Question 1

How Much Do Insurance Companies Pay for Pain and Suffering?

Accepted Answer

How much insurance companies pay for pain and suffering varies from organization to organization. Some insurance companies have mathematical formulas for calculating this damage, while others use a “per diem” method.
Some elements that could factor into your potential for compensation include:

The severity of your injuries
The cost of your economic damages
Who is responsible for your losses
How you were injured
The willingness of the insurance company to settle

Working with a personal injury lawyer can help you calculate the cost of your economic damages, which will be used to estimate the value of your pain and suffering. Additionally, they can negotiate with the insurance company for a fair settlement offer that represents the scope and severity of your losses.
Determining What Insurance Companies Pay for Pain and Suffering
As we mentioned before, each insurance company has a different way of calculating expenses related to pain and suffering.
Here are two methods that could be employed in your case:
The Multiplier Method
In the multiplier method, the insurance company assigns a digit (commonly from one to five) based on the cost of your economic damages. After adding up the cost of your economic damages, they will multiply that amount by the selected digit. The answer will give the insurance company an idea of what your pain and suffering related damages are worth. However, there is no guarantee that you will get that amount nor that your insurance company will even use that formula.
A personal injury lawyer can handle all communications with the insurance company and determine how much they calculate the cost of pain and suffering.
The Per Diem Method
Another approach of valuing your compensation is by use of the “per diem” method. This option uses the concept of maximum medical improvement (MMI), which is based on when you fully recover from your injuries. Let’s look at the following scenario to learn more about the per diem method. Let’s say that somebody got into a car accident and broke their leg. The per diem method would begin running from the date of the collision because that is when the claimant was injured.
The insurance company might say that each day spent in recovery is worth a flat amount of $100. For the claimant to reach MMI, meaning that their injury is completely healed, it could take two months. The insurance company would multiply the days spent in recovery with the $100 amount to reach a value for pain and suffering. Again, not all companies use this strategy, nor is it guaranteed you will recover that full amount.
Damages Included in Pain and Suffering
According to the Legal Information Institute (LII), pain and suffering is meant to compensate you for the physical or emotional distress stemming from your accident. Pain and suffering is viewed as a noneconomic damage, meaning that its value cannot be calculated with invoices or receipts.
Some examples of damages that constitute pain and suffering include:

Emotional distress
Disability
Disfigurement
Dismemberment
Reduced quality of life
Loss of consortium
Loss of household benefits and parental guidance

Some states have statutory caps, meaning that the state places a limit on what you can recover for noneconomic damages. The Florida Bar notes that Florida only does this in some medical malpractice cases. That means, in your case, there could be no limit to what amount you can pursue for pain and suffering following an accident.
What a Lawyer Can Do for You
Your lawyer is meant to serve as your legal advocate while you are pursuing compensation following an accident. Not only can they give you more detailed information on how insurance companies pay for pain and suffering, but they can also work to promote your case’s success.
A lawyer can:

File your case to the appropriate offices
Collect evidence to support your claim
Interview witnesses and consult with third-party field experts
Handle all communications with the involved party
Negotiate for a settlement that compensates you for your losses
Take your case to court, if necessary

In Florida, under Florida Statute §95.11, you generally have four years from the date of your accident to take your case to court. Your lawyer can examine the details of your claim and share how the state’s statute of limitations applies to your case.
Call Chalik & Chalik Injury Lawyers Today
At Chalik & Chalik Injury Lawyers, we understand the impact that a personal injury can have on your quality of life. When you call us today, we can answer any questions you have regarding damages for pain and suffering. To get started with a free case review, call us today at (855) 529-0269.

Question 2

What Qualifies as Pain and Suffering?

Accepted Answer

Pain and suffering are legally used to describe both the emotional and physical injuries a victim sustains after an accident. Any significant physical, emotional, and psychological anguish you undergo after an accident qualifies as pain and suffering, which are eligible for compensation.
What Physical Pain and Suffering Consists Of
Typically, you can categorize pain and suffering as physical or emotional. Bodily Injuries that arise after an accident may be considerably agonizing and last for months or years. Physical pain and suffering injuries include present discomfort and the harmful effect of the accident on your life in the future.
Physical pain and suffering includes:

Paralysis and dislocated joints
Back and neck pain
Traumatic brain injury
Pulled or strained muscles and nerve damage
Internal organ damage
Broken or fractured bones

According to the American Association of Neurological Surgeons (AANS), some of these injuries, such as traumatic brain injury, can be long-lasting or permanent, leaving you with persistent physical pain.
If it is your first time filing a claim, you may not know how to value your request. When not appropriately evaluated, some injuries can lead you into serious debt—after you exhaust your compensation before completely healing.
What Emotional Pain and Suffering Consists Of
Emotional pain and suffering can be byproducts of bodily injuries after an accident. In other words, they are negative emotions that you suffer after enduring the trauma and physical pain following an accident.
The mental injuries that can be caused by emotional pain and suffering include:

Humiliation
Psychological trauma
Fear and anxiety
Loss of enjoyment of life
Grief
Anger
Shock

Severe mental pain and suffering such as post-traumatic stress disorder, depression, insomnia, and mood swings can also be classified as emotional pain and suffering.
You May Be Able to Pursue Loss of Consortium
A personal injury accident can also result in the death of your loved one. In such cases, you or any other family member can bring a wrongful death claim to hold the at-fault party accountable. You may have the legal right to receive reparation for the deceased's medical expenses, lost wages, and loss of companionship or consortium.
Due to the grief and mental anguish of losing a loved one, the court or insurance company can award victims reimbursement for the pain and suffering the loss of their departed kin caused them.
Loss of consortium often includes the loss of things such as:

Spousal intimacy
Parental guidance and care
Love and affection
Companionship
Household services

A Lawyer Can Calculate the Value of Your Pain and Suffering Claim
Every personal injury case is unique, so the valuations of the damage depend on the circumstances and evidence. However, there are two main ways of calculating pain and suffering—the multiplier and per diem methods.
Multiplier Method
This method involves adding up the actual damages (for example, loss of income, medical expenses, therapy expenses, etc.) and multiplying the total by a certain number. The number (multiplier) typically ranges between 1.5 and 5.
The factors that affect the value of a pain and suffering claim include:

The credibility of the injuries
The consistency of the plaintiff's testimony
The sensibility of the plaintiff's claims, diagnosis, and injuries
Whether the plaintiff is exaggerating their condition
Expert witness testimonies that validate a plaintiff’s condition

Per Diem Method
This method involves allocating a particular dollar amount to days from the day of the injury to the day your loved one's condition reached a stage it can no longer progress.
However, the at-fault party's insurance company might have its own way of determining pain and suffering. And the method that the insurers use may not be in the interest of the plaintiff. To protect your claim, seek the help of a lawyer to handle negotiations with the insurance company and to ensure the insurance company’s methods of valuingyour losses are fair.
How to Prove Your Losses
Evidence and documentation can support your claim to establish both physical or emotional distress and suffering. There are several types of standard pieces of evidence, such as:

Photographs
Doctor's reports
A personal journal recording your pain
Medical evidence
A mental health counselor or therapist's notes

If you can attach evidence to your claim, you can convince the insurance company, jury, or judge that the injury indeed caused your loved one pain and suffering.
In most cases, suing for compensation is the last thing on people's minds when they are still recovering from injuries or grief. Therefore, a personal injury lawyer will handle the case on your behalf while you focus on your mourning and recovery.
Contact Chalik & Chalik Injury Lawyers
If you suffered an injury that qualifies as pain and suffering, reach out to Chalik & Chalik Injury Lawyers. We will help you to determine the extent of your injuries and their connection to your wrongful death or personal injury case. Call us at (855) 529-0269 for a consultation. We can also inform you if any timeline imposed by § 95.11 of the Florida Statutes pertains to your case.

Question 3

Can I Sue if I Was a Passenger in a Car Accident?

Accepted Answer

You can sue if you were a passenger in a car accident. You can sue your driver, the driver in the other vehicle, or both when you sustain injuries as a passenger in a car crash. Typically, your claim depends on the party at fault, the type of accident, and the extent of your insurance coverage.
Car accidents can cause many forms of injuries to passengers, including:

Fractured bones and loss of limbs
Severe spinal cord injuries
Head, neck, and back injuries
Whiplash
Paralysis
Wrongful death

We Will Help You Establish Liability for Your Passenger Car Accident Claim
A car accident claim can be confusing. While many passengers file a third-party application, very few are aware that they can also file a first-party insurance claim. If you are unsure of who to hold accountable for your injuries, a lawyer will offer legal guidance on what to do in such a situation.
Passenger insurance claims can bring different types of insurance plans into play. Some potential at-fault parties include:

The local authority if a poor road design, poorly staged construction site, improper road repairs, faulty streetlights, or pothole caused the accident
Vehicle manufacturer if a vehicle malfunction is to blame for the accident
The owner or driver of the car in which you were traveling
The driver or owner of the other car
Your auto insurance

The Florida Department of Highway Safety and Motor Vehicles (HSMV) affirms that the law vehicle owners must have Personal Injury Protection insurance to protect passengers in car accidents.
What You Need to Know About Third-Party Insurance Claims
A third-party claim is usually filed against the insurance company of the other driver. In other words, the insurance company representing the negligent party will pay for the injuries resulting from the accident.
If both drivers had the same degree of negligence, you could seek compensation from both insurance companies. However, when one driver's insurance company compensates you adequately, you cannot claim compensation from the other driver's policy. Protection aims only to repay you for the damages you sustained.
How Your Personal Health Insurance May Be Relevant
In most cases, your auto insurance can pay compensation if the policy covered the individual behind the wheel when the accident occurred. Your plan can also offer benefits if the other driver's insurance coverage is insufficient.
Personal health insurance pays for your medical bills and other emergency expenses after the accident. However, you will still need to claim compensation from the at-fault parties.
As such, you will have to factor in the expenses you have already incurred in the claim against third parties. The costs that your insurance will have paid will be deducted from the value of the settlement.
Damages You May Be Able to Recover
There are some commonalities in all personal injury cases. A passenger injured in a car accident can claim damages such as:

Medical expenses—including medication, visits to the doctor or pharmacy, therapy, and mobility equipment
Loss of income (the inability to work presently and in the future)
Care expenses
General damages for pain and suffering, and physical injuries
Loss of consortium and companionship
Cost of home renovations for conditions like paralysis

If the At-Fault Party Is a Family Member
In many car accidents, the driver and the passenger are not strangers. They could be friends or close family members. As an injured party, you might be reluctant to sue someone if a claim has the potential of ruining a relationship with a loved one.
Unless your family member or friend does not have valid insurance, you do not need to fear filing a claim against them. The suit has nothing to do with your relationship, as they will not be paying out-of-pocket. Their insurance company will pay the claim.
However, your family member's insurance rates can increase after the accident due to their responsibility for the crash (and not your injuries). This would still happen regardless of whether you received the compensation that you deserve, however.
We Will Help You File a Third-Party Claim
After the accident, try to obtain insurance information from all involved drivers. Also, take photos of the accident scene and record witness statements. Do not forget to get a copy of the police report, as it is a vital component for filing a compensation claim.
Seek immediate medical attention and safely keep the medical statements and receipts as proof of your injuries. All these measures will strengthen your case as you file your claim through the help of a lawyer.
Chalik & Chalik Injury Lawyers Can Help You Today
If you are in Florida, you do not need to prove that a driver was negligent to recover your medical expenses when filing a compensation claim. However, seeking the help of a lawyer when you were a passenger in a car accident puts a lawyer on your team to fight for fair compensation for you while you recover.
At Chalik & Chalik Injury Lawyers, we are ready to walk with you through your quest for justice. Call us at (855) 529-0269 for a free consultation. Retain a lawyer to learn about all options before you sue. Call now, as you may have four years to take legal action under § 95.11 of the Florida Statutes.

Question 4

What Is a Major Cause of Death in Motorcycle Accidents?

Accepted Answer

Head injury is a major cause of death in motorcycle accidents. The Insurance Information Institute reports that helmets save the lives of many motorcyclists and that universal helmet use by motorcycle operators and passengers could save hundreds of more lives every year.
A Traumatic Brain Injury Can Cause Death After a Motorcycle Accident
A traumatic brain injury (TBI) is damage to the brain that results from trauma, like a motorcycle accident. The symptoms of a TBI can appear right away or develop over several days or even weeks after the accident.
Many TBI symptoms do not indicate the injury’s severity. Whether one has a mild or severe TBI, it is always a good idea to seek prompt medical attention for a head injury after a motorcycle accident. What feels like an insignificant bump to the head could cause a brain hemorrhage that can lead to permanent damage to brain tissue. If left untreated, brain damage can be fatal.
Mild Traumatic Brain Injury
When people have a mild TBI, they experience temporary dysfunction in the way their brain cells work. They might pass out briefly, or they might feel disoriented without losing consciousness. A head injury can also make a person with a mild TBI hypersensitive to sound and light.
Headaches are common with all levels of TBI, as are nausea and vomiting. The headaches could fade away after a few weeks or continue for years.
Sleep issues are also common. People with mild TBIs might feel drowsy all day, not be able to fall asleep, or sleep longer than they usually do. They might feel fatigued despite getting enough hours of sleep.
More Severe Brain Injury From a Motorcycle Accident
People with moderate to severe TBIs can experience the same symptoms as people with mild head injuries. People with more severe TBIs might also have slurred speech or be confused. They could experience personality changes, such as being irritable, aggressive, or simply “not themselves.”
The loss of consciousness is often longer with a more significant TBI than with a mild one. The person could be unconscious for a few minutes to several hours. They might not be able to wake up if they go to sleep. They could fall into a coma or another altered state of consciousness.
With more severe brain injuries, people can experience seizures. The pupils of their eyes can dilate, either in both eyes or only one. They may have unusual sensations in their fingers and toes, such as numbness or weakness.
Traumatic Head Injury Complications That Can Occur After a Motorcycle Accident
Some people recover reasonably well from head injuries, but many patients are not so lucky. Complications can impact a person’s quality of life permanently.
Degenerative Brain Disorders
When a person sustains multiple brain injuries or one severe head trauma, they might have a higher risk of developing a degenerative brain disease. Some of the degenerative disorders linked to brain injury include:

Parkinson’s disease
Alzheimer’s disease
Dementia pugilistica, which occurs after experiencing multiple blows to the head and is common among boxers (according to the Cleveland Clinic)

Degenerative brain disorders can appear years after the traumatic head injury occurred. The patient can lose brain function, like memory, thinking, and controlling movement.
Personality Changes
People often complain that, after a severe head injury, they no longer “know” their loved one. The injured person might behave like a different person than before. Radical mood swings, uncontrolled anger, irritability, and depression are hallmarks of the personality changes many people go through after head trauma.
Changes in Sensation
Because the brain is, in essence, the control center for the body, disruption to brain tissue can cause sensory issues, like:

Dizziness
Difficulty with balance
Double vision
Frequent ringing in the ears
Struggles with hand and eye coordination
Disturbances of the sense of taste or smell

Some of these complications go away eventually, but some people suffer from these problems for years.
Cognitive Issues
A significant head injury can impair a person’s ability to think, maintain attention, reason, learn, and remember. Executive functions like planning, problem-solving, organizing, and multitasking can be a challenge.
Medical Complications
After a traumatic brain injury, a person can develop seizures, either immediately after the accident or years later. Vertigo and frequent headaches are common after a TBI. If the cranial nerves get damaged as part of the TBI, facial paralysis or numbness can happen as a result. Blindness, hearing loss, and difficulty swallowing can be a consequence as well.
States of Consciousness
Some of the most drastic complications of TBI include altered states of consciousness. A head injury from a motorcycle can cause a person to be in a coma, vegetative state, minimally conscious state, or fall victim to brain death.
How to Get Legal Help After a Motorcycle Accident
At Chalik & Chalik Injury Lawyers, clients get to work directly with the partners. We value you and treat you like family. Our clients receive personal, hands-on service.
We handle these cases on a contingent fee basis, which means that you do not have to pay upfront attorney’s fees. Our attorney’s fees will come out of the settlement proceeds or award at the end.
You can call us today at (855) 529-0269 to get started.

Question 5

Is Pain and Suffering Separate from Medical Bills?

Accepted Answer

The cost of your medical bills and the financial value of your pain and suffering are two separate parts of an insurance claim or personal injury lawsuit. If you are injured in a car crash, trip and fall accident, or any other type of accident, you can collect compensation from the person responsible for the accident and your injuries. You could also be eligible for additional compensation for your pain and suffering. Both forms of compensation are two different parts of a personal injury claim called economic and noneconomic damage.
You Are Entitled to Compensation for Economic and Noneconomic Damage
According to the American Bar Association, personal injury claims can pay for two different types of damages: economic and noneconomic.
Economic damages are usually obvious and might typically include:

Medical bills, including emergency care, hospitalizations, and assistive medical devices
Loss of income for the time you cannot or could not return to work due to your accident-related injuries
Property damage for your vehicle if it was damaged or destroyed in the accident

According to Florida Statute 627.737, a person injured in an accident can also receive a monetary award for their noneconomic damages. Noneconomic damages typically include:

Inconvenience caused by your injuries and their necessary treatments
Pain and suffering or mental anguish in the aftermath of the accident
Physical disfigurement that can include unsightly, severe, and permanent scars
Permanent disabilities, including the loss of a limb and partial or complete loss of a bodily function

Defining different types of damage can be a complex process. Consult a law firm near you for a complete explanation of your specific economic and noneconomic damages. A lawyer can also provide understanding and guidance while assigning a monetary value to your noneconomic damages.
Assigning a Financial Value to Your Pain and Suffering
Every accident claim will have its own set of circumstances. Just as your lost income might be higher or lower than another accident victim, your claim for financial compensation due to pain and suffering will not be the same as any other case of pain and suffering.
Because every accident case is different, there is no exact formula for deciding the value of your pain and suffering. According to Florida Standard Jury Instructions in Civil Cases, any monetary amount you receive for pain and suffering “should be fair and just in the light of the evidence.” The jury instructions describe the elements for valuing pain and suffering in personal injury and property damages as “injury, pain, disability, disfigurement, [and] loss of capacity for enjoyment of life.”
On your own, identifying those individual components and assigning a total financial value to the elements of your personal injury claim can be difficult. A lawyer in your area can help you determine the value of your pain and suffering. Your lawyer can also advise you not to accept a settlement if it does not fully cover the noneconomic cost of your accident, its resulting injuries, or the impact of the mental anguish from the accident.
The Role of a Lawyer in Your Claim for Pain and Suffering
When an accident leaves you with physical injuries and emotional scars, it can be difficult to know exactly what to do. After you receive initial medical treatments and your injuries have been stabilized, you should consider contacting a law firm. A personal injury lawyer can support your compensation claim by:

Accurately valuing your economic and noneconomic damages
Helping you collect paperwork, documents, and photos that prove your claim
Identifying and interviewing witnesses to the accident that caused your injuries
Negotiating with the at-fault party’s insurance provider for a settlement
Pursuing the at-fault party in court if a financial settlement cannot be reached

A lawyer can provide guidance, direction, and advice in your pursuit of financial compensation. Your personal injury lawyer will also act as your advocate and can start to build your compensation claim while you focus on your physical recovery.
Collect Financial Compensation for Your Pain and Suffering
If you or a family member was injured in an accident that was not your fault, you might be able to hold the at-fault party responsible for your injuries and medical bills. In addition, you might be eligible to hold the at-fault party responsible for payment to compensate you for your pain and suffering.
When you are ready to explore the full range of your financial compensation options, call the office of Chalik & Chalik Injury Lawyers at (855) 529-0269 to speak to a member of our team after the accident as soon as possible.

Question 6

What Is a Recorded Statement and Should You Give It to Your Insurance Company After a Car Accident in Florida?

Accepted Answer

In personal injury law, a recorded statement is a video or audio interview, often taken by an insurance adjuster, detailing a car accident. The interviewer may ask about the moments leading up to the crash, what you saw, and what you did.
The moments after a car accident can be painful and disorienting. They may approach you onsite, or even days or weeks later, and asked to give a recorded statement about the accident. Before agreeing to a recorded statement, please contact a car accident lawyer in Florida.
If you were involved in a Florida car accident, the team at Chalik & Chalik Injury Lawyers is here for you. We are dedicated to protecting the rights of Florida car accident victims. Call our team today at (855) 529-0269.
3 Reasons You Should Not Give a Statement to The Insurance Company
You may be wondering—if you have done nothing wrong, what harm is there in giving a recorded statement? Here is why we do not recommend providing a recorded statement until you have sought legal help.
You Are Not Required to Give a Statement to The Insurance Company
The insurance company may try to say a recorded statement is required for your accident claim to be processed. However, there is currently no Florida law requiring you to give a recorded statement to an insurance company.
The insurance company—even your own insurance company—is not looking out for your rights. It is in their best interests to pay less and will use every angle they can find to pay you less than you deserve.
Your Statement May Be Used Against You
After an accident, you may be flustered, in pain, or even in shock. You may make statements that contradict the police report, or you may mention theories (“I thought they pulled out first, but maybe not…”). Insurance adjusters are skilled interviewers and may try to trip you up. Any statement you make can then be held against to reduce your claim.
There is No Reason to Establish Fault for Minor Accidents
Florida is a no-fault state when it comes to car accidents. This means for minor car accidents, your insurance pays your damage, and the other driver’s insurance pays for their damages. In most car accidents, there is no reason to establish fault, and therefore no reason to give a recorded statement.
If you are involved in a car accident, you should speak to an attorney who has your best interests in mind. Call Chalik & Chalik Injury Lawyers at (855) 529-0269 for a free case evaluation.
What to Do After a Florida Car Accident
Even a minor car accident can be a frightening and disorienting experience. Here are the steps you should take to ensure the safety of all parties and protect your legal rights.

Ensure everyone’s safety. Move cars from the roadway and stay several feet away from moving traffic.
Call 911 for emergency medical care if anyone is injured or seems unusually disoriented or dazed. Head and spine injuries do not always present obvious signs.
Take photos of the crash site, including skid marks if you can safely do so. Use a smartphone to take down notes of what you remember of the accident.
Only speak to law enforcement personnel, avoid discussing the accident with other victims or representatives from an insurance company. Do not give a recorded statement at this time.
After you have sought medical care, consider contacting a car accident lawyer to understand your legal rights.

Contact a Car Accident Lawyer in Florida at Chalik & Chalik Injury Lawyers
If you sustained injuries in a Florida car accident, do not sign or give a recorded statement to the insurance company before speaking to a lawyer. The insurance company is looking out for their bottom line—not your rights.
At Chalik & Chalik Injury Lawyers, we offer hands-on, personalized legal care. You will work directly with Jason and Debi Chalik, not firm associates. Direct, individualized legal counseling helps us better understand your case and fight harder to protect your legal rights.
Contact our firm to get information about your case and find out your legal options. We offer all Florida car accident victims a free case evaluation. Call (855) 529-0269 today.

Question 7

Why the Location of a Slip and Fall Accident Is Important

Accepted Answer

The location of a slip and fall accident is important because property owners owe different levels of responsibility to those victims who suffer injuries due to an accident on their property. Business property owners, personal property owners, and government entities who own property all have different duties of care and obligations to victims who suffer injuries from slip and fall accidents on their property.
Business Owners Have a Legal Duty to Maintain Safe Premises
If a business opens to the public, they are required to maintain their property in a safe condition. If a slip and fall accident occurs at a grocery store, department store, or another business establishment, the property owner may be liable and responsible for any injuries or losses suffered by a victim due to a dangerous or hazardous condition.
Property owners are required to ensure their property, sidewalks, and parking lots are free from hazards that may cause injury to customers. Inside the store, property owners are required to ensure patrons do not fall due to poor lighting, debris in the walkways, or spilled liquids that may make the floors slippery. Even if a property owner did not directly create a hazardous condition, if they knew (or should have known) about the dangerous condition and failed to warn their customers or remove the danger, they may be liable for the injury suffered from a slip and fall accident.
Obvious Hazards May Not Make a Property Owner Liable
In some cases, there are certain dangerous conditions so obvious that any customer should have taken reasonable steps to avoid the unsafe area. If there is a large display or water fountain in the middle of a walking area, a reasonable person would have taken actions and used reasonable caution to protect themselves from such an obvious item.
Customers and patrons are not allowed to hold a business owner responsible for every possible accident that could occur, especially those a reasonable person would have avoided. A lawyer can help victims determine whether they can pursue a property owner for damages.
People Injured on Private Property Can Pursue the Owner
Another reason why the location of a slip and fall accident is important is in most cases, a private property owner has a legal obligation to guests (legally known as licensees) to ensure their property is maintained in a safe, hazard-free condition. If a guest of a private property owner slips and falls—depending on circumstances—the property owner may be liable if there was a dangerous and hazardous condition they either failed to warn their guest about or failed to address to ensure no injuries occurred. In these cases, the court will look to see if the property owner knew (or should have had reason to know) there was a hazardous condition on their property that could have led to a slip and fall accident causing injury.
Trespassers Cannot Pursue Property Owners for Damages
No matter the location, a business or private property owner has no duty or obligation regarding unsafe conditions on their property to an illegal trespasser (as stated in FL § 768.075). If a person does not have the legal right to be on a property, they cannot file a claim against the property owner for any injuries or losses suffered from a slip and fall accident.
There are some exceptions to this rule, including the attractive nuisance doctrine, which states if a property owner has something on their property that would attract small children—such as a swimming pool—and a child is injured on the property due to failure to keep the area locked, the property owner may be liable for injuries or losses.
Government Property
If a slip and fall accident occurred on government property, there is a strict deadline (known as the statute of limitations) that requires an injured person to file a claim or lose their legal right to compensation for injuries. In Florida, victims have three years under FL § 768.21(6)(a). Additionally, many government entities only allow a certain amount of compensation (called caps) for victims of slip and fall accidents on government property. If you suffered injuries due to a slip and fall accident on government property, there are complex steps you will need to take to ensure your legal rights are protected.
Contact a Slip and Fall Injury Lawyer
Where a slip and fall accident occurred directly impacts a victim’s ability to obtain compensation for injuries and losses. If you suffered injuries or losses related to a slip and fall accident on a business, residential, or government property, contact Chalik & Chalik Injury Lawyers at (855) 529-0269.
We can help you understand your rights and build a personal injury case—no matter where your injuries occurred.

Question 8

What Happens If You Are A Passenger In A Car Accident?

Accepted Answer

If you were a passenger in a car accident in Florida, you have several options for financial recovery including:

Pursuing the at-fault driver and his insurance company
Pursuing the driver of the car in which you were you were riding and his insurer
Pursuing your own insurance policy’s PIP protection

You should have your accident-related expenses paid. A lawyer in your area can help you understand your financial compensation options.
What You Need to Know About PIP Insurance Coverage
Every registered vehicle owner in the state of Florida is required to carry PIP insurance coverage under Florida Statute § 627.736. If you are a passenger in a vehicle involved in a collision, PIP coverage will cover your expenses up to its maximum coverage limit. In Florida, PIP’s minimum $10,000 limit will cover:

Accident-related medical bills
Lost wages if you are unable to work
Disability benefits
Death benefits

PIP has certain timelines that must be met in order to qualify for coverage for your accident-related expenses. To receive compensation from your PIP insurance coverage, you must seek medical attention within 14 days of your injuries and request compensation within 35 days—under Florida Statute § 627.736(1)(a) and Florida Statute § 627.736(2)(c), respectively.
Pursuing the At-Fault Driver for Your Injury Expenses
If you were the passenger in a vehicle collision, the driver who caused the accident (or his insurance company) can be held financially responsible for your injuries. The injuries you can collect compensation for include:

Medical bills
Lost income
Pain and suffering

Like all registered vehicle owners in Florida, the at-fault driver should have PIP insurance coverage. If your expenses exceed their PIP coverage maximum, you may be able to recover your remaining expenses from the at-fault driver.
Collecting Compensation From Your Driver’s Insurer as a Passenger
What happens when you are a passenger in a car accident can vary depending on who was driving the car in which you were riding. If you are riding in a car with a friend or family member, you can have your medical expenses paid by the vehicle owner’s PIP insurance—even if someone else was driving the car at the time of the collision.
If you were a passenger in a rideshare vehicle, the rideshare company will have insurance protection that covers your accident-related expenses and losses (under certain circumstances).

Lyft’s coverage provides up to $100,000 of coverage from the time your ride is accepted
Uber’s insurance protection will cover up to $100,000 of expenses during your ride

As a passenger who is involved in a car accident, knowing where to assign liability can be confusing. A lawyer in your area can help you determine the right party to pursue if you were injured while riding in someone else’s car.
Pursuing PIP Protection From Your Insurance Company
If you own a vehicle that is registered in Florida, you are required to have PIP insurance coverage. If you are enjoying a road trip with a friend, family member, or colleague, and you have PIP coverage in place, your insurance carrier may cover your injuries. Each of the other drivers will be covered by their PIP insurance.
Collect Documents to Support Your Injury Claim
If you were injured in the car accident, a crash report is mandatory under Florida Statute § 316.065(1). In addition to a copy of the crash report (after you are injured in a car accident), you can collect and compile documents and other evidence that support your injury claim. These documents can include:

Pictures of your injuries
Medical records and bills
Crash report

If possible, take pictures of the vehicle damage—especially the damage to the side of the car on where you were sitting. Collect important documents, then contact a law firm as soon as possible because your time to file a claim in Florida is generally limited to four years from the date of the accident under Florida Statute § 95.11(3)(b).
You Have Rights as a Passenger in a Car Accident
If you or a family member were a passenger in a car accident, you have many of the same rights as the driver you were riding with. That means you may also be entitled to financial compensation for your injuries and injury-related expenses. Call Chalik & Chalik Injury Lawyers at (855) 529-0269 to speak to a member of our intake team to discuss your passenger rights, where to assign liability, and your financial recovery options.

Question 9

Is it Illegal to Drive a Motorcycle Without a Helmet in Florida?

Accepted Answer

The answer to this question is both yes and no. Florida law generally requires protective headgear for motorcycle riders, but the statutes include exceptions to the rule.
Florida’s General Rule for Motorcycle Helmet Use
Florida Statute § 316.211 prohibits people from driving or riding on a motorcycle without a motorcycle helmet. The headgear must meet the federal standards of the U.S. Department of Transportation (USDOT).
If a person wants to wear non-mainstream headgear while operating a motorcycle, he should make sure the item is compliant. USDOT is supposed to maintain a list of approved motorcycle helmets.
Motorcyclists must also fasten the head protection device securely. Merely placing the helmet on the head without properly fastening the straps is not sufficient to comply with the law.
Additional Required Equipment for Motorcyclists
Wearing an approved helmet does not, by itself, satisfy the equipment requirements of the Florida statutes for motorcycle riders. The person who operates the motorcycle must also wear eye protection that complies with USDOT standards. Ordinary sunglasses are not sufficient.
When driving a motorcycle, things like insects, dust, and road debris could strike the motorcyclist’s eye, causing an emergency. The motorcycle driver can experience the inability to see (for at least the short-term). In this dangerous situation, the risk of a crash increases, putting the motorcycle rider and other people on or near the roadway in harm’s way.
What You Need to Know About Helmet Laws for Children
Florida law requires all minors to wear helmets when operating or riding on motorcycles. Also, young adults must wear properly-fastened compliant head protection for several years after reaching the age of majority.
Everyone who is 15 years or younger must wear compliant head protection when driving or riding on a moped. Florida Statute § 316.211(4) does not provide any exceptions to this rule.
How Some Adults Can Legally Ride Motorcycles without Wearing Helmets
Beginning at age 22, a person may drive or ride a motorcycle in Florida without wearing a compliant head protection device if he carries the right insurance coverage. Between the ages of 18 and 22, a Florida adult must wear a helmet when riding a motorcycle.
Florida Statute § 316.211(3)(b) allows adults age 22 and older to travel by motorcycle if they maintain insurance that will pay at least $10,000 for medical expenses in the event of a motorcycle crash. This benefit would pay for $10,000 of the motorcyclist’s injury treatments.
One should not assume that $10,000 in medical benefit coverage will pay for all the losses a person might experience from a motorcycle accident. The purpose of a motorcycle helmet is to prevent or reduce the severity of head injuries in these crashes. The medical bills from a motorcycle accident head injury could far exceed $10,000.
Vehicles to Which the Motorcycle Helmet Laws Do Not Apply
If a person rides inside an enclosed cab, he does not have to wear a motorcycle helmet or protective eyewear. In addition, a person who is 16 years or older can ride certain low-power motorbikes without wearing compliant head protection devices or eye gear.
Florida Statute § 316.211(3)(a) defines these low-power motorcycles as:

Having a 50 cc (cubic centimeter) motor or less, or
Having a rating of 2 brake horsepower or less, and
Cannot travel faster than 30 miles per hour.

Nothing prevents an operator or rider of a motorcycle, moped, low-power motorcycle, or enclosed cab from wearing a helmet and eye protection that complies with federal safety standards.
Motorized Scooters and Micromobility Devices
Florida Statute § 316.2128 treats a person who operates a micromobility device or a motorized scooter the same as someone riding a bicycle. The motorcycle equipment rules do not apply to these small, slow-moving, lightweight vehicles, so riders do not have to wear compliant motorcycle helmets or eyewear.
Getting Legal Help for a Motorcycle Accident
If you got hurt in a motorcycle accident, you might have a right to go after money damages for your losses. The law does not prohibit you from recovering compensation if you were not wearing a helmet, particularly if you fell within one of the exceptions to the helmet requirement.
Chalik & Chalik Injury Lawyers are passionate about helping people who sustain an injury due to the carelessness of others. Our clients can focus on getting better because they know that we are taking care of their legal matters. If we take your case, you will work directly with the partners of the law firm.
We handle personal injury cases like these on a contingency-fee-basis, which means that you do not have to pay upfront legal fees to get our help. You can call us today at (855) 529-0269 for a free, no-obligation consultation.

Question 10

How Does a Personal Injury Lawsuit Work?

Accepted Answer

Understanding how a personal injury lawsuit works can be difficult for the average person. Personal injury lawsuits typically involve a possible consultation with a personal injury lawyer and hiring them to represent you in your case. They will then conduct an independent investigation of your case. After this, a lawyer can guide you through pre-trial litigation, which includes discovery and court appearances, mediation, and either a settlement agreement with the other party or a trial in court.
A Lawyer Can Handle the Process on Your Behalf
Many victims of a personal injury accident consult with a lawyer regarding their case. While a personal injury lawyer is not legally required to receive either a settlement or go to trial, often a personal injury lawyer will be able to provide a professional opinion regarding an individual’s options. In many cases, a personal injury lawyer will work on a contingency-fee-basis, which means that they will not be paid unless and until they win your case and you receive compensation for your injuries and losses.
How the Personal Injury Case Process May Go
There are several steps to a personal injury case once you have made the decision to move forward and pursue compensation for your injuries and losses. Often, injured parties pursue damages from an insurance company representing the person whose negligence directly caused their injuries and losses. The following is a brief overview of the steps in a personal injury case.
Petition for Damages
This legal document details the facts of the personal injury accident that form the foundation upon which a victim believes they are owed compensation (regarding the injuries and losses incurred due to the negligence of the defendant).
Answer to the Petition
The defendant (or the defendant’s insurance company) will respond to all allegations in the petition for damages.
Discovery
This is a lengthy process in which both sides are allowed to obtain both physical evidence and documentation (as well as the testimony of all parties), with respect to the personal injury accident. Discovery will include a request for the production of documents and a request for admissions, as well as sworn testimony from all relevant parties called interrogatories.
Depositions
Depositions are when the parties sit together with a court reporter present to answer questions (under oath) from the opposing side regarding the personal injury case.
Expert Discovery
Depositions of relevant experts are often done at this point in the personal injury case. These can include accident reconstruction specialists, life care planners, physicians, and economists, depending on the facts and circumstances of the case.
Mediation
In many personal injury cases, there will be a mediation process. This mediation process allows both sides to sit down with a neutral third party called a mediator, in an attempt to resolve the case where everyone is in agreement on the final terms and settlement offer. At this point, the victim will extend a final demand and the defendant (or the insurance company representing the defendant) will extend their settlement offers. If there is an agreement, a settlement is reached and there is no need to continue on to a court trial.
Trial
If the parties are unable to reach a settlement agreement, the case will go to trial. A trial happens in a court of law and typically follows a pattern of statements, arguments, jury deliberation, and verdict. Although a victim may win their personal injury case, collecting judgment may take additional work.
Appealing Judgment
In some cases—depending on the circumstances—either the plaintiff (victim) or the defendant will attempt to appeal a decision or judgment by the court, which then requires another legal process. The appellate process is quite different from the original trial process.
Accident Victims Usually Pursue Settlements
Settlements allow a victim to recover compensation for their injuries and losses related to a personal injury accident that resulted from someone else’s negligence, recklessness, or carelessness. In most cases, personal injury cases will settle prior to going to trial. Many personal injury cases settle long before the trial process and preparation begin.
Contact Chalik & Chalik Injury Lawyers
If you were involved in an accident that resulted in personal injuries, you may feel overwhelmed at the process of attempting to receive a fair and just settlement offer from an insurance company. You may not know how a personal injury lawsuit works, or what preparation needs to be done to bring your case to trial.
If you were injured due to someone else’s negligence, contact Chalik & Chalik Injury Lawyers at (855) 529-0269. We provide a free consultation where we discuss your personal injury case. We work on a contingency-fee-basis and will only collect our fees once we win your case.

Question 11

What a Slip and Fall Victim Can Do to Protect His or Her Rights

Accepted Answer

In order to protect your rights after a slip and fall accident, you should:

First seek immediate medical attention
Report the fall to the management of the business establishment
Contact the police
Take photographs of the accident scene, if possible
Obtain witness contact information
Write down your experience of the accident

A slip and fall victim can also protect his or her rights by contacting a slip and fall attorney for assistance and advice.
You Should Seek Medical Attention to Ensure Your Safety
According to the Centers for Disease Control and Prevention (CDC), 20% of all slip and fall accidents result in severe injuries which may include:

Traumatic brain injuries
Concussions
Fractured or broken bones
Internal organ damage or bleeding
Cuts
Bruising
Death

In most cases, the level of severity of the injuries will also depend on the health and age of the slip and fall victim. However, slip and fall cases can cause permanent paralysis, life-long injuries, or temporary or permanent disabilities that make it impossible for a victim to return to work.
Seeking immediate medical attention following an accident protects not only his or her health, but their legal rights as well. If you are evaluated by a medical professional following your slip and fall accident, there will be an established record by a physician indicating their diagnosis, recommended medical treatment, and prognosis regarding your injuries. This medical record can be critical to protecting your legal rights in your slip and fall accident case and can strengthen your testimony when pursuing fair compensation for your injuries.
Report Your Slip and Fall Accident
If you slipped and fell in any kind of a business establishment, you need to report the slip and fall accident to a manager or supervisor before you leave the property. This report creates a record of the slip and fall accident and places the company on notice regarding any slip and fall accident case you may bring (with respect to compensation for your injuries).
According to the National Floor Safety Institute, slip and fall accidents are the leading cause of emergency room visits; if your slip and fall injury is severe enough, you may want to consider contacting the police or an ambulance to take you to receive immediate medical attention at a hospital.
Photograph the Accident Scene
If it is possible for you to do so (or to request someone else to do so), take as many photographs of the accident scene as possible. This is important as it will establish a record regarding the actual condition of the area in which you slipped and fell, such as a wet floor, poor lighting, or any other dangerous or hazardous condition on the property. Additionally, take photographs of your injuries and the clothing and shoes you were wearing.
Oftentimes, a property owner will attempt to transfer liability to you by saying that you were wearing inappropriate footwear that caused the slip and fall accident. Any photographs that can prove that the business establishment was negligent in their duty to provide a safe premises for visitors will help protect your legal rights.
Obtain Witness Contact Information for a Later Interview
If you are able to do so, obtain all names and contact information of any witnesses that were present at the time of your slip, trip, and fall accident. These witnesses can prove invaluable regarding the establishment of liability. They can also ensure that your legal rights are protected by confirming your side of the slip and fall accident story.
Keep a Journal About the Accident and How it Affects You
In many cases, your slip and fall accident injuries may have resulted in substantial pain and suffering. A slip and fall victim can protect his or her rights by making sure to keep a daily journal of all of their pain levels, medication taken, doctor’s visits, and psychological suffering. If there are any daily activities you can no longer perform—such as cooking, cleaning, picking up your children, or returning to work—note those as well.
Additionally, you can include any other accident-related expenses you may have incurred, such as the need for additional transportation to doctor’s appointments or home healthcare or housekeeping. This journal can prove invaluable to offer evidence of how the slip and fall injury impacted your daily life and your financial situation.
Contact Chalik & Chalik Injury Lawyers
If you slipped and fell on someone else’s property, one of the steps you should follow to protect your legal rights is to contact a slip and fall injury attorney. You may be facing substantial costs associated with your medical bills, pain and suffering, the inability to return to work resulting in loss of wages, and additional accident-related expenses.
Contact a slip and fall injury attorney today at Chalik & Chalik Injury Lawyers at (855) 529-0269. We can help you understand your legal rights, help you ensure that you follow specific protocols to protect your legal rights, and help you learn how you may be able to receive compensation for your injuries and losses.

Question 12

Who Is Liable If I Slip and Fall on a Public Sidewalk in Fort Lauderdale?

Accepted Answer

Often, Florida cities and municipalities are held responsible for the upkeep and maintenance of sidewalks and could, therefore, be liable for injuries and losses suffered by a victim in a slip and fall accident on a public sidewalk. If the public sidewalk is owned by a condo or homeowner association, then they would have the duty to maintain the sidewalk in a safe condition—and you may be able to file a claim against those entities for negligence.
In some cases, an individual homeowner may be responsible and liable if the defective or dangerous sidewalk falls under a city ordinance that imparts partial or full liability to homeowners.
Government Entities Could Be Responsible for Your Injuries
Many local government entities or municipalities are charged with maintaining sidewalks in a safe condition and therefore are also considered responsible and liable for any injuries suffered on sidewalks. Filing a claim or lawsuit against any government entity can be legally complex and involve very specific rules—unlike typical civil cases. First, the statute of limitations (deadline) to file a lawsuit against a government entity for a slip and fall case on a public sidewalk in Fort Lauderdale is much shorter than that of a typical personal injury case. A victim only has three years under Florida Statute § 768.28(6)(a) (as opposed to four years in personal injury cases against a private entity under Florida Statute § 95.11) to file a claim against a government entity in the state of Florida.
Additionally, a victim may not simply file a claim or lawsuit against a local government entity or municipality, but rather they must first file a “notice of claim” regarding their slip and fall injury with the Florida Department of Financial Services. The process to file a claim against a government entity is quite different from a civil case. The failure to fill out the proper paperwork under strict deadlines can prevent a victim from receiving the compensation they deserve for their injuries and losses once it’s determined who is liable if you slip and fall on a public sidewalk in Fort Lauderdale.
You May Pursue Homeowner Associations for Damages
In some cases, a public sidewalk will be owned by a condominium association or a homeowner association. If one of these associations has the legal liability and duty to maintain the sidewalk in a reasonably safe condition for lawful visitors and guests, then it may be possible for a victim of a slip and fall accident to file a claim against the condo or homeowner associations directly.
A 2008 Florida Attorney General’s Office Advisory Opinion stated that the responsibility for sidewalk maintenance (and likely liability for any slip and fall injuries suffered on the sidewalk) will ultimately rest with whatever jurisdiction in which the sidewalk is located—absent some sort of legal and official transfer done by a mutually acceptable agreement. Ultimately, the determination regarding liability in slip and fall accidents on sidewalks on or near condo and homeowner association properties can be legally complex.
Private Property Owners Could Be Responsible for the Accident
In some cases, if a local government or municipality owns a sidewalk, the sidewalk may also be partially located on private property. In some cases, this may make the private property owners liable for any maintenance and repair, but whether a private property owner is legally responsible for any injuries suffered from a slip and fall accident is up in the air.
Schupbach v. City of Sarasota institutes a precedent that a private property owner is not liable for accidents. However, the facts and circumstances of every case are different and can be legally complex regarding liability and responsibility. Conversely, Florida’s Third District Court of Appeal held in Del Rio v. City of Hialeah
that even if a government entity has the responsibility for sidewalk maintenance, a private property owner may still be responsible for resulting injuries for any dangerous conditions they contribute to or create on the sidewalk.
Contact Chalik & Chalik Injury Lawyers Today
The entire point and purpose of sidewalks is to create an environment of safety for pedestrians. Many sidewalks throughout Fort Lauderdale, Florida, are uneven, slippery, cracked, poorly lit, or eroding. Serious injuries may occur if a pedestrian slips and falls on a sidewalk. If you slipped and fell on a public sidewalk, you may be able to file a claim against either a government entity, a condo or homeowner association, or a private property owner—depending on the facts and circumstances of your case.
Oftentimes, these cases can prove to be legally complex, and the determination of who is liable if you slip and fall on a public sidewalk in Fort Lauderdale can be challenging. Contact a slip and fall injury lawyer today at Chalik & Chalik Injury Lawyers at (954) 476-1000. We can provide a free consultation regarding your slip and fall case and help you determine which parties remain liable for your injuries and losses.

Question 13

Where Can Slip and Fall Injuries Occur?

Accepted Answer

Slip and fall injuries can happen anywhere. Private and business property owners are both legally responsible for ensuring that their property is free from any kind of dangerous or hazardous conditions. Residential property owners must take reasonable precautions to prevent any visitors from harm when choosing to allow guests onto the premises.
Slip and fall accidents can result in catastrophic and permanent injuries. In many slip and fall situations, the accident could have been avoided if the property owner fulfilled their duty of care. In this case, you may be able to move forward with a civil action against the negligent party to recover the cost of your damages.
Slip and Fall Accidents Can Result in Serious Injuries
The Centers for Disease Control and Prevention states that one-fifth of all falls result in a serious injury, oftentimes needing immediate medical attention.
Some of the injuries a victim may suffer as a result of a slip and fall may include:

Traumatic brain injuries
Fractured or broken bones
Concussions
Lacerations
Cuts
Bruises
Internal organ damage
Internal bleeding
Death

Depending on the age and health of the victim, some injuries related to slip and fall accidents may be permanent or cause life-long disabilities. According to the Journal of Injury and Violence Research, falls are the leading cause of hospitalizations for adults over the age of 65. This trauma can then cause reduced physical fitness, limited mobility, extensive bed rest, and social isolation.
If you or a loved one was injured as a result of a slip and fall accident, you have the right to pursue compensation for your accident-related expenses. By working with a lawyer, you can focus on your health while they go to work establishing that negligence caused your condition.
Proving a Slip and Fall Case
If your slip and fall injuries occurred as the direct result of someone else’s negligence, your legal team will need to prove that four elements were present in your situation.
They include:

The property owner had a duty of care by accepting visitors onto the premises
The property owner violated this duty by not taking action to remedy a potential hazard or reasonably should have known that one existed
As a result, a visitor slipped and fell
Because of this accident, the visitor suffered quantifiable damages that resulted in financial losses

No matter where you fell, you have the right to seek financial recovery for your damages.
Invitee, Licensee, and Trespasser
Per Florida Statute §768.075, not all property owners have a responsibility for the injuries or losses resulting from an accident. For the most part, a property owner only has to compensate victims following a slip and fall accident if they were legally allowed to be on the premises. There are three different types of visitors to a property with varying levels of responsibility owed to them.
Invitee
If a victim of a slip and fall accident was on a property owned by a business, they are considered to be invitees under the law. This could be a restaurant, grocery store, or any other business establishment.
Business property owners have a high level of duty of care to invitees to ensure that they remain safe and free from hazardous conditions on the property. If owners fail to warn invitees of a dangerous condition or fail to remove a hazard that they have knowledge of (or should have had knowledge of), they could be responsible for compensating the victim for any medical bills, lost wages, and pain and suffering.
Licensee
If a person is invited over to another person’s home (usually for non-commercial purposes), they are legally considered to be a licensee. These personal and residential property owners also have a high duty of care owed to their guests, just as business owners have a responsibility to invitees.
Trespasser
If a person illegally trespasses onto either personal or business property, they are owed no duty of care. However, some situations may make property owners responsible for their injuries. For example, if a trespasser entered someone’s property and was injured by gross negligence or intentional misconduct, the property owner may be found liable for the ensuing damages. A lawyer can provide more insight into individual situations and circumstances.
Call Chalik & Chalik Injury Lawyers Today
If you suffered any injuries related to a slip and fall accident either on business or residential property, you do not have to go through the legal process alone. Chalik & Chalik Injury Lawyers work on behalf of claimants who have been injured through another party’s negligence. When you work with us, we can investigate the details of your accident, negotiate for a fair settlement on your behalf, and take your case to court, if necessary.
We work on a contingency-fee-basis, meaning that we do not get paid unless we are able to secure a financial recovery for you. To get started with a free case review, call us today at (855) 529-0269.

Question 14

What Is The Most Common Cause of Motorcycle Accidents?

Accepted Answer

The National Highway Traffic Safety Administration's (NHTSA) Traffic Safety Facts state that speeding, lack of valid licenses, and alcohol impairment were all significant causes of motorcycle crashes and fatal crashes. The NHTSA also reports that in order to avoid accidents, motorcycle drivers should practice motorcycle safety in the form of:

Being familiar with their bike
Maintaining and checking the function of their bike before every ride
Wearing safety gear
Keeping safety in mind when riding

Sometimes, motor vehicle drivers not paying attention can result in crashes. Motorists sometimes make unsafe lane changes or turn left directly in front of a motorcycle rider, causing catastrophic injuries and even death.
Motor Vehicle Drivers Can Cause Motorcycle Accidents
While motorcycle riders get into accidents due to their own action or inaction, there are many ways that a motorcycle accident can be caused by other parties’ action or inaction:

Unsafe lane changes: Some drivers simply do not look in their blind spots closely enough to see if there are any motorcycle riders near them.
“Dooring”: In many cases, a driver is simply unaware of their surroundings and while they are parked, they will open their car door directly in the path of an oncoming motorcycle.
Speeding: While a driver may know that they are speeding, they may not be aware of how their speeding is affecting their inability to stop quickly or navigate around a motorcycle rider—which may cause an accident.
Left-turn accidents: Many right-of-way errors by motorists are due to inattention and the failure to realize that a motorcycle rider is near them.

There are many other causes of motorcycle accidents, including driving or riding under the influence of drugs or alcohol, manufacturing defects of a vehicle or motorcycle, or the inexperience of a motorcycle rider who has failed to take any kind of rider education course. Ultimately, whenever a motorist is involved in an accident with a motorcycle rider, typically the motorcycle rider suffers the catastrophic physical damage.
Injuries Resulting from Motorcycle Accidents
The types of injuries related to motorcycle accidents range from minor injuries to fatalities. Some of the most serious and tragic injuries resulting from motorcycle accidents include the following:

Traumatic Brain Injuries: Traumatic Brain Injuries (TBIs) can include mild concussions, hemorrhaging, permanent brain damage, or even death when motorcycle riders are thrown from their motorcycles, according to the Centers for Disease Control and Prevention.
Road Rash: While this may seem minor, road rash can actually be very severe and cause serious infections as the skin has been torn after the motorcycle rider has been thrown from their bike.
Broken or Fractured Bones: One type of injury suffered by a motorcycle rider in an accident can involve the feet and legs, which can become trapped under the motorcycle as it falls to one side in an accident. Additionally, other types of broken or fractured bones may include spinal cord injuries, broken hips, shoulder bones, pelvis, or elbows and wrists—as the rider is violently thrown from their motorcycle.
Facial Disfigurement: Unfortunately, when a motorcycle rider does not wear a helmet or any proper headgear, the motorcycle rider’s face may hit the chin bar of the motorcycle, which can lead to permanent disfigurement or broken bones in the face and skull.

Seek Immediate Medical Evaluation
If you were involved in any kind of motorcycle accident, you need to seek immediate medical evaluation. Many injuries may not have symptoms directly following the accident, due to a victim being in a state of shock or having a rush of adrenaline masking their pain. Seeking medical evaluation and treatment following a motorcycle accident will help ensure that your health is taken care of by a physician. You can also preserve your legal rights to pursue a claim in the future against those whose negligence caused your injuries.
Contact Chalik & Chalik Injury Lawyers
There are many common causes of motorcycle accidents. However, if you were injured due to someone else’s negligence, you may be facing:

Substantial medical bills
Pain and suffering
Property damage
The inability to return to work as a result of your injury, resulting in lost wages

If you were involved in a motorcycle accident, contact Chalik & Chalik Injury Lawyers at (855) 529-0269. We can provide a free consultation and help you determine how you may be able to pursue compensation for your injuries related to a motorcycle accident. We also want you to understand your legal rights.

Question 15

What If I Can&#8217;t Afford to Pay for a Personal Injury Lawyer in Florida?

Accepted Answer

Most personal injury lawyers work on what is known as a “contingency-fee” basis. Essentially, a personal injury lawyer’s payment is “contingent” upon winning your case and getting compensation on your behalf. Because a contingency fee is only payable when there is a favorable result, if you happen to lose your case, you will not have to pay attorney’s fees to the lawyer that represented you. However, you may have to pay for certain items and services relating to your representation. Those details would be covered in the written agreement you signed with your lawyer at the beginning of your working relationship. This is an important consideration when determining if you can afford to pay for a personal injury lawyer.
This type of contingency fee arrangement allows many people who would otherwise be unable to afford the services of an attorney in their personal injury case.
Costs of Representation
The exact amounts of payment are agreed upon by you and your lawyer prior to their acceptance of your case. At the onset of your working relationship, you and your lawyer will go over a contract that outlines the expected services and details of payment. Generally, in a contingency-fee agreement, the lawyer will take an agreed-upon percentage out of the compensation they get for you to cover the cost of their services.
Florida §16.0155 outlines the maximum percentages lawyers are able to take following a successful case resolution.
The statute reports that a lawyer cannot take:

More than 25% of financial recovery for a case up to $10 million
More than 20% of compensation for a case between $10 million and $15 million
More than 15% of financial recovery for a case between $15 million and $20 million
More than 10% of the compensation recovered for a case between $20 million and $25 million
More than 5% of the funds recovered for a case exceeding $25 million

A lawyer can explain how this may pertain to your personal injury case.
Contingency-Fee Does Not Mean “Free”
A contingency-fee agreement does not mean representation is completely “free.” There are some costs associated with a personal injury case that an injured person may have to pay for themselves.
These may include costs for:

Conducting an independent investigation
Traveling to visit and interview witnesses
The hiring of expert witnesses
Various court costs, such as filing fees
Obtaining and preparing documents needed for the case, such as medical documents and pay stubs

Never make any assumptions with respect to your contingency fee agreement and what you can afford to pay for a personal injury lawyer in Florida. Make sure that you truly understand all of the fees for which you may be ultimately responsible for whether or not you win your case. To protect yourself, you should request a copy of your contingency fee agreement for your records.
Services a Lawyer Can Provide
A lawyer’s role in your personal injury claim is to prove that a negligent party’s actions resulted in your injuries and that the party in question should pay for them. In Florida, you have four years from the date of your accident to move forward with litigation. What this means is that your legal team needs to take measures to ensure that your case falls before the statute of limitations, if time permits.
Some of the services that a lawyer may provide to promote your case’s success include:

Managing communications with the insurance company and liable party

Fighting for a fair settlement on your behalf, whether that be out of court or before a judge

Collecting relevant evidence to your claim

Consulting with third-party experts, including medical professionals or accident reconstruction specialists, to learn more about your situation

Keeping you updated on your case’s progress

Estimating the cost of your economic and noneconomic damages

Representing you in court, if necessary

You should speak with your legal team to understand which of the services are included in your contingency agreement and those that you may have to pay for yourself.
Call Chalik & Chalik Injury Lawyers Now
If you were involved in any kind of accident that resulted in injuries or losses that were directly due to someone else’s negligence, carelessness, or recklessness, you have the right to pursue compensation for those injuries.
At Chalik & Chalik Injury Lawyers, we provide honest and personal representation to people who have been victims of injustice. We serve clients all over the state of Florida, including Fort Lauderdale, Orlando, and Tampa.
Our team proudly operates on a contingency-fee-basis to minimize your financial risk when working with us.
Never let your financial situation prevent you from contacting us. During your free initial case review, we are interested in hearing your story so we can determine how we can help you and whether you can afford to pay for a personal injury lawyer in Florida. To get started, call (855) 529-0269.

Question 16

What Are the Main Causes of Car Accidents?

Accepted Answer

The main causes of car accidents in the United States include distracted driving, driving under the influence of drugs or alcohol, reckless driving, poor weather conditions, manufacturing defects, poor road conditions, animal crossings, and construction sites.
Distracted Driving
Although many people think of texting and driving when asked what are the main causes of car accidents, there are other forms of distracted driving as well. Calling other people on the phone, eating, reading, applying makeup, talking with other passengers, and changing the radio station are all considered forms of distraction that can lead to a serious car accident.
Driving Under the Influence of Drugs or Alcohol
Any person that gets behind the wheel of a car under the influence of drugs or alcohol is likely to cause an accident that may lead to catastrophic injuries or death. All 50 states have a blood alcohol concentration (BAC) limit of .08 percent, and have laws that make risky behaviors like  driving drunk or driving under the influence of drugs illegal as well.
According to the National Highway Traffic Safety Administration, nearly 30 people in the United States die every day due to car accidents with drivers under the influence of alcohol. Accidents involving drugs or alcohol are completely preventable, but oftentimes result in severe injuries or fatalities.
Reckless Driving
If a driver is speeding, runs through a red light, fails to stop at a stop sign, fails to signal a turn as in Florida Statutes 316.151, or fails to follow any other roadway rule or regulation, a serious and severe accident may occur. Speeding is one of the most common forms of reckless driving, and is the second most common cause of all road accidents throughout the United States.
Additionally, many fatalities are connected with speeding, as the high rate of the impact causes catastrophic damage. The faster a car travels, the more difficult it is to stop or maneuver correctly. Reckless, careless, and negligent driving accounts for many car accidents that could otherwise be prevented.
Poor Weather Conditions
While no driver can control the weather, it is critical that drivers take extra safety precautions when operating a vehicle in poor weather conditions. Failure to do so on wet, icy, or snowy roads can cause catastrophic injuries resulting from accidents. The U.S. Department of Transportation’s Federal Highway Administration (FHWA) says weather conditions are the cause of over a million accidents every year in the United States.
Manufacturing Defects
In some cases, a driver is not to blame for their car accident. If an investigation of a car accident determines that the accident occurred as a result of a manufacturing defect in a component of the vehicle, the manufacturer can be held responsible for the injuries, damage, and losses that result. Many accidents happen every year due to vehicle manufacturing defects. If you are injured due to a manufacturing defect, you may have the right to file a claim against the manufacturing company.
Poor Road Conditions
If roadways are poorly maintained and covered with potholes or other dangerous conditions, oftentimes car accidents may occur. While drivers should attempt to avoid poor road conditions, this is not always possible. If an investigation determines that road conditions were responsible for a car accident, it is possible that the victims may be able to sue the city, state, or local government for failing to maintain the roadways in a safe manner.
Animal Crossings
Unfortunately, 300,000 car accidents every year in the United States are related to animal crossings according to the FHWA. Large animals such as deer hitting a car on the roadway may cause substantial damage to a vehicle and also cause serious injuries. In cases where the driver of the vehicle attempts to avoid colliding with an animal, they may crash into another car on the roadway.
Construction Sites
In some cases, construction sites can be responsible for car accidents. If a construction company does not take precautions to ensure that the area around roadways are safe, drivers may collide with construction materials or even with construction workers. If you are involved in a car accident due to a construction site, you may be able to file a claim against the construction company, subcontractor, or even a government entity.
Contact a Car Accident Lawyer
If you were involved in a car accident, and you suffered injuries, damages, and losses, contact Chalik & Chalik Injury Lawyers at (855) 529-0269. We can provide a free consultation, help you determine your legal rights, and help you pursue the compensation to which you may be entitled.

Question 17

What Does the Law Say About Transitory Foreign Substances?

Accepted Answer

A transitory foreign substance is any solid or liquid substance, object, or item that is located in a place that it does not belong. The law regarding transitory foreign substances is part of premises liability, and its definition often arises in slip and fall cases.
Florida Statute 768.0755 states that if a person slips and falls on a transitory foreign substance in a business establishment, the victim must prove that the business knew or should have known about the dangerous condition and should have taken proactive steps to remedy it. Being able to successfully recover compensation rests on this factor.
Examples of Transitory Foreign Substances
The history behind defining “transitory foreign substances” comes from legal precedents in slip and fall accident cases. The definition arose from a footnote in the case Owens v. Publix Supermarkets, INC., where a woman slipped and fell on a banana.
Examples of what qualifies as a transitory foreign substance include:

Melted butter (which was the basis for Ramey v. Winn Dixie Montgomery, INC)
Water
Oil
Grease
Clothing not on the rack
Fruits or vegetables

Any liquid or solid substance or item that is not where it is supposed to be may qualify as a transitory foreign substance. In situations where a person slips and falls on such an object, they may have the basis for a civil action.
Florida Law Requires Claimants to Prove Fault
If a person suffers injuries from a slip and fall in a business from a transitory foreign substance, the victim must prove that the business either had actual or constructive knowledge of the hazardous condition.
Constructive knowledge can be proven by a victim through circumstantial evidence, including one or both of the following:

The hazardous condition existed for so long that the business should have known about it simply through the exercise of ordinary care of their establishment
The dangerous condition occurred with such regularity that the business owner should have been aware of it

Slip and fall accidents are known to cause serious injuries. Right now, you may be facing a prolonged recovery period, which impacts your ability to make a living and spend time with your family. For this reason, many claimants seek the guidance of a personal injury lawyer, since their field lends them knowledge about how to assign liability and prove fault.
Services a Slip and Fall Accident Lawyer Can Provide
When you work with the team from Chalik & Chalik Injury Lawyers, you can rest assured that a dedicated legal practice is handling your case. We understand that Florida law requires claimants to prove negligence in their accident and can provide services designed to establish liability.
Some of these services include:

Handling all communications with the involved party and their insurance companies
Collecting relevant evidence to your claim, including photos and videos of the accident scene
Keeping you updated on your case’s proceedings
Negotiating for a fair settlement on your behalf
Consulting with field experts, such as medical professionals, to gain more insight into your injuries and condition
Estimating the value of your accident-related damages
Serving as your legal advocate in court, if necessary

We understand that you may have many questions and concerns following your accident. We encourage you to share those details with your legal team so that we can better understand your situation.
You May Have a Limited Time to Act
If you are considering filing a slip and fall personal injury case in the state of Florida, you must file your claim within the statute of limitations deadline. Florida allows only four years for victims to bring a personal injury case for slip and fall injuries.
While this may seem like a long period, it takes time to build a case designed for success. Your legal team will need adequate time to collect evidence and, in turn, represent your interests. If you do not act within this timeframe, you may forfeit your right to pursue financial recovery for your losses.
Chalik & Chalik Injury Lawyers Are On Your Side
If you slipped and fell on a transitory foreign substance in a business establishment, you may be facing substantial medical bills, lost wages, and psychological distress. You do not have to go through the legal proceedings alone. When you work with Chalik & Chalik Injury Lawyers, we can help you understand your legal rights so that you can make informed decisions throughout the legal process.
We work on a contingency basis. When you work with us, there are no upfront costs or hidden fees. We only get paid if we are able to get compensation on your behalf. If we cannot get financial recovery for you, then you pay us nothing.
To get started, call Chalik & Chalik Injury Lawyers today at (855) 529-0269.

Question 18

How Can a Fort Lauderdale Personal Injury Lawyer Help With My Slip and Fall Case?

Accepted Answer

In slip and fall accident cases, the state of Florida requires claimants to prove that the property owner did not take reasonable precautions to prevent their injury. Because many people do not have a working knowledge of premises liability laws, they elect to work with a personal injury lawyer.
Some of the services that these professionals can deliver include:

Providing legal advice and assistance to help you understand your rights
Negotiating on your behalf with the insurance companies and liable party
Making sure that your documents are filed correctly and on time to the appropriate offices
Investigating the circumstances of your accident
Estimating the value of your case so that you accept a settlement that covers your losses
Fighting for your rights in court, if needed

Every slip and fall case is different and may require different services than the ones we have listed here. The goal of a personal injury lawyer in a slip and fall case is to prove that the property owner in question was negligent, and as a result, should pay for your accident-related costs.
What a Personal Injury Lawyer Can Do for You
In an article on important facts about falls, the Centers for Disease Control and Prevention reported that over 800,000 patients are hospitalized each year due to injuries sustained in slip and fall accidents. If you or a loved one was injured in this type of accident, you are likely wondering how you will be able to assign liability and pursue financial recovery.
A Fort Lauderdale personal injury attorney can help with your slip and fall case by:
Estimating the Cost of Your Losses
If you suffered injuries or losses due to a slip and fall accident, a personal injury lawyer will be familiar with legal precedents in cases similar to yours. What this means is that they will have an understanding of what similar slip and fall accident cases have been awarded, and factor that knowledge into your claim.
To help you accept a settlement offer that covers the cost of your damages, they will take information from your medical bills, pay stubs, relevant receipts, and other documents that assign cost.
If your case is successful, you may be able to recover compensation for:

Past, present, and future medical expenses
Lost wages
Reduced earning capacity
The cost of rehabilitative therapy
Pain and suffering
Emotional trauma

A Fort Lauderdale personal injury lawyer will be able to help you understand more about what compensation in your case might look like. If you do not see an item for which you are seeking coverage for here, we encourage you to share those details with your legal team.
Negotiating with Insurance Companies
Chances are that following your accident, the insurance company’s initial settlement offer will not cover the full extent of your damages. For this reason, your lawyer will likely enter into negotiations to get you the compensation you need. Unfortunately, not all insurance companies act with the claimants’ best interests in mind.
A lawyer can provide assistance in the following situations:

Your insurance company is pressuring you into settling for an amount that does not reflect your losses.
Your insurance company is using manipulative strategies to trick you into admitting fault or downplaying your injuries.
Your insurance company is requesting information that has nothing to do with your case to deter you from seeking compensation.

Your lawyer will enter the negotiation proceedings understanding what insurance companies do to avoid settling your claim. They can negotiate for the compensation you need to start rebuilding your life.
Preparing Your Case for Trial
Many slip and fall accident cases settle without litigation. However, if your legal team is unable to reach a settlement agreement with the insurance company, then they have the option of taking your case to court. From there, your lawyer will present your case before a judge, and any financial compensation will be given in the form of a court award.
To prepare your case for litigation, your lawyer may:

Review the evidence found during the investigation
Have witness statements pointing to the severity of your condition and the accident itself
Have these witnesses testify in court on your behalf
Present a case that encompasses the scope of your injuries

Your lawyer may be able to take other measures to promote your case’s success than those we have listed here.
Call Chalik & Chalik Injury Lawyers Today
If you suffered injuries due to a slip and fall accident, you have the right to work with a personal injury lawyer to pursue the cost of your related expenses. At Chalik & Chalik Injury Lawyers, we provide all of these services and more when it comes to assigning liability and pursuing compensation.
Keep in mind that you may not have long to act, as the 2019 Florida Statutes only allows four years from the date of your accident to move forward with a civil action. Acting outside of this timeframe will likely jeopardize your claim.
To get started with a free case review, call Chalik & Chalik Injury Lawyers at (855) 529-0269.

Question 19

Can I Sue the City If I Slipped and Fell on a Sidewalk?

Accepted Answer

Yes, if the city has the responsibility for maintenance and owns the portion of the sidewalk on which you slipped and fell and suffered injuries. If another entity (such as a private property owner, or condo or homeowner association) owned the sidewalk or was responsible for its maintenance, you may have to file a claim to receive compensation for your slip and fall injuries and losses from an entity other than the city.
Government Entities vs. Private Property Owners
Most cities and municipalities will own the public sidewalks on which people walk. In fact, most local governments are in charge of keeping the sidewalks in a safe condition through regular maintenance. This precedent was originally decided in 1953 in the case of Woods v. City of Palatka (in regard to Florida law). This case determined that a city has a responsibility to maintain safe sidewalks for its citizens as a fundamental proprietary function of the city.
However, that same case stated that the burden and responsibility can be shared with private property owners—in some instances. If a public walkway is connected in some way to personal property, a property owner could negatively impact the safety of the sidewalk through overgrown trees, bushes, or throwing some sort of debris in the walkway. In these instances, a private property owner would, in fact, be liable for a slip and fall accident on a public sidewalk.
Government Claims vs. Civil Claims
Making a determination regarding liability and responsibility for a slip and fall accident is critical, as the rest of the case will develop based on that fundamental decision.
Suing a City, Municipality or Another Governmental Entity
If a determination is made that a city, municipality or another governmental entity is responsible for any injuries or losses resulting from a slip and fall accident on a public sidewalk, the first step is to file a “notice of claim” regarding the accident with the Florida Department of Financial Services. After this notice of claim, there is an entirely different set of rules and deadlines that a victim must follow in order to attempt to receive compensation for injuries suffered on a public sidewalk owned and maintained by the city or another governmental entity. Additionally, the statute of limitations (deadline) to file a case against a government entity in the state of Florida is only three years under FL § 768.28(6)(a). Therefore, time is of the essence in order to ensure that a victim’s legal rights are protected.
Suing a Private Property Owner
If you are attempting to sue a private property owner, or condo or homeowner association, you will not have to alert the government in any way as you would if you were filing a claim against a governmental entity. In an important decision, Florida’s Third District Court of Appeals ruled in the case of Esther Del Rio v. City of Hialeah that private property owners may be still responsible for slip and fall accidents even if they are owned by a governmental entity.
If you plan on filing a claim against a private property owner, you will need to:

Alert the defendant and insurance company
Interview witnesses
Conduct an investigation
Hire expert witnesses
Negotiate with insurance companies in order to attempt to receive an appropriate settlement amount for your injuries and losses

If you suffered a serious injury, you may be facing substantial medical bills, the inability to return to work resulting in lost wages, pain and suffering and other non-economic damages such as the inability to walk, hold your children, or perform daily tasks. The statute of limitations for personal injury cases in the state of Florida is four years from the date of the accident under FL § 95.11, therefore, it is critical that you begin the process as soon as possible since slip and fall cases can take a considerable amount of time to develop.
Contact Chalik & Chalik Injury Lawyers for More Information
While you may sue a city if you slipped and fell on a sidewalk, there may be other parties who could also be liable. For instance, private property owners, condo associations or homeowner associations. Making the determination regarding liability can be a complex and challenging legal task. While in many cases in the state of Florida, either a city or municipality will own the public sidewalk on which you fell, it is important to determine accurate responsibility in order to allow a victim to receive compensation for any injuries or losses due to the slip and fall accident.
Contact Chalik & Chalik Injury Lawyers at (855) 529-0269. We can provide a free consultation regarding your slip and fall case that occurred on a sidewalk, and help you determine which parties remain liable to compensate you for your injuries and losses.

Question 20

What Is a PIP Suit in Florida?

Accepted Answer

A car accident can lead to significant financial and medical costs. A PIP suit in Florida is one avenue to pursue to receive compensation following a car accident.
A PIP suit in Florida is a claim that is filed to collect benefits from your auto insurance company. The amount of money you can recover in a PIP suit may be limited by the details of your policy.
If another party’s negligence caused your car accident injuries, you may be able to pursue additional compensation beyond a PIP suit in a personal injury lawsuit against the responsible party.
Requirements for Vehicle Owners
All Florida vehicle owners are required to have at least $10,000 in PIP coverage, which can cover:

80% of medical treatment and costs
Up to 60% of lost wages
Up to $5,000 of death benefits
Reimbursement for travel to and from medical appointments
Disability benefits

Treatment Coverage
To receive reimbursement for medical costs, you must receive treatment for the injury within 14 days of the car accident. Treatment can involve:

Emergency medical treatment
Outpatient medical appointments
Diagnostic tests
Rehabilitation services
Nursing services
Ambulatory services

PIP Benefits
PIP benefits can cover up to 80% of medical costs, which can include:

Co-pays
Medical devices
Prosthetic devices
Dental costs

PIP benefits are paid by your insurance company. You are entitled to PIP benefits regardless of who is at fault for the accident.
To receive compensation from a PIP suit in Florida, you may have to demonstrate that your injuries and associated cost are a direct consequence of the accident. That means medical appointments may have to be related to your initial injury. Completing all recommended medical care and treatment may be necessary to document your injuries and validate your claims.
Usually, your medical providers will be the ones to file a PIP suit in Florida, as PIP insurance benefits are payable to service providers. PIP insurance benefits usually pay associated costs within 30 days. After 30 days, benefits may be considered overdue.
In some situations, your insurance company may decide to take an additional 60 days to further investigate the claim, which is why keeping records can be important. Having your medical records and associated costs may expedite your insurance provider’s PIP benefits process.
How to Receive PIP Benefits for Lost Wages
Besides medical costs, PIP benefits also offer compensation for lost work wages. This means that you may be able to receive financial reimbursement if your injury has resulted in time off from work or disability.
To request PIP lost wage benefits, you may need to have your employer complete a wage verification form. This document shows the insurance company what your earning were before the accident. If you receive PIP disability or lost wage benefits, they are issued bi-weekly.
Your employer can also verify the number of days you have missed. Although your PIP benefits cover only 60% of lost wages, you may be entitled to collect the other 40% from the other party through a personal injury claim. If the other party is at-fault, you may be able to collect 40% of your lost wages from their insurance carrier.
When you are in a car accident, you may want to call your insurance company as it is safe to do so. Each insurance company has unique requirements for filing and receiving PIP benefits. Since many insurance companies require policyholders to file a claim within a specific time frame, a timely application may be imperative.
If you have questions about what your PIP benefits cover, review your policy.
How to Recover Additional Damages
While PIP benefits can help reduce the financial harm caused by a car accident, you may experience significant costs in your car accident, especially if you sustain a serious injury. Prolonged hospitalization or extensive rehabilitation can lead to mounting medical bills that may exceed your PIP benefit threshold.
If this occurs, you may be able to pursue the driver responsible for your accident for additional compensation. If there is evidence that their negligence caused your injuries, they may be liable for your damages in a personal injury case. This could make you eligible to collect compensation in settlement negotiations with their insurance company or in a personal injury lawsuit in court.
If your personal injury case is successful, you may be able to recover compensation for:

You current and future medical expenses
Lost wages or reduced earning income
Automotive repair or replacement
Pain and suffering
And more

Do not delay if you are considering a personal injury lawsuit. Florida law imposes a statute of limitations, or legal time limit, on many of these lawsuits.
Chalik & Chalik Injury Lawyers May Be Able to Represent You
If you suffered injuries from a car accident, you may be entitled to compensation. Chalik & Chalik Injury Lawyers defends car accident victims in Florida. We may be able to help you recover compensation in your car accident case.
Call us today at (855) 529-0269 for a free consultation. We can discuss what benefits you may be able to receive for a Florida PIP suit or in a personal injury lawsuit.

Question 21

What Is the Tort Threshold in Florida?

Accepted Answer

If you were the victim in a personal injury accident, you may be wondering what the tort threshold in Florida is and how it impacts your ability to receive compensation for injuries.
The tort threshold in Florida is a law stating that victims of personal injury accidents must sustain one of four types of injuries in order to recover non-economic damages, such as pain and suffering or mental anguish.
The four injury types in Florida’s tort threshold are:

Permanent injury
Severe scarring or disfigurement
Significant or permanent loss of a major bodily function
Death

The tort threshold in Florida does not apply to economic damages, which may include actual financial costs you incurred as a direct result of the accident. Medical bills and costs associated with replacing a totaled vehicle are two examples of economic damages.
Non-Economic Damages in Florida
Pain and suffering and mental anguish are examples of non-economic damages. The tort threshold in Florida limits awards for these damages to victims of personal injury accidents that sustain significant and chronic injuries.
Compensation for non-economic claims may take into account factors such as your age, your annual earnings, your future earning potential, and the severity of your injuries.
The law sets aside these special damages for permanent injury victims because of the long-term effects of these conditions. Permanent injuries may limit your ability to work, engage in certain activities, or otherwise have the same standard of living as before your accident.
Meeting the Tort Threshold in Florida
To prove that you meet the Florida tort threshold and qualify for non-economic damages in your personal injury case, you may need to provide evidence of the extent of your injuries. This may include:

Medical records
Statements from your doctor
Testimony from medical experts
And more

Working with your medical professional after your accident can ensure that there are not any gaps in your treatment. You want to maintain regular appointments to track the progression of your injuries and document how they are impacting your daily life. Follow-up with any recommendations your doctor makes and keep your records in a safe place.
Documents to Retain for Your Case
We recommend that you keep all documentation related to your personal injury accident so that it may be used as evidence in your case, if necessary. This includes:

Police reports
Receipts for any services you required related to the accident
Medical bills
Contact information of witnesses
Photos of the accident scene

If you have to take time off from work due to your injuries, make sure to keep copies of communication with your employers to prove how many days of work you missed.
Depending on what type of accident you were involved in, you may also receive communications from the other party involved. This may include letters, emails, or phone calls from their insurance company, as well as yours. Try to keep these documents organized.
If you are unsure of whether to accept a settlement offer or how to communicate with an insurance agent, you may want to discuss your options with a personal injury lawyer.
Filing for Disability
Severe injuries may lead to disability, which may require filing additional claims with various agencies, such as the Social Security Administration. If you have to file for disability benefits following a personal injury accident, those records may help prove that you sustained a permanent injury in your personal injury case.
Likewise, if you have to file for unemployment benefits because your injuries preclude you from working, these records may enhance the validity of the claims in your personal injury case.
Representation in Your Personal Injury Case
Chalik & Chalik Injury Lawyers represents Florida’s personal injury victims. We may be able to take on your case and help you prove that your injuries meet Florida’s tort threshold.
Keep in mind that your case may be beholden to a statute of limitations, or legal time limit. The statute of limitations for Florida’s personal injury claims is generally four years. However, certain circumstances can extend or shorten this time frame.
Call Chalik & Chalik Injury Lawyers today at (855) 529-0269 to schedule a free consultation with our team. We can discuss what legal time limits pertain to your case, as well as your options for recovering compensation.
Our firm operates on a contingency-fee-basis with no up-front costs to the clients we represent.

Question 22

How Long Do You Have to File a Personal Injury Claim in Florida?

Accepted Answer

When you sustain an injury and may be entitled to compensation, you may wonder how long you have to file a personal injury claim in Florida.
The time you have to file a claim depends on several factors, including the type of injury, who the victim was, and who was responsible.
For most Florida personal injury claims, you have four years to file an action.
Examples of claims that must be filed within four years include:

Negligence
Statutory liability claims
Battery
Assault
Intention torts

Other situations could change the amount of time you have to file a personal injury lawsuit. For example, if you are suing for medical malpractice injuries, or if the victim was a minor at the time of the accident.
A personal injury lawyer may be able to tell you about what legal time limits pertain to your case when you call them for a consultation.
The Statute of Limitations in Florida
The statute of limitations for medical malpractice is typically two years, although in certain situations, such as when the injury involves a minor or if the liability is intentionally concealed by the medical professional, the statute of limitations can extend to a period of four to seven years.
Some claims, such as those for sexual assault when the victim is under 16 or certain types of damages related to wrongful death, have no restrictions on when a claim must be filed.
If you are wondering how long you have to file a personal injury claim in Florida, remember that the statute of limitations typically begins on the day the injury occurs or when you recognize an injury occurred. The distinction is important because some accidents or injuries may not have immediate symptoms. A common example of this is car accidents, as it can take time for your doctor to identify the extent and severity of your injury.
Damages in a Personal Injury Claim
If you are wondering how long you have to file a personal injury claim in Florida, you likely are also curious as to what types of damages and compensation you are entitled to. In Florida, there are two main types of damages you can collect for a personal injury claim: economic and non-economic.
Economic Damages
Economic damages are financial costs that you incurred from the injury that are clearly defined and can be proven in court. Simply put, they are costs that you could prove with bills, receipts, and financial statements. Examples of economic damages include:

Legal fees
Property damage and replacement costs
Out-of-pocket medical costs
Lost wages

Non-Economic Damages
Conversely, non-economic damages are subjective and can include:

Pain and suffering
Loss of affection
Loss of consortium
Emotional distress

Personal injury claims allow you to pursue both types of damages because you can suffer permanent and chronic symptoms that can impact your daily life long after the initial injury.
The factors that a jury can consider when deciding how much compensation to award you can include:

Your age
Your current and future earning potential
The severity of your injury
Whether you need extended treatment for your injuries

A personal injury lawyer may be able to discuss what compensation could be available in your case when you call them for a consultation.
Benefits of a Personal Injury Lawyer
Recovering from an injury may be time-consuming. You may have to maintain regular doctor visits and rehabilitation appointments that could limit your ability to coordinate a personal injury case.
If you hire a personal injury attorney to represent you, they can handle your casework while you concentrate on your recovery.
A personal injury lawyer’s services may include:

Answering your questions
Making sure your case complies with the relevant statutes of limitation
Gathering evidence of the responsible party’s liability
Gathering evidence of the extent of your injuries
Negotiating with the insurance company on your behalf
Taking the case to court if the insurer does not make you a fair settlement offer

A personal injury lawyer may also represent you on a contingency-fee-basis. This type of arrangement requires no up-front fees. Rather, the lawyer’s payment comes at the end of the case as a percentage of your settlement or court awards, if and when you win your case.
Chalik & Chalik Injury Lawyers Can Represent You
Chalik & Chalik Injury Lawyers represents Florida’s personal injury victims. We can tell you how long you have to file a Florida personal injury claim when you call our offices for a free consultation.
Give us today at (855) 529-0269. We take personal injury cases on a contingency-fee-basis with no up-front costs to our clients.

Question 23

How Is Pain and Suffering Calculated in Florida?

Accepted Answer

When you sustain an injury and pursue a personal injury claim, you may be able to receive damages for pain and suffering. But how is pain and suffering calculated in Florida?
To calculate pain and suffering, Florida juries can consider a variety of factors, including:

The severity of your injuries
The limitations your injuries impose on your daily life
Past, current, and future suffering caused by the injury
Emotional distress caused by the injury
Loss of consortium and affection
Your age
Existence of preexisting conditions

There may be other considerations in your case than the ones listed here.
Non-Economic and Economic Damages
Pain and suffering are a type of non-economic damage, meaning that the exact financial cost and award is subjective. However, if you have extraordinary economic damages, such as excessive medical bills, it can play a role in determining pain and suffering compensation. Significant economic damages demonstrate that emotional pain is a likely consequence of your injury, which can help compensate for a decreased quality of life you may experience in the future.
Suffering a severe injury can lead to emotional distress and mental health problems, such as trauma, depression, and anxiety. Pain and suffering calculated by juries can also consider factors such as losing the ability to work, go to school, or live independently. It is also important to understand that pain and suffering calculated by juries can include compensation for future distress, especially if you endure chronic medical or mental health problems because of your injury.
Limits on Non-Economic Damages in Florida
In Florida, there are rarely limitations on the amount of non-economic damages you can claim and pursue. The two main exceptions include medical malpractice claims ($500,000.00) and the majority of claims against municipal and state governments ($200,000.00).
A personal injury lawyer may be able to discuss what pain and suffering compensation could be available in your case when you contact them for a consultation.
Proving Pain and Suffering in Florida
Experiencing a life-changing injury can make it difficult to return to normalcy, which is why documenting how your injuries impact your day-to-day life can may be useful in a personal injury case. This can include medical and mental health treatment records, which explain the specific ways in which your life is affected because of your injury.
If you are struggling with anxiety, depression, or mental anguish, connecting with a counselor or psychiatrist may help you treat your symptoms. Documentation of these conditions may increase the validity of your pain and suffering claims as well.
More than half of those who are hospitalized with a serious injury experience mental health symptoms, ranging from anxiety to depression. Acute stress disorder, which can transition into PTSD, is present in as many as 45% of injury survivors, meaning that struggling with mental distress following a major injury is common.
Unfortunately, physical and mental injuries can continue to impede your ability to maintain or resume your accustomed lifestyle. Following treatment recommendations and expressing your progress honestly with your medical providers may ensure that any lingering or chronic symptoms from your injury are documented for your personal injury case.
The Statute of Limitations for Pain and Suffering in Florida
To claim pain and suffering compensation, you must file your lawsuit within a certain amount of time following the injury. The statute of limitations for personal injury claims in Florida are:

Three years for most claims involving state actors
Between two and four years for medical malpractice claims
Four years for personal injury claims

Filing your lawsuit promptly and in accordance with the law is necessary to pursue personal injury damages.
Common examples of claims that can warrant damages for pain and suffering include:

Car accidents
Medical malpractice
Slips and falls
Injuries related to an assault or act of violence
And more

A lawyer may be able to discuss what legal time limits pertain to your case and your options for compensation when you call them for a consultation.
Chalik & Chalik Injury Lawyers Can Help You
The pain, stress, and anguish that occurs following a serious injury can disrupt your life. If you are suffering from physical or mental injuries following a Florida personal injury accident, you may be able to recover compensation.
Chalik & Chalik Injury Lawyers represents Florida victims in personal injury claims. We are dedicated to helping our clients receive compensation and protecting their interests.
Reach out to us today at (855) 529-0269 to schedule a free consultation and to discuss your legal options. We can help you calculate what Florida pain and suffering damages may be available in your case when you call our firm.

Question 24

How Long After a Car Accident Can You Claim Injury in Florida?

Accepted Answer

When you are in a car accident, you can sustain permanent and serious injuries. But how long after a car accident can you claim injury in Florida?
In most cases, you have four years from the date of the accident to file a personal injury lawsuit in Florida. This time limit is established by Florida’s statute of limitations laws.
Failing to file a personal injury lawsuit within four years of the accident can prevent you from receiving compensation via a lawsuit, even if there is strong evidence in your defense.
If you are wondering about how the statute of limitations pertains to your car accident case, or how much time you have left to act, you may want to contact a car accident lawyer for a free consultation.
Damages in a Florida Car Accident Claim
If another driver’s negligence caused your car accident, they may be liable for your injuries. This means they may owe you for both economic and non-economic damages.
In Florida, there is no cap on economic damages in personal injury cases. Economic damages may include expenses with a defined cost such as medical bills, a replacement for a totaled car, and more.
There may also be no cap on non-economic damages in certain cases. However, there are specific criteria for non-economic damages being awarded.
Non-economic damages
Non-economic damages include things like pain and suffering and mental anguish. To receive non-economic damages in your Florida car accident case, you may need to demonstrate that the accident caused you to suffer permanent injuries. This may require documentation from a medical professional to validate that your symptoms are chronic.
With certain injuries, your symptoms may have to continue for several months before they are considered permanent. Other times, a car accident can worsen a preexisting condition that may result in chronic issues.
Failing to adhere to the filing requirements means you may not be able to recover any financial compensation for your injuries in a personal injury lawsuit, even if they are permanent.
Fault and Compensation in Car Accident Cases
In a car accident case, the driver who is at fault for the accident may be held liable for the damages they cause. The law may determine that the at-fault driver is the one who acted negligently by not obeying the traffic laws. This can include:

Running a red light or stop sign
Speeding
Failing to yield
Failing to respect another car’s right of way
Illegal lane change
Failure to use a turn signal
Driving with no headlights on
Drunk driving
And more

If a court determines that a negligent driver caused your accident, you may be able to recover compensation for:

Ambulance services and emergency room treatment
Current medical expenses
Lost wages or earning potential
Treatment for chronic injuries
Towing, repair, and replacement costs for your vehicle
Pain and suffering
And more

Florida law may apply comparative fault in a car accident case, meaning if you are partially responsible for the accident, your compensation may be proportionally reduced. For example, if a judge determines that you are 25% responsible for the accident, your compensation may be reduced by 25%.
What to Do if You Are Injured in a Car Accident
If you injured in a Florida car accident, you may want to:

See a doctor as soon as possible so that they may diagnose any injuries and begin treatment
Retain copies of any accident reports, photo or video evidence you have from the scene of the accident, including witness contact information
Use caution when speaking with the responsible party’s insurance company, who may try to use your statements to reduce or deny your claim
Determine how long you have to take legal action according to Florida’s statute of limitations

You may also want to consult with a Florida car accident lawyer to discuss your legal options.
Call Chalik & Chalik Injury Lawyers Today
If you are wondering how long after a car accident your Florida injury claim is actionable for, contact Chalik & Chalik Injury Lawyers. Our firm represents Florida car accident victims in personal injury cases, and we offer a free consultation call. We can discuss your accident and how much time remains for you to take legal action when you call us at (855) 529-0269.
Should you choose to hire us to represent your car accident case, we may be able to do so on a contingency-fee-basis with no up-front costs to you.

Question 25

What Kind of Injuries Can Happen in a Car Accident?

Accepted Answer

The injuries one may suffer in a car accident varies based on many different factors, including who was involved and the type of collision that occurred.
According to the National Center for Biotechnology Information (NCBI)-distributed book Motor Vehicle Collisions (MVCs) by Tammy J. Toney-Butler and Matthew Varacallo, some common accidents with commonly reported injuries include:

T-bone accidents: can result in brain injuries and fractures of the pelvis, neck, clavicle, and skull.
Rear-end collisions: can increase the risk of whiplash and spinal trauma.
Frontal and near-side collisions: can cause internal bleeding after forceful impact against the steering wheel.

The weight and age of the occupants in the vehicle at the time of the accident can contribute to the severity of these injuries. Additionally, if passengers are not wearing a seatbelt, they can suffer additional afflictions to the ones we have listed here.
Always Seek Medical Attention After a Car Accident
No matter the type of collision someone is in, they should always seek immediate medical attention for their injuries. Even if you are able to walk away from the accident scene with minor cuts and bruises, only a medical professional can give you a clean bill of health. By seeking prompt medical care, you can not only receive treatment for your condition, but also establish a connection between yourself and the accident which may become relevant later.
If you do not get medical attention following a collision, and later move forward with legal action against the at-fault party, they can argue that your injuries did not result from the accident, but from something else. Keeping all paperwork relating to your medical care can work to your advantage if you enter litigation. Florida Motor Vehicle Statute 316.066 also requires law enforcement officers to file long-form Traffic Crash Reports within 10 days of investigating a crash.
Your Injuries can Support Your Claim
Not only can your injuries give your legal team insight into how an accident occurred, but they will also affect what items you can claim as damages. For instance, a claim for spinal cord trauma will likely be able to pursue different awards than a claim for whiplash.
The following are some of the injuries that can happen in a car accident.
Traumatic Brain Injuries
One of the most frequently seen results of a car accident is a traumatic brain injury (TBI). TBIs can range from mild concussions to serious hemorrhaging. These conditions may require surgery or result in permanent disabilities.
Different kinds of TBIs can include:

Contusions: which are bruises on the brain that may take years to heal.
Diffuse axonal injuries: which happen when nerve cells stretch and tear due to the sharp movement of the brain back and forth inside the skull.
Hematomas: which occur when blood collects outside of a vessel after rupturing.

Depending on the severity of a car accident, a victim may suffer from one or more TBIs at the same time. All require immediate medical evaluation and treatment. Again, keeping records of your treatment, diagnosis, medications, and other details can be crucial when seeking compensation for your losses.
Back and Spinal Cord Injuries
Broken and fractured bones can occur throughout the body following a car accident. However, some of the most severe injuries may occur when there are breaks or fractures in the spinal cord. If the smaller discs and vertebrae in a victim’s back are broken or knocked out of alignment, it can cause serious pain and suffering. In some catastrophic cases, the spinal cord could be completely fractured or broken in several places, which may result in temporary or permanent paralysis.
Organ Damage
Due to the intense impact of vehicles in a car accident, some victims may suffer internal injuries. These can range from internal bleeding to organ damage. Symptoms may include:

Fatigue
Shortness of breath
Bruising
Nausea or vomiting
Bloody stool
Confusion
Weakness

These conditions may not immediately appear in the hours following your accident. A medical professional can assess the situation and may take preventative measures to keep your injuries from developing into life-threatening dangers.
Call Chalik & Chalik Injury Lawyers for a Free Case Review
If you were involved in a car accident and suffered injuries due to someone else’s negligence, after seeking medical attention you should consider working with a personal injury lawyer. A lawyer can help to investigate the crash, handle communications with the involved parties, and negotiate for a fair settlement on your behalf.
At Chalik & Chalik Injury Lawyers, our team works with clients directly, and can perform these services and more. To get started with a free case review, call us today at (855) 529-0269.

Question 26

What Is the Most Common Motorcycle Injury?

Accepted Answer

According to the National Highway Traffic Safety Administration (NHTSA), the most common motorcycle injury is to a rider’s feet or legs. The organization found that 30% of all non-fatal injuries involve this type of trauma. The Association for the Advancement of Automotive Medicine reports that in the course of their research, they found that the types of injuries sustained in a motorcycle accident correlated with the rider’s age; older riders suffered more injuries to the abdomen, pelvis, and spine, while younger riders were more at risk for injuries to the lower extremities.
If you were in a motorcycle accident, regardless of how your collision occurred, you should seek prompt medical attention for your injuries. Internal bleeding, spinal trauma, and other conditions may not be immediately visible following the accident and may prove to be life-threatening if not met with quick medical intervention.
Injuries to the Lower Extremities Can Be Serious
Because a rider’s feet and legs take the brunt of the impact during a motorcycle collision, a lower extremity injury is the most common motorcycle injury. During an accident, if a rider is not ejected from the vehicle and the motorcycle falls over, the rider runs the risk of having their feet and legs crushed by the bike.
Additionally, other motorcycle injuries that affect the lower extremities include:

Sprains
Dislocation
Torn ligaments
Broken bones
Soft tissue damage
Nerve damage
Cuts and lacerations
Severe bruising

The long-term effects of injuries to the feet and legs can permanently affect a person’s mobility. While some injuries will require short recovery periods, others require multiple surgeries and years of physical therapy. In serious situations, sometimes the damage to the limbs is too severe to recover from and results in amputation. Reduced mobility, excruciating pain, and stiffness are all consequences of a catastrophic motorcycle accident.
Motorcycle Accidents Can Lead to Brain Damage
A motorcycle rider’s second most common injury, when involved in an accident, is trauma to the brain. The NHTSA states that in 2016, the fact that motorcycle riders used helmets likely saved more than 1,800 lives.
Traumatic brain injury (TBI) is an umbrella term that describes several kinds of trauma to the brain and skull. Some of the types of TBIs include mild or severe concussions, contusions, traumatic subarachnoid hemorrhage, diffuse axonal injury, or hematomas. In many cases, motorcycle riders may suffer more than one of these types of TBIs when involved in a serious accident.
After an accident, if you experience any of the following conditions, you should consider seeking medical attention:

Loss of consciousness (even briefly)
Headache
Memory loss
Disorientation or confusion
Exhaustion or abnormal fatigue
An inability to concentrate
Dizziness

Following any kind of collision, you do not want to aggravate your physical condition. Seeking medical attention can mean the difference between a speedy recovery period and lifelong impairments.
Two Steps to Take After a Motorcycle Accident
Right now, you may be dealing with the aftermath of a collision that you did not cause. In these situations, there are two steps you can take on your own behalf that can promote the chances of your claim’s success when approaching the insurance company.
Seek Prompt Medical Attention
No matter what injuries you suffered following a motorcycle accident, you should seek immediate medical attention. Motorcycle riders oftentimes suffer serious and catastrophic injuries simply due to the fact that they do not have the same protections that those in passenger vehicles have. Following an accident, motorcycle riders can enter a state of shock or have a rush of adrenaline, which masks a lot of pain associated with certain medical conditions.
Additionally, seeking immediate medical attention and treatment allows you to begin building the basis of a claim, should you decide to move forward with legal action. By keeping records of your diagnosis, treatment, prescriptions, operations, and other relevant details, you can begin establishing a link between your injuries and the collision.
Do Not Speak to the Insurance Company Without a Lawyer Present
In the days following your accident, you will likely be contacted by either your insurance company or the other party’s. They may ask you to give a recorded statement or pressure you into accepting a settlement that does not fully cover the cost of your expenses. First, giving a recorded statement gives the insurance company the opportunity to take your words out of context and twist them into comments that you did not mean. Secondly, if you accept any amount of money from the insurance company, you will waive your right to seek litigation, should your condition worsen.
By working with a lawyer, you can have all the communications with the insurance company be left to a legal professional, who can advocate for your rights during this challenging time.
Call Chalik & Chalik Injury Lawyers Today
If you were involved in a motorcycle accident and suffered any type of injury, the team at Chalik & Chalik Injury Lawyers can provide assistance during the legal process. We can provide a free consultation and determine a course of action for pursuing compensation for your accident-related costs. To get started, call (855) 529-0269.

Question 27

What Is the Difference Between Bodily Injury and Personal Injury?

Accepted Answer

The main difference between bodily injury and personal injury is that bodily injury insurance covers expenses related to injuries the other party suffers as a result of a car accident. Under Florida statute § 627.736, personal injury protection (PIP) insurance can cover $10,000 worth of medical expenses and lost wages that happen because of a car accident. Personal injury coverage benefits are distributed regardless of who is at fault for an accident.
It is important to know the difference between bodily injury and personal injury because auto insurance policies typically only require drivers to carry personal injury protection insurance. Drivers convicted of a DUI are mandated to obtain bodily injury coverage under Florida statute § 324.023. Standard auto insurance policies must include $10,000 in personal injury protection coverage, which is paid to the policyholder if a car accident causes injuries.
Florida mandates that any driver convicted of a DUI must maintain bodily injury coverage for three years after restoring their driving privileges. For DUI convictions that occurred after October 1st, 2007, the minimum bodily injury coverage drivers must maintain is $100,000 per person and $300,000 for two or more people.
Although Florida does not require drivers without a previous DUI conviction to carry bodily injury insurance, drivers and vehicle owners must have at least $10,000 worth of personal injury and property damage liability coverage each, per the Florida Highway Safety and Motor Vehicles (FLHSMV) insurance requirements. The difference between having bodily injury and personal injury coverage and choosing to carry state minimum coverage is that if you are the at-fault party in an accident and the driver suffers damages over $10,000, you can be liable for the excess costs and face a civil suit.
How Bodily Injury Insurance Protects You
Even safe drivers can make mistakes behind the wheel. From the FLHSMV Crash Dashboard, 403,626 car accidents in Florida resulted in 255,353 injuries in 2018. The prevalence of car accidents means that practicing ideal driving habits is not always enough to prevent an accident. While personal injury insurance coverage protects you for the first $10,000 worth of expenses related to injuries from an accident, serious accidents can cause significant financial costs.
If You Are At-Fault
If you are at fault for an accident, it can leave you civilly vulnerable. If the other driver or passengers sustain significant injuries, bodily injury insurance can protect you against legal action. However, failing to have bodily injury insurance can allow the other party to pursue damages. Litigation can be costly, especially if you have assets that could be exposed in a judgment.
Discuss Your Options With Your Insurance Company
Your insurance company can review with you the difference between bodily injury and personal injury and suggest the ideal coverage for your needs, which can include reviewing things like your:

Assets and net worth
Driving history
Whether you have new or inexperienced drivers in your household

What Types of Damages Can Be Claimed?
Injuries suffered from a car accident can give rise to a personal injury claim. In Florida, these types of claims do not have caps for damages. The two types of damages you can pursue for injuries from a car accident include economic and non-economic damages.
Economic vs. Non-Economic Damages
Economic damages involve financial costs that can be proven in court with an invoice or receipt, such as:

Vehicle repair or replacement costs
Medical bills
Lost wages
Transportation costs to medical appointments

Non-economic damages include claims like:

Pain and suffering
Mental anguish
Loss of consortium
Loss of affection

Personal injury policies cover only economic damages. Non-economic damages, like pain and suffering, can be claimed only if you sustain a permanent injury in a car accident.
How Damages Are Calculated
Economic damages are the financial costs associated with your accident. Non-economic damages consider factors such as how your injuries impact your present and future life. Suffering a severe injury can lead to a disability or limit your ability to work. You may have to change careers because of an injury or might be unable to work full-time.
Future Harm
Non-economic damages also consider how your injuries affect your daily life. Car accidents can lead to chronic and permanent physical and psychological injuries, which can impede your ability to maintain your current standard of living. You can pursue future lost wages if your injuries prevent you from working or cause you to transition to a lower-paying career.
Contact Chalik & Chalik Injury Lawyers Today
Incurred damages make it important to know the difference between bodily injury and personal injury, so you can choose the right insurance policy for your needs. While nobody wants to experience a car accident, they are common. Making sure your interests are protected, whether you are the victim or at-fault, is essential.
At Chalik & Chalik Injury Lawyers, we handle personal injury claims and can protect your rights to compensation. Call us today at (855) 529-0269 to schedule a free consultation.

Question 28

What Qualifies As a Personal Injury?

Accepted Answer

Both intentional and unintentional acts can result in serious injuries and damages. But what qualifies as a personal injury, and when are you entitled to seek compensation? A claim qualifies as a personal injury if you experience emotional or bodily harm as a result of an action by another actor.
Defining Personal Injury
Common examples of conduct that can give rise to a personal injury claim include:

Assault and battery
Car accidents
Injuries suffered at work
Medical malpractice

Personal injury claims can exist regardless of whether the actor intended to commit harm or exercised negligence. If you are in a car accident and sustain injuries because another motorist was driving intoxicated or violating traffic laws, your claim qualifies as a personal injury even though the other motorist may not have intended to cause you harm.
Under personal injury laws, intent does not always matter. Individuals and companies both have a legal obligation to comply with a certain duty of care. Employers must follow certain safety regulations to ensure workers are protected. Failing to follow those guidelines can give rise to a personal injury claim if they suffer an injury while at work.
Certain criminal actions, like assault, are considered intentional torts, meaning the individual responsible for the injury acted with malice to cause harm to your physical and emotional wellbeing. In many cases, victims of crimes in Florida have a right to pursue civil damages against the offender, such as those defined under chapter 772 of the Florida statutes.
Types of Claims for Personal Injury
Recoverable damages in a personal injury claim are meant to restore the victim to the same position in life as if the injury never occurred. Because certain actions lead to permanent injuries, personal injury claims provide a mechanism for victims to be compensated for the damage to minimize the physical, psychological, and financial impact of the tortious conduct.
Another claim that qualifies as a personal injury is a loss of consortium, which means that the action resulted in you losing the ability to perform or benefit from aspects central to marriage or parenting. Sustaining an injury that limits your mobility can impact your marriage and romantic relationships, which is why personal injury claims allow you to receive financial compensation if an action prevents you from fulfilling your role as a spouse or parent.
Assessing Damages in a Personal Injury Claim
Economic damages are costs that are objective and can be itemized. Economic damages include things like medical costs. The amount of damages you receive depends on several factors, including:

Your age and overall health
The severity of your injuries
Whether the injuries are chronic
Whether the injuries limit your ability to work
Future costs associated with treating your injuries

If you are unable to continue working, your average annual income and your future earning potential are considered when assessing damages. Severe injuries that require lifelong management, such as chronic pain, can increase the amount of compensation you are entitled to receive.
Another important element used to evaluate compensation during a personal injury claim is whether the injuries impact your daily life. Injuries can include physical and emotional ones, as many victims experience distress, anxiety, and trauma. Losing the ability to work can allow you to collect future lost earnings. Factors that help decide how much you are entitled to receive in future lost earnings can include:

Whether you expected to earn a promotion
Job offers that you had at the time of the injury
Your education, work experience, and age
Whether the injuries preclude you from performing the same job in the future

The Evidence Needed To Pursue a Personal Injury Claim
It is quintessential to retain copies of related expenses, such as medical bills, following an injury. Documentation is necessary to prove the extent and severity of your injuries, making it important to keep relevant medical records. If you were in a car accident or a victim of a crime, police reports are another way to prove your injuries and establish that the other party is liable. Police reports include information about potential witnesses, which is beneficial if your case goes to trial.
A crime would qualify as a personal injury if you sustained harm, making police records a valuable piece of evidence.
Contact Chalik & Chalik Injury Lawyers Today
If you suffered a severe or disabling injury, it is best to contact an experienced personal injury attorney as soon as you can, as the Florida statute of limitations, § 95.11, for personal injury claims is two years. Retaining legal representation can help preserve your rights to a claim so that you can focus on your recovery.
At Chalik & Chalik Injury Lawyers, we know what it takes to get you the compensation you deserve. Call us today at (855) 529-0269 to discuss the details of your case and set up a free consultation.

Question 29

How Do You Respond to a Low Settlement Offer?

Accepted Answer

Personal injury claims do not always end up in court. Settlements on claims are commonly agreed upon by parties to avoid going to trial. If you are in a car accident or suffer an injury that entitles you to damages, the other party may approach you with a settlement offer. But how do you respond to a low settlement offer?
While the allure of a quick payout is enticing, understanding how to respond to a low settlement offer protects you from entering a binding agreement that is not in your interests. The complexities of civil litigation can make it hard to know what your claim is worth without consulting an attorney.
How Compensation Works
Personal injury claims can involve actual and non-economic damages. Actual damages involve expenses you incurred because of your injury and can be itemized. One way to prepare for how to respond to a low settlement offer is to review the bills associated with your accident, which gives you an idea of the minimum amount you will need to cover your expenses.
You can receive compensation for lost wages, which is another factor to consider before you respond to a low settlement offer. If an injury prevents you from returning to work or causes you to turn down a promotion, you can pursue compensation for future lost earnings.
Depending on the circumstances of your injury, you may also claim additional damages for the emotional and future harm you experience.
Non-economic damages can include:

Pain and suffering
Mental anguish
Loss of consortium
Loss of affection

With most personal injury claims, there are no caps on economic or non-economic damages.
If you need to respond to a low settlement offer, an attorney can help you review the offer before you answer. It never hurts to get a second opinion, as settlement negotiations are subject to change, and it may be difficult to accurately estimate your claim’s value without legal representation.
When To File a Claim
You must file a claim within the statute of limitations, as defined under Florida statue § 95.11, which begin to toll the day of your injury. The statute of limitations for personal injury claims is:

Two years for medical malpractice claims
Three years for claims against state actors and local governments, per Florida statute § 768.28(6)(a)
Unlimited for certain wrongful death claims
Four years for most other intentional and unintentional torts

There are some exemptions for filing claims late, but an untimely case can prevent you from recovering damages. If you sustained injuries from a car accident, you are entitled to benefits under personal injury protection (PIP) insurance, which has specific time limits on claims that vary depending on your insurance provider’s internal policies.
For serious injuries that prevent you from working, you may have to apply for additional benefits, such as unemployment or disability. Struggling with bills and debt can make it hard to respond to a low settlement offer objectively, as financial instability can increase your chances of accepting a poor offer.
The Value of Your Claim
Having an estimate as to what your injury claim is worth ensures you are prepared to respond to a low settlement offer.
Your Expenses
Analyzing your actual expenses, such as medical bills, lost wages, and property damage, provides an idea about the minimum you need to receive to reimburse your costs.
Travel
You should also consider things like travel costs to and from doctors’ appointments, as your injuries may prevent you from driving. If you sustained injuries in a car accident, your vehicle may be a total loss, which means you have costs associated with replacing your car or using alternate means of transportation.
Work Missed
The amount of time you miss from work can result in lost wages, which can become excessive if you suffer severe injuries. Personal injury claims help compensate you for medical and emotional pain, with the idea that compensation helps you return your life to the state it was before the accident.
Severity of Injuries
The severity of your injuries and how they impact your daily life are two major considerations when calculating the value of your claim. Future losses, such as a diminished earning capacity or loss of consortium, can also be compensated. If an injury is severe enough to deprive you of the benefits of marriage or parenting or requires a significant change to your daily life, you can receive damages for pain and suffering.
Non-Economic Damages
Since non-economic damages have no caps in most lawsuits, they are subjective and dependent on the circumstances of your case. Your personal injury attorney can assist you in determining the valuation on your non-economic damages.
Contact Chalik & Chalik Injury Lawyers Today
If you sustained injuries from an accident or believe you have cause to file a personal injury claim, working with an attorney ensures you have an advocate for the compensation you deserve. Call Chalik & Chalik Injury Lawyers today at (855) 529-0269 to schedule a free case evaluation or to discuss how to respond to a low settlement offer.

Question 30

Who Is Liable For a Slip and Fall?

Accepted Answer

There are many factors that can impact who is liable for a slip and fall case, which can make identifying those responsible quite complicated. Without the representation of an experienced injury lawyer, this can be a virtually impossible task to handle on your own. If you have questions relating to who may be held responsible for your slip and fall injury, call Chalik & Chalik Injury Lawyers at (855) 529-0269 for a case evaluation.
Multiple Parties May Be Liable for Your Injury
Determining who is liable for a slip and fall case can be complicated for many reasons. Often, there are multiple contributing individuals or groups who may be connected to a single negligence offense. Florida law does not limit the number of defendants who may be joined into a single lawsuit for negligence (Statute §768.81). Thus, any given slip and fall lawsuit in Florida could have a theoretically unlimited list of defendants.
In addition, more defendants may join the lawsuit from any time after the suit begins up until trial. This type of action is called joinder. Courts are inclined to grant requests to allow additional parties to join a lawsuit because it would be extremely inefficient to hold a separate trial for each defendant for a single cause of action.
So, it is possible that a case that begins with a relatively shortlist with a few defendants could increase to a much larger number of defendants as the investigation into the case progress.
To complicate matters further, each party will likely have a unique relationship to the cause of action. To demonstrate each defendant’s liability, each defendant’s connection to the misconduct in question must be individually proven by the plaintiff.
Even if there are multiple parties found to be liable, Florida allows a plaintiff to recover the entire amount of any compensation awarded from one defendant, and that the defendant may seek contribution for any percentage of which other defendants are found to be at fault.
If you are unsure of who may liable for your slip and fall injury, call Chalik & Chalik Injury Lawyers at 855-529-0269 for a free and confidential consultation.
We Will Identify Everyone Who Contributed to Your Injury
We will identify everyone who contributed to your injury and see that they pay their share of your recovery costs. This may include:

Employees

Individuals

Business owners

Companies

Liability insurers

Property owners

Property managers

Governments

Government agencies

Government officials

Municipalities

Contractors

At Chalik & Chalik Injury Lawyers, we are familiar with the various legal theories under which you may pursue recovery from every party who contributed to your injury.
How the Concept of Vicarious Liability Can Impact Your Case
A theory that is commonly used to connect an employer with the tortious acts of an employee is called respondeat superior, or vicarious liability (Florida Statute §440.11). This theory dictates that if an employee commits a tort while acting within the scope of their employment, the offender’s employer may also be held liable.
For example, if you entered a restaurant in Florida and slipped and fell after stepping in a puddle in the dining area, it is conceivable that the restaurant manager on shift could potentially be held liable. Under the theory of respondeat superior, the owner of the restaurant and the restaurant’s liability insurer could also be joined as defendants.
In Florida, you may still recover compensation for a slip and fall accident even if a jury finds that you were partially at fault for causing your own injury. Florida has adopted a pure comparative fault rule. Pure comparative fault is applied by subtracting any percentage of fault to which a jury has found you to have caused your own injury, from the amount of your recovery.
For example, if the value of a plaintiff’s injury-related losses is determined to be $10,000, and the jury finds that the plaintiff to be 10% at fault for their own injuries, the plaintiff will recover $9,000.
Let us take the guesswork out of determining who is liable for a slip and fall injury in Florida. We represent slip and fall clients on a contingency basis. There are no upfront fees, and you don’t pay us unless we recover compensation for you. Contact Chalik & Chalik Injury Lawyers at (855) 529-0269 immediately after a slip and fall to learn more.

Question 31

What Is the Statute of Limitations on a Slip and Fall?

Accepted Answer

Every state has laws that limit the time to file a lawsuit. These laws are generally known as statutes of limitations. These limits vary according to the cause of action upon which the lawsuit is being brought. The statute of limitations on a slip and fall claim in Florida (Statute §95.11) requires that these claims must be filed within four years of the date of the alleged offense. Contact our offices at (855) 529-0269 as soon as possible to see if Chalik & Chalik Injury Lawyers can help you start the process.
Effects of the Statute of Limitations on Florida Slip and Fall Claims
Florida’s statute of limitations on a slip and fall claim restricts the time for which a negligence (Statute § 768.0755) lawsuit may be commenced to four years. The purpose of these statutes is to establish uniformity and fairness among litigants by balancing the interests of all parties involved. If too much time passes after a cause of action arises, prejudice may affect a just resolution to the claim.
For example, after a certain amount of time passes, evidence may become too attenuated, and witnesses’ memories may fade. The statute of limitations has the effect of preventing undue prejudice to both sides by deterring plaintiffs from waiting too long to pursue their claims.
You Generally Have a Deadline of Four Years – But There Are Exceptions
If a slip and fall claim that arose in Florida is not filed within four years of the date that the cause of action occurred, the claim may be permanently barred from court. Accordingly, the statute of limitations on a slip and fall claim is a common defense raised by defendants and their insurers in such cases.
If the statute of limitations runs out on your claim, this will also affect your ability to negotiate a settlement. Once your legal standing is lost, you will no longer have leverage in settlement negotiations.
Fortunately, this rule is not absolute. The statute of limitations on a slip and fall claim is only one of the many considerations involved when bringing an action for negligence in Florida. Do not let a statutory expiration be the ultimate result of your claim. Call us today at (855) 529-0269 for a case evaluation.
How Chalik & Chalik May Help Advance Your Claim
There are some limited exceptions to the four-year limit imposed by the statute of limitations. For example, if an injury was not reasonably discoverable until months or years after the injury was inflicted, the court may take this into consideration in the event that a statute of limitations defense is raised.
However, most slip and fall injuries are immediately discoverable. If the court determines that you knew or should have known about the injury on the date the injury was sustained, the statute of limitations will begin to run on that date, no matter how extensive your injuries may be. The court may also consider other events which may have affected your opportunity to file a timely lawsuit, such as:

You were mentally or physically incapacitated by your injury.

The defendant is absent from Florida.

The defendant has concealed themselves to avoid service of process.

The defendant otherwise caused undue delays.

If the court finds that substantial justification exists, the court may toll (Florida Statute §95.051) the statute of limitations and allow your lawsuit to move forward. The exception relating to mental or physical incapacity is limited to seven years by statute. Even this exception does not provide you with an unlimited amount of time to commence your claim. Your claim must be still be filed promptly.
If your Florida slip and fall claim qualifies, we will file a timely lawsuit on your behalf to be sure that the statute of limitations does not affect your right to pursue compensation. If your ability to file suit was delayed or prevented in some way through no fault of your own, we will request that the court toll the four-year limit to avoid undue prejudice against your right to fight for compensation.
If the deadline for your claim is approaching or has past, and you would like to know more about how the statute of limitations is affecting your Florida slip and fall claim, call Chalik & Chalik Injury Lawyers now at (855) 529-0269 for a free and confidential consultation.

Question 32

How Long Does a Slip and Fall Case Last?

Accepted Answer

How long a slip and fall case lasts in Florida depends on the circumstances of each individual case. Some cases conclude within a few months, but it is also not uncommon for a Florida slip and fall claim to last several years. However, having an experienced slip and fall lawyer on your side could help to avoid unnecessary delays. Call us today at (855) 529-0269 for a free and confidential case evaluation.
Common Slip and Fall Claim Delays in Florida
The majority of slip and fall claims are ultimately resolved by settlements paid outside of court. However, many claims are ultimately litigated in court. Slip and fall claims that are decided at trial usually take longer than resolving by settlement because trials are usually scheduled to take place months from the day the trial date is set, so both sides have adequate time to prepare.
Once a complaint and answer have been served, the plaintiff will send the defense a demand letter that states the relief sought and the grounds which establish a basis of the demand. This process may include preliminary negotiations and take several weeks to complete, at a minimum. If no resolution is reached, both sides will begin the process of investigating the claim and exchanging evidence.
This process is called discovery, and it is subject to many complex legal rules. Witness depositions and written inquiries are conducted at this stage. This tends to prolong the outcome of every court case. Thereafter, there are often many additional procedural delays that accompany taking a case to trial.
Trials are usually preceded by multiple hearings that can vary in purpose. Most hearings are held to argue a motion or discuss various types of legal issues affecting the case. Every trial is preceded by a pre-trial hearing and may involve a theoretically unlimited amount of subsequent additional hearings. These hearings often consume a great deal of time and cause extra delays.
If the jury returns a verdict in your favor, the defendant may file an appeal within 30 days of the first final judgment. The case will then be reviewed weeks or months later by a court of higher authority for errors in legal procedure, causing a resolution to your court case to be prolonged even further.
Some common factors that may increase the duration of a slip and fall claim include:

The complexity of the event or negligence (Florida Statute §768.0755) that caused the injury

The number of parties to the case

The determination of comparative fault (Florida Statute §768.81)

The scope of the injury

The amount of evidence

The availability of witnesses

Depositions

Congestion of the court docket

Motions and hearings

Appeals

As the plaintiff, you may decide to accept a settlement offer and end your case when you choose. At Chalik & Chalik Injury Lawyers, we promptly communicate settlement offers to our clients with slip and fall claims because we know our clients want to have the maximum time possible to consider offers. Contact our offices today at (855) 529-0269 to discuss a case strategy that is right for you.
We Will Fight for You in Your Slip and Fall Case
Once you decide to let us represent you, we can discuss a strategy that may have the best chance of getting the compensation you deserve while also being mindful of how long a slip and fall case lasts. We identify any potential delays to revering compensation any explain them to you in detail, so that you can make an informed decision with respect to your claim. We immediately begin building your slip and fall claim by interviewing and deposing witnesses, determining the identity of every party who contributed to your injury, and estimating the actual value of your losses. Once we are fully prepared, we will negotiate settlements on your behalf. If necessary, we will take your claim to court.
Florida’s statute of limitations (Florida Statute § 95.11) dictates that all slip and fall actions must be commenced within four years of the date of the injury. The more complex your case, the longer it will take to prepare. If you have questions about how long your slip and claim will take, call Chalik & Chalik Injury Lawyers now at (855) 529-0269.

Question 33

Can I Sue For Slip and Fall?

Accepted Answer

If you have been injured in a slip and fall accident in Florida that was the result of someone else’s careless or intentional mistakes, you could be entitled to compensation for your losses. Do not wait to contact our offices and discuss your options. Call Chalik & Chalik Injury Lawyers today at (855) 529-0269 for a consultation.
Types of Recoverable Slip and Fall Losses in Florida
Florida law states that to find the defendant to be negligent (Florida Statute §768.81), the plaintiff must prove four elements. First, the defendant must have had a legal obligation to take action to prevent the plaintiff from falling. A duty may be owed to anyone who could foreseeably be injured by the defendant’s misconduct.
For example, if a grocery store manager failed to act when he knew that there was water on the floor in the grocery store and walking in that area was unsafe. Any person occupying the grocery store while the unsafe condition existed could be considered a potential plaintiff because anyone could slip and fall as a result of the grocery store manager’s failure to make the condition safe.
The plaintiff must also prove that the defendant failed to fulfill their duty to keep you safe, the defendant’s act or failure to act was the cause of the injury, and that the plaintiff was actually injured. If your claim meets all of these criteria, you may be able to recover money for:

Medical bills

Lost wages

Loss of future earning potential

Mental pain and suffering

Medical malpractice

Wrongful death (Florida Statute §768.21)

At Chalik & Chalik Injury Lawyers, we understand that slip and fall injuries can have serious effects on your life. If you have been injured, you may be experiencing a variety of different types of losses for which you may be entitled to compensation. If you decide to let us represent you, we will fight to recover money for:

Medications

Doctor’s visits

Hospital stays

Emergency transportation

Surgery

Physical therapy or rehabilitation

Time away from work

Job loss

Many forms of mental anguish are also recoverable, for example, if you are suffering from insomnia, anxiety, depression, post-traumatic stress disorder, or other ailments as a result of your slip and fall. We can help file a wrongful death claim if a loved one passed away in a slip and fall accident. Contact Chalik & Chalik Injury Lawyers now at (855) 529-0269, to discuss your potential recovery in further detail.
Chalik & Chalik Injury Lawyers Can Help You Pursue Recovery If You Sue for Slip and Fall
In Florida, you may still recover compensation and even sue for a slip and fall accident even if a jury finds that you contributed to your own injury. Florida has adopted a pure comparative fault rule. Pure comparative fault is applied by subtracting any percentage of fault to which a jury has found you to have contributed to your own injury from the amount of your recovery. For example, if the value of a plaintiff’s injury-related losses is determined to be $10,000, and the jury finds that the plaintiff to be 10% at fault for their own injuries, the plaintiff will recover $9,000.
Liability insurance companies are skilled at using this rule to reduce or deny the recovery of many claimants in Florida. Do not let this happen to you. If you qualify, we will pursue your claim regardless of the insurance company’s decision, even if we have to sue for slip and fall to recover the compensation you deserve.
Once you hire us to represent you, we immediately begin building your slip and fall claim by interviewing and deposing witnesses, reviewing medical records, scheduling doctor’s visits, determining the identity of every party who contributed to your injury, estimating the actual value of your losses, negotiating settlements on your behalf, and, if necessary, suing for slip and fall and litigating your claim in court.
Our firm represents slip and fall clients on a contingency basis. That means there are no upfront costs if we do not recover compensation for you. Florida law requires that all slip and fall complaints commence in court within four years, according to the statute of limitations. However, slip and fall claims can take years to develop. Call our offices immediately at (855) 529-0269 to get started.

Question 34

How Much Can I Win in My Lawsuit Against Truvada?

Accepted Answer

If you wish to file a claim for your injuries after taking TDF drugs, you are likely wondering how much you can win in your lawsuit against Truvada. Click here to learn more.
How Much Can I Win In My Lawsuit Against Truvada?
Without winning a lawsuit or settlement, it is difficult to even to estimate how much you can win in your lawsuit against Truvada. This assertion is true for almost every personal injury claim. The reason for this is that a judge or jury is responsible for deciding how much you should receive from a product liability claim. However, you can speak with a Florida personal injury lawyer to help you understand the types of compensation that you can pursue if you were injured after taking Truvada.
Multiple Forms of Compensation Are Available
The legal term for financial compensation in a product liability claim, like the Truvada lawsuits, is called damages. While there is not any amount of money that can make up for your bone or kidney injuries, receiving restitution for your financial, physical, and emotional losses ensures that someone else is being held accountable for their actions toward you.
In general, there are four types of compensation that Truvada injury victims or their loved ones can receive.
Economic Damages
Economic damages are the direct financial losses you experienced as a result of your TDF drug injuries. It is easier to estimate economic damages since they can be verified and accounted for by reviewing bills, invoices, and receipts. What makes them slightly challenging to evaluate is that they are contingent upon what the courts will approve or deny.
Economic damages are limited to medical necessity only and can include things like:

Current and future medical costs
Physical therapy
Dialysis treatments
Prescription medications
Travel costs for doctors’ appointments
Lost benefits and wages for missing work
Future lost wages

While the preceding list is not fully-exhaustive, it helps you understand the types of compensation for which you may be entitled and how much you can get for your Truvada lawsuit.
Again, courts will decide what is deemed a medical necessity, so it is critical that you keep an accurate record of all direct financial expenses throughout your Truvada lawsuit or settlement claim. The State of Florida does not impose a limit on economic damages.
Non-Economic Damages
Non-economic damages are the most challenging to estimate in a product liability lawsuit. Unlike economic damages, there is no empirical evidence that can verify the extent of their damages using mathematical observation.
Non-economic damages attempt to compensate you for your losses related to:

Pain and suffering
Mental anguish
Loss of enjoyment
Depression and anxiety
Wrongful death

Wrongful death non-economic damages are reserved for surviving family members who lost a loved one after succumbing to their bone and kidney injuries caused by Truvada and other TDF drugs.
Courts offer this form of compensation since they, too, are affected by the loss of their family member. Florida Statute §766.118 does not impose a limit on non-economic damages.
Punitive Damages
Punitive damages are a form of compensation that is meant to punish the offending party. While they are a rare form of award, you can request them during the course of your settlement negotiation or product liability lawsuit.
Florida Statute §768.73 imposes a limit on punitive damages. It is possible to collect up to three times the amount of your economic damages or $500,000, whichever is greater.
Current Status of Truvada Lawsuit Settlements
At this stage, there have been no settlements reached at this point in the Gilead Sciences lawsuits. Individuals who have opted-out of the class-action suit and pursued a civil lawsuit in their state of residence have yet to publicly-disclose the awards they have received, if any.
However, the level of negligence and subsequent injuries caused by Gilead Sciences’ actions mean that settlements could be significant.
Chalik & Chalik Injury Lawyers Is By Your Side When Pursuing Legal Compensation
Hiring a Florida personal injury lawyer who wants to win in your lawsuit against Truvada provides you with a legal strategy in pursuing damages for your injuries. If you believe you have a Truvada claim, you should contact the legal team at Chalik & Chalik Injury Lawyers. Contact our team for a free, no-obligation consultation by calling (855) 529-0269 today.

Question 35

Is There Currently a Truvada Class-Action Lawsuit?

Accepted Answer

Hundreds of patients who took Truvada have banded together under a California-based class-action lawsuit against the drug’s manufacturer, Gilead Sciences, Inc. for its negligent role in failing to warn individuals about the damaging side effects and misrepresenting the safety of its active ingredient, tenofovir disoproxil fumarate (TDF).
The class-action suit was filed and certified in the State of California by two patients and their attorneys. Florida residents have the opportunity to pursue a compensation claim after a favorable ruling. They can also opt-out and file personal injury and product liability claims in Florida instead. There are differences between these options that should be considered carefully.
If you or a loved one suffered from bone loss or kidney failure after taking Truvada, you have legal redress opportunities available for your damages. Speaking with a Florida personal injury lawyer can help you explore them further while establishing a qualified opinion on the best course of action for your specific situation.
Allegations Against Gilead Sciences
The first lawsuit against Gilead Sciences was filed in 2018 by two individuals whose health was affected by the drug, Truvada. The lawsuits specify that the active ingredient, TDF, caused significant side effects and health consequences that include bone and kidney damage.
The lead plaintiffs further allege that the manufacturer knew about the health risks of taking Truvada and failed to take appropriate action to alert them. The lead plaintiffs also state that Gilead Sciences began manufacturing a less toxic pre-exposure prophylaxis (PrEP) with the active ingredient, tenofovir alafenamide (TAF).
How Gilead Sciences Placed Profit Over People
Early testing of TAF indicated that it was safer to administer long-term over TDF. After discovering its efficacy, Gilead Sciences stopped conducting clinical research and deliberately delayed releasing the newer version of the PrEP drug in the name of profit.
The lawsuit goes on to say that Gilead Sciences was waiting for their TDF patents to run out before seeking TAF approval. Doing so would allow them to continue earning revenue from Truvada without market competition, since the patent does not run out until 2021. They are currently the only manufacturer who has the legal right to create TDF drugs.
HIV/AIDS Patients or Their Partners Were Affected
Since its 2001 release, HIV/AIDS patients and their partners on TDF drugs were taking it without fully understanding the associated inherent risks. A 2009 medical study initially drew attention to issues surrounding TDF-based medications.
Truvada and TDF drug injuries include bone and kidney problems that carry a significant impact on the health and quality of life for the victim.
Truvada Kidney Injuries
The lead plaintiffs in the class-action against Gilead Sciences are alleging that Truvada caused damages to their kidneys after long-term use. Types of kidney damage that Truvada and TDF drugs have caused include chronic kidney disease, renal failure, and kidney failure, among others.
Truvada Bone Injuries
In addition to kidney damage injuries, patients state that Truvada caused bone damage as well. Types of bone injuries that Truvada has been known to cause include tooth decay, osteoporosis, and bone loss, among others.
Injured Patients Who Took Truvada or Other TDF Drugs Have Legal Options
There are a few options available to individuals who were injured by taking Truvada and other TDF drugs. While there is an opportunity to obtain compensation from the current class-action suit in California, you can also pursue an award under product liability and personal injury claims through the Florida civil court system.
Both options carry significant legal implications, which means that speaking with a Florida personal injury lawyer can help you make a decision regarding the best course of action for you.
Contact Chalik & Chalik Injury Lawyers for a Free Consultation
The legal team at Chalik & Chalik Injury Lawyers is here to help you decide the most advantageous course of action if you suffered from injuries after taking Truvada. We offer a free, no-obligation consultation for affected individuals looking for more information. Contact our office to request yours by calling (855) 529-0269 today.

Question 36

How Much Can I Get for Pain and Suffering in a Truvada Lawsuit?

Accepted Answer

Patients who were prescribed Truvada have experienced health issues linked to the use of the popular drug. The complications that resulted primarily include kidney and liver damage. These injuries are not only costly to treat and manage, but they create a significant amount of physical and emotional stress on the person’s body.
If you sustained injuries after taking Truvada, you can not only file a claim for compensation related to your medical expenses but also for the emotional and mental stress you experienced, known as pain and suffering.
Two Types of Pain and Suffering Damages Available
Damages is a legal term that refers to the financial compensation amounts that civil courts award to prevailing parties. Injury victims experiencing the health consequences associated with Truvada may have two types of pain and suffering damages available to them when filing a claim:
Physical Pain and Suffering
Civil courts may award you compensation in relation to the trauma associated with being in physical pain. This form of damages not only accounts for the discomfort associated with kidney or liver damage already experienced, but it also considers the possibility of future suffering.
Mental Pain and Suffering
Mental pain and suffering is what people often associate with these types of damages. It is a broader category of mental and emotional trauma and can include things like:

Mental and emotional anguish
Loss of life enjoyment
Anxiety and shock
Other negatively impactful emotions

Like physical pain and suffering damages, mental pain and suffering not only considers the past and current effects of the psychological toll on your life, but it also compensates you for its potential future impact.
Calculating What You Can Get for Pain and Suffering in a Truvada Lawsuit
It is a challenge to calculate pain and suffering damages in a Truvada lawsuit without consulting a lawyer first. The biggest reason for this assertion is that pain and suffering is not easy to measure.
For example, calculating damages related to medical expenses is quantifiable by the amount of money that was billed to you or your insurer. While there are physical and mental pain and suffering damages available to Truvada injury victims, it is an amount that is generally determined through negotiations between parties or during a final trial in court.
Civil courts may approve the multiplier method to calculate your pain and suffering damages. It is a straight-line calculation that takes a number based on the severity of your injuries and multiplies it by your measurable economic costs.
As an example, the multiplier may be a “one” for less severe injuries or a “five” for the most severe. If the court determines your pain and suffering losses are a moderate “three” based on evidence and testimony, then you may be awarded an amount that is three times your actual monetary losses. This example is only one of many ways your pain and suffering damages may be calculated.
Maximum Amount of Damages You Can Get for Pain and Suffering in a Truvada Lawsuit
Several jurisdictions across the country place limits on the amount of money you can receive for pain and suffering damages. In Florida, there are currently no damages caps on what you can get for pain and suffering in a product liability claim, like the Truvada lawsuits.
Chalik & Chalik Injury Lawyers Can Pursue Pain and Suffering Damages
Chalik & Chalik Injury Lawyers can help you better understand what you can get for pain and suffering damages in a Truvada lawsuit, and then file a claim or lawsuit to begin pursuing them. Contact our legal team 24 hours a day, seven days a week for your free, no-obligation consultation by calling (855) 529-0269 today.

Question 37

How Do I Know if I Have a Case Against Truvada?

Accepted Answer

Truvada lawsuits fall under a branch of personal injury law known as product liability. Since 2018, patients have been coming forward with product liability claims that indicate the manufacturer of Truvada and other tenofovir disoproxil fumarate (TDF) drugs are responsible for causing their bone damage and kidney disease injuries. They are seeking financial compensation related to their losses.
You may have a case against Truvada’s manufacturer, Gilead Sciences, Inc., if your case meets the conditions of a product liability claim. However, the only way you can really know if you have a case against Truvada is by addressing the facts with a Florida personal injury lawyer.
The Elements of a Product Liability Claim Against Truvada
Product liability is the occurrence of a manufacturer, like Gilead Sciences, selling a product that is unsafe for human consumption or use. The primary elements of a product liability claim include the following:

The product caused you to become injured
The product was defective
The product’s defect caused your injury
You were using it as intended

Plaintiffs filing Truvada/Gilead lawsuits are claiming that Gilead Sciences produced a product that qualifies as product liability. A California civil judged agreed by certifying the lawsuit after it was filed.
Their chief allegations state that Gilead Sciences committed the following negligent acts:

It did attempt to correct the dangers of TDF drugs
It developed a safer alternative and withheld its sales
It did not adequately warn doctors of its use
It overstated the drug’s efficacy and safety

The biopharmaceutical company owed physicians and patients a duty of care. This duty should have been exercised by warning people of Truvada’s dangers, which it negligently avoided doing. You should have the opportunity to make an informed health care decision, and Gilead Sciences failed to allow this process to occur.
Discuss Your Health with Your Doctor If You Took Truvada
The most common injuries associated with taking Truvada and other TDF drugs include kidney damage, bone injuries, and lactic acidosis. These complications are severe and can be life-threatening, if left untreated. The reality is that some of these conditions do not even exhibit symptoms, which means that it is possible for patients not to notice that they have them until the diseases’ end stages.
If you took Truvada or other TDF drugs, like Viread, Atripla, Complera, and Stribild, you should ask your doctor to assess your bone and kidney health. He or she can provide clinical lab testing and analysis that can indicate if you have these and conditions, and if so, what may have caused them.
Talking to a Florida Personal Injury Lawyer Can Help You Understand Your Options
There is compensation for individuals, who experienced bone and kidney injuries, after taking Truvada. The Truvada lawsuits are highly technical and complex, which means that having trusted legal counsel on your side is essential to effectively manage your compensation claim.
You may be able to receive restitution for your losses related to medical costs, time missed at work, and mental anguish, among others. Patients should not have to pay for their injuries caused by a negligent corporation who understood the health risks associated with their product and continued to market them anyway.
Chalik & Chalik Injury Lawyers Invites You to Discuss Your Case with Our Legal Team
Determining where and how you should file your Truvada personal injury claim is not something you have to endure alone. The legal team at Chalik & Chalik Injury Lawyers is here to help you through the process when pursuing financial compensation from negligent parties. To know if you have a case against Truvada, contact us for a free, no-obligation consultation—call (855) 529-0269 today.

Question 38

How Can The Truvada Lawsuit Help Me?

Accepted Answer

There are several benefits of filing a Truvada lawsuit against its manufacturer, Gilead Sciences, Inc. Not only do the Truvada lawsuits support the interest of public safety, but they also allow injury victims to pursue compensation for their losses.
The best way to determine your specific advantages is by speaking with a personal injury lawyer. They can review the details of your case and advise you on a legal strategy that is appropriate for you.
The Truvada Lawsuit Helps You Recover Your Losses
Are you wondering, how can the Truvada lawsuit help me? The Truvada lawsuit can help you seek financial restitution related to your financial, physical, and emotional losses. In Florida, Truvada injury victims can file a claim related to their economic and noneconomic damages. Damages are the monetary awards that civil courts provide to prevailing parties.
If you sustained injuries after taking Truvada, you have the opportunity to obtain the following:

Medical expenses and costs
Lost wages and benefits
Pain and suffering
Loss of life or wrongful death
Loss of enjoyment

The preceding list is not entirely exhaustive. A personal injury lawyer can help you understand the most advantageous strategy through their legal counsel.
Truvada Lawsuits Protect Public Safety
The second way that the Truvada lawsuit can help you is that it protects public safety. When a company like Gilead Sciences, Inc. is legally held accountable for its actions, it raises awareness, creating opportunities for restitution, and catalyzing change.
There are too many instances, like the allegations stemming from the Truvada lawsuit, of corporations putting profit over people.
There are lawsuits filed against Gilead Sciences, Inc. in Los Angeles and Louisiana.
In addition to creating privatized changes, lawsuits can alert government organizations to the occurrence of illegal business practices involving product liability.
The Truvada lawsuits have already resulted in government action against Gilead Sciences, Inc. for patent infringement. The lawsuit alleges Gilead Sciences, Inc. committed patent infringement by unlawfully using a combination of medications upon which the Centers for Disease Control and Prevention (CDC) already holds a patent.
The reach of a class action lawsuit can extend far beyond traditional compensation.
What to Do if You Think You Have a Truvada Case
The first step in confirming that your bone and kidney injuries are related to Truvada use is by visiting your primary care provider. They can perform tests and lab workups necessary to verify that a condition exists. Your primary care provider also can explain how they think you contracted your symptoms.
A natural step in filing a claim for compensation is speaking with a personal injury lawyer. They have the requisite knowledge and experience to help you establish a practical course of action that fits your specific situation.
Whether you seek compensation through a class action or independent lawsuit, time limits exist on your ability to file a claim. It is imperative that you talk to a legal professional as soon as possible.
Chalik & Chalik Injury Lawyers Are Prepared to Advocate on Your Behalf
The legal team at Chalik & Chalik Injury Lawyers understands that it can be stressful to manage your health while seeking compensation from a large corporation in court. We advocate for your rights throughout the entire process. Contact us for a free, no-obligation consultation by calling (855) 529-0269 today. You pay us nothing unless you win your case.

Question 39

How Can Chalik &#038; Chalik Help Me Win a Truvada Settlement?

Accepted Answer

Working with a Florida personal injury lawyer from Chalik & Chalik Injury Lawyers has several advantages when pursuing a compensation claim against the manufacturers of Truvada, Gilead Sciences, Inc. Our legal team can file a claim for compensation on your behalf while providing trusted legal counsel throughout the entire process.
You are not alone in your fight toward receiving restitution for the losses you experienced. California HIV patients have filed a class action and personal injury cases against Gilead Scienes. You can join them. There are options available to you and your loved ones. For more information, contact our office at (855) 529-0269 today. Chalik & Chalik Injury Lawyers wants to help you win a Truvada settlement by building a strong case.
Chalik & Chalik Injury Lawyers Exceeds Client Expectations
Chalik & Chalik Injury Lawyers is a team of legal professionals who provide you with dedicated and compassionate care that goes the extra mile. It is our mission and pleasure to know that our partners and staff members will treat you like family. You will notice the difference in service when you work with our firm.
Experience You Can Rely On and Trust
The team at Chalik & Chalik Injury Lawyers is comprised of Florida personal injury lawyers who bring years of personal injury, product liability, and medical malpractice experience to the table. We leverage this element of service in favor of our clients so that they can draw upon our unique knowledge when filing a compensation claim related to their Truvada injuries.
We Have the Resources that Help You Win a Truvada Settlement
Successfully litigating a product liability claim is not accomplished alone. Chalik & Chalik Injury Lawyers have the tools and resources necessary that a case of this complexity and technicality requires.
When you hire our legal team, you have peace of mind in knowing that we will take your case on contingency and have the capital resources and professional connections available to help you win a Truvada settlement.
Benefits of Hiring a Florida Personal Injury Lawyer
The most significant reason for hiring a Florida personal injury lawyer is that legal proceedings involving compensation related to your losses are highly technical and complex. Litigating a case of this magnitude is difficult for even healthy individuals to accomplish. Working with Chalik & Chalik Injury Lawyers will handle every aspect of your case while being available to answer your questions throughout its duration.
You do not have to worry about how you are going to fund depositions, expert testimony, and other costs associated with proving your claims against Gilead Sciences.
You can expect that their lawyers are going to be aggressive in their defense, since you have an opportunity to pursue compensation for your financial, physical, and emotional injuries, including:

Current and future medical costs
Lost wages and work benefits
Pain and suffering
Loss of enjoyment
Wrongful death
Punitive damages

While the preceding list is not entirely complete, it helps you understand how the legal team at Chalik & Chalik Injury Lawyers will pursue compensation on your behalf. Time limits exist on your ability to file a claim, which means that you should contact our office as soon as possible to discuss your specific situation for practical insight.
Let Chalik & Chalik Injury Lawyers Know How We Can Help You
The focus of our law firm centers specifically on personal injury claims, like the ones being filed against Gilead Sciences. Therefore, we are in a practical position to offer you comprehensive and empathetic legal care when you work with a Florida personal injury lawyer at our firm.
Chalik & Chalik Injury Lawyers wants to help you win a Truvada settlement if you sustained injuries after taking the drug. We can only do this if you get in touch. We are offering you or your loved one a free case review with our compassionate team by calling (855) 529-0269 today. You may have a limited time to pursue damages under Florida Statute Sec. 95.11.

Question 40

HIV 101—the Basics and Prevention

Accepted Answer

Human immunodeficiency virus (HIV) is a health condition that prevents a person’s immune system from fighting infections. HIV can eventually cause the potentially life-threatening disease acquired immunodeficiency syndrome (AIDS). As such, learning about HIV 101—the basics and prevention—is vital.
The transfer of blood and sexual fluids are the leading causes of HIV. People can prevent HIV by practicing safe sex, not sharing injection needles, and taking specific medications that mitigate its synthesis.
How Humans Contract HIV
HIV is spread through a medically recognized mechanism known as HIV transmission. It is spread through person-to-person contact, where one individual has the disease. It can be transmitted through the following types of bodily fluid:

Blood
Seminal fluid
Vaginal fluid
Rectal fluid
Breast milk

The transmission may occur if these fluids come in contact with damaged tissues, mucous membranes, or the bloodstream. The most common locations of mucous membranes are found in the vagina, penis, rectum, or mouth.
Women who are pregnant can spread HIV to their babies before, during, or after childbirth or through breastfeeding. Prior to advancements in medical technology, blood transfusion or organ donation recipients were at risk for exposure to HIV and AIDS infections. People cannot contract HIV or AIDS from hugging, shaking hands, or kissing, nor can you get it from using the same toilet or sharing food.
Symptoms and Phases of HIV and AIDS
Symptoms of HIV or AIDS vary and depend upon the individual and current phase of either disease. There are four phases of HIV and AIDS and include the following symptoms associated with each stage:

Acute HIV: The start of HIV seems to present with flu-like symptoms about two weeks after the virus enters a person’s body. Common symptoms include fever, aches, sore throat, and swollen lymph nodes.
Chronic HIV: Chronic HIV looks like acute HIV, except that it is causing ongoing symptoms. If left untreated, chronic HIV may last for around ten years, but can also be much longer or shorter.
Symptomatic HIV: This phase is the third progression of HIV as the virus continues to attack immune cells. Chronic symptoms include fever, weight loss, fatigue, and swollen lymph nodes.
AIDS Progression: Thanks to modern medicine, it is rare to see HIV progress to AIDS, since it is the last stage of the disease where the immune system is significantly damaged. Symptoms of AIDS include night sweats, fever, lesions, weight loss, and rashes.

There are several prevention methods that are available to both positive and non-positive individuals. Understanding what they are is critical to prevent the contraction and transmission of the virus.
Methods for Preventing the Spread of HIV
While there is no cure or vaccine that can prevent HIV, there are methods that individuals can incorporate into their lifestyles, which can protect themselves and others from contracting it.
The following methods are the medically recognized methods for preventing the spread of HIV:

Practice safe sex by wearing a condom.
Inform sexual partners if you are HIV positive.
Use clean needles for drug injections.
Tell your doctor if you are HIV positive and pregnant.
Consider male circumcision.
Take a pre-exposure prophylaxis (PrEP).

If you have additional questions regarding the basics of HIV, AIDS, or their prevention, you should talk to your primary care physician for specific medical advice.
Truvada Gave Rise to Other Health Conditions
One of the most highly recommended ways to prevent contracting HIV or AIDS is through the use of PrEP medications, which is why Truvada’s maker, Gilead Sciences Inc., is being accused of negligence after selling a drug that caused additional health problems.
While it may have been effective in preventing and managing HIV and AIDS, it did not come without a high cost and toll on another person’s life, primarily bone and kidney damage.
Contact Chalik & Chalik Injury Lawyers if You Believe Truvada Caused Your Bone or Kidney Injuries
Truvada injuries have severely impacted the lives of the patients who take it when they thought they were doing the right thing. At Chalik & Chalik Injury Lawyers, we are here to help you through this difficult time. Please call our team of legal professionals for a free case review (855) 529-0269 today.

Question 41

Is Truvada Prescription Considered Malpractice?

Accepted Answer

Truvada prescription is not considered malpractice.
What You Need for a Medical Malpractice Case
To have a valid medical malpractice case, you need to prove the following:

You had a doctor-patient relationship.
Your doctor failed to uphold the standard of care.
This failure caused your injuries.
You suffered damages.

In most cases, the standard of care argument is where your case might fall flat. To establish your doctor violated the standard of care, we must prove that your doctor did or did not do something that a medical professional in the same situation with similar training would have.
Because countless doctors have prescribed Truvada to lower the risk of contracting HIV, it would be difficult to prove they failed to uphold the standard of care.
Dozens of Plaintiffs Have Filed Product Liability Cases Against the Manufacturer
While a medical malpractice case may be difficult to prove, dozens of plaintiffs have filed product liability cases against Truvada’s manufacturer, alleging that Gilead Sciences, Inc.:

Knew the dangers associated with its tenofovir disoproxil fumarate (TDF) medications
Failed to fix the defect or warn consumers about the dangers of using TDF medications
Held off on releasing a safer product it had created years prior until a year before the patent ran out on its TDF medication (This allowed the company to receive billions in profit while putting consumers’ lives in danger.)

A Medical Malpractice Lawsuit Is Not Out of the Question
As more information is coming to light about the dangers of TDF medications and how much safer tenofovir alafenamide (TAF) medications are, doctors may face malpractice claims and lawsuits if they fail to prescribe the safer option.
Differences in Product Liability and Malpractice Case
Understanding the differences between product liability and medical malpractice can help you feel more prepared regarding the direction in which your claim for compensation may go. Both of these areas of law fall under the broader umbrella of personal injury law.
A personal injury case is actionable when it meets the following elements:

Someone else owed you a duty of care.
They did not meet that duty of care.
The breach caused you harm.
You sustained financial losses from your injuries.

While the list above is overly simplified, it gives you an idea as to what constitutes a personal injury case. Under product liability and malpractice laws, these sub-areas of the law carry separate nuances and requirements to meet their specific criteria.
Product Liability
Product liability cases, like the class action suit pending against Gilead Sciences, Inc., are the result of a manufacturer developing, making, and selling a defective product.
Medical Malpractice
Medical malpractice mirrors the elements of a personal injury case except that it involves allegations of negligent care by a medical provider. The medical provider can be one person, such as a doctor or nurse, or an institution like a hospital. To have a valid medical malpractice case, you must prove the doctor failed to uphold their standard of care.
When Truvada Could Become A Medical Malpractice Case
While the pending lawsuit against Truvada falls under product liability, there are certain instances in which elements of the case could fall under malpractice.
Patients who have a history or current diagnosis of bone, liver, and kidney problems should not receive a prescription for Truvada and other TDF drugs. Medical providers who prescribed Truvada to patients who have these health issues may be in breach of the standard of expected patient care.
What to Do If Medical Malpractice Played A Role in Your Truvada Injuries
Patients who suspect their Truvada prescription should be considered medical malpractice can discuss their legal options with a personal injury lawyer. Compensation is available to malpractice victims if their doctor knew about the risks associated with Truvada and other TDF drugs but prescribed them anyway.
Chalik & Chalik Injury Lawyers Can Help You With Your Case
Chalik & Chalik Injury Lawyers’ legal team is poised to help you. We can help you determine if your Truvada prescription is a medical malpractice case or a product liability claim. You or your loved one can contact our office for a free case review evaluation by calling (855) 529-0269.

Question 42

What Are the Main Symptoms of Kidney Failure?

Accepted Answer

One of the long-term side effects of taking Truvada long-term is kidney failure. It is a condition that causes the prevents kidneys from working correctly and filtering toxins from the body. Individuals with kidney failure experience a reduction in urine production, fatigue, nausea, and confusion, among others. End-stage kidney failure requires patients to undergo routine dialysis or receive a kidney transplant.
The early signs of kidney failure begin with swelling in the limbs, shortness of breath, and decreased urination. If you are concerned about your kidney health after taking Truvada, it is critical that you visit with your primary care physician to ensure that your health and well-being are protected.
Kidney Failure Prevents Your Body from Removing Toxins
The kidneys are located near your lower back, and there is one on each side of your spine. Their function is to filter out toxins from your bloodstream. Toxins are sent to your bladder, which then expels the waste.
Kidney failure is the occurrence of your kidneys being unable to perform this function. Typically, kidney failure occurs after physical trauma, chronic diseases, dehydration, and exposure to certain medications. Truvada lawsuit plaintiffs are alleging that the tenofovir disoproxil fumarate (TDF) medicine is the chief cause of the condition.
There are five types of kidney failure that patients may experience:
Acute Prerenal Kidney Failure
If there is not enough blood getting to the kidneys, the outcome can result in acute prerenal kidney failure. Blood delivers the necessary components that your kidneys need to filter out toxins. Doctors can typically treat and cure this type of kidney failure.
Acute Intrinsic Kidney Failure
Trauma or impact on the kidneys can cause acute intrinsic kidney failure. It is the type of kidney failure that results after an accident involving severe impact. Health consequences of acute intrinsic kidney failure can include shock, internal bleeding, and renal blood vessel obstruction.
Chronic Prerenal Kidney Failure
Kidneys can also shrink from not receiving enough blood. When this occurs, individuals are diagnosed with chronic prerenal kidney failure. This form of kidney failure is different from acute since it is long-term and persistent.
Chronic Intrinsic Kidney Failure
There are instances where kidneys do not receive enough blood or oxygen. Chronic intrinsic kidney failure is the result of the long-term damage that physical trauma or impact caused.
Chronic Post-Renal Kidney Failure
A blocked urinary tract can cause diminished kidney function. Chronic post-renal kidney failure causes pressure to build up, which can result in eventual kidney damage.
The Main Symptoms of Kidney Failure Are Life-Changing
Some individuals do not discover that they have kidney failure until the late stages. At that point, his or her health becomes challenging to manage since it requires advanced medical care and treatment. However, patients may notice the following symptoms of kidney failure, including:

A reduction in urine production
Limb swelling
Shortness of breath
Fatigue
Chronic nausea
Confusion
Chest pain
Seizures
Coma

There are symptoms of early kidney failure that can occur. Early signs of kidney failure include limb swelling, shortness of breath, and a reduction in urine output. People, who are concerned about the health of their kidneys, should talk to their doctor to determine if Truvada use or other factors could have contributed to the condition.
Truvada Victims Experiencing the Main Symptoms of Kidney Failure Have Legal Options
If you suspect that Truvada or other TDF medications played a role in your kidney failure, there are legal opportunities for financial restitution available. Your doctor may rule out lifestyle and biological factors that could indicate that Truvada is the culprit for your condition.
The Legal Team at Chalik & Chalik Injury Lawyers Is Here to Help
Patients suffering from kidney failure after taking Truvada should discuss the details of their case with a Florida personal injury lawyer. Chalik & Chalik Injury Lawyers invite you to contact us for a free, no-obligation consultation by calling (855) 529-0269 today.

Question 43

The Main Bone Injuries Caused by Truvada

Accepted Answer

Many patients who took the prescription drug Truvada or other tenofovir disoproxil fumarates (TDFs) strongly believe that their bone injuries are directly linked with taking the medications. In 2018, HIV and PrEP patients filed a California  personal injury case over Gilead’s TDF-based drugs. These patients took Truvada long-term and sustained bodily harm and financial losses related to its use.
Clinical studies and research have supported the claims that TDF drugs can cause bone injuries like fractures, osteoporosis, and osteopenia. While TDF drugs, like Truvada, are effective at preventing the cellular synthesis of HIV or AIDS cells, it did not come without inherent risks that its manufacturer, Gilead Sciences, Inc., failed to share with patients.
Since Truvada and its successors are the only drugs approved to work as a pre-exposure prophylaxis (PrEP) medication, individuals were particularly vulnerable to the dominant market position of Gilead Sciences, Inc.
If you or a loved one suspect that Truvada or other TDF drugs are responsible for your bone injuries and financial losses, there are options available for legal restitution. The most effective way to establish a compelling legal strategy can be achieved by discussing your case with a Florida, personal injury lawyer. Call Chalik & Chalik Injury Lawyers at (855) 529-0269 today for a free case review. We work with our clients directly to pursue the compensation they deserve.
The Main Bone Injuries Caused by Truvada Are Severe
Patients who took Truvada and other TDF-based drugs are experiencing problems and health complications relating to their skeletal systems. The main bone injuries caused by Truvada include osteoporosis and osteopenia, which have the following indications:
Osteopenia
Osteopenia occurs when a mild or moderate bone mineral loss is present in the patient’s body. TDF drugs, like Truvada, are also known to exacerbate this condition in individuals who already have a positive osteopenia diagnosis.
The most common sign of osteopenia includes unusual fractures due to brittle bones. It is a condition that is often the precursor to osteoporosis. Truvada litigants state that the warning labels did not sufficiently warn patients about the dangers of osteopenia and TDF drugs.
Osteoporosis
Osteoporosis is a condition that causes a person’s bones to become abnormally porous. There is no known cure for osteoporosis. It is a condition that is considered to be life-changing. The disease can be a challenge to diagnose since outward physical symptoms generally are not present.
Physicians often discover osteoporosis in patients after they sustain one or several fractures that are unusual. Bone density measurements can reveal the condition as well. For some patients, they are not even aware that a fracture has occurred, and instead, it manifests as radiating pain. When left untreated, quality of life can rapidly diminish for its sufferers.
Normal Versus Abnormal Bone Problems
While bone density loss is part of the aging process, patients who took Truvada or other TDFs experience an acceleration of these conditions. Anyone who took these medications is at an increased-risked and should discuss health concerns with their primary care physician to determine if Truvada may have been a contributing factor in their osteopenia or osteoporosis diagnosis.
For a free case review, call Chalik & Chalik Injury Lawyers at (855) 529-0269 today.
Compensation Is Available for Truvada Injury Victims
Truvada injury victims have the opportunity to pursue compensation for their financial losses related to bone injuries. Due to the unique nature of a class-action lawsuit, it is essential that you discuss your options with a Florida personal injury lawyer to help you determine a legal strategy that best suits your situation and needs.
Time limits do exist in filing a claim, which means that you should address your questions as soon as possible to avoiding missing this critical deadline.
Contact Our Legal Team at Chalik & Chalik Injury Lawyers
Chalik & Chalik Injury Lawyers are prepared to pursue a compensation claim against Gilead Sciences, Inc. for Truvada injury victims in Florida. Contact our office for a free, no-obligation consultation by calling (855) 529-0269 today for more information.

Question 44

The Statute of Limitations for Truvada Lawsuits

Accepted Answer

In California, there is a pending class-action lawsuit against Gilead, Inc., the manufacturer of Truvada. A Los Angeles County civil court judge approved its certification in 2018 after two patients came forward asserting that they sustained bone and kidney injuries from Truvada and other tenofovir disoproxil fumarate (TDF) drugs.
Florida residents, who suspect that Truvada played a significant role in their injuries, should be aware that time limits exist on their ability to file a claim for compensation.
You must be aware of the statute of limitations for Truvada lawsuits, whether you are waiting for the class-action suit’s final verdict or pursuing a personal injury claim in Florida civil courts.
Since time limits apply, you should discuss the details of your claim with a Florida personal injury lawyer to avoid missing critical deadlines. Doing so could affect your ability to receive financial compensation.
The Statute of Limitations for Truvada Lawsuits in Florida
A statute of limitations refers to the deadline that a person has to file a lawsuit against another party in civil court. Depending upon the type of claim you are filing against the makers of Truvada, different time restrictions will govern the time horizon by which you can file a claim.
Florida Product Liability Statute of Limitations
Florida patients who were injured by Truvada may file a product liability claim. The Florida statute of limitations on product liability claims is limited to four years from the date of injury. Product liability cases involving wrongful death have a shorter time horizon of two years from the patient’s date of death.
Florida Medical Malpractice Statute of Limitations
While the pending class-action suit against Gilead Sciences is not considered medical malpractice in and of itself, injured patients may have a separate medical malpractice claim in Florida if their medical provider negligently prescribed Truvada and other TDF drugs to patients who are at higher risk for injuries related to bone, liver, and kidney damage. The statute of limitations placed on a Florida medical malpractice claim is two years.
What to Do If You Think You Missed the Statute of Limitations
If you believe you missed the statute of limitations related to your Truvada injuries, you still have legal options available. In addition to statutes of limitation, Florida offers injured parties another timeline that accounts for injuries sustained after the deadline has passed, but may not have been discovered until later.
You should discuss the timeline of your case with a Florida personal injury lawyer to help you determine the opportunities available to you or your loved one.
Compensation Is Available to Injury Victims
Patients, who were injured after taking Truvada and other TDF drugs, have opportunities for legal restitution related to their losses. You can file a claim for the following types of monetary awards, including:

Current and future medical bills
Lost benefits and wages for missing work
Pain and suffering
Wrongful death
And more

While the preceding list is not exhaustive, a Florida personal injury lawyer can help you understand the types of compensation for which you may request in civil court. Affected patients can choose to pursue compensation through the current class-action lawsuit or file a personal injury claim here in Florida.
Contact Chalik & Chalik Injury Lawyers Before Your Time Runs Out
Time limits exist on product liability claims against the manufacturer of Truvada. The legal team at Chalik & Chalik Injury Lawyers invites you to discuss the details of your case with our office during a free, no-obligation consultation. You can request yours by calling (855) 529-0269 today.

Question 45

The Main Kidney Injuries Caused by Truvada

Accepted Answer

Since 2001, Gilead Sciences Inc. has been developing several generations of antiretroviral (AR) drugs containing the active ingredient, tenofovir disoproxil fumarate (TDF). It is an ingredient known to cause bodily harm and health complications for patients who took them long-term.
TDF drugs have been reformulated and rebranded under several names aside from Truvada, including Viread, Atripla, Complera, and Stribild. The medications were approved by the FDA to treat and prevent the cellular division of HIV, AIDS, influenza, hepatitis B, and hepatitis C diseases.
A 2018 class-action lawsuit filed by patients in California alleges that Truvada and other TDF drugs are responsible for significant injuries related to their kidney problems. The filed petition further states that Gilead knew about how PrEP changes kidney function and negligently withheld critical information from patients and their physicians.
If you or a loved one sustained kidney injuries after taking Truvada, you can file a claim for compensation under the current class-action suit or pursue options available through Florida civil courts. Speaking with a Florida personal injury lawyer can help you understand your options for the most advantageous result.
The Link Between TDF Drugs and Kidney Problems
The lead plaintiffs, who filed the California class-action lawsuit, believe that a direct link exists between their kidney problems and the line of TDF drugs produced by Gilead Sciences. Their claims are further supported by the fact that the biopharmaceutical company had developed a safer alternative of nucleoside reverse transcriptase inhibitors (NRTIs) using the active ingredient, tenofovir alafenamide (TAF). The lawsuit states that Gilead Sciences developed TAFs more than ten years ago but did not release the formulation in order to continue driving profits of their TDF medications.
The Main Kidney Injuries Caused by Truvada Are Severe
Clinical studies have steadily drawn a strong correlation between kidney injuries and TDF drug use. While they are effective in preventing the synthesis of HIV and AIDS cells, their benefits did not come without significant health consequences.
The main kidney injuries caused by Truvada include the following health conditions:

Acute renal failure (ARF): ARF occurs when the build-up of waste in the bloodstream becomes toxic. While some patients do not experience ARF symptoms, others commonly experience decreased urine, fatigue, eye and ankle swelling, nausea, dizziness. In general, dialysis is required to treat ARF.
Chronic kidney disease (CKD): CKD occurs when long-term diminished kidney function is present. Common symptoms experienced by patients include a weakened immune system, pulmonary edema, and abnormal heart rate. In general, CKD results in end-stage renal failure and requires a kidney transplant or regular dialysis for survival.
Renal tubular acidosis (RTA): RTA is the result of an excess of acidity throughout the body and is fatal if left untreated. Signs of RTA include painful urination, muscle weakness, vomiting, and fatigue. If RTA goes undiagnosed, patients can experience CKD, ARF, bone disease, and kidney stones.
Fanconi syndrome: Fanconi syndrome is a severe but rare complication of taking TDF drugs. It is a condition that prevents the body from absorbing vital nutrients it needs to survive. A loss in electrolytes and bicarbonates causes suffers to experience muscle weakness, fractures, and pain.

Individuals Most At-Risk for Kidney Problems After Taking Truvada or Other TDF Drugs
While anyone, who took Truvada or other TDF-based drugs, is at risk, there are populations more susceptible to kidney problems than others. Risk factors associated with kidney issues include:

People aged 50 and older
African-American individuals
Patients who are underweight
Patients with abnormal cell counts

If you have been prescribed Truvada and meet the criteria for at-risk factors or experience symptoms that could indicate kidney problems, you should discuss your medical concerns directly with your primary care physician.
If You Sustained Kidney Problems After Taking Truvada
If you believe that you are experiencing the main kidney injuries caused by Truvada or other TDF medications, there may be legal remedies available. You can pursue compensation from a few angles, so it is critical that you speak with a Florida personal injury lawyer as soon as possible to avoid missing deadlines associated with your claims.
Chalik & Chalik Injury Lawyers Helps Truvada Injury Patients
The legal team at Chalik & Chalik Injury Lawyers is prepared to offer experienced and trusted representation to individuals suffering from the main kidney problems after taking Truvada. You can request your free consultation by calling (855) 529-0269 today.

Question 46

Medication Options for HIV Prevention

Accepted Answer

Clinical studies for medication options for HIV prevention, like Truvada, have proven to lower a person’s viral load count, stave off infection, and improve his or her quality of life. Classified as nucleoside reverse transcriptase inhibitors (NRTIs), the pre-exposure prophylaxis, or PrEP drugs, do not cure HIV, but instead, they work by using compounds that prevent its synthesis.
While tenofovir disoproxil fumarate (TDF) medications are effective solutions for use as PrEP, there are alternatives on the market that doctors prescribe to their patients, as well.
Types of Medication Options for HIV Prevention
While Truvada was the most widely sold brand of antiretroviral (AR) drugs, there are several medication options for HIV prevention alternatives on the market that may be safer and just as effective as their predecessors.
Here is a closer look at the classifications approved by the U.S. Food and Drug Administration (FDA) for HIV prevention:

Nucleoside reverse transcriptase inhibitors (NRTIs): This classification of drugs works to weaken the effect of HIV by causing the virus to use its most fragile building blocks. This effect prevents them from multiplying. Common active ingredients found in NRTIs include TDF, TAF, and emtricitabine.
Non-nucleoside reverse transcriptase inhibitors (NNRTIs): NNRTIs work by binding to the proteins found in HIV and halting its cell division. Common active ingredients found in NNRTIs include efavirenz, rilpivirine, and etravirine.
Protease inhibitors (PIs): Protease inhibitors work like NNRTIs by blocking proteins that create new HIV particles and cells. Common active ingredients found in PIs include indinavir, tipranavir, and ritonavir.
Integrase strand transfer inhibitors (INSTIs): INSTIs prevent HIV from making copies of itself in the human body. They accomplish this function by blocking proteins that perpetuate and spread the virus. Common active ingredients found in INSTIs include elvitegravir, dolutegravir, and raltegravir.
Fusion inhibitors: Fusion inhibitors stop HIV from entering healthy cells before they have a chance to infect them. The only active ingredient available as a fusion inhibitor is enfuvirtide under the brand name, Fuzeon.
CCR5 Antagonists: CCR5 antagonists work similarly to fusion inhibitors, except that they erode the components that cause HIV to hook into other cells. The only active ingredient available as a CCR5 antagonist is maraviroc under the brand name Selzentry.

As you can see, there are several drug classes available on the market to prevent the spread and synthesis of HIV. Doctors also use fixed-dose therapy combinations to strengthen the medications and their effectiveness for individuals who are at high risk of exposure. They combine several of the drug classes and active ingredients to produce a result that protects the patient from contracting HIV.
HIV Treatment Can Create Health Complications
HIV treatment and prevention can be stressful for patients since they may be taking several pills throughout the day for the rest of their lives. Not to mention that prescription drugs tend to have moderate to severe side effects. Most commonly, patients may experience the following:

Nausea
High cholesterol
High blood sugar
Muscle loss
Heart disease
Bone density loss
Kidney damage

Doctors will monitor your health while you take the medications. If you have concerns that the NRTI class of AR drugs, known as TDFs, has caused any injuries to your bones, kidney, or other tissues, you should discuss them with your doctor. He or she can evaluate you for TDF injuries, like the ones associated with Truvada.
If your doctor confirms a bone or kidney injury diagnosis, you have legal options available when it comes to financial compensation. You do not have to pay for injuries that you did not cause. Speaking with a Florida personal injury lawyer can offer insight and guidance as to how you can proceed.
Contact Chalik & Chalik Injury Lawyers for More Information
At Chalik & Chalik Injury Lawyers, we are prepared to offer you counsel and legal support throughout the entire claims process. You are not alone when you hire one of our Florida personal injury lawyers, because our partners will work with you directly. You will find it helpful to request a free, no-obligation consultation with a member of our legal team by calling (855) 529-0269 today.

Question 47

What Are the Symptoms of Bone Issues Associated With Truvada?

Accepted Answer

Bone issues are among the chief health complaints from patients who took the HIV prevention and management medication, Truvada. Gilead Sciences, Inc. has been manufacturing it since 2004, among others containing the active ingredient, tenofovir disoproxil fumarate (TDF). It is difficult for doctors to diagnose bone issues since their symptoms do not present until later stages. The most common cause of bone issues is bone density loss, which can result in osteopenia or osteoporosis.
Causes of Truvada Bone Issues
The TDF medication, Truvada, has been linked to causing bone problems and mainly includes tenofovir-caused bone density loss. Bone density loss must be treated immediately to prevent further erosion. The two most common issues associated with bone density loss are osteopenia and osteoporosis. They can cause bone fractures, slouched posture, and a decrease in height.
Symptoms of Bone Issues Associated with Truvada
What are the symptoms of bone issues associated with Truvada? The symptoms of bone issues associated with Truvada vary from person-to-person. Age, lifestyle factors, medical conditions, and other elements can play a role in how they present themselves. However, the common thread among bone injuries is bone density loss. Therefore, it is easier to understand what the symptoms are if we examine the two most common conditions of bone density loss, osteopenia, and osteoporosis, separately to recognize their signs better.

Symptoms of osteopenia: Doctors have a difficult time diagnosing osteopenia since the condition does not have any apparent signs. They typically test for it as a person ages, but a patient may experience bone pain, weakness, or fractures. Pain is not always a precursor to bone fractures.
Symptoms of osteoporosis: Osteoporosis is an advanced stage of osteopenia where severe bone density loss has occurred. There may be no symptoms at all. However, there may be early signs, such as receding gum lines, weakness in grip, and brittle fingernails. Later stages of osteoporosis present as a decrease in height, bone fractures, back pain, neck pain, and stooped posture.

Be sure to visit with your primary care physician if you are experiencing bone pain or have sustained a fracture. If you are concerned that Truvada and other TDF medications have caused bone density loss issues, you can visit with him or her to confirm or deny a positive diagnosis.
Bone Loss Risk Factors Depend on Age, Lifestyle, and Medication
Men and women can acquire bone density loss issues, whether they took Truvada or not. It is a normal part of the aging process, but some factors may increase your risk, including:

Aging
Early menopause
Low testosterone
Low estrogen
Cigarette smoking
Alcohol consumption
Family history of bone loss
Medical Conditions
Medications

TDF drugs carry a high risk of bone issues for patients taking the medications. Kidney failure and chronic kidney disease can also cause bone density loss, which is a common condition associated with taking Truvada. The drugs themselves have been known to cause the bones to ineffectively resorb and generate new, healthy bone tissue, among other problems, like renal failure.
If You Are Concerned About the Health of Your Bones After Taking Truvada
If you believe you experienced bone issues associated with Truvada, you should speak to your doctor as soon as possible. He or she will order the required labs and tests and evaluate your overall health to determine if there are any problems.
A definite diagnosis will come with your doctor’s notes regarding the factors that may have led to your condition, as well as your future outlook. Follow his or her medical advice carefully and contact a personal injury lawyer to discuss the options available to you for financial restitution.
Contact Chalik & Chalik Injury Lawyers About Your Bone Injuries After Taking Truvada
The Chalik & Chalik Injury Lawyers team invites you to request a free, no-obligation consultation with our office. The compassionate personal injury lawyers at our firm are prepared to help you pursue compensation against the negligent party who caused your injuries. Contact us today by calling (855) 529-0269.

Question 48

What Is a TDF Drug?

Accepted Answer

A tenofovir disoproxil fumarate (TDF) drug is used to prevent the contraction of the human immunodeficiency virus (HIV). They were first FDA-approved in 2001 and classified as an antiretroviral medication called a nucleoside reverse transcriptase inhibitor (NRTI). They work by stopping the cell division process in HIV. TDF drugs have been linked with bone, liver, and kidney damage, including chronic kidney disease (CKD), osteoporosis, and lactic acidosis.
These conditions have given rise to the 2018 class-action lawsuit filed in California related to health injuries after taking TDF drugs.
TDF Drug Brands and Manufacturers
Interestingly enough, the only manufacturer of brand name TDF drugs is Gilead Sciences, Inc. Gilead Sciences, Inc. is the named defendant in the Truvada injury lawsuit currently ongoing.
They developed and reformulated five TDF drug brands, including

Viread (2001)
Truvada (2004)
Atripla (2011)
Complera (2012)
Stribild (2012)

Common and Severe Side Effects Associated With Taking a TDF Drug
The common symptoms associated with taking a TDF drug are manageable and treatable after talking with your physician. Common side effects of taking this drug include fatigue, high blood pressure, appetite loss, nausea, and many others.
The more severe side effects of Truvada and other TDF drugs affect the health and performance of a person’s bones and kidneys. There are other significant, but rare, side effects that can compromise your liver health as well.
Kidney Damage
Our kidneys, located along our lower back on both sides of the spine, filter out toxins and other waste matter from our urine.
The consistent long-term use of taking a TDF drug can result in kidney damage. It may start as a decline in kidney function and then progress to a total loss. In these situations, a patient must undergo routine dialysis or an organ transplant procedure.
The most common kidney injuries associated with taking TDF drugs include:

Acute renal failure (ARF)
Tubular dysfunction
Chronic kidney disease (CKD)
Fanconi syndrome

If you have taken TDF drugs and are concerned about your kidney health, you should speak with your doctor as soon as possible. He or she can order the required tests that will confirm or deny any complications associated with taking the medication.
Bone Injuries
TDF drugs affect a person’s ability to resorb and form bone tissue. This condition can lead to bones becoming malformed or porous. Unusual bone breaks and fractures are the most common signs that a person may be experiencing bone loss.
However, there are other telltale signs, including chronic back pain, slumped posture, and decreased height. The most common bone injuries associated with TDF drugs include osteopenia and osteoporosis.
Lactic Acidosis
Although rare, lactic acidosis is a serious condition when the liver is unable to regulate the body’s pH levels. If left untreated, a build-up of lactic acid occurs in the muscular system. It is painful and can lead to liver damage over the long-run.
What To Do if You Suspect a TDF Drug Caused Your Injuries
After confirming a diagnosis with your primary care physician, you may want to speak with a personal injury lawyer. He or she can offer you legal counsel under the options available for financial compensation if you received injuries after taking a TDF drug. Time limitations exist in filing a claim, so you will want to contact a legal professional as soon as possible.
Chalik & Chalik Injury Lawyers Defend the Rights of Those Injured by a TDF Drug
You should not have to pay for taking a TDF drug that you believed was safe. The partners at Chalik & Chalik Injury Lawyers will work with you directly and protect your rights to compensation. We extend an invitation to discuss the details of your claim over a free consultation. Request yours today by calling (855) 529-0269.

Question 49

Truvada Lawsuit Against Gilead

Accepted Answer

Associated Press reports that there is an ongoing class-action lawsuit that was filed by two California plaintiffs in 2018 after discovering that their bone and kidney injuries were directly related to their long-term use of the prescription drug Truvada. Truvada contains the active ingredient, tenofovir disoproxil fumarate (TDF), which studies have shown to cause kidney damage and bone loss.
Truvada’s manufacturer, Gilead Sciences, Inc., is denying and defending its claims that Truvada and TDF drugs are safe for human consumption.
Florida residents who believe their diagnosis is caused by Truvada or other TDF drugs have the option of filing a compensation claim after the lawsuit settles or by pursuing an independent civil suit in the Sunshine State. Where and how you choose to file carries legal implications in either situation. Therefore, specific questions regarding how to proceed with the Truvada lawsuit against Gilead should be discussed with a Florida personal injury lawyer.
A Timeline of Gilead Sciences’ Development of TDF Drugs
The first generation of TDF drugs manufactured by Gilead Sciences was FDA-approved in 2001 and marketed under the brand name, Viread. Viread was the first medicine of its kind that was used to prevent the cellular synthesis process in patients with HIV, AIDS, hepatitis B, hepatitis C, and influenza.
Thereafter, the biopharmaceutical company began to develop prescription drugs that were medically significant. The Washington Post reports that Truvada was FDA-approved in 2004 and was the first medication that could be used as a pre-exposure prophylaxis (PrEP) treatment to prevent non-HIV positive individuals from contracting the disease who were at high risk for exposure.
Gilead Sciences continued to release three more iterations of TDF drugs through 2012 that were marketed under the brand names Atripla, Complera, and Stribild.
Allegations in the Truvada Lawsuit Against Gilead
According to the class-action petition filed, the lead plaintiffs, and others similarly situated, allege that Gilead Sciences knew of the inherent dangers associated with the use of Truvada and other TDF drugs, yet failed to meet their duty of care by keeping silent.
Gilead Sciences denies this accusation.
However, the plaintiffs’ claims are further supported by the fact that Gilead Sciences developed a safer yet equally effective antiretroviral (AR) medication containing the active ingredient, tenofovir alafenamide (TAF), but did not attempt to bring it to market in favor of profit.
Gilead Sciences holds a patent on TDF drugs through 2021. Until then, competitors are barred from manufacturing and selling them. If they released the TAF formulation before the TDF patent had run out, it would have eclipsed Truvada drug sales, which are estimated to be $3 billion annually.
Instead, it appears they wanted to wait until the existing TDF patents expired before they introduced the newer and less-toxic version of AR drugs.
TDF Is Known to Cause Bone and Kidney Damage
Researchers and engineers have published studies on the effects of TDF on the human body for more than a decade. And their findings are being strengthened further after hundreds of patients have come forward with diagnoses related to bone and kidney damage.
Their chief health complaints include:

Kidney failure
Chronic kidney disease
Osteopenia
Osteoporosis
Lactic acidosis

There are several other types of bone and kidney injuries that Truvada victims are experiencing. They can be significant and life-changing. Treatments for these conditions can be extensive. Individuals, who took Truvada, should discuss health concerns with a physician to determine whether or not TDF drugs are responsible for their issues.
Legal Compensation Is Available to Truvada Injury Victims in Florida
There is legal compensation available for individuals whose health was impacted after taking Truvada and other TDF drugs. Speaking with a Florida personal injury lawyer is the most practical way of discovering what your legal options are under experienced and trusted advice.
Chalik & Chalik Injury Lawyers Helps Clients Injured by Truvada
If you suspect that Truvada played a role in your bone or kidney injuries, contacting the legal team at Chalik & Chalik Injury Lawyers will provide you with the legal insight about the Truvada lawsuit against Gilead you need to move forward. Contact us for a free, no-obligation consultation by calling (855) 529-0269 today.

Question 50

What Are the Side Effects of Truvada?

Accepted Answer

The side effects of Truvada are impactful and life-changing for the patients experiencing them. While many individuals experience non-life-threatening and common side effects, there are hundreds of others coming together under an ongoing 2018 class-action lawsuit filed in California alleging that Truvada caused issues related to kidney problems, bone injuries, and lactic acidosis.
The lawsuit was filed against Truvada’s maker, Gilead Sciences, Inc., for its negligence in failing to warn patients about all the drug’s side effects.
Patients and their loved ones who sustained bodily harm after taking Truvada have legal opportunities available to pursue financial compensation for their losses. Talking about the specifics of your situation with a Florida personal injury lawyer can help you apply federal and state laws to your case and reveal insight as to which options are available to you.
The Side Effects of Truvada Range from Mild to Severe
Truvada and other tenofovir disoproxil fumarate (TDF) drugs are effective in preventing the synthesis and development of cells responsible for autoimmune diseases, including HIV, AIDS, influenza, hepatitis B, and hepatitis C. However, its efficacy does not come without injurious consequences for people who take it.
The side effects of Truvada and TDF medications commonly include the following:
Common Side Effects
Like many prescription drugs, Truvada comes with common side effects that are generally considered to be non-life threatening. Patients taking TDF-based drugs can experience the following symptoms:

Dizziness, nausea, and vomiting
Diarrhea and stomach problems
Head, joint, stomach, or back pain
Depression and fatigue
Problems sleeping
Changes in the skin’s appearance
Skin rashes

While the preceding list is not exhaustive, typical side effects associated with taking Truvada are generally treated and monitored by a physician with little disruption. The complications related to kidney problems and bone injuries are often more severe.
Kidney Injuries
There is an active link between TDF drug use and kidney problems. The main kidney injuries caused by Truvada include the following conditions:

Acute renal failure (ARF)
Chronic kidney disease (CKD)
Renal tubular acidosis (RTA)
Fanconi syndrome

Truvada kidney injuries are often severe and life-threatening. Patients who experience these issues often require transplants or scheduled dialysis to remove toxins in the bloodstream.
Bone Problems
Like kidney injuries, there are bone problems associated with taking Truvada. The main bone injuries caused by Truvada include osteopenia and osteoporosis. Patients typically experience symptoms related to diminished bone density include bone loss and unusual fractures that do not fit the level of impact sustained.
Lactic Acidosis Symptoms
Lactic acidosis is a condition that causes excessive lactic acid build-up. Although the disease is rare, it is a severe side effect of taking TDF drugs, like Truvada. It is an occurrence that prevents the liver from breaking down the enzyme, lactate. Common symptoms of lactic acidosis include nausea, bloating, stomach pain, reduced appetite, and fatigue.
What to Do If You Suspect Truvada Caused Your Bone and Kidney Injuries
If you or a loved one experience side effects of Truvada and suspect that Truvada or other TDF drugs caused damage to your kidneys, bones, or liver, you should visit with a physician to assess your health. He or she can offer a professional medical opinion as to what contributed to your health problems.
Understanding your legal options for compensation is the next step. You can speak with a Florida personal injury lawyer to discuss what is available to you and how you can pursue monetary awards by providing experienced and knowledgeable legal counsel.
Chalik & Chalik Injury Lawyers Is Prepared to Help Truvada Injury Victims
Truvada injury victims may feel uncertain as to what they should do to seek compensation related to their losses. The legal team at Chalik & Chalik Injury Lawyers can help you make sense of your options. Contact us for a free, no-obligation consultation by calling (855) 529-0269 today.

Question 51

What Are Other TDF Drugs?

Accepted Answer

Truvada was the second generation of tenofovir disoproxil fumarate (TDF) drugs, which the FDA approved for Gilead Sciences, Inc. to manufacture and sell in 2004. The formulaic change primarily centered on the addition of emtricitabine, which was later accepted as the first treatment of use as a pre-exposure prophylaxis (PrEP) drug.
The antiretroviral (AR) medication was widely prescribed and sold to thousands of patients in the United States. Current market estimates state that Gilead Sciences earned more than $3 billion annually from Truvada revenue alone.
Truvada and other Tenofovir Disoproxil Fumarate drugs manufactured by Gilead Sciences are the subjects of a 2018 class-action lawsuit filed in California. The Truvada lawsuit alleges that the manufacturer failed to warn patients adequately about the bone and kidney dangers present when taking the drug as prescribed by a physician.
Other Tenofovir Disoproxil Fumarate Drugs that Caused Injury
While Truvada is the most well-recognized brand of TDF medications, there are others that were designed before and after its inception. Injuries stemming from TDF medication use include kidney disease, bone loss, and lactic acidosis. These injuries are life-threatening and significantly impact the lives of people who are experiencing health issues related to taking Truvada and other Tenofovir Disoproxil Fumarate drugs.
If you experienced losses after taking TDFs but aren’t sure if you have a case, a Florida personal injury lawyer can help you understand which options are available to you or your loved one when pursuing compensation for your losses.
Listed below is a compilation of TDF drugs, which are all made by Gilead Sciences, that could have contributed to your health complications.
Viread
Viread was FDA-approved in 2001. It was the first generation of TDF medications marketed by Gilead Sciences to prevent the multiplicative cell division of HIV and Hepatitis B. Aside from common side effects, the manufacturer was aware of its ability to cause kidney and bone damage at the time.
Atripla
Atripla was the third generation of TDF drugs that became FDA-approved in 2006. Gilead Sciences built upon the existing Truvada compound by adding the active ingredient, efavirenz. While the medicine does not cure HIV or AIDS, it was shown to be effective in preventing diseases in non-positive patients.
Complera
Complera was the fourth-generation of TDF drugs manufactured by Gilead Sciences. The FDA approved it as an AR medication in 2011. This iteration of the medicine was a combination of the active ingredients, emtricitabine, rilpivirine, and tenofovir.
Stribild
The fifth and final generation of TDF drugs created by Gilead Sciences was Stribild. The FDA approved Stribild for AR and PrEP use in 2012. Stribild’s active ingredients include cobicistat, elvitegravir, emtricitabine, and tenofovir.
Compensation for Individuals Harmed by Truvada and Other TDF Drugs
Patients who were harmed after taking Truvada or other TDF drugs to prevent the synthesis of HIV, AIDS, hepatitis B, and hepatitis C can pursue compensation related to their losses. Whether it is through the California class-action lawsuit or a Florida civil trial, it is helpful to discuss your experiences and losses with a personal injury lawyer. He or she can help you determine the best course of action for your specific situation.
Contact Chalik & Chalik Injury Lawyers for a No-Obligation Case Review
The partners at Chalik & Chalik Injury Lawyers want you to know that you have legal options available if you or a loved one were injured after taking Truvada or other TDF medications. You are not alone in your fight toward receiving equitable damages. We invite you to contact our office for a free, no-obligation consultation by calling (855) 529-0269 today.

Question 52

What Is PrEP?

Accepted Answer

The pre-exposure prophylaxis (PrEP) drugs manufactured by Gilead Sciences, Inc. are used by people who currently do not have the human immunodeficiency virus (HIV) to protect themselves from contracting it. Truvada is the only FDA-approved brand name drug on the market for PrEP use. Its active ingredients are tenofovir disoproxil fumarate (TDF) and emtricitabine. Generic alternatives contain the same compounds.
PrEP Helps the Body Fight Infection
In addition to knowing what is PrEP, it is also important to understand how these drugs work. PrEP drugs work by preventing and halting HIV cell division. It is a medically effective treatment for preventing the spread of HIV, even in individuals who have had sex without a condom. While safe sex is always best, PrEP is an added form of protection for healthy adults who are at high risk of exposure. Consistent use of PrEP medications has been clinically proven to eliminate the risk of contracting HIV.
PrEP Does Not Treat Post-Exposure
If a person does not take PrEP, but viral exposure is possible, there are other treatment options available. An emergency administration of a post-exposure prophylaxis (PEP) is the most commonly used method for these situations.
How People Start Taking PrEP
The first step in obtaining a PrEP prescription begins by your doctor ruling out that you currently do not have HIV. Individuals who have HIV and start taking PrEP may develop a resistance to the drug, and thereby, rendering treatment less effective. After beginning a PrEP regimen, your doctor will request you to visit him or her approximately every three months. PrEP is not a lifelong treatment since you can stop taking it if your risk of exposure decreases.
PrEP Is Not Available Everywhere
Due to the associated symptoms and risks of taking PrEP, it is a medication that is subject to regulation across the globe. Currently, international guidelines recommend that PrEP drugs should be made readily and widely available since they are so effective. The most legitimate and healthy way to obtain a PrEP prescription is by speaking with a physician. He or she will offer recommendations and treatment options that make sense for your current health and lifestyle situation. PrEP should never be taken without a valid prescription.
Symptoms Associated With PrEP Drugs
There are common side effects associated with TDF PrEP drugs, including nausea, dizziness, and fatigue. While these may subside over time, other chronic side effects may require more attention. At the center of the Truvada lawsuits, the severe and chronic conditions caused by the drug are the chief health complaints by patients who took it.
Other health conditions associated with Truvada use include:

Chronic kidney disease and failure
Osteopenia and osteoporosis
Lactic acidosis

While there are additional health problems that people have associated with Truvada, the preceding list is the most common. If you are concerned about your bone and kidney health after taking Truvada or other TDF drugs, you should talk to your doctor. He or she can evaluate your current health and report any findings back to you.
What To Do if Your Doctor Discovers a PrEP-Related Injury
Your doctor will begin treating your health condition immediately and may offer a possible cause of your diagnosis. If he or she confirms a bone or kidney injury after you started taking Truvada or other TDF drugs, you should speak with a personal injury lawyer right away. He or she can help you understand the financial compensation options available and how to pursue them through civil court action.
Call Chalik & Chalik Injury Lawyers if You Sustained a PrEP Injury
Individuals who sustained bone or kidney injury after taking Truvada can discuss the details of their case with Chalik & Chalik Injury Lawyers. You will work directly with the partners who will fight for the compensation you deserve. We invite you to request a free case review by calling our main office at (855) 529-0269 today.

Question 53

What Other Injuries are Associated With Truvada?

Accepted Answer

The other injuries associated with Truvada are liver damage, lactic acidosis, and worsening of hepatitis B. These conditions can become life-threatening if left untreated, since they primarily affect the liver’s ability to filter out toxins and other waste from the human body.
Other Injuries Associated With Truvada Are Severe
While many patients are experiencing bone and kidney problems, there are other injuries associated with Truvada. These types of health issues mainly affect the liver and its ability to function correctly and may cause liver damage, lactic acidosis, and worsening symptoms of hepatitis B.
Liver Damage
The largest gland and solid organ in the human body is the liver. It is the hub of detoxification and protein synthesis, which makes a healthy liver critical to one’s survival and overall well-being. Due to its delicate nature, the liver can experience a wide range of issues, which can become dangerous or fatal in adults with damage. Truvada and other HIV prevention drugs have caused liver problems and damage.
Symptoms of liver damage after taking Truvada may include:

Abdominal pain
Nausea
Fatigue
Depression
Jaundice
Skin rash
Weight changes

If left untreated, liver problems may cause acute and chronic liver disease. Long-term complications of liver damage may lead to cirrhosis—or scarring of the liver—which can lead to liver failure. The most common causes of liver failure include acetaminophen overdose, hepatitis B, hepatitis C, septic shock, and medications containing tenofovir.
Complications that can make treatment difficult include edema, blood clotting issues, kidney failure, and other bodily infections, due to a weakened immune system. Doctors treat patients with liver disease using a variety of therapies, including immunoglobulin shots and lifestyle changes.
Lactic Acidosis
Lactic acidosis is the occurrence of the body producing too much lactic acid without being able to filter it out of the system fast enough. It is a rare side effect of other injuries associated with Truvada, but it can be life-threatening if left undiagnosed or untreated. The condition can occur within a matter of minutes or even as long as several years. Effectively treating lactic acidosis requires a physician to determine its cause.
Common symptoms of the medical disorder present as:

Feeling disoriented
Jaundice
Breathing problems
Increased heart rate
Muscle pain
Fatigue
Nausea
Headaches
Body weakness

Lactic acidosis originates from several sources, including shock, heart failure, sepsis, kidney damage, liver disease, and HIV treatments, like Truvada and other tenofovir disoproxil fumarate (TDF) drugs. TDF medications make it difficult for the human body to regulate acid lactate levels, which is a severe complication of the antiretroviral (AR) therapy.
Treating lactic acidosis is possible through oxygen delivery and circulation therapies. The most common forms of treatment include IV fluid, oxygen, vitamins, and hemodialysis. Doctors may also recommend exercise for individuals who are healthy enough for physical activity. Complications associated with lactic acidosis are irregular heartbeat, coma, shock, and organ failure.
Worsening Symptoms of Hepatitis B
The sudden cessation of Truvada and other TDF drugs can result in the worsening of hepatitis B. This condition occurs as a result of the effects that the drug has on your liver. Doctors will test and monitor liver health after you stop taking Truvada. Worsening symptoms of Hepatitis B include abdominal pain, nausea, fatigue, and jaundice.
Free Consultation With Chalik & Chalik Injury Lawyers for More Information
If you or a loved one sustained other injuries associated with Truvada, you have legal options available in pursuing financial compensation for your physical and emotional losses. The team at Chalik & Chalik Injury Lawyers is here to help you through the process. You can request a free consultation to discuss your case with a legal professional at (855) 529-0269 today.

Question 54

What Is Truvada?

Accepted Answer

Truvada is a prescription drug used to suppress the synthesis of HIV and AIDS by blocking the enzyme, reverse transcriptase (RT). Since 2018, hundreds of patients in the United States have filed legal action against its manufacturer, Gilead Sciences, Inc., related to their losses from the drug’s side effects, including kidney and bone damage.
If you or a loved one suffered from kidney or bone loss after taking Truvada, learning more about the drug’s background is a helpful first step in understanding why lawsuits are being filed against its maker. If you have specific questions, a Truvada lawsuit lawyer can help you understand your options.
Overview of Gilead Sciences, Inc.
Gilead Sciences, Inc. produces drugs that are used to treat Hepatitis B, Hepatitis C, the flu, and HIV/AIDS. In recent news, Gilead has been the subject of several lawsuits stemming from its negligent practices and price-gouging tactics.
Gilead released Truvada to the public in 2004 and has only been available by prescription. The drug is clinically proven to be effective in preventing the development and transmission of HIV and AIDS when used in combination with pre-exposure prophylaxis (PrEP) drugs and safer sex methods.
Truvada Treats and Prevents the Synthesis of HIV/AIDS
Truvada is a combination of drugs that stops HIV from multiplying throughout the prescribed individual’s body.
The medication was not designed to cure AIDS or HIV, but rather as a treatment to help manage and prevent its development. Initially, the Food and Drug Administration (FDA) approved Truvada to lower the viral count present in a person’s bloodstream and cells.
After further study, it was later approved to prevent the spread of HIV and AIDS as PrEP. Physicians then began prescribing it to patients who did not test positive for HIV or AIDS but had a high-risk of exposure. While it is not guaranteed to prevent the contraction of these diseases, it does lower a person’s chances significantly.
Aside from Truvada, TDF drugs have been reformulated and sold under several brand names including Viread, Atripla, Complera, and Stribild. They are all manufactured by Gilead Sciences.
Class Actions and Personal Injury Lawsuits Have Been Filed
A 2009 medical study published in HIV Medicine indicated that regular, long-term consumption of Truvada is directly linked to health complications associated with kidney and bone problems. There have been several legal actions filed against Gilead Sciences, including individual personal injury lawsuits and a class-action consumer lawsuit.
Our team recommends that you speak with a Truvada lawsuit lawyer to determine the best option for your case. Depending on the specifics of your situation, you may be able to join a class action or file an individual lawsuit to recover the compensation you and your family deserve.
Contact Chalik & Chalik Injury Lawyers if You Sustained Bone or Kidney Damage After Taking Truvada
Chalik & Chalik Injury Lawyers understands the complicated and unique demands of filing a Truvada lawsuit. Contact our legal team for a free, no-obligation case evaluation by calling (855) 529-0269 today. The initial consultation is always free and we collect no fees unless and until you win your case.

Question 55

What You Need to Know About the Truvada Lawsuit?

Accepted Answer

Since 2001, Gilead Sciences Inc. has developed and reformulated a class of nucleoside reverse transcriptase inhibitors (NRTIs) using the active ingredient tenofovir disoproxil fumarate (TDF). The most popular and widely sold formulation of TDF drugs is marketed under the brand name Truvada and was FDA-approved in 2001. Other TDF brands marketed by Gilead Sciences Inc. include Viread, Atripla, Complera, and Stribild. TDF drugs are used to treat and prevent the cell synthesis of HIV, AIDS, hepatitis B, hepatitis C, and influenza.
Since the inception of TDFs, patients have sustained bone and kidney damages after taking the medication. In 2018, two patients from California filed a class-action lawsuit against Truvada’s maker.
If you sustained injuries from your use of Truvada, speak with a Florida personal injury lawyer with Chalik & Chalik Injury Lawyers at (855) 529-0269 for a free case review. A personal injury lawyer is the best option to apply legal knowledge and counsel to your case. Also, learning more about the current proceedings in the Truvada lawsuit will help you understand the options available to you.
Here are the relevant details regarding what you need to know about the Truvada lawsuit if you or your loved one received injuries after taking the medication.
Plaintiff Allegations Against Gilead Sciences Inc.
The lead plaintiffs who filed the class action lawsuit against Gilead Sciences Inc. are alleging that the Truvada manufacturer knew about the inherent health risks associated with taking TDF drugs and did not receive the proper information to warn and educate patients and their physicians. The Truvada lawsuit further goes on to claim Gilead Science Inc. had developed a safer alternative that used the active ingredient tenofovir alafenamide (TAF) but withheld the newer formulation to make a higher profit while their TDF patents ran out.
The class-action lawsuit is certified under California product liability law, which affects how courts handle the proceedings related to the trial. Product liability is the occurrence of a company that is manufacturing and selling a product that causes harm based on expected customer use.
Patient Injuries Are Significant and Life-Changing
After taking Truvada and other TDF medications, patients experienced accelerated symptoms of kidney and bone loss. Studies show that the active ingredient causes bone and kidney damage, including:

Acute renal failure
Chronic kidney disease
Lactic acidosis
Osteopenia
Osteoporosis

While the preceding list is only a handful of the complications associated with taking Truvada, injury victims have experienced life-altering changes, including chronic pain, organ transplant, or scheduled, routine dialysis. In short, these injuries are anything but minor.
For a free case review, call Chalik & Chalik Injury Lawyers at (855) 529-0269 today. Our partners work directly with our clients on their personal injury cases.
There Is Compensation Available to Truvada Injury Victims
Compensation is available for your injuries related to taking Truvada and other TDF drugs. Estimating the average Truvada lawsuit is difficult since there have been no settlements reached to date. Even still, knowing the average amount does not indicate what an individual should expect to receive.
If you want to file a compensation claim related to your Truvada injuries, you can request the following kinds:

Expenses for current and future medical care
Lost wages and benefits, if you missed work
Pain, suffering, and mental anguish
Physical and psychological therapy
Loss of enjoyment
Lost earning capacity
Loss of life or wrongful death

There are additional forms of financial redress that you can seek. However, the best way to determine the options available to you is by learning about the Truvada lawsuit and discussing the details of your medical history and case with a Florida personal injury lawyer.
There Are Time Limits on Your Ability to File a Claim
There is a time limit placed upon your ability to file a claim known as the statute of limitations. Depending upon the details and location of your case, several deadlines will apply to you. You can learn more about the specific timeline that relates to your case by talking with a Florida personal injury lawyer.
Chalik & Chalik Injury Lawyers Offer Experience and Trusted Legal Counsel
If you believe Truvada or other TDF drugs contributed to your bone or kidney injuries, you should explore your options for compensation with Chalik & Chalik Injury Lawyers. You can learn more about your case and the Truvada lawsuit by contacting our legal team for a free, no-obligation consultation by calling (855) 529-0269 today.

Question 56

What Is the Average Truvada Lawsuit Settlement?

Accepted Answer

The pending class-action lawsuit against Gilead Sciences, Inc., is currently ongoing and no financial settlement has been reached. As such, it makes it difficult to predict the average Truvada lawsuit settlement as cases in California and around the United States continue to develop. However, you can still learn about the types of compensation available for Truvada injury victims and the limitations that the State of Florida imposes upon them.
If you or a loved one sustained bone and kidney problems after taking Truvada or other tenofovir disoproxil fumarate (TDF) drugs, you can seek legal restitution related to your losses. Speaking with a Florida personal injury lawyer is the most effective method for determining the type of settlement or civil court award you may receive.
Compensation Is Available for Truvada Injury Victims
Financial awards in personal injury and product liability claims are known as damages. Parties who were injured by TDF drugs can file a compensation claim for their direct financial, physical, and mental losses. While the average Truvada lawsuit has yet to be determined, it is essential to understand that every case is unique and dictates the final outcome.
A straight-line average for any personal injury or product liability lawsuit does not indicate or create an expectation of what an affected party can stand to receive. The only accurate way to determine the value of your claims lies within the results of a settlement or civil lawsuit.
Here is more information regarding the different types of damages available for Truvada injury victims.
Economic Damages
Economic damages are the actual, quantifiable expenses related to treating the injuries you sustained after taking Truvada. These damages typically include the following items:

Current and future medical expenses
Prescription drugs and medical devices
Loss of benefits and wages, if you missed work
Travel to and from medical appointments
Physical and psychological therapy costs
Occupational and vocational rehabilitation expenses

While the preceding list is not fully exhaustive, it helps you understand what constitutes economic damages within the context of filing a personal injury claim. You can seek economic damages for all personal injury cases, and the State of Florida does not place a limit on them.
Non-Economic Damages
Non-economic damages are the qualitative, subjective losses you sustained from your Truvada injuries. They are difficult to estimate since they are not necessarily observable using scientific or mathematical methodologies. Individuals seeking non-economic damages under product liability can request compensation for their losses related to:

Pain and suffering
Mental anguish
Loss of enjoyment
Loss of life or wrongful death
Loss of companionship
Depression and anxiety

While there are additional forms of non-economic damages, the preceding list demonstrates the expectation of Truvada injury victims correctly. You can seek non-economic damages in all personal injury claims, and the State of Florida does not place a limitation on what you can receive.
Punitive Damages
Punitive damages are a rare form of compensation. They are reserved for cases that highlight the gross negligence in failing to exercise one’s duty of care toward another for which they were responsible.
It is possible that punitive damages can be awarded in a class-action or civil lawsuit settlement against Gilead Sciences, Inc. Plaintiffs can seek punitive damages in all personal injury cases, and the State of Florida limits them to three times the amount of your economic costs or $500,000, whichever number is higher.
Contact Chalik & Chalik Injury Lawyers to Find Out the Damages Available to You
Truvada injury victims should not have to pay for injuries that were caused by a negligent pharmaceutical company, like Gilead Sciences. Chalik & Chalik Injury Lawyers wants to help you better understand the restitution options that are available to you or your loved ones. Contact our legal team to request a free, no-obligation consultation by calling (855) 529-0269 today.

Question 57

Who Can File a Truvada Claim?

Accepted Answer

Patients and their family members who sustained health issues or loss of life after taking Truvada can file a Truvada claim. The medication treats and prevents the synthesis of the human immunodeficiency virus (HIV). However, studies have proven that the drug causes significant problems in the bones and kidneys, which may result in death.
If you or a family member experienced any injuries or lost their life after taking Truvada, it is helpful to explore your options for legal restitution with a personal injury lawyer. He or she can provide information as to how you can pursue a claim and receive compensation for your financial, physical, and emotional losses.
Current Litigation Proceedings Against Truvada’s Manufacturer
The manufacturer of Truvada, Gilead Sciences, Inc., is now the front-and-center defendant in a 2018 personal injury lawsuit filed in California under product liability laws. Essentially, the plaintiffs allege that the drug company knew about the severe side effects of Truvada, like kidney damage and bone loss, and failed to issue a warning to the public about them.
The active ingredient, tenofovir disoproxil fumarate (TDF), is a cause of Truvada injuries. Common diagnoses patients may receive include kidney failure, osteoporosis, and lactic acidosis. Anyone diagnosed with any of these after taking the drug might be able to file a Truvada claim.
Other HIV Prevention Medications That Cause Health Issues
While Truvada is the most high-profile brand of TDF medications, other drugs caused health problems and injuries. Studies dating back to 2001 demonstrate that TDF drugs caused significant damage to the kidney and bones, even in otherwise healthy adults. Gilead Sciences exclusively held a patent on the compound and developed five brands of TDF drugs, including:

Viread
Truvada
Atripla
Complera
Stribild

You may be able to file a compensation claim related to the use of any TDF drug that caused your injuries or a family member’s death. If you are concerned that Truvada caused your injury or your loved one’s death, speaking with a personal injury lawyer will provide the knowledge and insight that you need to move forward with the claim’s process.
Injuries Associated With Taking Truvada
You may be able to file a Truvada lawsuit claim if you experienced injuries after taking Truvada or using Truvada for pre-exposure prophylaxis (PrEP). The most common health complications associated with Truvada and other TDF drugs include:

Kidney failure
Kidney damage
Fanconi syndrome
Osteopenia
Osteoporosis
Lactic acidosis

The preceding list of conditions is not entirely comprehensive, nor should it be taken as medical advice. Our personal injury lawyers care about you and your health, which is why you must speak with your primary care physician to confirm or deny an injury associated with taking Truvada and other TDF drugs. It is the only way you may ascertain whether you can initiate the claims process.
Time limits exist on your ability to file a claim at the class-action or civil court level. Therefore, you will want to speak with a legal professional before your time to act passes. He or she can work with you to help you understand the legal procedure, gather evidence, and answer any questions you may have.
While no sum of money can genuinely make up for all of your losses, you might be able to obtain peace-of-mind knowing that the responsible parties are paying for the damage they caused.
Contact Chalik & Chalik Injury Lawyers About Your Truvada Claim
No matter what type of injury or emotional loss you sustained, the partners at Chalik & Chalik Injury Lawyers will stand by your side. We will work with you directly to help you clearly understand how to pursue financial compensation. Contact our main office for a free consultation today at (855) 529-0269.

Question 58

What to Do Before You File a Truvada Lawsuit?

Accepted Answer

Individuals who have been injured after taking the prescription medication, Truvada, have an opportunity to pursue compensation for their financial losses. Knowing what to do before you file a Truvada lawsuit can ease your concerns and provide guidance as you initiate the process.
Understanding the Truvada Lawsuit Against Gilead Sciences
The first step in understanding what to do before you file a Truvada lawsuit lies within its background and why injury victims are pursuing a claim against its maker, Gilead Sciences. In 2018, a class-action lawsuit was filed in the State of California against the biopharmaceutical company for its role in selling medications containing the active ingredient, tenofovir disoproxil fumarate (TDF).
Truvada contains TDF and has directly contributed to bone and kidney damage to the patients who take it as part of their HIV, AIDS, hepatitis B, or hepatitis C healthcare and treatment and prevention plan.
The lawsuit alleges that Gilead Sciences was aware of the health consequences the medication imposed but did not attempt to warn patients or physicians of them. Their negligence claims against the company posit that Gilead Sciences had developed a safer yet still effective antiretroviral (AR) drug containing the active ingredient, tenofovir alafenamide (TAF). They chose not to release it until their existing TDF patents ran out to gain even higher profit.
Florida residents, whose health was affected after taking Truvada and other TDF drugs, can file a claim for compensation through existing class-action proceedings or under a civil suit through the Florida civil court system.
Both have their advantages and opportunities. If you are wondering which option is right for you, talking to a Florida personal injury lawyer will help.
Visit with Your Physician to Confirm a Diagnosis
The second step in understanding what to do before you file a Truvada lawsuit lies within confirming a bone injury or chronic kidney disease diagnosis.
Your primary care provider can perform the necessary tests to assess your health and well-being. He or she can further offer insight as to what may have caused a positive diagnosis, and what the outlook for your health may be in the future.
In short, they can begin adequately treating you while creating the necessary medical records that support your injury claims in civil court.
Retain Records Related to Your Expenses
If you are experiencing health issues related to bone and kidney damage, you are likely receiving bills, invoices, and statements en masse. It is essential that you retain a copy of these records since they will be used to prove your financial losses during your Truvada injury lawsuit.
You should also keep receipts for out-of-pocket expenses as well. You do not have to maintain a meticulous personal file, but keeping everything in one place is helpful when meeting with your Florida personal injury lawyer for the first time.
Discuss Your Case with a Florida Personal Injury Lawyer
The final step in knowing what to do before you file a Truvada lawsuit is discussing the details of your health and experiences using Truvada and other TDF medications with an experienced Florida personal injury lawyer. He or she will work with you to devise a case strategy that suits your legal needs while providing legal counsel throughout the process.
Hiring a Florida personal injury lawyer allows you to focus on your health and recovery instead of focusing on litigating a product liability case through the California or Florida civil court system.
Contact Chalik & Chalik Injury Lawyers to Discuss Your Truvada Injuries
The legal team at Chalik & Chalik Injury Lawyers is prepared to advocate on your behalf while fighting for the compensation you deserve. You can learn more about your options for financial restitution by calling (855) 529-0269 today.

Question 59

What Is the Difference Between TDF and TAF HIV Drugs?

Accepted Answer

Both TDF and TAF HIV drugs were designed to prevent the spread of HIV and AIDS by blocking cell synthesis. While there are significant formulaic differences, the most relevant is that TAFs have a lower-toxicity level. Learning about the difference between TDF and TAF HIV drugs, including the true difference in efficacy and safety, can help you better understand the origins of the Gilead lawsuits filed in California.
What You Should Know About TDF
The prescription drug Truvada is used to manage and prevent cellular synthesis processes of HIV and AIDS. The active ingredient in Truvada is tenofovir disoproxil fumarate (TDF).
Truvada’s formula is the second TDF formula released by Gilead Sciences, Inc., a biopharmaceutical company headquartered in California. The FDA approved it for prescription use and sale in 2004. It was classified as an antiretroviral medication.
TDF drugs were released for prescription use and sale in 2001 under the brand name Viread. The Food and Drug Administration (FDA) approved the prescription medication for treating and preventing the synthesis of HIV, AIDS, and Hepatitis B and C.
TDF drugs are considered to be part of the antiretroviral class of nucleoside reverse transcriptase inhibitors (NRTIs). NRTIs block the enzyme, reverse transcriptase (RT), which is directly responsible for HIV cell multiplication.
Currently, Gilead Sciences manufactures five different brands of TDFs, including:

Viread
Truvada
Atripla (2006)
Complera (2011)
Stribild (2012)

There are several health complications and side effects associated with long-term use. Common side effects include nausea, fatigue, headache, and liver problems, among others. Severe complications, including kidney problems, bone damage, and lactic acidosis, are the subject of a class-action lawsuit.
Tenofovir Alafenamide (TAF) Is a Potential Safer Alternative
TAF drugs were released for prescription use and sale in 2015 under the brand name Genvoya. The FDA approved it to treat the same health issues as TDFs.
The main difference between TDF and TAF HIV drugs lies within their formulations. Like TDFs, TAFs are part of the NRTI drug class since they also prohibit the synthesis of HIV and AIDS cells. However, they are different from TDFs in that they require a much smaller dose of the ingredient tenofovir. Lower doses and exposure to tenofovir results in higher renal function and bone mass measurements.
Currently, Gilead Sciences manufactures three different brands of TAFs, including:

Genvoya
Odefsey (2016)
Descovy (2016)

A study funded by Gilead Sciences, Inc. on TAF drugs indicates that patients tolerate the drug well and experience fewer side effects when compared to traditional TDFs.
What to Do If You Suspect TDF Drugs Caused Your Kidney or Bone Damage
There is financial compensation available for patients who experienced kidney or bone damage after taking Truvada or other TDF medications manufactured by Gilead Sciences, Inc. While hundreds are considering the opportunities afforded by a class-action lawsuit, others are filing personal injury claims and product liability lawsuits in their state of residency.
Consider speaking with a personal injury lawyer to explore your options further.
Contact Chalik & Chalik Injury Lawyers for a Free Consultation Today
The legal team at Chalik & Chalik Injury Lawyers can help you understand how to file a claim for compensation related to your injuries from taking Truvada or other TDF-based drugs. You can contact our firm for a free, no-obligation case review by calling (855) 529-0269 today.

Question 60

Who Is Affected by Truvada?

Accepted Answer

Anyone who has taken the medication can be affected by Truvada. Truvada has several potential negative effects.
Potential Negative Effects of Truvada
Truvada has been used for 10 years to help lower the risk of contracting HIV. While the medication has been successful, there are several potential negative effects of Truvada use. They include:

Liver problems (can be fatal)
Lactic acidosis (buildup of lactic acid in the blood, can be fatal if left untreated)
Bone thinness, bone pain, or bone softening (can cause fractures)
Kidney damage/kidney failure

If you suffered any of these effects, you may be able to recover compensation.
Plaintiffs Claim That Gilead Sciences, Inc. Knew of These Problems Early On
As of January 2020, dozens of plaintiffs in several states have filed lawsuits against Gilead Sciences, Inc. for injuries Truvada allegedly caused. The lawsuits claim that the manufacturer knew of these problems and failed to rectify the issue or warn consumers of the issues.
The lawsuits also claim that the manufacturer had created a safer product years before and failed to release it to the public until the patent on the original type of medication ran out. This decision allowed countless people to suffer preventable negative side effects while Gilead Sciences, Inc. continued to make billions of dollars in profit.
If You Were Affected by Truvada, You May Be Entitled to Compensation
Because anyone who took Truvada can be affected, almost anyone can file legal action. If you or a loved one suffered bone density loss, bone softening, bone pain, liver problems, kidney damage, kidney failure, or lactic acidosis, you may be able to recover compensation. Compensation might include:

Medical bills (current and future)
Lost wages
Lost earning capacity
Pain and suffering
Mental anguish
And possibly more

If you lost a loved one due to Truvada use, you may be able to recover compensation through a wrongful death claim. Your compensation could include:

Funeral or burial expenses
Loss of consortium
Loss of guidance
Medical bills
And more

The compensation you can recover depends on your unique circumstances. When you enlist our help, we can determine the value of your case.
We Want to Help You Recover Compensation for the Injuries You Suffered Due to Truvada Use
The team at Chalik & Chalik Injury Lawyers wants to help you recover the compensation you deserve. Working directly with the partners, we can help you determine if you might want to join an ongoing class action or file an individual lawsuit. We will investigate your case, determine its value, and work to negotiate a fair settlement or jury award.
In addition to recovering the compensation you deserve, taking legal action can also hold the manufacturer accountable and possibly protect others from the same fate. Legal action tells the manufacturers that they cannot put profits ahead of consumer’s health and wellbeing.
We work on a contingency basis, which means you pay us nothing upfront and owe us no attorney’s fees unless and until you win your case. There is no risk when you enlist our services.
Call us today for your free consultation at (855) 529-0269. Let us get started on your case today.

Question 61

What Is Bone Density Loss?

Accepted Answer

Bone density loss is a condition that is characterized by the deterioration of a person’s skeletal system. Patients who took tenofovir disoproxil fumarate (TDF) drugs, like Truvada, have complained about bone density loss associated with its use. Common syndromes and health complications that result in bone density loss include osteopenia and osteoporosis, in its later stages.
Causes of Bone Density Loss
Regarding what is bone density loss, several factors can cause bone density loss, including age and lifestyle factors. Over your lifetime, your bones have been resorbing bone tissue and calcium while creating new bone matter to keep them healthy and strong. Bone density loss begins to occur when the skeletal system ceases these functions or begins resorbing old bone and causes it to become weak, brittle, and porous.
Three factors that commonly cause bone density loss in the human body include:

Aging: Aging causes the bones to become softer over time, and hormonal changes may hasten the process through menopause for women or a decrease in testosterone for men.
Lifestyle: Vitamin deficiencies and personal habits can also be attributed to bone density loss. Smoking, alcohol consumption, and a lack of vitamin D are all contributing factors to bone density loss.
Medical: Certain conditions, like kidney disease and kidney failure, can lead to bone density loss since the body is unable to filter out and eliminate old bone tissue. The result is old bone matter being reabsorbed into the skeletal system.

Lawsuits being filed against Gilead Sciences, Inc., Truvada’s manufacturer, primarily relate to kidney injuries that later caused bone density loss in adults, whom doctors do not typically consider to be at risk. Plaintiffs across the country correctly believe that Gilead Sciences should have adequately warned them about bone density loss, yet failed to do so.
The Main Bone Density Loss Injuries Associated with Truvada
The most common conditions associated with bone density loss are osteopenia and osteoporosis. In the case of TDF drug injuries, many patients are being treated for these diseases, which are significant and life-changing.
Here is a closer look at the health consequences associated with bone density loss.

Osteopenia: Osteopenia is a condition characterized by mild bone density loss. It is often a precursor to osteoporosis, if left untreated. Patients are often alerted to its presence after unusual bone fractures and subsequent x-rays and tests that accompany medical care. Symptoms of osteopenia typically do not present in other ways.
Osteoporosis: Osteoporosis is a condition characterized by severe bone density loss. Like osteopenia, early-stage osteoporosis does not have any outward symptoms, and doctors do not know to look for it if a patient is not at risk for the condition. It is typically discovered after uncommon bone fractures. Late stages of osteoporosis present in the form of decreased height and a noticeable slouch in the back.

Treating these conditions requires patients to remain under regular evaluation of their primary care physician. He or she may recommend medication and hormone therapy to preserve and restore your bone’s strength and health. Your doctor will be able to offer a possible cause for your condition, as well as a prognosis regarding your future outlook.
What to Do If You Suspect TDF Drugs Played a Role in Your Bone Density Loss Injury
Patients, who suspect TDF drugs, like Truvada, caused their bone density loss injuries, should continue to follow their doctor’s medical advice at all times. Health and restoration are critical to your well-being and continued health. Your second action should be to contact a Florida personal injury lawyer to evaluate your legal options for financial compensation related to your bone density loss injuries.
Chalik & Chalik Injury Lawyers Helps Truvada Bone Density Loss Injury Victims
If you or a loved one sustained bone density loss injuries, contact the legal team at Chalik & Chalik Injury Lawyers for a free, no-obligation case evaluation today. We can help you gather evidence and pursue compensation for your financial, physical, and emotional losses. You can request yours by calling our main office at (855) 529-0269.

Question 62

Did The Drug Company Intentionally Delay Safer HIV Medicine?

Accepted Answer

One of the allegations in the 2018 California class-action lawsuit against Gilead Sciences, Inc., Truvada’s manufacturer, is that the drug company intentionally delayed safer HIV medicine.
Gilead Sciences’ Development from TDF to TAF
Many people are curious and wondering, “did the drug company intentionally delay safer HIV medicine?” The lawsuit against Gilead Sciences, Inc. states that the drug company had developed a safer alternative to the current tenofovir disoproxil fumarate (TDF) drugs it was offering as early as the year 2000, 15 years before releasing its first-generation TAF medication.
TDF drugs are shown to cause bone and kidney damage in individuals who take it long-term. Gilead Sciences developed five formulations of TDF drugs between 2001 and 2012. TAF requires a fractional amount of tenofovir versus traditional pre-exposure prophylaxis (PrEP) medicines. The drug company has released five brands of TAF medications, including Genvoya, Descovy, Biktarvy, Vemlidy, and Odefsey.
TAF Causes Less Bone and Kidney Damage
When it comes to analyzing the toxicity of TAF drugs, the numbers do not lie. TAF medicines carry far fewer risks.
Clinical studies were performed between 2014 through 2015 to test their safety. One of these studies, Tenofovir alafenamide vs. tenofovir disoproxil fumarate in single-tablet regimens for initial HIV-1 therapy, found that TAF drugs did not cause the same level of bone loss as its TDF predecessors.
Furthermore, patients who took TDF drugs experienced up to seven times more bone density loss in their hips than those who took TAF medications.
Why Gilead Delayed TAF
It is valid to question what caused Gilead Sciences to withhold the TAF formulation for about 15 years. The class-action complaint against the drug company states that it chose to delay its release since it was the only company to hold a patent on TDF drugs. Therefore, Gilead Sciences had an opportunity to generate massive profit to the tune of $26 billion in total revenue, according to its 2017 annual report.
The efficacy and safety of TAF drugs would have virtually pushed its TDF brands to the wayside. Gilead Sciences will have an opportunity to defend its decision to delay the release of TAF medications. However, you can be sure that product liability and personal injury lawyers will make the company answer for its actions in court.
Based on the known facts, it appears that the drug company intentionally delayed releasing a safer HIV medicine.
Chalik & Chalik Injury Lawyers Represent People Who Sustained TDF Injuries
If you or a loved one suspect that TDF drugs played a role in your or their injuries, contact a personal injury lawyer for help in understanding your options for compensation. You may be eligible to hold the manufacturer liable for your or your loved one’s injuries. The legal team at Chalik & Chalik Injury Lawyers extends the invitation for you to receive a free consultation to learn more. Call us today at (855) 529-0269.
We can help you determine if you might benefit from the class action or if you should file an individual claim or lawsuit against Gilead Sciences, Inc. And remember, we recover nothing unless you win your case. This means there is no risk when working with us.

Question 63

What to Know About the New Distracted Driving Law in Florida?

Accepted Answer

On January 1st, Section 316.305 of the Florida Statutes went into effect, allowing law enforcement officers to give you a citation for texting while driving. Section 316.306 of the Florida statute takes the law a step further by punishing those who use a mobile device while driving a vehicle on school property. The same law applies to construction workers operating equipment near a school zone.
These laws have been implemented for good reason. Distracted driving is one of the primary causes of motor vehicle collisions, which can cause serious injury or death.
Distracted Driving and The Other Causes of Motor Vehicle Collisions
What to know about the new distracted driving law in Florida? Distracted driving is the leading cause of car accidents. The age of constant distraction has wreaked havoc on drivers, motorists, and pedestrians who frequent Florida’s roads, so it is no surprise that a new law targets motorists who text while driving with more scrutiny than ever before.
Texting and driving is not the only form of distracted driving. Distracted driving is characterized by a driver taking their eyes off the road, hands off the wheel, or thinking about anything other than driving. Other forms of distracted driving include:

Making a phone call
Looking at or using a handle to adjust the car’s entertainment system
Turning or taking a hand off the wheel to tend to pets in the vehicle
Using one or more hands to eat or drink
Using your phone in any manner, whether it is texting, using social media, checking email, or engaging with other applications
Turning to engage with other drivers on the road, which is often driven by anger known as road rage

Distracted driving is very dangerous, but it is not the only driving behavior that can cause serious injury and even death. Other behaviors that put other drivers, passengers, and pedestrians at risk include:

Speeding
Driving too closely to the car in front
Changing lanes abruptly or without signaling
Failing to stop at red lights
Failing to check blind spots before changing lanes
Failing to yield to oncoming traffic when turning into a busy lane
Driving too slowly in high-speed areas

There is no shortage of behaviors that can be considered dangerous when driving massive vehicles at high speeds. If you or a loved one was injured or killed in an accident where the other motorist acted in a dangerous manner, then you may be entitled to compensation.
A Lawyer Can Help You Pursue Compensation
What to know about the new distracted driving law in Florida is that it was designed to ensure the safety of all parties on the road. If you believe that the motorist who caused your accident put you at risk by engaging in dangerous driving behaviors, call a lawyer. They can kickstart your pursuit of damages while you recover and take care of your daily responsibilities.
Some ways that a lawyer may be able to assist you include:

Speaking with you in person or over the phone to document your account of events shortly after the accident while your memory is still fresh
Filing legal action immediately to ensure that your case falls within Florida’s statute of limitations for personal injury or wrongful death claims, which are generally four and two years from the date of the accident, respectively
If possible, interviewing the defendant in your case in case they offer an admission of wrongdoing
Collecting evidence of the accident, such as videos, photographs, eyewitness accounts, and police reports
Handling all legal steps necessary to bring your case to a resolution, whether it is a judgment or settlement
Protecting your rights throughout the legal process, from our initial meeting until a settlement or judgment is complete

A lawyer is an asset that few choose to forego when potential compensation is on the line. Part of their value comes in proving that the defendant in your case acted negligently, and in doing so violated their duty of care.
Possible Damages in A Personal Injury or Wrongful Death Claim
No two personal injury or wrongful death claims are the same, but there is a range of possible financial awards that could be at play in such cases. Some of these awards may cover:

The cost of emergency transportation from the scene of the accident
The cost of any emergency care required because of the accident
The cost of your hospital stay in the wake of the accident
Any tests, surgeries, scans, or other procedures required after the accident
The cost of any long-term rehabilitation, physical or psychological
The cost of transportation to and from medical appointments
Lost wages or diminished earning capacity imposed by your injuries
Pain and suffering
Punitive damages against the defendant

Additional damages in the case of a wrongful death may include:

Funeral costs
Loss of companionship (spouse)
Loss of parental guidance (children)
Loss of financial protection
The cost of medical care given to the deceased

Call Our Team Today
Our team at the Chalik & Chalik Injury Lawyers pride ourselves on honest, personal representation. Call us today at (855) 529-0269 for a free consultation.

Question 64

Are Slip and Fall Cases Hard to Win?

Accepted Answer

No two slip and fall injury or wrongful death cases are the same. There is no blanket answer that suffices for the question of whether slip and fall cases are difficult to win — they’re all different. With this in mind, working with a lawyer when crafting a slip and fall case offers several benefits, regardless of the circumstances under which your slip and fall accident occurred.
How Slip and Fall Accidents Occur
Slip and fall accidents can occur at virtually any time, in any location, affecting any victim. There are some common circumstances where slip and fall accidents can occur, and oftentimes these places and circumstances surrounding slip and fall accidents involve negligence.
Some hazards that increase the likelihood of a slip and fall accident include:

Wet or icy floors
Failure to implement handrails on steps and other descending or ascending gradients
Failure to implement proper precautions in dangerous work environments such as construction sites and factories
Failure to implement full safety precautions in nursing homes or other locations where the elderly live

These are just a few of the more common examples of possible negligence that could lead to a slip and fall accident. There are countless other circumstances under which a slip and fall accident can lead to serious injury or death, often because somebody failed to exercise proper caution.
Know Who Is at Fault in A Slip and Fall Accident
Are slip and fall cases hard to win? When slip and fall accidents cause injury or death, it is important to know if somebody’s action or inaction contributed to dangerous conditions that caused the accident.
Some possible defendants in a slip and fall case may include:

Business owners
Employers
Landlords
Municipalities

Each of these groups of people owe some level of protection, whether it is to patrons, employees, tenants, or residents of a town or city. Negligence can look like a business owner who fails to promptly clean up a puddle on a shopping aisle, or a township that does not salt icy sidewalks during the dead of winter.
Negligence that leads to slip and fall injuries or death can take many forms. Regardless of what negligence looks like in your case, consider the value of employing a lawyer when it comes time to pursue any compensation that you are eligible for.
A Lawyer Can Help You Pursue Damages After a Slip and Fall Accident
Lawyers can handle all of the legal responsibilities of your case while you focus on recovery or grieving. Some of the duties that a lawyer will fulfill include:

Interviewing you and documenting your account of how the accident occurred, including the negligent circumstances that put you or your loved one in danger
Initiating legal action promptly to ensure that your case falls within the statutes of limitation for personal injury or wrongful death claims in Florida, which are generally four and two years, respectively
Interviewing eyewitness to the accident or the circumstances that caused the accident, and documenting their accounts for use at trial or in settlement negotiations
Speaking with your medical professional to determine the extent of your injuries and how that translates into damages
Handling all legal responsibilities necessary to bring your case to a judgment or settlement
Protecting your rights throughout the legal process

One of your lawyer’s foremost responsibilities will be to show the court that the defendant in your case acted negligently. They will do this through a four-step process that includes:

Showing that the defendant owed you a duty of care
Establishing that the defendant breached that duty of care through some negligent action
Establishing a link between their negligent act and the cause of your injuries
Calculating and lobbying the court for financial damages to be paid to you

If you receive a favorable judgment or reach a settlement then you may be entitled to collect compensation for your losses.
Possible Compensation in a Slip and Fall Case
Are slip and fall cases hard to win? Each slip and fall case is unique, and there is no guarantee of any specific awards. With that said, some common awards in these sort of cases cover:

Emergency transportation from the scene of your accident
The cost of any emergency care administered in the wake of the accident
Any hospital stay, diagnostic tests, scans, or other procedures just after your accident
Long-term rehabilitation required because of your injuries
Lost wages or diminished earning capacity caused by the accident and your resulting injuries
The cost of transportation to rehab appointments
Long-term disability
Psychological therapy required because of the accident

If yours is a wrongful death claim, you may be eligible for compensation covering additional costs, such as:

Funeral costs
Loss of consortium
Loss of parental guidance
Loss of future income and financial protection

Call Our Team at Chalik & Chalik Injury Lawyers Today
We offer our clients honest, personal representation as we pursue the awards that you are eligible for. Call us today at (855) 529-0269 for a free consultation.

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