Question 1

What is a personal injury attorney?

Accepted Answer

A personal injury attorney represents people who have been physically or emotionally hurt because of someone else's negligence or wrongdoing. Their job is to pursue financial compensation on your behalf, whether through a negotiated settlement or a court verdict.

Question 2

How is personal injury law different?

Accepted Answer

Unlike criminal law, where the government prosecutes someone for breaking the law, personal injury law is about making the injured person whole. The goal is compensation, not punishment, and it's the injured person, not the state, who brings the case.

Question 3

Who needs a personal injury attorney?

Accepted Answer

Personal injury lawyers represent cases including victims of nursing home abuse or neglect, slip and fall injuries in retail or medical settings, surgical errors, defective medical devices, car accidents, unsafe products, and dangerous property conditions. Families who have lost a loved one due to another party's actions can also bring a claim.

Some attorneys who practice in other areas of law, like divorce or estate planning, will take an initial call from someone with a potential injury claim and then refer that person to a personal injury specialist. Moore Payne Law receives cases directly and through referral lawyers.

Question 4

How long do I have to file a personal injury lawsuit in Florida?

Accepted Answer

In Florida, you generally have four years from the date of the accident to file a personal injury lawsuit under the statute of limitations. However, for medical malpractice cases, the timeline is typically two years from when the malpractice was discovered or should have been discovered. It's crucial to speak with an attorney as soon as possible to protect your rights.

Question 5

What evidence do I need?

Accepted Answer

The evidence that matters most depends on the type of case, but most personal injury claims are built on some combination of the following:

• Medical records documenting your injuries and treatment
• Accident or incident reports filed at the time of the event
• Photographs or video footage of the scene, your injuries, or the conditions that caused the harm
• Witness statements from anyone who saw what happened
• Expert testimony, often from medical professionals or accident reconstruction specialists, explaining how the injury occurred and what the long-term impact will be
• Financial records showing lost wages, medical bills, and other out-of-pocket costs

In cases involving nursing home neglect, facility inspection reports, staffing records, and internal communications can be critical. In medical malpractice cases, the standard of care is typically established through expert medical witnesses rather than physical evidence alone.

The sooner evidence is gathered, the stronger a case tends to be. As your attorneys, we can help make sure nothing important is lost or overlooked while you focus on recovering.

Question 6

How much does a personal injury case cost?

Accepted Answer

Moore Payne Law works on a contingency fee basis, which means you pay nothing unless we win your case. The fee is a percentage of the final settlement or verdict, so there is no upfront cost and no bill if the case is unsuccessful. Initial consultations are free, so there is no financial risk in calling to discuss your situation.

Question 7

What is the process like for a personal injury case?

Accepted Answer

Personal injury cases follow a general arc, though the timeline and specifics vary depending on the type of claim.

Initial consultation and case evaluation
The process begins with a free consultation, where we review the facts of your situation and advise whether you have a viable claim. If we take your case, we will begin gathering evidence, requesting medical records, and building the foundation of your claim.

Investigation and demand
We investigate the incident, document your injuries and financial losses, and consult with experts when needed. Once your medical treatment is complete or your condition has stabilized, we will typically send a demand letter to the at-fault party or their insurance company outlining your injuries and the compensation you are seeking.

The insurance company's role
In most personal injury cases, you are negotiating with an insurance company instead of the person or entity that hurt you. The insurance company has adjusters and attorneys whose job is to minimize what they pay out. Having an attorney on your side levels that playing field.

Negotiation and settlement
Statistically, most personal injury cases resolve through negotiation before ever reaching a courtroom. We go back and forth with the insurance company until both sides reach an agreement, or until it becomes clear that a fair settlement is not possible. Unlike typical high-volume personal injury lawyers, Moore Payne Law prepares each case as if it will go to trial, demonstrating to insurance companies that we are committed to the best outcome for our clients rather than aiming for a quick settlement.

Filing a lawsuit
If negotiations stall, we file a formal lawsuit. This does not necessarily mean the case will go to trial. Many cases settle during the litigation process, sometimes on the courthouse steps.

Discovery
Both sides exchange evidence, take depositions, and interview witnesses. This phase can take months and often shapes whether a case settles or proceeds to trial.

Trial
If no settlement is reached, the case goes before a judge or jury. We present evidence, examine witnesses, and argue your case. A verdict is issued and damages are awarded if the jury finds in your favor.

Special processes worth knowing about
Medical malpractice cases in Florida require additional steps before a lawsuit can even be filed. We must first notify the defendant and provide an expert affidavit supporting the claim. The defendant then has a window to respond or make a settlement offer. This presuit process adds time but is required by law.

Additionally, Florida has long had a provision in its medical malpractice wrongful death statute that limited who could recover non-economic damages, such as pain and suffering, when a patient died due to medical negligence. Under the original law, if the deceased was an adult with no spouse or minor children, their parents and adult children had no legal right to recover those damages, even if the malpractice was clear and the loss was devastating. Critics referred to this as the "Free Kill" law, arguing it effectively reduced the legal consequences for providers who negligently killed certain patients. In 2023, Florida passed legislation making changes to this area of law. If you believe a family member's death may have involved medical negligence, Moore Payne Law can help you understand what your family may be entitled to recover under the current statute.

Nursing home neglect cases also involve a distinct process in Florida, with specific statutory requirements governing how claims are filed and what must be proven. These cases often involve facility records, staffing data, and state inspection reports that require careful handling.

Birth injury cases have their own layer of complexity. Florida operates a no-fault compensation system called the Neurological Injury Compensation Association (NICA), which covers certain birth-related neurological injuries. In some situations, NICA may be the required path for compensation rather than a traditional malpractice lawsuit. We can help determine which avenue applies to your situation.

Question 8

What Makes Traumatic Brain Injury Cases Different?

Accepted Answer

Traumatic brain injury (TBI) cases are among the most complex in personal injury law, and among the most consequential. A serious TBI can affect every aspect of a person's life, from their ability to work and communicate to their relationships and long-term care needs. These cases demand a level of preparation and resources that not every firm is equipped to provide.
A few things make TBI cases distinct from other personal injury claims:

• Symptoms are not always immediate. Cognitive changes, memory loss, and personality shifts can emerge weeks or months after the initial injury, which means settling too early can significantly undervalue a claim.
• Causation is frequently disputed. Insurance companies and defense attorneys often challenge the link between the incident and the injury, particularly for symptoms that do not appear clearly on imaging or emerge with time. Expert medical testimony is almost always required.
• The victim may not be able to participate in their own case. Severe TBI can leave a person unable to communicate or make legal decisions, which means a family member may need to step in as a legal guardian to pursue the claim on their behalf.
• Multiple defendants are common. A single incident can involve more than one responsible party. In cases where a utility company delegates maintenance responsibilities to a third-party contractor, for example, both the company and the contractor may share liability. Identifying every responsible party, and holding each one accountable, can make a significant difference in the outcome.

If someone you love has suffered a serious brain injury and cannot pursue a claim on their own, Moore Payne Law can help your family understand your options.

Question 9

How long does a personal injury case take?

Accepted Answer

There is no universal answer, but most personal injury cases take anywhere from several months to a few years to resolve.

Cases that settle early in the negotiation process move faster. Cases that proceed to litigation, require extensive expert testimony, or involve disputed liability can take significantly longer. The complexity of your injuries also matters: we typically wait until a client has reached maximum medical improvement before settling to make sure the full extent of damages is accounted for. Settling too early can leave money on the table if your condition turns out to be more serious than initially understood.

A few factors that often extend a case's timeline:

• Multiple defendants, such as in a nursing home neglect or product liability case
• Disputed liability, where the other side contests who was at fault
• Serious or permanent injuries requiring ongoing expert evaluation
• Cases that proceed through the full litigation and trial process
• Florida's presuit requirements in medical malpractice and nursing home cases, which add mandatory steps before a lawsuit can be filed

We can give you a realistic sense of the timeline once we have reviewed the specifics of your situation.

Question 10

What does a personal injury attorney do for you day-to-day?

Accepted Answer

When you work with us, you focus on recovering. We handle everything else, including gathering and preserving evidence, requesting medical records, communicating with insurance adjusters, coordinating with your medical providers, and managing any liens on your case. We consult with experts, build the legal arguments, and negotiate on your behalf. If your case goes to litigation, we handle all court filings, depositions, and trial preparation.

On a practical level, this means you are not fielding calls from insurance companies, not trying to navigate medical billing disputes on your own, and not making consequential legal decisions without guidance. Insurance adjusters are experienced negotiators whose goal is to settle your claim for as little as possible. Having us in that conversation changes the dynamic significantly.

We also keep you informed at every stage so you understand what is happening with your case and what to expect next.

Question 11

How much compensation can I get?

Accepted Answer

The compensation available in a personal injury case depends on the specific facts of your situation, the severity of your injuries, and the strength of the evidence. Every case is different, and no attorney can promise a specific outcome.

That said, personal injury claims generally seek to recover two categories of damages:

Economic damages cover tangible financial losses, including medical bills, future medical care, lost wages, and reduced earning capacity.

Non-economic damages cover things that are harder to put a number on, including pain and suffering, emotional distress, and loss of enjoyment of life.

In cases involving especially reckless or intentional misconduct, a court may also award punitive damages, which are meant to punish the defendant rather than simply compensate the victim.

The goal is to make you as whole as possible given what you have been through. A free consultation with our team is the best way to get a realistic sense of what your specific situation may be worth.

Question 12

How do most cases resolve? What happens if I lose?

Accepted Answer

Most personal injury cases settle before trial. Settlement means both sides agree on a compensation amount without going before a judge or jury. This is the most common outcome because it offers certainty for both parties and avoids the time and expense of a full trial.

If a case does go to trial, the jury may find in your favor and award damages, find in your favor but award less than you hoped for, or find in favor of the defendant. Appeals are possible but extend the timeline considerably.

If your case is unsuccessful, whether through a verdict or because no viable claim existed, you owe us nothing. We work on a contingency basis, which means our fee comes from a percentage of what we recover for you. If we do not recover anything, you do not pay attorney fees.

The decision to settle or go to trial is always yours to make. At Moore Payne Law, our job is to give you an honest assessment of your options and the risks involved at every stage so you can make an informed choice.

Question 13

How to choose a personal injury attorney

Accepted Answer

Choosing the right personal injury attorney matters as much as deciding to hire one. A few things worth considering:

Experience with your type of case
Personal injury law covers a wide range of case types, and not all firms handle all of them. Look for an attorney with specific experience in the type of claim you have, whether that is a car accident, medical malpractice, nursing home neglect, or something else.

Contingency fee structure
A reputable personal injury attorney should work on contingency, meaning you pay nothing unless they win. Be cautious of any firm that asks for upfront payment.

Communication and accessibility
Your case may take months or years to resolve. You want an attorney who keeps you informed, returns calls promptly, and explains things in plain language. Ask during your consultation how often you will receive updates and who your primary point of contact will be.

Case volume
This one matters more than most people realize. Some personal injury firms operate at high volume, taking on as many cases as possible and pushing most toward quick settlements regardless of their actual value. A lower-volume firm like Moore Payne Law can give your case the attention it deserves, invest the time needed to build a stronger claim, and push back when an early settlement offer is not in your best interest. At Moore Payne Law, we prepare every case as if it will go to trial, demonstrating to insurance companies that we will do what is best for our clients, not accepting low-ball offers for a quick resolution.

Our founding partners, Geoff Moore and Spencer Payne, work directly with every client, ensuring that you receive personalized attention. To date, we have recovered over $135 million for our clients with $35 million in verdicts.

If you or someone you love has been injured due to someone else's negligence, we are here to help. Contact Moore Payne Law today for a free consultation. There is no obligation and no fee unless we win your case.

Moore Payne Law Firm Information