Personal Injury and Wrongful Death

car accidentMr. Rosello has represented thousands of injured persons who have suffered injuries in motorcycle accidents, motor vehicle accidents, dirt bike injuries, on the job injuries, playground injuries; amusement park injuries, slip and falls, persons suffering injuries from attacks by criminal attacks in the parking lot of restaurants, hotels and bars. He has represented parents of deceased children both minors and adult children who have died as a result of the negligence of others who initially blamed the deceased for causing their own deaths because of reckless behavior. Medical negligence cases are also cases Mr. Rosello has had experience in cases where the circumstances are clear that the patient failed to receive the level of care from the health care provider that is expected in the medical community.

Mr. Rosello will be the lawyer who handles the initial interview and will be the lawyer you will be in contact with through the conclusion of the case. This includes sworn statements, depositions, compulsory medical examinations conducted by the insurance company for the wrongdoer as well as trial.

Investigation of the claims is so important immediately after the incident in order to photograph the location of the incident; contact eye witnesses; and take measurements at the collision site or at the slip and fall site before changes are intentionally done or otherwise performed over the passage of time. Cars need to be examined before the insurance companies remove the vehicles from storage. Bumpers need to be removed to inspect for damage underneath the bumper cover in cases of minor rear end damage collision.

PREMISES LIABLITY

Claims have been successfully pursued by Mr. Rosello in cases where the client has suffered injuries as a result of being injured on the premises or property where the occupier and /or owner of the premises failed to acknowledge any responsibility for the persons’ fall. Clients have suffered injuries from the following conditions on the premises:

  • Falls from depressions in the asphalt or walkway
  • Pot holes in parking lots of restaurants or city sidewalks
  • Dangerous disability ramp inclines causing persons to slip because the incline is to severe
  • Failure to have a ramp requiring elderly customers to step up to enter the entrance of the business
  • Failure to have the proper mats; rugs or non-slip flooring in place on rainy days in retail and food stores
  • Falls on discarded tickets at dog tracks
  • Failure to maintain steps and or stairways in reasonable safe conditions expected to be done for tenants
  • Falls caused by non-slip paint on the floor surface when wet
  • Defective playground equipment and falls from defective barriers and / or railing
  • Slip and falls on oil, water, liquid soap, or misplaced boxes of merchandise left on store floors
  • Injuries caused by children running unsupervised down halls or in stores
  • Amusement ride operators sudden and unexpected starting of rides while the customer is exiting
  • Failure to post warning signs or erect cones warning customers that floor surfaces in restrooms or other common areas have been recently spot mopped or waxed
  • Failure to have security guards in parking lots that have been the site of frequent criminal behavior
  • Failure to have adequate lighting in parking lots when customers fall
  • Failure to have wheel stops in the proper location and according to accepted safety standards
  • Failure to warn customers that additional parking lot is not property that is owned or patrolled by the premises owner
  • Failure to perform criminal background checks on persons to whom apartments have been rented
  • Failure to perform criminal background checks on employees who act violently toward customers

Mr. Rosello will make arrangements to visit the client in his or her home or in hospital rooms when the family member or client is unable to travel.

  • Auto Accidents – Injuries suffered from the negligence of others in automobile accidents
  • Slip and falls – Slip, trip and fall injuries
  • Work Place Injuries
  • Personal Injury and Wrongful Death
  • Premises Liability
  • First Party Medical Benefit Claims
  • Product Liability Claims
  • Homeowner Claims
  • Personal Injury Protection Claims
  • Professional Disability Litigation Complete and Partial Disability Claims
  • Uninsured Motorist Claims
  • Third Party and First Party Claims
  • Professional Negligence Claims
  • Medical and Dental Malpractice Claims
  • Intentional Torts – such as intentional inflection of emotional distress/assault
  • Battery/False Imprisonment/Invasion of Privacy
  • Cruise Line Injuries/One Year Statute of Limitations
  • Injuries on the Waterway, docks and state parks
  • Amusement Park Rides or Premises Cases
  • Motorcycle and Off Road Vehicles
  • Truck, bus and boat accidents
  • Negligence actions against insurance agents for failing to secure the proper coverage
  • Negligent Security Claims/Attacks in parking lots, hotels, school, college dormitories, shopping centers or sporting events
  • Sex Abuse and Molestation Victim Claims

Civil Jury Trials

Jury Trial of Personal Injury Cases through verdict in Hillsborough, Polk, Pinellas and Hernando Counties.  Post Trial motions seeking award of attorney’s fees and application of contingency risk multiplier in first party cases.

Insurance Disputes And Claims

Everyone has had a negative experience with the insurance industry or insurance agent. Anyone of us has a horror story about how an insurance representative treated us as an adversary as soon as an insurance claim was called in. Often the insurance representative will say “do you really want to make this claim, you know it will increase your premium.” The premiums never go down but only go up with higher and higher deductibles and ever growing “exclusions.” Insurance companies delay payment and make “low ball offers” until it is held accountable to the terms of the policy and are at risk of paying the insured’s attorney’s fees and costs from defending a claim by its insured when represented by an aggressive lawyer. Often, an insurance company just denies an otherwise valid claim saying that “your loss is just not a covered loss under the policy.”

Insurance companies are in the business of “getting sued.” Consumers are given information which is really what is best for the insurance company and the insured is not aware of his or her rights. The moment you notify your insurance company of the loss or the at fault party’s insurance company has notice of the loss, efforts are being made to reduce the insurance company’s exposure to the payment of money to you. Many individuals are working hard to protect the insurance company’s money.

Insurance companies can take your EXAMINATION UNDER OATH under the terms of your insurance policy and request you to bring various types of documents to the examination which can take 1 to 4 hours. Tax returns, birth and marriage certificates even the insured’s car, are some of the “things” requested to be produced at an EUO.

Property damage policies may demand that you provide a WRITTEN PROOF OF LOSS within 30 days. Insurance companies send out “retained experts” in sinkhole cases with every intention to deny the claim regardless of what its “retained experts” state in the formal reports. You need your own experts and a lawsuit is necessary to trigger the “fee shifting” under F. S. 627.428 making the insurance company responsible for the payment of its own insureds reasonable attorneys fees.

Insurance companies often “fail to promptly attempt to settle the claim even when the liability and damages clearly reflect that under all the circumstances, the insurer should do so.” This is bad faith and a notice of violation of civil remedy should be filed giving the insurer 60 days to cure the bad faith.

Disputes arise often and quickly as to such things as where to repair the car, how many days of rental do I get, who pays for my gas to the doctor’s office and for someone to clean the house because of injuries. The current state of the PIP law under automobile policies is that you have to see a doctor within 14 days of the automobile or pedestrian collision or you may be in jeopardy of receiving the full $10,000.00 in PIP benefits. Visiting your local chiropractor does not qualify under the PIP law.

Mr. Rosello will file a lawsuit on your behalf to recover not just what you are owed, but your attorney’s fees and costs in first party cases where you are suing your own insurance company. In cases where Mr. Rosello sues the at fault party, his attorney’s fees are recovered on a contingency fee arrangement. If Mr. Rosello does not make a recovery, no attorneys fees are owed. Lawsuits against the at fault party are called “third party claims” and those filed by insureds against their own insurance companies are called “first party claims.”

Your can make appointments with Mr. Rosello after work hours and on weekends. The sooner you have a lawyer on your side, the better your odds are in leveling the playing field. Contact Mr. Rosello and find out how.

  • Life
  • Health
  • Disability
  • Fire
  • Flood
  • Automobile
  • Boat
  • Business Overhead Insurance