Frequently Asked Questions

Duncan Injury Group (DIG Law) is a personal injury law firm representing injured victims in Florida, Texas, and Arizona. We handle car accidents, truck accidents, slip and falls, premises liability, and other serious injury cases. Our firm has recovered over $250 million for clients across all three states.

No. We can handle your entire consultation — and often your entire case — without you ever stepping into an office. We meet clients in person, by phone, by video, or we can come to you if you are hospitalized or unable to travel. We work around your situation, not the other way around.

Our attorneys have decades of combined experience in personal injury litigation. We have represented thousands of injury victims and have a track record of results against some of the largest corporations and insurance carriers in the country, including Walmart, national trucking companies, and major auto insurers.

Our primary practice areas include: car and truck accidents, slip and fall / premises liability, motorcycle accidents, rideshare accidents (Uber/Lyft), wrongful death, pedestrian and bicycle accidents, and other serious personal injury matters. If you were hurt because of someone else's negligence, we want to hear from you.

We are a focused personal injury firm — large enough to have the resources, investigators, and expert networks to take on major corporations and insurance companies, but structured so that real attorneys — not paralegals or case managers — are responsible for your case and accessible to you throughout the process.

Yes. We represent clients throughout Florida, Texas, and Arizona regardless of where they live relative to our offices. Most of our client communication is handled remotely, and we handle all filings, court appearances, and negotiations on your behalf. Distance is not a barrier.

Absolutely. Many people who call us unsure they have a claim do have one — and many situations that seem straightforward have complications worth knowing about. Our free consultation costs you nothing and gives you real information about your rights with no obligation to hire us. We would rather you call and find out than not call and lose out on compensation you deserve.

Yes. We have Spanish-speaking staff and can handle your consultation, case, and all communications in Spanish. Hablamos español. No debe preocuparse por la barrera del idioma para obtener la ayuda que necesita.

We listen. You tell us what happened, when it happened, what injuries you sustained, and what medical care you've received. We ask questions to understand the circumstances and assess the strength of your potential claim. We explain your legal options, the likely process, and what we think your case may be worth. You leave knowing more than when you arrived — and there is no cost and no obligation to hire us.

It depends heavily on the complexity of your injuries and whether the defendant accepts liability. Cases with clear liability and moderate injuries may settle in 6 to 12 months. Cases involving disputed liability, severe injuries, or defendants who refuse to negotiate reasonably may take 2 to 3 years or more if litigation is required. We pursue your case aggressively at every stage to achieve the best result in the shortest reasonable time.

The vast majority of personal injury cases settle before trial. However, we prepare every case as if it will go to trial — because insurance companies know which attorneys are willing to fight in court and which are not. Our willingness and ability to take cases to verdict is one of the most important factors in achieving strong settlements. We will not pressure you to accept an inadequate offer.

A settlement is a negotiated agreement between the parties — usually involving a payment in exchange for releasing your claims. Settlements happen before or during trial and provide certainty and speed. A verdict is a decision by a judge or jury after a trial. Verdicts can result in larger awards but involve more time, cost, and uncertainty. We advise you on which path makes the most sense given the facts and the defendant's position.

No — and you should not. The opposing insurer's adjuster is not on your side. Recorded statements are taken to minimize your claim, not to help you. Anything you say can be used to undercut your case. If you are represented by DIG Law, all communications from opposing insurers go through us. If you have not yet hired an attorney, decline any recorded statement until you have spoken with one.

The most critical evidence typically includes: photographs or video of the scene and hazard; medical records from immediately after the incident forward; witness statements; incident or police reports; surveillance footage (which disappears quickly); and the defendant's own inspection logs, maintenance records, or communications. We act fast to preserve all of this before it is lost or destroyed.

Discovery is the formal pre-trial phase where both sides exchange information. This includes written questions (interrogatories), requests for documents (such as inspection logs, training records, or maintenance histories), and depositions — where witnesses and parties answer questions under oath before trial. Discovery is often where cases are won or lost, and our attorneys are aggressive in obtaining records that defendants would prefer to keep hidden.

A deposition is a sworn, recorded statement given outside of court — typically with attorneys for both sides present. If your case proceeds to litigation, it is likely you will be deposed by the defense attorney. We prepare all of our clients extensively for depositions so that you know what to expect, understand your rights, and present your account clearly and consistently. A well-prepared deposition is an asset to your case.

Yes. You have the right to change your attorney at any time. If you feel your current attorney is not communicating with you, not moving your case forward, or has pressured you to accept a low settlement, contact us. We can review your situation, and if we take your case, we coordinate the transition. There is typically no cost to you for switching — the attorneys work out fee allocation between themselves.

Under Florida Statute § 768.0755, you must prove that (1) the store had actual or constructive knowledge of the hazardous condition, and (2) the hazard caused your fall and injuries. Constructive knowledge means the condition existed long enough that a reasonable inspection should have discovered it. This is the central battleground in most Florida retail slip and fall cases.

No. A wet floor sign does not automatically eliminate the store's liability. The sign must have been placed appropriately — visible, near the actual hazard, and positioned before you entered the area. If it was behind you, around a corner, placed after your fall, or if the hazard extended well beyond where the sign was located, the store may still be liable. Every situation is different and worth evaluating.

Retailers are responsible for maintaining safe conditions in their parking lots, walkways, and entryways — not just inside the store. Potholes, uneven pavement, broken curb cuts, inadequate lighting, and standing water pooling in predictable areas are all common bases for valid premises liability claims. The same knowledge standard applies: the retailer must have known or should have known about the hazard.

Possibly. The absence of an incident report is a hurdle, not a death sentence for your claim. If you have same-day medical records, photographs, witnesses, or if surveillance footage captured the fall, we can often build a strong case without an official report. Contact us immediately — the longer you wait, the more evidence disappears.

Evidence of duration includes: dried or spreading edges around the spill, dirt or footprints tracked through the liquid, the store's inspection logs showing no recent check of that area, witness accounts of seeing the hazard earlier, and surveillance footage showing the spill before your fall. We know exactly what to look for and demand through discovery.

They can try. Florida uses a modified comparative negligence standard — if you are found partially at fault, your recovery is reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover. Stores routinely allege distraction or inappropriate footwear to reduce their liability. Our job is to counter that narrative with evidence that the hazard was the primary cause and that a reasonable, attentive shopper would have had no warning it was there.

When a store employee creates the hazard — such as mopping a floor and leaving it wet — the store has direct knowledge of the hazardous condition. This is actually one of the stronger fact patterns for a slip and fall claim. The key issues are whether adequate warning was given (wet floor signs visible and properly placed) and whether the area was cordoned off or an alternative route was available.

Yes. The same premises liability principles that apply to retail stores apply to restaurants, hotels, gyms, theme parks, office buildings, and any other business open to the public. Property owners and occupiers have a legal duty to maintain reasonably safe conditions for their guests and customers. Florida, Texas, and Arizona all recognize this duty.

Private property owners also owe a duty of care to invited guests. Apartment complexes, in particular, have ongoing obligations to maintain common areas, walkways, stairwells, and parking lots in safe condition. Slip and fall claims against landlords and property management companies are handled somewhat differently than retail claims, but the core negligence principles are the same.

Most large retailers overwrite surveillance footage on a rolling cycle of 30 to 72 hours, though policies vary. Some systems overwrite even faster. Once footage is gone, it cannot be recovered. We send formal preservation demand letters to stores immediately after being retained, which creates a legal obligation to preserve the footage. If a store destroys evidence after receiving a preservation demand, that itself can be used against them in litigation.

Call 911, even for accidents that seem minor. Seek medical attention the same day — do not wait. Photograph the vehicles, the scene, road conditions, and any visible injuries. Get the other driver's insurance, license, and registration information. Collect witness contact information. Do not admit fault or apologize at the scene. And do not give a recorded statement to any insurance company before speaking with an attorney.

Not necessarily. Florida's no-fault system requires you to first go through your own Personal Injury Protection (PIP) coverage for initial medical bills and lost wages. However, you can step outside no-fault and bring a claim against the at-fault driver if your injuries meet Florida's "serious injury" threshold — which includes significant or permanent loss of a bodily function, permanent injury, significant scarring or disfigurement, or death. Most cases involving real injuries qualify to step outside no-fault.

Personal Injury Protection (PIP) is mandatory in Florida and covers 80% of medical bills and 60% of lost wages up to $10,000, regardless of who was at fault. PIP kicks in first. If your injuries exceed the PIP threshold in severity, you can then bring a claim against the at-fault party for the remaining damages — including pain and suffering, which PIP does not cover. Navigating PIP while also pursuing a third-party claim requires careful strategy.

Your own Uninsured/Underinsured Motorist (UM/UIM) coverage is your primary recourse when the at-fault driver has no insurance or not enough insurance. This is why carrying robust UM coverage is so important. We can review your own policy to determine what coverage is available, help you make a UM claim, and — if necessary — sue the uninsured driver directly, though collecting on such a judgment can be difficult.

In Florida, under the modified comparative negligence rule (effective 2023), you can recover as long as you were 50% or less at fault. Your award is reduced by your percentage of fault. For example, if you were 20% at fault and your damages are $100,000, you recover $80,000. If you are found more than 50% at fault, you cannot recover in Florida. Fault percentages are contested by both sides, which is another reason having skilled legal representation matters.

It depends on the driver's status at the time of the accident. Uber and Lyft provide different levels of coverage depending on whether the driver was (1) offline, (2) logged in and waiting for a ride request, or (3) actively transporting a passenger. Coverage ranges from the driver's personal insurance to Uber/Lyft's $1 million commercial policy when a passenger is in the vehicle. These cases involve multiple insurance layers and require careful navigation.

Truck accident cases are more complex than standard car accidents and typically involve much higher stakes — both because injuries tend to be more severe and because commercial trucking companies carry large insurance policies (federal minimums range from $750,000 to $5 million). Multiple parties may be liable: the driver, the trucking company, the cargo loader, or the truck manufacturer. Federal hours-of-service regulations, driver logbooks, black box data, and maintenance records become critical evidence — and all must be preserved quickly.

Yes — delayed onset of symptoms is extremely common, especially for soft tissue injuries, herniated discs, and concussions. Adrenaline and shock mask pain in the immediate aftermath. The critical issue is that you seek medical attention as soon as symptoms appear and document the connection to the accident. A gap between the accident and your first medical visit will be used by the defense to suggest your injuries are unrelated. See a doctor promptly, even if symptoms feel minor.

Yes, but with important restrictions. Claims against government entities — cities, counties, school boards, state agencies — in Florida require a notice of claim to be filed within 3 years of the incident, and there are damages caps that apply. The process is more complex and the timeline more compressed than a standard personal injury case. If a government vehicle was involved in your accident, contact us immediately — the procedural requirements are strict.

Two reasons: your health and your case. Medically, many serious injuries — spinal injuries, traumatic brain injuries, internal bleeding — worsen rapidly without treatment. Legally, a same-day medical record creates a documented, timestamped connection between the accident and your injuries. Every day you wait gives the defense ammunition to argue that your injuries are unrelated, pre-existing, or not serious enough to require urgent care.

This is one of the most common defense tactics. The key is the legal doctrine of the "eggshell plaintiff" — a defendant takes the victim as they find them. Even if you had a prior back injury, if the accident significantly worsened that condition, you are entitled to compensation for the aggravation. We work with medical experts who can clearly document and articulate the difference between your pre-existing condition and what the accident caused or worsened.

Many of our clients receive medical care on a medical lien basis — meaning the treating providers agree to defer payment until your case resolves, with payment coming from your settlement. We work with a network of qualified physicians, orthopedic specialists, neurologists, and physical therapists who treat injury clients on this basis. You should never delay necessary treatment because of cost concerns while your case is pending.

Cases involving the following types of injuries generally carry higher value: traumatic brain injuries (TBI), spinal cord injuries or paralysis, herniated or bulging discs requiring surgery, fractures (especially hip, vertebral, or wrist fractures from falls), torn ligaments or rotator cuff injuries, burns, and injuries resulting in permanent disability or disfigurement. The impact on your ability to work and enjoy life is central to the value calculation.

Potentially. In Florida litigation, defendants often have the right to request an Independent Medical Examination (IME) — though "independent" is a misnomer, as these doctors are hired and paid by the defense specifically to minimize your injuries. We prepare our clients for IMEs, attend when permitted, and use the opinions of your treating physicians — who have actually treated you — to counter any minimizing IME report.

A gap in treatment refers to a period of time during which you stopped receiving medical care after your accident. Defense attorneys argue that if your injuries were truly serious, you would have sought continuous treatment. Gaps are used to suggest your injuries healed, were minor, or were caused by something other than the accident. If you need to pause treatment for financial, logistical, or scheduling reasons, let your attorney know — there are ways to document and address gaps.

Yes. If your injuries will require ongoing treatment, future surgeries, physical therapy, or long-term care, those future costs are recoverable as part of your claim. We work with medical and economic experts who can project future care needs and costs with specificity, which is essential in cases involving permanent injuries or disability.

Nothing upfront. We handle all personal injury cases on a contingency fee basis — meaning we only get paid if and when we recover money for you. Our fee is a percentage of the recovery. If we don't win, you owe us nothing. This means every person, regardless of their financial situation, can access the same legal representation as a corporation.

Contingency fees in personal injury cases in Florida are regulated by the Florida Bar and typically range from 33⅓% for pre-suit settlements to 40% if a lawsuit is filed. We explain our fee structure fully during your consultation so there are no surprises. We also cover all case expenses up front — investigation costs, expert fees, filing fees — and are reimbursed from the settlement only if we win.

Recoverable damages fall into two categories. Economic damages are calculable losses: past and future medical bills, lost wages, lost earning capacity, and property damage. Non-economic damages compensate for things that don't have a price tag but are real: pain and suffering, mental anguish, loss of enjoyment of life, loss of consortium, and disfigurement. In rare cases involving egregious conduct, punitive damages may also be available.

There is no fixed formula. Pain and suffering damages are assessed based on the severity and permanency of your injury, the nature of the physical pain experienced, the duration of recovery, the impact on your daily activities, relationships, and quality of life, and — in litigation — what a jury in your jurisdiction is likely to award for comparable injuries. We present your story in a way that brings these human impacts to life for insurance adjusters and juries.

Generally, compensatory damages for personal physical injuries are not taxable at the federal level under IRS rules. However, certain portions — such as punitive damages or amounts allocated to lost wages — may be taxable. Tax law is complex and our attorneys are not tax advisors; we recommend consulting a CPA or tax attorney about the specific tax treatment of any settlement you receive.

This is a real challenge in serious injury cases. Options include: pursuing the at-fault party's personal assets; making a claim under your own UM/UIM (underinsured motorist) coverage; exploring whether other parties contributed to your injuries (a property owner, employer, or vehicle manufacturer); and, in some cases, evaluating whether the insurer acted in bad faith by refusing to settle within policy limits — which can expose them to liability beyond those limits.

At settlement, medical bills — including any treated on a lien basis — are paid from the proceeds. We negotiate aggressively to reduce medical liens, including Medicare/Medicaid liens if applicable, which directly increases the net amount you take home. We provide a full, transparent settlement disbursement statement so you know exactly where every dollar goes.

Almost never. First offers are routinely low — sometimes dramatically so. Insurance companies open with low figures to test whether you understand your claim's value and to close the matter quickly before you hire an attorney. Studies consistently show that represented claimants recover significantly more than unrepresented ones, even after attorney fees. Before accepting any offer, at minimum get a second opinion from a personal injury attorney at no cost.

For incidents occurring on or after March 24, 2023, Florida's statute of limitations for negligence claims is two years from the date of the injury. For incidents before that date, the prior four-year statute may apply. Missing the deadline permanently bars your claim — you lose the right to sue, regardless of how strong your case is. Do not wait until you are approaching the deadline.

The same two-year statute applies to car accident negligence claims for incidents on or after March 24, 2023. However, for property damage claims only (not personal injury), a longer period may apply. Wrongful death claims following a car accident also carry a two-year statute running from the date of death. Because limitations periods are highly fact-specific, contact us promptly rather than relying on general rules.

Yes, in limited circumstances. The statute of limitations may be tolled (paused) if: the injured person is a minor (the clock typically starts when they turn 18); the injured person is legally incapacitated; the defendant concealed their identity or fraudulently prevented discovery of the claim; or a criminal proceeding arising from the same event is pending. These are narrow exceptions and should not be relied upon — act as if the two-year clock is absolute.

Texas: The statute of limitations for personal injury claims is generally two years from the date of the injury. Arizona: The statute is also generally two years from the date of injury for most personal injury claims. In all three states we practice in, a two-year window applies to most cases — but the specific facts of your case and the type of defendant (private vs. government) can affect the timeline.

Because evidence has its own — much shorter — deadline. Surveillance footage disappears in days. Witnesses move and forget details. Inspection records get filed or lost. Physical conditions are repaired. The earlier we are retained, the better our ability to preserve and obtain evidence that can make or break your case. Waiting until the last moment to file may preserve your right to sue but can severely compromise the quality of the case we're able to build.

In Florida, the statute of limitations for personal injury claims by minors is generally tolled until the minor turns 18, at which point the standard two-year period begins to run. However, there are exceptions — particularly for medical malpractice and claims against government entities — that impose earlier filing requirements or absolute bars regardless of age. A parent or guardian should consult with an attorney promptly on behalf of any injured child.

In Florida, a wrongful death claim must be filed within two years of the date of the decedent's death. The claim is brought by the personal representative of the estate on behalf of the survivors — typically a spouse, children, or parents. Wrongful death claims are complex and involve specific categories of recoverable damages for each class of survivor. Contact us as soon as possible following the loss of a loved one.