Frequently Asked Questions
At Martino & McCabe, we understand that navigating a personal injury case can feel overwhelming. Below are answers to the most common questions our Jacksonville clients ask. If you don’t find the answer you’re looking for, please don’t hesitate to contact us for a free consultation.
General Questions About Personal Injury Cases
ANSWER: Yes, in almost every personal injury case, having an experienced attorney significantly improves your chances of receiving fair compensation. Insurance companies are not on your side – their goal is to pay as little as possible, regardless of the severity of your injuries or the impact on your life.
At Martino & McCabe, we often tell clients: “If insurance companies fairly compensated injury victims, personal injury attorneys wouldn’t be necessary.” Unfortunately, the reality is that insurance companies use tactics to minimize payouts, and without legal representation, you’re at a significant disadvantage.
Our 30+ years of combined experience has shown us that clients who handle cases themselves typically receive far less compensation than those who work with qualified attorneys.
ANSWER: Martino & McCabe handles a wide variety of personal injury cases throughout Jacksonville and Florida, including:
- Car accidents and motor vehicle collisions
- Motorcycle accidents
- Truck accidents
- Slip and fall accidents
- Medical malpractice
- Nursing home abuse and neglect
- Product liability cases
- Wrongful death claims
- Dog bite injuries
- Premises liability cases
With over 500 successful cases and 30+ years of combined experience, we have the knowledge and resources to handle complex personal injury matters across multiple practice areas.
ANSWER: You may have a valid personal injury claim if:
- You were injured due to someone else’s negligence or wrongful actions
- You have documented injuries requiring medical treatment
- Your injuries have caused financial losses (medical bills, lost wages, etc.)
- The incident occurred within Florida’s statute of limitations (typically 4 years for most personal injury cases)
The best way to determine if you have a valid claim is to schedule a free consultation with our team. We’ll review the details of your case and provide honest advice about your legal options.
Questions About Legal Fees and Costs
ANSWER: We work on a contingency fee basis, which means you pay no attorney fees unless we successfully recover money for your case. This arrangement allows anyone to access high-quality legal representation regardless of their financial situation.
Our contingency fee structure typically works as follows:
- 33⅓% of any settlement reached before filing a lawsuit
- 40% of any recovery obtained after a lawsuit is filed and litigation begins
This fee structure is standard throughout Florida and has been approved by the Florida Supreme Court. We’ll review the complete fee agreement with you before you sign anything.
ANSWER: “Costs” refer to expenses necessary to properly investigate and prosecute your case, such as:
- Medical record fees
- Accident report copies
- Expert witness fees
- Court filing fees
- Deposition costs
- Investigative expenses
At Martino & McCabe, we advance all costs upfront, so you don’t pay anything out of pocket. We only recover these costs if your case is successful. If we don’t win your case, you owe nothing for costs or fees.
Depending on the complexity of your case, costs can range from a few hundred to several thousand dollars. Our firm has the financial resources to advance whatever costs are necessary to properly handle your case.
ANSWER: Florida Bar rules strictly prohibit attorneys from lending money to clients during representation. However, we understand that injuries can create financial hardship.
While there are private companies that offer “lawsuit loans” or advances against potential settlements, these services are extremely expensive with high interest rates. We generally recommend against them except in the most dire circumstances.
Instead, we focus on moving your case forward as efficiently as possible while ensuring we don’t settle prematurely and compromise your recovery.
Questions About the Legal Process
ANSWER: The timeline varies significantly based on several factors:
- Simple car accident cases: Typically 6-12 months
- Complex injury cases: 12-24 months
- Medical malpractice cases: Often 2-3 years
- Cases requiring surgery or ongoing treatment: May take longer to ensure full recovery is documented
At Martino & McCabe, we don’t get paid until you get paid, so we’re motivated to resolve your case as quickly as possible while ensuring you receive maximum compensation. We’ll keep you informed throughout the process and provide realistic timelines based on your specific situation.
ANSWER: If you’re able, take these steps:
- Seek immediate medical attention – Your health is the priority
- Report the incident – Call police for vehicle accidents, report slip and falls to property managers
- Document everything – Take photos, get witness contact information
- Contact your insurance company – Report the incident but avoid giving detailed statements until speaking with an attorney
- Keep detailed records – Save all medical bills, correspondence, and documentation
- Contact Martino & McCabe – Call us as soon as possible for a free consultation
Important: Don’t sign any documents or accept settlement offers without consulting an attorney first.
ANSWER: Most personal injury cases settle out of court. However, we prepare every case as if it will go to trial, which often leads to better settlement offers from insurance companies.
If the insurance company won’t offer fair compensation, we’re fully prepared to take your case to court. Our trial experience and track record of success often motivate insurance companies to make reasonable settlement offers rather than risk a jury verdict.
ANSWER: Yes, settlements and court verdicts are generally final and cannot be reopened. This is why it’s crucial to ensure your injuries are fully understood and documented before settling.
At Martino & McCabe, we never rush to settle cases. We make sure you’ve reached maximum medical improvement and that we fully understand the long-term impact of your injuries before recommending any settlement.
Questions About Medical Care and Treatment
ANSWER: In most cases, no. Insurance companies rarely pay medical expenses during the claims process because:
- They hope financial pressure will force you to accept a low settlement
- They don’t want to allow full medical treatment that would increase your claim’s value
If you have Personal Injury Protection (PIP) coverage or health insurance, use those first. At Martino & McCabe, we work with medical providers who understand personal injury cases and may provide treatment with payment deferred until your case resolves.
ANSWER: Many doctors avoid treating accident victims for several reasons:
- They don’t want involvement in litigation
- They receive substantial income from insurance companies and don’t want to jeopardize those relationships
- They perceive higher malpractice risks with accident-related injuries
- They prefer not to work with attorneys
Through our 30+ years of experience, we’ve developed relationships with qualified medical professionals who understand personal injury cases and are willing to provide excellent care to our clients.
ANSWER: Use your own insurance coverage first when available:
- PIP coverage – Covers medical expenses and lost wages regardless of fault
- Health insurance – Provides immediate access to medical care
- Uninsured/Underinsured motorist coverage – Protects you when the at-fault party has insufficient insurance
Using your own insurance ensures you get prompt medical care while we pursue full compensation from the responsible party.
Questions About Our Law Firm
ANSWER: Several factors set us apart:
- Personal attention: We’re not a large corporate firm. Attorneys Nick Martino and Mike McCabe personally handle cases and prioritize individualized representation
- Experience: 30+ years of combined experience with over 500 successful cases
- Local knowledge: We’re based in Jacksonville and understand local courts, judges, and legal procedures
- No upfront costs: We advance all costs and fees – you pay nothing unless we win
- Proven results: Our track record speaks for itself with numerous successful settlements and verdicts
We believe the “business” aspects of law should never overshadow the human aspects, and we ensure that doesn’t happen at our firm.
ANSWER: Yes. All attorneys at Martino & McCabe are licensed by the Florida Bar and in good standing. We maintain all required continuing education and professional development to provide our clients with current, knowledgeable legal representation.
ANSWER: We offer flexible appointment schedules and can often arrange same-day consultations for urgent matters. We understand that injuries don’t happen on a convenient schedule, and we’re available to discuss your case when you need us.
Call us today for a free consultation – we’ll evaluate your case and provide honest advice about your legal options.
ANSWER: While we’re based in Jacksonville, we handle personal injury cases throughout Florida. We understand Florida personal injury law and have the resources to effectively represent clients across the state.
Questions About Insurance
ANSWER: We strongly recommend against speaking with the other party’s insurance company without an attorney present. Insurance adjusters are trained professionals whose job is to minimize payouts. They may seem friendly and helpful, but their interests are directly opposed to yours.
Politely tell them you’ll have your attorney contact them, then call Martino & McCabe immediately. We’ll handle all communications with insurance companies to protect your rights.
ANSWER: Florida has a high rate of uninsured drivers, but you may still have options:
- Uninsured Motorist (UM) coverage – Protects you when the at-fault party has no insurance
- Underinsured Motorist (UIM) coverage – Provides additional protection when the at-fault party’s insurance is insufficient
- Personal assets of the at-fault party – Though often limited
We’ll review all available insurance coverages and options to maximize your recovery.
ANSWER: Generally, filing a claim when you’re not at fault should not increase your insurance rates. However, insurance companies have different policies, and some may still raise rates despite Florida law protections.
The potential for a small rate increase should never prevent you from seeking fair compensation for your injuries. The compensation you receive will far outweigh any premium increases.
Tax Questions
ANSWER: Generally, personal injury settlements for physical injuries are not taxable under federal law. However, there are exceptions:
- Punitive damages may be taxable
- Interest on settlements is typically taxable
- Compensation for lost wages may have tax implications
We work carefully during settlement negotiations to structure agreements in the most tax-advantageous way possible. Always consult with your tax preparer about your specific situation.
Ready to Get Started?
If you have additional questions not covered here, or if you’d like to discuss your specific case, contact Martino & McCabe today for a free consultation.
Call us at: 904-999-4657
Email us at: consultation@martinomccabe.com
Visit us at: 110 Solana Road, Suite 102, Ponte Vedra Beach, Jacksonville, Florida 32082
Remember: There’s no fee unless we win your case, and the initial consultation is always free. Don’t let insurance companies take advantage of you – get experienced legal representation on your side.
