Frequently Asked Questions
At McGuire Megna Attorneys, we understand that navigating a personal injury case can be overwhelming, especially when you’re dealing with physical, emotional, and financial challenges. Whether you’ve been injured in a car accident, motorcycle crash, truck accident, or another type of incident caused by someone else’s negligence, you likely have many questions. How do you prove fault? What compensation can you recover? How long will the process take? These are common concerns, and our experienced attorneys are here to provide clarity and guidance.
Personal injury cases often involve complex legal processes, from dealing with insurance companies to gathering evidence and calculating damages. Our team is committed to addressing all your concerns, whether it’s understanding Florida’s comparative negligence laws or determining how to proceed if the at-fault party is uninsured. We’ll help you navigate the timeline for filing a claim, explain the compensation you may be entitled to, and outline the steps to strengthen your case.
If you or a loved one has been injured, don’t hesitate to reach out. Our FAQ page provides answers to the most common questions about personal injury cases, and our attorneys are just a phone call away to offer personalized advice. Contact us today for a free consultation to discuss your case and learn how we can help you secure the justice and compensation you deserve.
Personal Injury FAQ's
A personal injury case arises when someone is injured due to another person’s negligence or wrongful actions. Common cases include car accidents, slip and falls, medical malpractice, and dog bites. Personal injury claims seek compensation for medical expenses, lost wages, pain and suffering, and more.
If you’ve been injured because of someone else’s actions or negligence, you may have a valid claim. An attorney can help assess your case by reviewing evidence, police reports, medical records, and witness statements to determine if you’re eligible for compensation.
Compensation can cover various losses, including medical bills, rehabilitation costs, lost wages, pain and suffering, and property damage. In some cases, you may also be eligible for punitive damages if the defendant’s conduct was particularly reckless.
In Florida, the statute of limitations for personal injury claims is typically two years from the date of the injury. However, this timeline can vary depending on the specifics of the case, so it’s best to consult an attorney as soon as possible to avoid missing the deadline.
If you’re injured, seek medical attention immediately, even if the injury seems minor. Document the incident by taking photos, gathering contact information for witnesses, and filing a police report if necessary. These steps help protect your case if you decide to pursue legal action.
- Property damage.
Most personal injury lawyers, including McGuire Megna Attorneys, work on a contingency fee basis. This means you don’t pay upfront; instead, the attorney receives a percentage of the settlement or verdict if you win your case. If you don’t win, you won’t owe legal fees.
The timeline for resolving a personal injury case varies depending on factors such as the case’s complexity, the extent of the injuries, and whether a settlement can be reached without a trial. Simple cases may settle in a few months, while others may take over a year. percentage of the settlement or verdict if you win your case. If you don’t win, you won’t owe legal fees.
While it’s possible to handle a minor case on your own, personal injury law is complex. Having an attorney can significantly improve your chances of receiving a fair settlement, as they can negotiate with insurance companies, gather evidence, and represent you in court if necessary.
In Florida, the “comparative negligence” rule applies, meaning you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. An attorney can help clarify how this might impact your case.
Yes, you may still be able to pursue compensation through other means, such as your own uninsured motorist coverage, if you have it. An attorney can help explore your options and identify alternative ways to seek compensation.
Most personal injury cases are settled before trial. However, if a fair settlement cannot be reached, your case may go to court. Our attorneys at McGuire Megna Attorneys are prepared to represent you in court to secure the best possible outcome.
A demand letter is a formal document sent to the at-fault party or their insurer, outlining your injuries, damages, and the compensation you are seeking. It’s often the first step in the negotiation process and can lead to a settlement without needing to go to trial.
After filing a claim, the insurance company will investigate the accident, review medical records, and evaluate the damages. They may make an initial settlement offer, but it’s often lower than what you deserve. An attorney can negotiate with the insurer to help secure fair compensation.
The value of a personal injury case depends on factors such as the severity of your injuries, the extent of medical treatment required, lost wages, and other damages. While each case is unique, an experienced attorney can help provide a clearer estimate.
Car Accident FAQ's
- Check for injuries and call 911 for assistance.
- Gather evidence, including photos of the scene, vehicle damage, and contact information for witnesses.
- Seek medical attention, even if you don’t feel injured. Some injuries may not show symptoms immediately.
- Contact a personal injury attorney to protect your rights and handle communication with insurance companies.
If the accident was caused by another person’s negligence and you sustained injuries or property damage, you may have a valid claim. An attorney can evaluate your case during a free consultation.
In Florida, the statute of limitations for personal injury claims is typically two years from the date of the accident. However, specific circumstances may alter this timeline, so it’s best to act quickly.
Yes. Insurance companies often offer settlements that are much lower than what you may be entitled to. A lawyer can review the offer, negotiate for fair compensation, and ensure your rights are protected.
You may be eligible to receive compensation for:
- Medical expenses (past and future).
- Lost wages and reduced earning capacity.
- Pain and suffering.
- Emotional distress.
- Property damage.
Florida follows a comparative negligence rule, meaning you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.
The value of your case depends on factors such as the severity of your injuries, the impact on your ability to work, and the degree of fault. An attorney can provide a better estimate after reviewing your case.
The timeline varies depending on the complexity of your case, the extent of your injuries, and whether it goes to trial. Some cases settle in a few months, while others may take a year or more.
You may still be able to recover damages through your own uninsured/underinsured motorist coverage. An attorney can help explore your options.
At McGuire Megna Attorneys, we work on a contingency fee basis, meaning you pay nothing upfront. We only collect a fee if we win your case.
- Don’t admit fault or apologize at the scene.
- Avoid discussing the accident with insurance companies without consulting an attorney.
- Don’t delay seeking medical treatment.
Yes. Injuries like whiplash or internal trauma may not present symptoms right away. It’s important to seek medical attention within 14 days to preserve your legal rights in Florida.
Motorcycle Accident FAQ's
- Prioritize your safety and call 911 for assistance.
- Seek medical attention, even if you don’t feel injured right away.
- Document the accident scene with photos and gather witness contact information.
- Contact an experienced motorcycle accident attorney to protect your rights.
Liability is determined by examining evidence such as police reports, witness statements, traffic laws, and accident reconstruction. Our attorneys will work to prove the negligence of the at-fault party.
You may be entitled to compensation for:
- Medical expenses (current and future).
- Lost wages and reduced earning capacity.
- Pain and suffering.
- Property damage to your motorcycle.
- Emotional distress and other non-economic damages.
Florida law does not require all motorcyclists to wear helmets, but not wearing one could impact your claim. If your injuries were worsened by not wearing a helmet, the insurance company may argue for reduced compensation.
In Florida, the statute of limitations for filing a personal injury claim is typically two years from the date of the accident. It’s important to act quickly to preserve your rights.
Motorcycle accidents often result in severe injuries, including:
- Traumatic brain injuries (TBI).
- Spinal cord injuries and paralysis.
- Broken bones and fractures.
- Road rash and severe lacerations.
- Internal organ damage.
Yes, Florida follows a comparative negligence rule. You can recover compensation, but your award will be reduced by your percentage of fault in the accident.
Motorcycle accidents often involve more severe injuries and require specialized knowledge of motorcycle laws and safety practices. They may also face biases from insurance companies and juries.
If the at-fault driver doesn’t have insurance, you may still recover damages through your own uninsured/underinsured motorist coverage. Our attorneys can help explore your options.
Yes, having an experienced attorney can greatly improve your chances of receiving fair compensation. An attorney will handle the legal complexities, negotiate with insurers, and represent you in court if necessary.
At McGuire Megna Attorneys, we work on a contingency fee basis. This means you pay nothing upfront, and we only collect a fee if we win your case.
Insurance companies often attempt to minimize payouts, using biases against motorcyclists to deny or reduce claims. An experienced attorney can negotiate with insurers to ensure fair compensation.
Truck Accident FAQ's
- Call 911 and seek medical attention.
- Document the accident scene, including photos and witness information.
- Contact an experienced attorney to protect your rights.
Liability is determined by reviewing evidence such as driver logs, maintenance records, and accident reports.
You may be entitled to damages for medical expenses, lost wages, pain and suffering, and property damage.
Liable parties may include the truck driver, trucking company, maintenance provider, or manufacturer.
In Florida, the statute of limitations is two years, but acting quickly is essential to preserve evidence.
Head trauma, spinal cord injuries, fractures, and internal injuries are frequent in truck accidents.
They involve more severe injuries, federal regulations, and multiple liable parties.
An attorney can investigate and build a case to hold all responsible parties accountable.
Yes, Florida’s comparative negligence law allows compensation proportional to your level of fault.
Consult an attorney to ensure the settlement is fair and reflects the full extent of your damages.
Yes, an experienced attorney can navigate the complexities of these cases and maximize your compensation.
We work on a contingency fee basis, meaning you pay nothing unless we win your case.
Medical Malpractice FAQ's
If you’ve suffered harm due to a healthcare provider’s negligence, you may have a case. An attorney can evaluate your situation and determine the strength of your claim.
Liable parties may include doctors, nurses, surgeons, anesthesiologists, pharmacists, or hospitals.
In Florida, you typically have two years from the date the harm was discovered. However, exceptions may apply in certain cases.
The standard of care refers to the level of competence and care that a reasonably skilled professional would provide under similar circumstances.
While many cases settle out of court, some may proceed to trial if a fair settlement cannot be reached.
The value of your case depends on factors such as the severity of your injuries, medical costs, and impact on your quality of life.
Yes, emotional distress is a compensable damage in medical malpractice cases.
The timeline varies based on the complexity of the case and whether it goes to trial.
Yes, expert testimony is often required to establish the standard of care and demonstrate how it was breached.
Yes, expert testimony is often required to establish the standard of care and demonstrate how it was breached.
Slip and Fall Accident FAQ's
Seek medical attention, report the incident to the property owner, take photos of the scene, and collect witness contact information.
Yes, you can file a claim if the property owner’s negligence created unsafe conditions that caused your accident.
Liability is established by proving that the property owner knew or should have known about the hazard and failed to address it.
You may recover compensation for medical bills, lost wages, pain and suffering, and any long-term disability caused by the accident.
In Florida, the statute of limitations for slip and fall cases is generally two years from the date of the accident.
Florida follows a comparative negligence rule, which means you can still recover damages, but your compensation may be reduced by your percentage of fault.
Yes, an attorney can help navigate the complexities of premises liability law, gather evidence, and negotiate with insurance companies.
Evidence may include photos of the hazard, medical records, eyewitness statements, and documentation of the property owner’s negligence.
Yes, but claims against government entities have additional legal requirements and shorter deadlines.
The value of your case depends on factors such as the severity of your injuries, medical expenses, lost income, and the impact on your quality of life.
Dog Bite FAQ's
No, Florida law holds dog owners strictly liable for bites, regardless of negligence.
You may still have a valid claim if the property owner is the dog’s owner or keeper.
Yes, you may be able to pursue a claim for injuries caused by a dog’s aggressive or dangerous behavior, even without a bite.
The statute of limitations is typically two years from the date of the incident.
The owner may argue provocation as a defense, but an attorney can help challenge this claim if it’s not supported by evidence.
An attorney can gather evidence, handle negotiations, and represent you in court to ensure you receive fair compensation.
Yes, but compensation will likely come from their homeowner’s or renter’s insurance, not directly from them.
Not necessarily. Filing a claim does not automatically result in the dog being euthanized; that decision is typically made by animal control.
You may still pursue a claim directly against the owner or explore other avenues for compensation.
A parent or guardian can file a claim on behalf of an injured child.
The value depends on factors like the severity of your injuries, medical costs, and emotional trauma.
Florida’s strict liability law applies regardless of the dog’s past behavior.
Bicycle Accident FAQ's
You may still have a valid claim, though not wearing a helmet could impact the amount of compensation you receive.
The statute of limitations for personal injury cases in Florida is typically two years from the date of the accident.
Yes, Florida’s comparative negligence law allows you to recover damages, but your compensation will be reduced by your percentage of fault.
Yes, an attorney can handle negotiations with insurance companies, gather evidence, and represent you in court if necessary.
You may be able to file a claim under your own uninsured motorist coverage or pursue other legal options.
Take photos of the hazard and report it to the appropriate municipality. An attorney can help determine if the government entity is liable.
The value of your case depends on factors like the severity of your injuries, medical expenses, and lost income.
Yes, but visibility and adherence to Florida’s lighting requirements may be considered in determining liability.
The timeline varies based on the complexity of your case and whether it goes to trial.
Evidence may include photos, medical records, police reports, and witness statements.
Nursing Home Abuse FAQ's
Document any signs of abuse, report it to the facility and state authorities, and consult an attorney immediately.
Yes, you can file a lawsuit against the facility, staff, or other liable parties for failing to provide proper care.
In Florida, you typically have two years from the date of discovery to file a claim.
Your attorney can use other evidence, such as medical records, witness testimony, and facility reports, to build the case.
Yes, you may file a wrongful death claim to seek compensation for funeral expenses, emotional distress, and loss of companionship.
Evidence such as medical records, photos of injuries, witness statements, and facility inspection reports can help establish abuse or neglect.
Facilities may claim the injuries were caused by pre-existing conditions or that they were unaware of the abuse. An attorney can challenge these defenses.
Retaliation is illegal, and facilities can face additional penalties for such behavior.
At McGuire Megna Attorneys, we work on a contingency fee basis, meaning you pay nothing unless we win your case.
The timeline depends on the complexity of the case, but your attorney will work to resolve it as efficiently as possible.
Spinal Cord Injury FAQ's
Spinal cord injuries often result from car accidents, motorcycle crashes, slip and falls, workplace accidents, and acts of violence. If your injury was caused by someone else’s negligence, you may have the right to seek compensation.
The severity of a spinal cord injury depends on whether it is complete (total paralysis below the injury site) or incomplete (partial function remains). Long-term effects may include:
✔ Loss of mobility and paralysis (paraplegia or quadriplegia)
- Chronic pain and nerve damage
- Loss of bladder and bowel control
- Difficulty breathing or speaking
- Emotional and psychological distress
You may have a claim if your injury was caused by someone else’s negligence, such as a reckless driver, an unsafe workplace, or hazardous conditions on another person’s property. A spinal cord injury attorney can review your case and determine your legal options.
The value of your claim depends on medical expenses, lost wages, pain and suffering, and future care needs. Spinal cord injury settlements often include compensation for:
- Current and future medical treatment
- Physical therapy and rehabilitation
- Lost income and reduced earning capacit
- Home modifications (wheelchair ramps, lifts, medical equipment)
- Pain and suffering, emotional distress, and loss of enjoyment of life
Florida law allows two years from the date of the accident to file a personal injury lawsuit. However, exceptions may apply depending on the specifics of your case, so it’s best to consult an attorney as soon as possible.
Yes. Florida follows a modified comparative negligence rule, meaning you can still recover damages as long as you are less than 50% at fault. However, your compensation may be reduced by your percentage of fault.
Many SCI victims require ongoing medical treatment, physical therapy, in-home care, and specialized equipment. A skilled spinal cord injury lawyer will calculate the full extent of your future medical needs to ensure you receive maximum compensation.
Yes. Spinal cord injury claims are complex and often involve large insurance companies that will try to minimize payouts. A Clearwater spinal cord injury attorney can:
- Gather medical evidence and expert testimon
- Handle negotiations with insurance companies
- Ensure you receive full compensation for medical care, lost income, and pain and suffering
Traumatic Brain Injury FAQ's
If you experience headaches, dizziness, confusion, or memory loss after an accident, seek medical attention immediately. Even mild TBIs can have long-term effects, and a prompt diagnosis is crucial for treatment and legal claims.
You may have a valid claim if your TBI was caused by someone else’s negligence, such as in a car accident, slip and fall, workplace injury, or medical malpractice. An attorney can help evaluate your case and determine your legal options.
In Florida, the statute of limitations for personal injury claims is two years from the date of the injury. However, if your TBI was caused by medical malpractice, the time limit may vary. It’s important to contact a lawyer as soon as possible to protect your rights.
Victims of traumatic brain injuries may be entitled to compensation for:
- Medical expenses (hospital bills, rehabilitation, therapy)
- Lost wages and future earning capacity
- Pain and suffering
- Emotional distress and loss of enjoyment of life
- Home and vehicle modifications for mobility needs
Proving a TBI case requires medical evidence, expert testimony, and documentation of how the injury has impacted your life. Medical records, brain scans (MRI/CT scans), witness statements, and accident reports play a crucial role in establishing liability.
Most personal injury cases settle out of court, but if the insurance company refuses to offer fair compensation, McGuire Megna Attorneys is prepared to take your case to trial and fight for the full amount you deserve.
Yes. If the accident aggravated or worsened a pre-existing condition, you may still be eligible for compensation. Insurance companies often try to deny these claims, so working with an experienced brain injury lawyer is essential.
Yes. TBI cases are complex, requiring medical expertise, legal knowledge, and strong negotiation skills. An experienced attorney can ensure you receive maximum compensation and aren’t taken advantage of by insurance companies.
Wrongful Death FAQ's
Florida law allows two years from the date of death to file a wrongful death lawsuit. Exceptions apply in cases involving criminal acts, fraud, or medical malpractice.
Yes. Under Florida’s modified comparative negligence rule, you can still recover damages if the deceased was less than 50% responsible for the accident.
A wrongful death lawsuit is separate from criminal cases. You can file a civil lawsuit for financial damages even if the defendant is not convicted in criminal court.
The timeline varies based on case complexity, negotiations, and whether the case goes to trial. Most cases settle within 12-24 months, but complex cases may take longer.
Florida law allows a court-appointed personal representative to file a wrongful death claim on behalf of eligible family members.
In some cases, yes. If negligence, unsafe conditions, or defective equipment caused the death, you may have a third-party wrongful death claim against the employer or manufacturer.
Most wrongful death cases settle out of court, but we are prepared to take your case to trial if necessary.
At McGuire Megna Attorneys, we work on a contingency fee basis, meaning you pay nothing unless we win your case.