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Building Your Case: Working as a Team

You have been injured and you have entrusted us with the responsibility of pursuing justice for you by holding the wrongdoer responsible. We will work as a team with you in pursuing your goals. While our team effort is centered upon your injury, treatment and recovery, there are many things we will be doing behind the scenes, which are a critical part of achieving your goals. Below are some of the actions we will undertake in pursuing your claim. Not every case is the same, not every action is required in each case. In addition to what is outlined here, certain cases may require other specific actions to be taken.

• Personally meet with you for an initial interview.
• Listen to your concerns.
• Establish what your goals are in resolving your case.
• Commit to returning your phone calls promptly – every time.
• Inform you about the steps that will occur and what must be proven.
• Gather all information you have, including names, police reports, bills, records, photographs.
• Go over your insurance policy and coverage; determine what coverage is available to pay for medical bills and lost wages.
• Suggest changes you should consider on your insurance coverage for the future.
• Put both your insurance company and the opposing party’s insurance company on written notice of your claim.
• Request sworn copies of available insurance coverage from each carrier.
• Notify you in writing of what insurance coverage is available to pay your damages and loses.
• Identify and interview all known witnesses, as may be necessary.
• Collect evidence, which includes: seeking to obtain scene photos and examination as may be necessary, photos of vehicle damages and vehicle damage estimates.
• Analyze legal issues, such as comparative fault, workers compensation immunity, vicarious liability, and whether any other party bears any responsibility for the accident.
• Request copies of your medical records from all current treating physicians.
• Seek to obtain copies of your medical records for treatment prior to accident.
• Discuss your treatment with physicians as necessary.
• Request updated lien and payment records from each physician.
• Monitor payments made to providers by your no fault (PIP) carrier, or other health or disability insurance.
• Request lien information from any health, disability, or benefit plan paying benefits for your injury.
• Analyze defenses to requests for repayment by your health, disability or benefit plan carrier, asserting that they are entitled to repayment of some or all benefits they have provided.
• Analyze whether your vehicle has suffered a loss of value as a result of the accident and retain appropriate expert.
• Determine the need for expert testimony to support your claim; locate and hire any necessary expert witnesses for either settlement purposes or for use in a lawsuit.
• Discuss with you whether suit should be filed or whether you would prefer to attempt to negotiate a settlement.
• Educate you on litigation steps, the types and amounts of costs which will be required in your lawsuit (all of which will be advanced by our firm), and the potential adverse consequences of Florida’s Proposal for Settlement process.
• If your prefer to pursue negotiation with the responsible insurance carrier, prepare a demand package, forward it to you for review and reach an agreement on the amount to demand for settlement.
• If negotiation is pursued, personally discuss with you every offer and our counter offer and determine whether you agree with the settlement range being offered.
• If settlement is reached, negotiate the reduction of your unpaid medical bills or liens claimed for benefits paid due to your injury.
• Upon settlement, review the release language and contents, and review with you all payments to be made from the settlement funds.
• If a lawsuit is pursued, send you a copy of the draft complaint together with description of Florida’s Proposal for Settlement process and obtain your signed acknowledgement and instruction to file suit and insure your complete understanding of the process.
• Personally assist you in preparing answers to sworn questions (interrogatories) submitted by the other party.
• Provide you with copies of your medical records to review before your deposition.
• Personally meet with you to prepare for your deposition, go over medical records, review video on how to be an effective witness.
• Take the sworn testimony of the defendant and necessary witnesses at deposition, including use of video depositions.
• Schedule and prepare you for mediation, and review a video concerning the mediation process.
• Prepare medical or other demonstrative exhibits for use at mediation and trial, if necessary.
• If case is not settled at mediation, get case set for trial.
• Retain appropriate experts and pay costs incurred.
• Prepare you and all witnesses for trial.
• Take required video depositions of your treating physicians.
• Organize and prepare medical exhibits and demonstrative exhibits for trial.
• Prepare jury instruction and verdict form.
• Prepare applicable motions in limine to limit other side’s evidence and tactics.
• Discuss with you retaining a jury consultant to assist us in jury selection.
• Trial of your case before a jury.

About the Law Offices of James W. Dodson, P.A.

With over 20 years of experience, the clients of James W. Dodson, a personal injury lawyer in Tampa, have trusted his experience and come to expect his personal attention to their needs. For more information regarding this law firm, please contact them for a free Florida legal evaluation.

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