Frequently Asked Questions

The following information includes frequently asked Personal Injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel.


For more questions or more detailed answers to the ones included here, please contact Meghan Kane at 407-644-KANE(5263), complete the contact form on our website, or email us at: info@KaneInjury.com





Q: What is Personal Injury?

A: Personal Injury is any physical or mental injury to a person that results from another person’s negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases. Personal Injury often refers to bodily injury and can occur in a wide variety of ways.

Please see our Areas of Practice for common areas of Personal Injury.


Q: What is Premises Liability?

A: Premises Liability generally refers to accidents that occur due to the negligent maintenance, or unsafe conditions upon property owned by someone other than the injured victim. The State of Florida requires landowners to maintain their property in a manner that does not cause injury to those that, for various reasons, visit the property. This law pertains to both business owners and homeowners.


Q: What Is My Case Worth?

A: It depends on the Damages caused by the other party’s negligence. In short, the Damages that may be recovered in a negligence lawsuit include almost every kind of loss that affects you in any way — from the cost of repairing or replacing your vehicle, to the cost of your medical bills related to the accident.

Every case is very fact-specific, taking into account the type of injury established by your medical records, your pain and suffering (both present and future), the amount of your past and future medical bills, the amount of your past and present lost wages, and how the accident happened. If you have any questions about whether you can recover for an injury you have suffered, please contact us. Every case is fact-specific, and we would be happy to discuss your situation with you.


Q: What is the Statute of Limitations?

A: Every type of claim has certain time limits, called “Statutes of Limitations” that govern the period during which you must file a Personal Injury lawsuit. When the Statute of Limitations expires on your case, you simply don’t have a case anymore. Statutes of Limitations differ, depending on the kind of action involved. The Statute of Limitations for Medical Malpractice and Wrongful Death actions is shorter than that for other types of Personal Injury cases. Sometimes it can be difficult to determine when the limitation period began. Consult a lawyer about the exact facts of your case.


Q: How can I afford a lawyer? What is a Contingency Fee?

A: We understand that victims of an injury cannot afford to pay an up front hourly fee to hire an attorney. Therefore, we offer a free initial consultation and our fee is only on a contingency basis. A Contingency Fee is an industry standard fee that is applied to Personal Injury cases, and is dependent upon the successful resolution of your case. A Contingency Fee is a percentage of the monetary recovery obtained by Counsel on a client’s behalf, and is paid only if, and when, Counsel is successful in obtaining monetary recovery, whether through settlement or litigation. A contingency fee is the form of payment earned by a lawyer when he or she states something similar to, “there is no fee unless we win your case.” You don’t have any out-of-pocket costs starting out, and, if there is no recovery, you owe nothing.


Q: How Do I Know If I Need an Attorney?

A: If you have been injured and are unsure about the outcome of your injury, consult with an experienced Personal Injury attorney as soon as possible. Florida laws require that a lawsuit be filed within a specific time period, or that claim will be barred, or prohibited, from the Court system. There are different limitation periods for General Negligence Issues, Professional Liability Cases, Uninsured Motorist Cases, and Contract Cases; and their time limitation periods may be affected by other factors. A Personal Injury Attorney can advise you of the appropriate Statute of Limitations. An attorney can also help protect your rights, and work with insurance claims adjusters on any insurance claims or disputes. It is, therefore, prudent to have an experienced attorney on your side.

The insurance company is a large corporation. Insurance adjusters are trained to represent the interests of the company by paying the least amount they can to settle the claim. They will contact you immediately after an accident and sometimes even encourage you to not retain an attorney because they know that an early settlement with an unrepresented injured person will be lower than that of a person who is represented by an experienced attorney. If the insurance company has an experienced adjuster working for them, shouldn’t you have an experienced attorney on your side?


Q: How Long Will It Take To Settle My Claim?

A: The time it takes to settle a Personal Injury case depends on the circumstances surrounding the case. In all instances, once you become our client we will notify the adverse party and insurance companies that we represent you. We will them begin to obtain all of the necessary documentation so that we may present your claim. These documents may include the accident report, photographs of the site, photographs of injuries, medical records and bills, other reports from your doctors, income tax returns for wage claims, and information about the adverse party’s insurance coverage and assets.

Before any case is settled, the full extent of your injuries and the possibility of future surgery must be thoroughly evaluated. Once your treating physician places you at MMI (Maximum Medical Improvement), we will then prepare and send out a comprehensive Demand package to the insurance company, which begins the negotiation process, and allows us to obtain a fair settlement for you. Maximum Medical Improvement is a way of estimating how much medical improvement you can expect. It doesn’t necessarily mean that you are in pre-accident condition. It refers to the point at which future improvement is unlikely. The reason we wait until this point in time is because we want to have a clear understanding of the extent of your injuries and have a clear understanding of your future medical situation.

The more complex the case, the longer it may take to settle. If your case does not settle “pre-suit”, a lawsuit may need to be filed. It takes additional time for the lawsuit to be prepared, filed and served upon the tortfeasor. The parties then engage in the discovery process, which allows the parties to obtain sworn oral testimony by deposition, submit written questions to be answered under oath, also known as interrogatories, and request the production of documents. Often times the parties will also attend mediation, where the parties and their attorneys meet to try to resolve the issues and settle the case. Finally, the case is set for a jury trial, which may take additional time, especially if the court dockets are crowded.


Q: Will I Have To Go To Court?

A: Not necessarily. Many motor vehicle accident cases are concluded without even filing a lawsuit. Most lawsuits are settled without an actual Trial. A settlement avoids the costs, delay and uncertainty of a Trial, and may result in a greater net recovery to you. However, if the case cannot be settled on satisfactory terms, it may be necessary to go to Trial.


Q: What is Comparative Negligence?

A: The term Comparative Negligence is used to describe the actions of an injured person that may have also caused that person’s own injuries. For example, a person who ignores a “Wet Floor” sign, and slips and falls in the supermarket may be found to have been careless and at fault for any injuries sustained.

Comparative negligence works on a percentage basis to assign a degree of fault for the injuries sustained. For example, a person slips and falls on a wet supermarket floor and is awarded $100,000. The supermarket is found to be eighty-percent responsible for the accident because of dangerous floor conditions. However, the injured Plaintiff is found twenty percent responsible for not exercising caution, so the award is reduced to $80,000.


Q: How Do I Prove Negligence?

A: The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the state must prove a person’s guilt beyond a reasonable doubt. To win a Personal Injury lawsuit based on tort law, the Plaintiff need only prove that a greater weight of the evidence shows that an injury was caused by the Defendant’s negligent actions. This standard of proof is called “the preponderance of the evidence.” The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions, but found liable in a civil lawsuit stemming from the same actions.


Q: What Should I Do If I’ve Been Injured In a Slip and Fall Accident?

A: Most businesses and homeowners carry liability insurance to protect themselves in the event that someone is injured while on their property. The owner or possessor of a residence, land or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises (i.e. individuals visiting for business or pleasure). In such cases, the owner, company or person must inspect the premises to discover any dangerous conditions, and warn the invitee of dangers upon said premises. Those injured by a negligent owner or possessor of a premise may recover Damages for their injuries, including loss of income, medical expenses, pain and suffering, etc.


Q: What Should I Do If I’ve Been Injured in an Automobile Accident?

A: When a motor vehicle is in an accident, it is important that certain action is taken. If you or a family member is injured in a motor vehicle accident, prompt medical attention should be sought, and the police should be called.

The name and address of the operator of each vehicle should be obtained. Additionally, the name and address of the owner of each vehicle involved should be obtained, and the license plate number of all vehicles should be recorded. Lastly, the name of the automobile insurance company for each vehicle should be obtained. If possible, obtain the names, addresses and telephone numbers of any witnesses to the accident. Also, take pictures of the accident scene, the property damage to the vehicles, and apparent bodily injuries such as bruises or cuts.

If there has been any type of injury or property damage, the police should be called to investigate the accident. The police officer will write a report which includes the details of the accident, and the nature and extent of any damages and injuries. Insurance companies will require that a report of the accident be obtained before providing any benefits.

It is most important to immediately contact your own motor vehicle insurance company to report to them any property damage or personal injury.


Q: Who Will Pay My Medical Bills While I Wait To Go To Trial?

A: If you carry No Fault or PIP insurance, your auto insurance company will pay, according to the policy. However, the insurance carrier may get reimbursed once the case is complete. After the PIP (Personal Injury Protection) coverage is exhausted, you can submit your bills to your own health insurance company.


Q: How Do I Get Around While My Car Is Being Repaired?


Check your insurance policy. Many insurance policies have a clause that allows you to rent a car. Be sure to track the expenses involved, as this is considered a cost that you suffered.


Q: What If I Am Involved In An Accident With Someone Who Does Not Live in Florida?

A: In Florida, with a sizable tourist industry bringing a large number of out-of-state travelers every year, the legal complications of injuries resulting from automobile accidents involve complex disputes, concerning everything from serious medical injuries to complicated insurance laws. Suit may be filed in Florida against an out of state driver for an accident that happened in Florida.


Q: What Is a Tort?

A: A tort is a civil wrong recognized by law as grounds for a lawsuit. Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products). These wrongs result in an injury or harm constituting the basis for a claim by the injured party (tort litigation).


Q: Under What Circumstances Can a Wrongful Death Occur?

A: Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:

  • Medical malpractice resulting in decedent’s death
  • Neglect or abuse on the part of a nursing home that results in decedent’s death
  • Automobile, bus, train, airplane or other common carrier fatality accident
  • Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.)
  • Death during a supervised activity (sports tournament, field trip, etc.)



Q: Does Someone Who Is Simply Not Satisfied With The Results of Surgery Have a Malpractice Case?

A: No. In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean that negligence occurred. To succeed in a medical malpractice case, a Plaintiff has to prove that a medical injury or related damages resulted from the doctor’s deviation from the standard of care pertaining to the procedure, not that the results from a standardized medical treatment were unsatisfactory.


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