question 
  • Can I sue Busch Gardens Tampa for injury to my child?

    I argued with the ride operator that my child was too small to ride the log flume at Busch Gardens Tampa by herself. They insisted that she was fine. At the bottom of the 40 ft drop my child was launched from her seat and smashed her head onto the...

    Dale’s Answer

    As the other attorneys suggested, finding an attorney to represent you on a contingency basis given the facts of this situation may be difficult. But it may make sense to contact Busch Gardens directly. Sometime property owners will buy insurance to cover medical bills for people who are injured on their property, regardless of who was at fault for the injury. They do this to prevent lawsuits and because it can be good customer relations. Busch Gardens may be self-insured in which case you would speak directly to them. So I would contact Busch Gardens and find out if they will cover the medical bills for your child's injuries. If they were to say yes, you would accomplish your goal without having to hire a personal injury attorney.

    See question