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FAQs

Frequently Asked Questions

Medical Malpractice

Medical malpractice is often defined as negligence by a medical professional. However, negligence or a medical mistake alone does not always establish a successful medical malpractice claim. 

Medical negligence requires a medical professional’s breach of the medical standard of care resulting in injury or harm to a patient. The standard of care for medical professionals differs from the general standard of care of a reasonable person in that it analyzes the situation according to a similarly trained and experienced medical professional under similar circumstances. 

The first requirement for suing a doctor or other medical professional is that a doctor-patient relationship existed between you and the medical professional when the harm occurred. Additionally, the medical professional’s negligence must have caused or substantially contributed to your injury or harm.

Secondly, generally, you must file within two years of discovering, or reasonably should have discovered, that the injury was due to medical negligence. Time is critical, so we recommend contacting our firm’s medical malpractice team as soon as possible for a free consultation.

A hospital or other medical establishment can be sued for a patient’s injury under certain circumstances. It is important to determine whether the negligent doctor or other medical professional was an employee of the hospital or other medical establishment at the time of the negligence and injury.

In some cases, hospitals purposely make it difficult to determine if a doctor is an employee of a hospital to avoid liability. Our team has experience investigating the employment status of doctors. We may be able to prove that the hospital is legally responsible for a doctor’s malpractice, even if the doctor was not an employee at the time of the medical negligence.

Unfortunately, there are many forms of medical malpractice that could lead to significant harm to a person and result in a lawsuit. Some of the most common forms of medical malpractice include:

  • Anesthesia errors 
  • Delayed diagnosis 
  • Diagnostic errors 
  • Dosage errors 
  • Misdiagnosis 
  • Medication errors 
  • Surgical errors 
  • Leaving medical equipment (“foreign object”) inside a patient 
  • Inadequate aftercare 
  • Incorrect treatment 
  • Failure to adequately monitor a patient 
  • Failure to prevent infection 
  • Failure to order proper tests 
  • Failure to stop bleeding 
  • Premature discharge 
  • Unnecessary surgery 
  • Wrong procedure performed 
  • Wrong medication administered 
  • Wrong-site surgery 

 Although a doctor might engage in one of the common forms of medical malpractice, such action does not always result in a malpractice claim, especially if no harm or injury results. 

It is important to understand that each medical malpractice case has a unique set of factual circumstances that determine the case’s value. A successful medical malpractice claim also requires significant evidence and testimony, which is often challenging without a team of lawyers specializing in medical malpractice.

Some of the key factors that affect the value of a case include the severity of the doctor’s negligence, the significance of the injury and harm, and any negligence by the patient.

Medical malpractice cases are incredibly difficult and require compliance with many additional state laws and court rules. As such, an experienced medical malpractice attorney can make the difference in securing a favorable settlement or verdict.

A medical malpractice specialist understands the evidence and testimony needed in these cases. This could include requesting evidence from a hospital or securing a medical expert to assist in establishing a breach of the medical standard of care.

We handle cases on a contingency fee basis. You pay no upfront costs or legal fees; we invest all necessary resources. In other words, you pay nothing unless we recover money for you. If there is a settlement or favorable verdict, we are reimbursed for case costs and receive a portion of the recovery as our fee for the legal work on the case.

Wrongful Death

If your loved one died due to another party’s negligence, misconduct, or intentional act, you may have grounds for a wrongful death claim. We’ll evaluate your case during a free consultation.

Under Florida Statute 768.21, the personal representative of the deceased’s estate must file the lawsuit on behalf of surviving family members and beneficiaries.

We handle cases on a contingency fee basis. You pay no upfront costs or legal fees; we invest all necessary resources. In other words, you pay nothing unless we recover money for you. If there is a settlement or favorable verdict, we are reimbursed for case costs and receive a portion of the recovery as our fee for the legal work on the case.

Florida’s statute of limitations for wrongful death cases is generally two years from the date of death, though exceptions may apply in certain circumstances.

Florida law allows recovery for lost support and services, loss of companionship, mental pain and suffering, medical expenses, funeral costs, and other economic losses.

Catastrophic Personal Injury

The team at Travieso McLeod in Northeast Florida handles a wide range of personal injury and accident cases. This list is representative but not exhaustive of the types of cases we may be able to assist you with: 

  • Medical malpractice 
  • Nursing home accidents or abuse 
  • Bicycle accidents 
  • Boating accidents 
  • Bus accidents 
  • Dog bites 
  • Motorcycle accidents 
  • Pedestrian accidents 
  • Premise liability 
  • Negligent security 
  • Sexual harassment 
  • Truck accidents 
  • Public transit accidents 
  • Rideshare accidents 
  • Train accidents 

Many people interchange the words personal injury claim and lawsuit, which can be confusing to a certain extent. All personal injury lawsuits were once claims, but not all personal injury claims become lawsuits.

Many people interchange the words personal injury claim and lawsuit, which can be confusing to a certain extent. All personal injury lawsuits were once claims, but not all personal injury claims become lawsuits.

Claims are legal demands for compensation. This means a demand letter is sent, typically, to an insurance company for payment following an accident. There can be negotiations, an investigation, and more, before a settlement is offered.

Lawsuits, on the other hand, are legal actions. This means the claim is decided in court and involves one party, the plaintiff, suing another party, the defendant, for compensation. Though a settlement can still be negotiated prior to trial, the claim becomes a lawsuit once it enters the court system.

No, filing a case in court and going through the court process are not required in every personal injury claim. In fact, a large majority of personal injury claims settle prior to filing a case in court or before a trial if a case must be filed.

A trial in a personal injury case is often the last resort for all parties involved because of the increased costs associated with a trial. Unfortunately, insurance companies and negligent parties do not always present fair offers for settlement, so a trial is always a possibility following an accident. That is why Travieso McLeod prepares each claim as if it will proceed to trial.

The common types of damages available for recovery in a personal injury claim include economic and non-economic damages. Economic damages are intended to compensate you for your losses from the accident, such as medical expenses, lost wages, and property damages.

Non-economic damages are intended to compensate you for the pain and suffering experienced during and after the accident and any loss of your ability to enjoy your life. In some cases, you might also be entitled to punitive damages for especially careless or reckless actions of the responsible parties. The amount and specific types of damages available in a personal injury claim vary significantly based on the case’s circumstances.

Your role in causing an accident could potentially limit or bar your recovery of damages in a personal injury claim, depending on where the accident occurred. Generally, in settlement negotiations or if the case goes to trial, the parties will argue the percentage of fault of all parties. If you are determined to be partly at fault for the accident, any damage award could be limited by your percentage of fault.

In Florida, if you are found more than 50 percent at fault or responsible in any percentage, you may be barred from recovering any damages, no matter how significant your damages were following the accident. This is why hiring a Florida personal injury attorney is imperative.

Pre-existing conditions can play a substantial part in a personal injury case. In general, you are not entitled to compensation for pre-existing injuries that were not affected in the accident. However, you could be entitled to damages if your pre-existing condition was exacerbated or aggravated by the accident.

Proving an exacerbation or aggravation commonly requires determining the severity of the pre-existing condition prior to and following the accident. As such, pre-existing conditions often lead to significant contention from the insurance companies.

You are not required to have a personal injury lawyer following an accident; however, a lawyer could explain your legal options and help secure a more favorable result. Often, insurance companies will try to take advantage of unrepresented individuals in the claim process with low settlement offers.

A Florida personal injury lawyer understands the value of a case and when an offer is appropriate for the damage and harm caused in an accident. Additionally, a lawyer could handle the complex court process through its conclusion if a claim does not settle prior to the state deadline for filing a claim.

How much a personal injury or accident attorney will cost depends on many factors. If the case settles before entering into litigation, then you can save a lot of expenses. If it goes to trial, it can get expensive, especially considering the experts that might need to be involved. The number and types of experts depend on the case itself, the injury, and the defendant(s). 

Another important factor determining the costs of a personal injury lawyer is the type of fee structure the attorney offers. 

  • Contingency basis. You only pay if you win, and even then, the fees are usually taken directly out of the settlement or award, as opposed to your own pocket. 
  • Fixed-rate basis. You pay one fee that may or may not be inclusive of certain other fees and expenses. 
  • Hourly basis. You pay on an hourly basis, and this may or may not include certain other fees and expenses. 


Regardless of the fee structure, each type has pros and cons. You need to weigh those pros and cons alongside your unique situation. Ultimately, you want to make sure you know exactly what you are getting for what you are paying. 

When the insurer does not settle, and you want to file a lawsuit, you must do so within the timeframe outlined in the relevant statute of limitations. Therefore, it is imperative that you understand the statute of limitations and not allow the time period to expire. 

Meeting with a personal injury lawyer in Florida soon after you suffer the injury, even if only for a consultation, can help you understand your rights and allow you to ask about deadlines. If you do not file on time, you may miss your chance to receive just and fair compensation.