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Dale Steven Appell
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Dale Appell’s Answers

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  • Dog attack - How can we best pursue this matter legally?

    I am searching for an attorney to take our case. Our greyhound (certified therapy dog) was attacked and killed by a neighbor's loose pitbull. This pitbull has attacked other dogs and people and has now been deemed a 'dangerous' dog and may be euth...

    Dale’s Answer

    Unfortunately as you've read from other posts, the law limits your damages. Hiring an attorney on contingency may be impossible and hiring an attorney on an hourly basis may not be cost effective. You might consider filing in small claims court which allows an individual to represent themselves but limits damages to $5000. You can get a small claims forms package at the Hillsborough County clerk's office although all the forms you need may be on line. You might first send a certified letter, return receipt to the dog owners and attach your documents. Maybe they'll do the right thing, although that's not likely. But you can then attach your letter and documentation as an exhibit to the complaint along with the return receipt card. With this information in front of judge along with your proof of effort at resolving the matter, your likely to get the best possible outcome from the judge. But do remember, once the judge gives you a judgment, it's just a piece of paper....you then have to go through the process of collecting on the judgement to turn the paper into money. There's resources available on line to do that but know that sometimes you just can't get money on a judgement from people who have nothing or could even declare bankruptcy and wipe the judgement away. Hopefully this doesn't apply to your situation, your defendants. Sorry for your loss.

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  • Collections

    Am currently waiting fo my setlement car a ccident hospital.alredy sent bills to pre collecttion is there anyway i can stop then from hurting my credit and make den wait until.my setlement comes and fully pay the bills?

    Dale’s Answer

    One thing we sometimes have our clients do if the hospital is insists on getting paid and not waiting is negotiate a payment plan until the entire balance is paid off with the settlement. You might offer $10 a month and explain that's all you can afford and go up from there if necessary. Often the $10 a month plan works for our clients because the hospital billing department is satisfied that you are taking responsibility for the bill in some way, they expect they'll get paid the balance soon and they can move on and put the squeeze on the next person with an outrageously high hospital bill.

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  • Is there a case for Slander/libel/defamation

    My husband had an affair. After said affair the other woman had some information posted about her online. She assumed I was the one that posted it. She has a friend who has a husband that is an attorney who threated us with a lawsuit unless we pai...

    Dale’s Answer

    In defamation cases, "the truth will set you free" So as long as nothing untrue was stated, a defamation case cannot be successfully pursued. It doesn't mean that a case can't be filed against you. But from the facts you present, I doubt an attorney would waste their time and money doing so. Generally, only defamation cases that result in provable economic damages make economic sense to pursue such as when one business defames another or an employer defames an employee. So I suspect that the attorney's threat will remain just that and if ignored will go away assuming no additional postings appear.

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  • Property management or landlord for on going leaks slip and fall?

    Injured in on going water gushing from under dishwasher prop mgr could not fix problem patch it thats it sent email to mgr about water damage nothing was done 2 months later tore my rotter cuff and sprained wrist and ligiments. Whos responsible?

    Dale’s Answer

    The landlord has some responsibility but given the comparative negligence it may be difficult to find an attorney to work your case on contingency. In general, the at fault party will always attempt to place blame on the person who falls saying that if they were more aware of their surroundings they could have avoided slipping. Here the landlord will likely argue you were well aware that the dishwasher leaks water. Theyll argue that yes, we could have fixed the problem sooner, but you knew of the problem and that there may be water on the ground and we shouldn't be responsible for your injuries. There's also case law that will be a problem for you when a slip hazard is open and obvious.

    Consider contacting several attorneys for their evaluation of your claim. The unfortunate degree of your injuries certainly warrant their consideration.

    Wishing you the best!

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  • Do I have legal rights against this pharmacy?

    My pharmacist has been overcharging me for years. I had to switch my medication because I couldn't afford it and he was extremely mad because he couldn't make money off of me anymore (he only wanted cash before too, but now it's all covered by my ...

    Dale’s Answer

    Without an injury you wouldn't be able to bring a claim. It would be like suing someone who ran a red light, but didn't actually hit you. n Florida, you can't bring a claim for emotional distress unless there is a physical impact to you from what the pharmacy/pharmacist did. It's very fortunate you have "good eyes."

    Wishing you the best!

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  • Am I able to sue my friends family or the other driver involved in the accident for injuries.My mothers pip isnt covering it All

    I was a backseat passenger in a car with a reckless driver (friends brother ).he struck multiple cars at an intersection and another car struck us but fled the scene. As a result I have to live with a metal plate in my left arm with a 12’ scar and...

    Dale’s Answer

    • Selected as best answer

    it would be useful to know why the lawyers dropped the case. I assume it's because there's no insurance or source to recover funds from other than the city. The city would have protection under sovereign immunity which not only caps damages but lowers the cap on attorney's fees. Since the city has best only partial liability according to your question, these firms may not want to pursue a recovery only against the city. They may feel it's not worth their while even though you obviously have very significant injuries.

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  • What Kind of lawyer do I need, can I sue?

    Budget Inn bathroom ceiling collapsed while using facilities, water poured from ceiling to floor, forced me to change rooms with kidney failure. Very stressful and traumatic, Independently owned motel how do I approach what do I do from here

    Dale’s Answer

    If there's no physical injury, but you want to pursue a claim for the stress and trauma, your efforts may be unsuccessful because of Florida's impact rule. In essence, the trauma would have to have effected you such that you were physically effected. Possible examples might be if you had a heart attack or stroke at the time the ceiling collapsed. If the collapse itself caused you injury, the impact rule would not need to be considered in order to bring a claim.

    You might try approaching Budget Inn yourself. But the risk of doing something incorrectly is high enough that it would likely make sense to see if an injury attorney might take your case and allow them to approach Budget Inn on your behalf.

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  • Fell in public store on a rug that was messed up. The store attorney wants records from the past 15-16 years. I say no.

    I walk with a cane and I have chronic back pain, and Multiple Sclerosis, has nothing to do with what I have the rug was messed up.

    Dale’s Answer

    Assuming you are in litigation, you're not really allowed to say no. Not without significant consequences. You can argue to narrow the time frame, but if a judge says 15-16 years and you refuse, your case can be dismissed, you can be held in contempt, etc.

    If you are not yet in litigation, you can say no. But the store attorney can say then we aren't paying you any money and you can file a lawsuit if you want at which time they'll have the right to ask for past medical records.

    Good luck!

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  • What is the sequence for the payments after recovery of the personal injury?

    The compensation for auto accident claims may pay for attorney contingency fees (if lawyer is retained), injured copay, health insurance payments (subrogation) and pain and suffering. What is the sequence for the payments after the settlement if s...

    Dale’s Answer

    The whole process is one of negotiation and may potentially require the intervention of a judge to resolve. There's no way a written answer to your question can provide you the tools to resolve this one on your own. Because the compensation is insufficient to pay all and for other reasons, DIY in this situation would likely not be possible.

    Sorry I'm not able to be more helpful.

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  • I was rear-ended while stopped at a red light. They were ticketed, but got the ticket dismissed. Their Insurance won't pay out.

    I was stopped at a red light. A big truck plowed into the back of me. The driver was found at fault and ticketed. The owner of the car who has the insurance policy is the driver's grandfather. They took it to court, meanwhile his insurance agent t...

    Dale’s Answer

    I agree that it's best to let your insurance company handle this issue rather than to go to small claims. I think another conversation with the at fault's insurance company, not the agent, would be advisable. There should be no defense to a rear end accident in Florida other than a "sudden stop" defense, but you were already stopped at the light. The agent isn't the insurance company and may have conflicting goals and interests. Plus it's the insurance company and not the agent that pays out for the loss. So try again, it can't hurt. Just don't give a recorded statement which can be used against you at some point in the future. Plus, they're required to adjust your claim without it.

    If you go with your insurance company, you will have to pay the deductible out of your pocket which is a shame. But your insurance company should go to arbitration with the at fault's insurance company not just to get your deductible back but also to get back their own money they paid out for your claim.

    Note that in Florida, because the incident is not your fault, your insurance company can't raise your rates or drop you unless you have multiple not at fault incidents within a specific period of time.

    Good luck for a quick resolution.

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