Personal Injury FAQs
I may need a lawyer. What types of personal injury cases does your law firm handle?
How do I file a personal injury claim?
What is contributory negligence?
I slipped, fell and broke my arm at a department store. Am I entitled to damages?
How much money can I get in a personal injury claim?
What is a class action lawsuit?
Is there a time limit for filing a personal injury claim?
What is a wrongful death lawsuit?
When would I need a personal injury lawyer?
I may need a lawyer. What types of personal injury cases does your law firm handle?
The Law Offices of Chalik & Chalik handles the following types of personal injury claims:- Asbestos Injuries & Mesothelioma
- Car Accidents
- Dog Bites
- Injuries to Children
- Medical Malpractice
- Medical Misdiagnosis
- Medication Errors
- Motorcycle Accidents
- Nursing Home Abuse
- Premises Liability
- Prescription Drug Negligence
- Product Liability
- Surgical Mistakes
- Truck Accidents
- Work Related Claims
- Workers’ Compensation
- Wrongful Death
How do I file a personal injury claim?
First, your personal injury lawyer must be able to prove
that you have been injured – either physically or
emotionally. He will also need to prove that another
party is responsible for your injury.
If you have been seriously injured by someone else’s negligence, an experienced personal injury can help to evaluate the circumstances in which you were injured, scrutinize the role of negligent parties, identify any third parties that may have played a part in your injury, and provide professional advice about your legal options.
Contact an experienced Chalik & Chalik Law Offices personal injury attorney today to find out if you have a personal injury case.
What is negligence?
Negligence is the failure of a person to exercise
reasonable care in a situation that causes or
contributes to an accident. For example, tailgating –
following a car too closely – is considered negligent
behavior. If the car in front of you brakes suddenly and
you hit that car, you are at fault.
What is contributory negligence?
Contributory negligence means that you have somehow
contributed to the injury you have suffered. Yes, the
other person was at fault, but you also failed to
exercise reasonable care in the situation that caused
your injury. For example, if you and a friend are drag
racing down the street, and your friend’s car crosses
into your lane and crashes into yours, causing you
bodily injury.
I slipped, fell and broke my arm at a department store.
Am I entitled to damages?
Possibly. Your lawyer must first prove that the
department store either created the hazardous situation
or had previous knowledge of it and failed to respond
appropriately. If your personal injury attorney can
prove this, the amount of your "award" will be directly
related to your injury, medical costs and loss of
income. However, any contributory negligence may
eliminate your ability to recover damages
How is negligence determined?
There are five elements that must be present for a
determination of negligence:
- The defendant failed to provide reasonable care in the situation.
- There was a breach of duty between the defendant and the victim.
- The victim suffered an injury.
- The defendant should have known what would occur based on the circumstances, i.e. “forseeability”.
- Damages resulted from the negligence.
How much money can I get in a personal injury claim?
There are two types of personal injury damages that can
be awarded as compensation in a personal injury lawsuit.
- Compensatory damages: When your personal injury attorneys prove your case at trial or settle your case with opposing counsel, you are usually awarded compensatory damages. Compensatory damages are meant to compensate the victim for the injuries he/she suffered in the accident, and cover costs such as medical bills and lost wages.
- Punitive damages: Punitive damages differ from compensatory damages in that punitive damages are awarded to punish the perpetrator of the personal injury, not compensate the victim of the personal injury. The goal of punitive damages is to convince the defendant to change his/her harmful behavior by punishing the defendant economically. Punitive damages are not awarded in every personal injury case.
What is a class action lawsuit?
A class action suit may occur when many different people
combine their similar complaints to sue. This saves
court time and allows a single judge to hear all the
concerns at the same time, and come to one settlement
for all parties. If the court agrees to certify the
complaints as a class action, all class members should
have equal say and rights to any monies or remedies
ordered by the court.
Is there a time limit for filing a personal injury
claim?
Yes. It’s called a statute of limitations -- a time
period within which legal action must be brought. In
Florida, the statute of limitations for filing a
personal injury claim is 4 years. If the lawsuit or
claim is not filed before the statutory deadline, the
right to make a claim is typically null and void.
There are different statutes of limitations defined for each type of personal injury claim. Different timelines apply to negligence cases v. professional malpractice claims; property damage v. wrongful death lawsuits; medical malpractice claims v. pharmaceutical litigation cases.
To obtain more details regarding statutes of limitations that may apply to your case, consult with an experienced personal injury lawyer at Chalik & Chalik Law Offices.
What is a wrongful death lawsuit?
The idea behind a wrongful death lawsuit is that the
wrongful death, in addition to injuring the person who
died, also injured people who depended upon the deceased
for financial or emotional support. The wrongful act may
be:
- A negligent or careless act such as careless driving.
- A reckless act.
- An intentional act such as a deliberate murder.
Almost every state, including Florida, has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as the result of a wrongful act.
After my accident, an insurance adjuster said he wants
to settle, and that I would not need a lawyer. Is this
true?
The adjuster works for the insurance company, to protect
its interests. Your personal injury attorney will work
for you, to protect your rights. The insurance company
has one goal, and that is to settle your case for the
least amount of money possible. What may seem like a
fair offer to you could fall far short of the amount of
money you may be entitled to. It is always a good idea
to consult with an experienced personal injury lawyer
before agreeing to any settlement with your insurance
company. Contact Chalik & Chalik Law Offices today to
discuss your case.
When would I need a personal injury lawyer?
When you have been injured and need someone working in
your best interests.
A personal injury lawyer is focused on providing you with professional legal representation to obtain the maximum amount of compensation for your injuries, consistent with the nature of your injuries and losses. An experienced personal injury attorney will investigate the circumstances in which you were injured, identify all negligence parties, interview any witnesses, and define a strategy to hold accountable those responsible for your injury. Additionally, a lawyer can investigate all sources of recovery and ensure that your medical expenses are submitted to the proper source for payment.
You need a lawyer working for you to protect your rights.
For more information, please see our Personal Injury page.
