Bizymoms.com: Orlando Personal Injury Lawyer Interview



Q. Tell us about yourself and your practice?

A.    My name is Meghan Kane and together with my father Thomas Kane we have formed the Kane Law Firm P.A. located in Maitland Florida.  We are a family-oriented law firm which focuses primarily on personal injury cases including but not limited to auto and motorcycle accidents wrongful death slip and fall negligent security boating accidents and any other injuries that occurred as a result of the negligence of others or disputes with an insurance company. 

My father Tom has practiced law in Central Florida for over 34 years.  During that time he has achieved much success both as a plaintiff and defense attorney for an insurance company.  He is also a mediator recognized as one of the top ten most successful Appellate Mediators in the Fifth District Court of Appeals.  He has been awarded an AV Rating by Martindale-Hubbell which is their highest level for attorneys and has been a Board Certified Civil Trial Lawyer since 1984.

I have been practicing law in Central Florida for over 4 years.  Before deciding to work with my father I was in-house counsel for a business consulting company.  After a close family friend’s son suffered a traumatic injury and I saw how my father was able to help get the money necessary for the best treatment and doctors to aid in his recovery I realized how rewarding working as a personal injury lawyer could be. 

If you would like additional information about our firm we welcome you to view our website at http://www.kaneinjury.com or call us at 407-644-KANE(5263).

Q.    If a mom asked you to tell us what does personal injury mean what would you say?

A. If anyone asked me the meaning of personal injury I would tell them “any harm caused to a person’s body including any invasion of a personal right including mental suffering and false imprisonment.”  Injuries can occur to anyone; however a debilitating injury can be devastating especially to a mother who has the daily responsibilities of caring for her family.  Mothers often set their own needs aside to make sure their family routine is not altered regardless of their personal pain. The Kane Law Firm prides ourselves on the values of family.

Q.    People have accidents every day what separates a simple accident from one where a person should seek your firm’s assistance?

A. No accident is simple because any accident disrupts one’s life and family.  If a family member is injured in an accident much of your time after the accident will be spent running back and forth to doctors and physical therapy to get the help that is needed to heal.  An injury can turn your life upside-down and those of your loved ones as well.  A personal injury claim/lawsuit is not just about getting a sum of money; it is also about rebuilding your life after dealing with the after affects of a debilitating injury.  As a family-oriented law firm the Kane Law Firm P.A. is uniquely qualified to understand how an injury can affect the family.  At big name large firms accident victims are often just assigned to a case worker and never have the opportunity to speak with an attorney.  At the Kane Law Firm we work for you and you will always be able to speak with an attorney.  LET OUR FAMILY HELP YOUR FAMILY!

Q.    Many people have never called a lawyer before what should they expect when they call your office?  Put people at ease…

A. When you call our office you will be given our undivided attention.  Many people who have never had to contact an attorney feel intimidated and unsure about the process but at the Kane Law Firm we are here to help you!  We are your lawyer and advocate!  We are on your side!

No matter how simple you think the question may be it is always best to consult with an attorney after an accident to protect your rights.  When you call our office the attorneys are always available to answer your questions.  On your first call we will schedule a free initial client consultation.  You will be asked you to bring any documentation relating to the accident - the police report medical bills or records copies of any insurance policies photographs of your injuries or the accident scene etc. which we will use to help us evaluate your claim and answer any questions you may have.  It is our job as your attorney to take every element of your claim (good or bad) and get the best possible outcome for you!


Q.    Do you offer free initial consultations?

A. ABSOLUTELY!  We want everyone to feel comfortable calling and coming in to meet with us so we offer a free initial consultation where we will discuss the options for your case and how we expect to proceed once we have been retained as your attorney.

Q.    What is the process to file a personal injury lawsuit?

A. If you have been injured through the negligence of another you should talk to a personal injury attorney who can help you through the process of dealing with the insurance companies and the tortfeasor (person or company who was negligent).
The majority of personal injury cases are settled before a lawsuit is filed in Court and a competent attorney can often avoid the time and expense of having to go to Court by skillful negotiation or pre-suit mediation. 

If it is necessary to file a lawsuit the process begins with us serving notice by a summons and complaint on the opposing party. Then the parties to the suit engage in the discovery process which allows the parties to obtain sworn oral testimony by deposition submit written interrogatory questions to be answered under oath request the production of documents and medical records relevant to the matter and sometimes request a compulsory physical examination of the Plaintiff by a physician selected by the Insurance Company.

If the case is not settled during Discovery the parties and their attorneys often times attend a mediation where they work together to try to resolve the issues and settle the case. If an agreement is not reached and the case goes to trial it may take some time to be placed on the court docket/schedule and a typical personal injury trial can last between 1 and 5 days.

Q.    From a legal standpoint what is the meaning of pain and suffering?

A. “Pain and suffering” can be defined as mental or physical anguish which is presumed to be a result of the other party’s actions for which you may seek compensation in a personal injury lawsuit.  More specifically it can be defined as a non-economic (or general) damage in a tort action.  There is no exact standard to calculate these damages it is the responsibility of the jury to consider all of the evidence and determine a fair amount.

It is important to note that according to Florida\\\’s no-fault insurance law which requires motorists to have at least $10 000 in personal injury protection (PIP) coverage and $10 000 in property damage liability to receive pain and suffering compensation the motorist must be able to prove that the injury is permanent.

Q.    What are the legal steps and costs involved with accident cases or any other type of personal injury case such as car accidents slips and falls assaults work injuries and defective products medical or dental malpractice claims?

A. All personal injury cases start with a free initial consultation with the attorneys at Kane Law Firm P.A.  Once the client signs the contract required by the Florida Bar which retains us as your counsel we notify the adverse party and the insurance companies that we represent you and to direct all future communication to us.  This should stop the pestering phone calls and landslide of letters that you may have been receiving. 

We then obtain all of the necessary documentation to aggressively present your claim. These documents may include: the accident report photographs of the site photographs of injuries copies of your 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. There is no charge to you during the process.  We are not paid for any of this unless you receive monetary compensation at the close of your case.

Q.    What happens if the person does not live in the state where his/her injury took place?

A. If someone is injured in another state the laws of that state apply.  It is important to check the statute of limitations for actions because they vary by state.  If however an out of state driver causes an accident in Florida he/she may be sued in Florida regardless of their permanent residence.