Frequently Asked Questions

We represent all personal injury and wrongful death clients on a contingency fee basis — meaning you pay no attorney's fees unless we recover money for you. There is no upfront cost, no hourly charge, and no retainer. Our fee is a percentage of the amount we recover: typically 33.33% if the case is resolved before a lawsuit is filed, and up to 40% if the case proceeds to trial. Case costs (filing fees, expert witness fees, medical record costs, etc.) are advanced by the firm and reimbursed from any recovery. We will explain the exact fee structure clearly at your free initial consultation.

Swope, Rodante P.A. focuses on complex, high-value personal injury and civil litigation in Florida, including: auto, truck, and motorcycle accidents; insurance bad faith and insurance coverage disputes; medical malpractice; wrongful death; catastrophic injury claims involving traumatic brain injury (TBI), spinal cord injury, and amputation; premises liability; products liability; and nursing home abuse and neglect. We take on cases where the stakes are high and the adversary — whether an insurance company, hospital, trucking company, or manufacturer — has significant resources. View all practice areas.

It depends on the type and complexity of your case. Straightforward car accident claims that settle before suit may resolve in 6–18 months. Cases that require litigation — particularly medical malpractice, trucking cases, or catastrophic injury claims — can take 2–5 years or more to reach a verdict or settlement. A major factor is reaching "maximum medical improvement" (MMI), which is the point at which your treating physicians believe your condition has stabilized. Settling too early — before MMI — risks undervaluing your future medical needs and losses. Our attorneys will give you a realistic timeline tailored to your situation.

The majority of personal injury cases settle before trial. However, Swope, Rodante P.A. is fundamentally a trial firm — our attorneys are experienced courtroom litigators who are fully prepared to take every case to verdict if a fair settlement cannot be reached. Insurance companies know which law firms will settle for less to avoid trial, and they adjust their offers accordingly. Our reputation as trial attorneys who win at verdict gives us leverage at the settlement table. We will never pressure you to accept a settlement you are not satisfied with; the decision to settle or proceed to trial is always yours to make.

Bring anything you have related to the incident and your injuries. Helpful documents include: the police or incident report; your insurance policy declarations pages; any correspondence from insurance companies; photos from the scene, your injuries, and property damage; a list of medical providers who have treated you; any medical bills or records you have received; documentation of lost wages or time off work; and the names and contact information of any witnesses. Do not worry if you don't have everything — we will help you gather what is needed. The most important thing is that you come in and tell us your story.

When you hire Swope, Rodante P.A., your case will be handled by a named attorney at the firm — not passed off entirely to paralegals or support staff. You will have a primary attorney of record who is responsible for your case's strategy and key decisions. That attorney is supported by our legal team, including paralegals and legal assistants who handle the day-to-day tasks of gathering records, drafting correspondence, and coordinating with you. You will be informed about who to contact and how to reach us. We believe in direct communication and will keep you updated as your case progresses.

Yes. While our office is based in Tampa, Swope, Rodante P.A. handles cases throughout the state of Florida, including Hillsborough, Pinellas, Pasco, Polk, Manatee, Sarasota, Orange, and other Florida counties. For significant cases involving catastrophic injury or death, we handle matters statewide. Please contact us to discuss your specific situation regardless of where in Florida the incident occurred.

The first step is to contact us for a free, no-obligation consultation. You can call us at (813) 273-0017, submit a contact form on our website, or visit our Tampa office. One of our attorneys will review the facts of your situation, answer your questions, and give you an honest assessment of whether you have a viable claim and what your options are. There is no cost and no commitment required to have that initial conversation.

Effective March 24, 2023, Florida reduced its statute of limitations for most personal injury negligence claims from 4 years to 2 years from the date of the accident or injury (Fla. Stat. § 95.11(3)(a)). This change applies to all new claims arising on or after that date. Missing this deadline will almost certainly result in your case being dismissed — regardless of how strong your evidence is. Some exceptions apply (for example, claims against government entities have different notice requirements). Do not wait to consult an attorney after an injury.

Florida uses a modified comparative negligence system (as of March 2023). Under this rule, you can recover damages as long as you are found to be 50% or less at fault for the accident. However, your recovery is reduced by your percentage of fault. For example, if you are found 20% at fault and your damages are $100,000, you would recover $80,000. If you are found to be more than 50% at fault, you are barred from recovering any damages. Insurance companies frequently overstate a claimant's comparative fault to reduce or eliminate payment — our attorneys are experienced in pushing back against these arguments.

Florida law allows injured plaintiffs to recover two broad categories of damages. Economic damages are quantifiable financial losses: medical bills (past and future), lost wages, reduced earning capacity, rehabilitation costs, in-home care, and property damage. Non-economic damages compensate for intangible losses: pain and suffering, mental anguish, loss of enjoyment of life, disfigurement, disability, and loss of consortium. In cases involving intentional misconduct or gross negligence (such as drunk driving), punitive damages may also be available under Florida Statutes § 768.72. Our attorneys work to identify and fully quantify every category of damage you are entitled to recover.

Maximum Medical Improvement (MMI) is the point at which your treating physicians determine that your condition has stabilized and is unlikely to improve substantially with further treatment. MMI is an important milestone in a personal injury case because it allows your attorneys and medical experts to make a reliable projection of your future medical needs, ongoing disability, and lifetime costs. Settling your case before reaching MMI is generally ill-advised — you may not yet know the full extent of your injuries or future treatment needs, and any amount you settle for will be the final resolution of your claim. Our attorneys will advise you on the appropriate timing for resolving your case.

Almost never. Insurance adjusters are trained to make early, low settlement offers — often before you have a clear picture of the full extent of your injuries and before you have reached maximum medical improvement. Once you accept a settlement and sign a release, you generally cannot come back and seek additional compensation — even if your injuries turn out to be more serious or require more treatment than initially apparent. Before accepting any settlement offer, you should consult with an attorney who can evaluate whether the offer fairly compensates all of your economic and non-economic losses.

If the at-fault driver has no insurance or insufficient insurance to cover your damages, you may be able to make a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage — if you have it. UM coverage pays for your injuries when the at-fault driver cannot. Florida does not require drivers to carry UM coverage, but it is one of the most important protections you can have. If your UM insurer unreasonably denies or delays a valid claim, it may also give rise to an insurance bad faith claim. Our attorneys handle both UM claims and bad faith claims against insurers.

Personal Injury Protection (PIP) is Florida's no-fault auto insurance coverage. Florida law (Fla. Stat. § 627.736) requires most registered vehicle owners to carry a minimum of $10,000 in PIP coverage. After an accident, PIP pays 80% of reasonable and necessary medical expenses and 60% of lost wages, up to the $10,000 limit — regardless of who caused the accident. To access PIP benefits for medical treatment, you must seek care within 14 days of the accident. PIP does not cover pain and suffering; for those damages, you must sue the at-fault driver — but only if you meet the "serious injury threshold" under Florida's no-fault law.

Under Florida's no-fault law, a car accident victim who has PIP coverage can only step outside the no-fault system and sue the at-fault driver for pain and suffering damages if they sustained a "serious injury" as defined in Fla. Stat. § 627.737. A serious injury means significant and permanent loss of an important bodily function; permanent injury within a reasonable degree of medical probability (other than scarring or disfigurement); significant and permanent scarring or disfigurement; or death. If your injury does not meet this threshold, you are generally limited to PIP benefits. An attorney can help evaluate whether your injuries satisfy the threshold to pursue a claim for pain and suffering.

1. Call 911 — request police and medical assistance. Do not leave the scene.
2. Seek medical attention, even if you feel okay. Adrenaline masks injury; see a doctor the same day.
3. Do not admit fault at the scene — even a casual apology can be used against you.
4. Exchange insurance and contact information with all drivers involved.
5. Photograph the scene: vehicle damage, road conditions, skid marks, and any visible injuries.
6. Gather names and contact information of eyewitnesses.
7. Notify your own insurance company of the accident, but do not give a recorded statement to any insurer before consulting an attorney.
8. Contact Swope, Rodante P.A. — an attorney can help preserve evidence and protect your rights from day one.

Florida's no-fault system requires all car owners to carry $10,000 in Personal Injury Protection (PIP) coverage and $10,000 in Property Damage Liability (PDL). After a crash, your PIP covers 80% of your medical bills and 60% of lost wages up to $10,000 — regardless of who caused the accident. This means your own insurer pays first for your initial medical care. However, PIP does not cover pain and suffering, and the $10,000 limit is often exhausted quickly in serious injury cases. To sue the at-fault driver for pain and suffering and damages beyond PIP limits, your injuries must meet the "serious injury threshold" under Florida law.

In a hit-and-run where the at-fault driver cannot be identified, your own PIP coverage will still apply for medical bills. If the vehicle made physical contact with you or your vehicle, you may also be able to make a claim under your Uninsured Motorist (UM) coverage for additional damages including pain and suffering. Report the hit-and-run to the police immediately — a police report is typically required to make a UM claim. Surveillance cameras, traffic cameras, and nearby witnesses may help identify the fleeing driver. Do not assume you have no options just because the other driver left the scene.

Yes. Trucking companies can be held liable for accidents caused by their drivers under the doctrine of respondeat superior (employer liability for employee acts within the scope of employment). They can also be independently liable for their own negligence in hiring unqualified drivers, failing to train drivers properly, failing to maintain vehicles, and pressuring drivers to violate federal hours-of-service regulations. In addition to the trucking company, cargo loading companies, maintenance contractors, and truck manufacturers may also share liability. See our Truck Accident practice area page for more information.

A spoliation letter (also called a litigation hold letter) is a formal written demand sent to the trucking company, its insurer, and potentially other parties, notifying them that litigation is anticipated and requiring them to immediately preserve all evidence related to the crash. This includes the truck's Electronic Control Module (black box) data, Electronic Logging Device (ELD) records, dash cam footage, driver qualification files, maintenance records, and any other relevant documentation. Trucking companies routinely overwrite ECM data after short periods in the normal course of business. Without a spoliation letter, critical evidence can be legally destroyed — even while your claim is pending. Our attorneys send spoliation letters immediately upon being retained in truck accident cases.

You must seek initial medical treatment within 14 days of the accident to preserve your right to PIP benefits under Florida law (Fla. Stat. § 627.736(1)(a)). Additionally, to receive the full $10,000 in PIP benefits, your treating provider must diagnose you with an "emergency medical condition" (EMC). If no EMC is diagnosed, PIP benefits are limited to $2,500. This is one of the most important reasons to seek immediate medical evaluation after any car accident — even if you feel well. Do not wait to see how you feel in a few days; by then you may have forfeited thousands of dollars in insurance benefits you are entitled to.

Insurance bad faith occurs when an insurance company fails to handle a claim fairly, honestly, and promptly — in violation of its legal and contractual obligations to its policyholder or a third-party claimant. Florida's Bad Faith statute (Fla. Stat. § 624.155) and common law impose a duty on insurers to act in good faith when handling claims. This includes fairly investigating claims, making timely coverage decisions, communicating honestly with claimants, and offering to settle valid claims within policy limits when the opportunity exists. When an insurer puts its own financial interests above a claimant's rights, it may be acting in bad faith and subject to extracontractual damages — damages beyond the original policy limits.

A Civil Remedy Notice (CRN) is a formal prerequisite for filing a statutory bad faith lawsuit against an insurance company under Florida Statutes § 624.155. Before a policyholder or claimant can sue an insurer for bad faith, they must file a CRN with the Florida Department of Financial Services (DFS) and serve it on the insurer. The CRN identifies the specific insurer violations and gives the insurer 60 days to "cure" the bad faith conduct (typically by paying the disputed amount). If the insurer cures the violation within that period, the bad faith claim may not proceed. If it does not cure, the claimant may file suit. The CRN process has specific technical requirements, and failure to file it correctly can forfeit your bad faith claim.

In a successful bad faith claim, the insurer can be held responsible for damages that exceed the policy limits — including the full amount of an underlying verdict or judgment against the insured that the insurer could have prevented by settling within policy limits. In first-party bad faith cases (where your own insurer mishandled your claim), recoverable damages may include the full value of the covered loss, consequential damages resulting from the bad faith conduct, attorney's fees, and in cases of egregious conduct, punitive damages. Florida also provides for attorney's fees and costs in successful bad faith actions under § 624.155 and § 627.428.

Yes. Florida's bad faith statute (§ 624.155) applies broadly to property and casualty insurers, including homeowners insurance companies. If your insurer unreasonably denied your property damage claim, significantly underpaid it, conducted an inadequate investigation, or engaged in unfair settlement practices in connection with your homeowners policy, you may have a bad faith claim. Florida's property insurance market has historically seen significant insurer misconduct, particularly after hurricanes and other major weather events. Swope, Rodante P.A. has experience handling insurance bad faith claims against homeowners, auto, and other casualty insurers.

Yes. Bad faith claims can be brought against your own insurer (first-party bad faith) as well as the at-fault party's insurer (third-party bad faith). First-party bad faith commonly arises when your own insurer unreasonably delays or denies a valid claim under your PIP, UM/UIM, homeowners, or other policy. For example, if you are severely injured by an uninsured driver and your own UM insurer refuses to pay a clearly valid claim or makes an unreasonably low offer, that conduct may constitute bad faith. The statutory CRN process must be followed before filing suit under § 624.155, and there are important timing considerations — consult an attorney promptly.

Warning signs of insurance bad faith include: unreasonable delays in acknowledging your claim or in making a coverage decision; denial of a claim without a reasonable explanation; a settlement offer that is clearly inadequate given the severity of your injuries or damages; failure to investigate your claim properly; misrepresentation of policy terms or coverage; refusal to communicate; and settlement demands ignored even when your damages clearly exceed policy limits. If you believe your insurer is treating your claim unfairly, contact Swope, Rodante P.A. for an evaluation. Our attorneys have extensive experience identifying bad faith conduct and pursuing extracontractual damages against insurers who abuse their policyholders.

Under Florida Statutes § 95.11(4)(b), medical malpractice claims must be brought within 2 years from the date the claimant knew or should have known of the injury and its connection to potential malpractice. There is an absolute 4-year deadline (repose period) measured from the date of the negligent act, regardless of when you discovered it — with limited exceptions for fraud or intentional concealment by the provider (in which case a 7-year maximum applies). Because the pre-suit investigation and notice process required by Florida law takes several months, it is critical to consult an attorney well before the deadline to ensure there is time to complete the pre-suit requirements.

Florida previously had statutory caps on non-economic damages (pain and suffering) in medical malpractice cases. However, in North Broward Hospital District v. Kalitan (2017), the Florida Supreme Court struck down the caps on non-economic damages in medical malpractice cases as unconstitutional. As a result, there is currently no statutory cap on non-economic damages in Florida medical malpractice cases. Economic damages (medical bills, lost wages, future care costs) have never been capped in Florida. Our attorneys will work to fully quantify and maximize every category of damages you are entitled to recover.

Before filing a medical malpractice lawsuit in Florida, claimants must comply with the mandatory pre-suit process under Fla. Stat. § 766.106. This involves: (1) conducting a reasonable investigation supported by the written opinion of a qualified medical expert that the claim has merit; (2) filing a Notice of Intent (NOI) to initiate litigation with each prospective defendant and their insurer; (3) a 90-day investigation period during which the defendants investigate the claim; and (4) mandatory pre-suit mediation if either party requests it. If no resolution is reached during the pre-suit process, the claimant may file suit. The statute of limitations is tolled (paused) during the pre-suit period. See our Medical Malpractice practice area page for more detail.

Yes — expert witnesses are legally required in Florida medical malpractice cases and are practically indispensable to winning. Before filing a Notice of Intent, your attorney must obtain a corroborating opinion from a medical expert in the same or similar specialty as the defendant. At trial, expert witnesses are needed to: (1) explain the applicable standard of care; (2) testify that the defendant deviated from that standard; (3) establish causation — that the deviation caused the plaintiff's injuries; and (4) quantify future medical needs and costs. The credibility and qualifications of your experts are critical. Swope, Rodante P.A. maintains relationships with leading medical experts across all specialties who provide credible, evidence-based testimony in support of our clients' claims.

No. Signing an informed consent form does not bar you from suing for medical malpractice. A consent form acknowledges that you were informed of the known, inherent risks of a procedure — it is not a waiver of negligence. If a provider's conduct fell below the standard of care during your treatment (regardless of what risks you consented to), you retain the right to bring a malpractice claim. Consent forms are a defense to lack-of-informed-consent claims, but not to claims based on negligent performance of the procedure or negligent post-operative care. Contact our attorneys if you believe you were harmed by medical negligence, regardless of whether you signed a consent form.

Under Florida's Wrongful Death Act (Fla. Stat. § 768.16 et seq.), a wrongful death lawsuit must be filed by the personal representative of the deceased person's estate — not by individual family members directly. The personal representative (named in the will or appointed by the probate court) brings the lawsuit on behalf of the estate and on behalf of the surviving beneficiaries. Surviving beneficiaries who may be entitled to compensation include: the surviving spouse; children (including minor and adult children); parents of the deceased (if the deceased had no surviving spouse or children); and other blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services. The specific damages available to each survivor depend on their relationship to the deceased.

Florida's wrongful death statute of limitations is 2 years from the date of death (Fla. Stat. § 95.11(4)(d)). This deadline applies to most wrongful death claims, including those arising from accidents, medical malpractice, and other negligence. For wrongful death cases arising from medical malpractice, the pre-suit investigation and notice requirements of Chapter 766 must also be satisfied before filing suit, which takes additional time. Missing the deadline will result in the case being dismissed regardless of its merits. Contact Swope, Rodante P.A. as soon as possible after a loved one's death to protect the family's legal rights.

Florida's Wrongful Death Act provides for the following categories of recoverable damages:

• Loss of support and services — the financial contributions the deceased would have made to surviving family members
• Loss of companionship, guidance, and protection — available to the surviving spouse and minor children, and in some cases adult children and parents
• Mental pain and suffering — available to the surviving spouse and minor children
• Medical and funeral expenses — paid by the estate
• Lost earnings of the estate — the net accumulations the deceased would have added to the estate had they lived
• Pain and suffering of the deceased — if the deceased survived for some period after the injury before dying

Note: Florida law restricts certain damages (such as non-economic damages for adult children and parents) in medical malpractice wrongful death cases in ways that do not apply in other wrongful death cases. Our attorneys can explain what recoveries are available in your specific situation.

Yes. A criminal acquittal does not bar a civil wrongful death lawsuit — these are entirely separate proceedings with different standards of proof. In a criminal case, guilt must be proven beyond a reasonable doubt — the highest legal standard. In a civil case, the standard is a preponderance of the evidence — meaning it is more likely than not that the defendant's conduct caused the death. This is why O.J. Simpson was acquitted in criminal court but found liable in a subsequent civil wrongful death lawsuit. The criminal case result has no binding legal effect on your civil case, though evidence and testimony from the criminal proceeding may be usable in the civil case.

Florida's modified comparative negligence law applies to wrongful death cases. If the deceased was partly at fault for the accident, the damages recoverable by the estate and survivors are reduced proportionally by the deceased's percentage of fault. For example, if the deceased was found 25% at fault and the total damages are $1,000,000, the recovery would be reduced to $750,000. However, under Florida's 2023 tort reform, if the deceased is found to be more than 50% at fault, the estate and survivors are barred from recovering any damages. Our attorneys will work to accurately establish the facts of the accident and counter any attempt by the defense to overstate the deceased's comparative fault.