Typical Questions For Victims of an Accident


Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

Q: What types of personal injury cases does Dell & Schaefer handle?
A: We can handle any case where a person is injured physically, emotionally, or economically. There is no limit on the types of cases we handle. The types of cases we have handled in the past are:

Q: Why does an injured person need a personal injury attorney?
A: Personal Injury law is very complex and changes all the time. Our firm specializes in personal injury and we are always up to date on the new laws applicable to a case. This will maximize the injured person’s chances to get the best recovery possible.

Q: How much does it cost to speak to a personal injury attorney at Dell & Schaefer?
A: Our firm understands that victims of personal injuries may not have money immediately available to seek legal advice. As such our firm has absolutely no charge to speak to one of our attorneys regarding your injury claim.

Q: When I call the office with a new case will I speak to an attorney?
A: Yes. Often times, firms have an intake center where you call up and give your information to a receptionist and if the firm is interested in your case they will call you back. That will never happen with our firm. Our firm believes in direct communication between the attorneys and clients. All new calls are handled only by our experienced attorneys and never anyone else.

Q: What fees or costs do I have to pay up front to Dell & Schaefer?
A: Zero upfront fees and zero upfront costs. Our firm does not charge a fee or costs unless we win money for you. Any fees and costs are collected at the resolution of the case. When you hire our firm, we will present you with a Retainer Agreement that outlines how the fees and costs are assessed. The fee is assessed on a contingency basis and is a certain percentage of what the firm wins for the client. This amount varies on a case by case. The costs are charges that our firm pays for to prepare your case for settlement, mediation, or trial. These costs are deducted at the end. It is important to note that if there is no settlement, the costs are not billed to the client.

Q: Can I still recover if I am partially at fault in the accident?
A: Yes you can. Florida is a comparative negligence jurisdiction. This means that any recovery you are entitled to is reduced by your percentage of fault. For example, if your case was worth $100,000 but you were deemed to be 30% at fault for the accident, you would receive $70,000 for your injuries, since 30% of the settlement was deducted to account for your own negligence.

Q: How do I know if I have a case in personal injury?
A: This is a question that is not an easy one to answer without specific details of your case. The general answer is that in Florida an injured person can be compensated when someone else is at fault (typically negligent) for causing you an injury. The value of each case depends on the facts and circumstances of each case.

Q: What should I bring with me to my consultation with the attorney?
A: It is helpful to bring anything and everything you have that may be related to your accident case. If some or all of the following documents are not present at the time of the consultation, that is not a problem; our firm can get them at a later date. Do not delay meeting with our attorneys simply because you don’t have any of the following documents. However it is helpful at the original consultation to have the following:

Q: After my accident, an insurance adjuster called me and wants to meet with me, should I meet with him or her?
A: You are required to notify your insurance after an accident. Once you do this, the insurance company will investigate the claim and almost always want to send an adjuster to speak to you and get a recorded statement about the accident, your policy, and your injuries. You should never speak to an insurance company without an attorney present. A victim of an accident has a right to have an attorney present at all times when they speak to an insurance company. Insurance companies may try to ask questions that will elicit answers out of you that can be used later to deny your claim. Our firm is well versed in all the potential tricky questions insurance companies may ask and we will be there to make objections when the insurance companies ask inappropriate or illegal questions.

Q: I don’t speak English, am I able to speak to an attorney in another language?
A: Yes. Our firm has staff who are fluent in English, Spanish, Portuguese, Creole, and Hebrew. For other languages we have translators available on demand in order to communicate with all of our clients.



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