Question 1

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 2

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 3

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 4

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 5

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 6

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 7

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 8

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 9

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 10

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 11

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 12

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 13

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 14

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 15

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 16

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 17

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 18

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 19

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 20

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 21

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 22

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 23

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 24

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 25

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 26

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 27

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 28

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 29

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 30

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 31

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.

Question 32

How Long do You Have to Go to the Doctor After a Slip and Fall?

Accepted Answer

If you intend to pursue a negligence claim in court, Florida law does not specifically limit the amount of time that you have to go to the doctor after a slip and fall accident. However, if you wait too long to have your injuries examined and documented by a medical professional, the evidence of the injury can become too attenuated or disappear altogether. This could make your claim very difficult to prove.
Many injuries do not become visible or apparent until hours or days after the slip and fall. This is why we recommend calling Chalik & Chalik Injury Lawyers at (855) 529-0269 for a case evaluation immediately after a slip and fall accident occurs.
Florida Law Allows You to Recover Compensation for Slip and Fall Injuries
Once you go to the doctor after a slip and fall accident, you can discuss the details of your injury with them in depth. Your doctor will make medical records of your injury that may be admitted as evidence in court to support your claim by serving as proof of the connection between the accident and your injury. This link is vital to proving the ultimate issue of your claim: that you were injured by the defendant’s negligence.
As long as the initial treatment was performed by a licensed medical professional within a reasonable time after the injury took place, the insurance company will be unlikely to successfully deny your claim based on insufficient evidence of an injury. Some examples of medical professionals who can perform these procedures after a slip and fall injury include:

Chiropractors
Nurses
Licensed physicians
Paramedics
Dentists

We assist our slip and fall accident clients with obtaining adequate medical treatment. So, if you have been injured in a slip and fall accident and you would like to know more information about getting treated after a slip and fall accident, call Chalik & Chalik Injury Lawyers today at (855) 529-0269.
Chalik & Chalik Injury Lawyers Can Help You Get Compensation
To successfully bring a lawsuit for negligence, you must prove that the defendant had a duty to ensure your safety, the defendant failed to fulfill the duty, the defendant’s misconduct caused the accident, and you were injured by the accident. If your slip and fall accident claim meets all of the necessary criteria to bring an action for negligence, we will fight to help you recover money for:

Past and present medical bills
Lost wages
Loss of future earning potential
Mental pain and suffering
Medical malpractice
Wrongful death

At Chalik & Chalik Injury Lawyers, we understand that slip and fall injuries can seriously impact 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 also fight to recover money for your:

Prescribed medications
Doctor’s visits
Hospital stays
Emergency transportation
Surgery
Physical therapy or rehabilitation
Time away from work
Job loss

If you have been injured in a slip and fall accident in Florida, we strongly recommend that you go to the doctor as soon as possible. If you are unsure as to where to go for treatment, we will refer you to medical professionals who are qualified to treat your injuries. We will also schedule your doctor’s visits, communicate with healthcare providers, arrange for transportation to get you to the doctor (if needed), and request that your treatment costs be deducted from your final recovery.
We represent slip and fall clients on a contingent fee basis. That means you will not pay any upfront costs or fees, unless we recover money for you. If you have been injured in a slip and fall accident that you suspect was caused by someone else’s careless or reckless misconduct, the time that you have to pursue a claim for compensation may be limited.
For example, Florida’s statute of limitations (VIII.95.11) requires that all negligence actions must be filed within four years from the date on which the injury occurred. So, if you have questions about your slip and fall injury, call Chalik & Chalik Injury Lawyers as soon as possible at 855-529-0269 for a free consultation.

Question 33

What Is The Percentage Of Winning A Medical Malpractice Suit In Florida?

Accepted Answer

Despite the low percentage of winning a medical malpractice suit in Florida, working with a lawyer is paramount—you deserve to hold the liable party or parties responsible for your injuries. In a 20 year study published in Clinical Orthopaedics and Related Research, it was shown that physicians and medical providers typically win the majority of medical malpractice cases. With weaker evidence, physicians win approximately 80% of cases and 70% of cases with borderline evidence. However, with strong evidence, a victim has approximately a 50% chance of winning a medical malpractice suit.
Additionally, the amount of compensation received in medical malpractice cases has continued to decrease year after year. The most common medical areas that are sued for medical malpractice are surgeons, ob-gyn specialists, otorhinolaryngology (ear, nose and throat specialists), urologists, and orthopedic specialists.
Each medical malpractice case is unique, and the facts and circumstances regarding the medical error, as well as the severity of the damages, is different in each case. Our legal team can help you determine if you have a strong medical malpractice case.
Types of Medical Malpractice Cases
The most common types of medical malpractice cases involve some sort of medical error. Some examples include the following:

Prescription of incorrect medication, incorrect dosage of medication, or medication that the patient is allergic to, or will adversely interact with other medications they are currently taking
Failing to identify and diagnose a life-threatening condition, or misdiagnosis of a life-threatening condition, therefore providing inaccurate or inappropriate medical treatment
Leaving a medical instrument in a patient after surgery
Surgical errors that ultimately result in a patient’s loss of body part
Childbirth injuries

This list is in no way exhaustive, and it is important to note that medical malpractice claims can include medical providers such as dentists, chiropractors, and other medical professionals.
Medical Malpractice Case Challenges
A medical malpractice case must prove the following elements: the medical provider had a duty to provide a certain level of care, that duty was breached, the breach of duty directly caused injury, and there were actual damages and injuries. If these elements can be proven, you will likely have a strong medical malpractice case.
However, having a strong medical malpractice case based on the evidence is only the first challenge. Convincing a judge or jury that a physician breached his/her duty of care, and acted in a way that would be contrary to a ‘reasonable and prudent’ doctor in the same situation can be a challenging legal hurdle to articulate. Ultimately, this is the most important element of proof, that the doctor was negligent in his/her responsibility and duty of care to you as their patient. Proving this may require hiring an expert, providing complicated medical information and establishing a strong case.
The most typical challenges in a medical malpractice case can include the following:

Complicated medical evidence
Difficulty proving that another doctor would have acted differently
Insurance company pressures
Need for expert medical witnesses familiar with the type of medical procedure that occurred.
Need for affidavit requirements from witnesses

Improve Your Chances of Winning a Medical Malpractice Case
While the odds are not necessarily in your favor, there are some steps you can take to improve your chances of winning a medical malpractice case.
First, send a demand letter to the medical provider and demand compensation for your injuries, lost wages, and other damages. We can help you build your case, establish your medical malpractice claim, and issue a demand letter to compensate you for your injuries suffered due to your medical provider’s negligence.
Establish a strong case with as much evidence as possible. Maintain all medical records, a journal of your physical injuries, lost wages, potential future lost wages, pain and suffering and any other related information regarding your medical malpractice case.
Contact a Medical Malpractice Attorney in Florida
If you have been injured by a medical professional’s negligence, contact Chalik & Chalik Injury Lawyers at (855) 529-0269. We can discuss how we surpass the percentage of winning a medical malpractice suit in Florida and help you build a strong medical malpractice case. You may have a limited to act under FL § 95.11.

Question 34

Types of Workers’ Compensation Benefits in Florida

Accepted Answer

If you’ve been injured on the job, you may have medical bills and lost wages. FL § 440.02 provides you benefits you need in order to receive medical care or replace lost income. Contact Chalik & Chalik Injury Lawyers at (855) 529-0269 today to find out what types of workers’ compensation benefits in Florida you can receive.
Medical Benefits
Workers’ compensation pays 100% of all medical bills and treatment related to any work-related accident in Florida. Any medical claims related to a work injury are paid immediately. These benefits include doctor’s appointments, emergency room visits, hospital stays, medications, physical therapy, and rehabilitation treatments. Medical equipment such as crutches and wheelchairs are also covered under workers’ compensation medical benefits.
Oftentimes, the medical bills are the only compensation needed for an accident or illness that is work-related. Many work-related injuries are not severe enough to cause an employee to be unable to work, but still need medical attention. It is important to note that employer workers’ compensation plans have different levels of coverage. Depending on your employer’s plan, certain providers or treatments may not be covered. Visiting with Chalik and Chalik Injury Lawyers at (855) 529-0269 can help you determine what your rights are regarding your employer’s workers’ compensation plan.
Physical Rehabilitation Benefits
Similar to medical benefits, rehabilitation benefits help pay for therapeutic care such as physical therapy. Rehabilitation and physical therapy can often help an employee recover from a work-related accident, injury, or illness.
Vocational Rehabilitation Benefits
Another of the types of workers’ compensation benefits in Florida you could receive is vocational rehabilitation benefits. If an employee suffering from a work-related injury or illness is unable to return to the type of work they previously performed, they may qualify for vocational rehabilitation benefits under workers’ compensation insurance. The Florida Division of Vocational Rehabilitation will cover the cost for a worker to learn a new skill so that they can return to work doing a different type of job. Tuition, professional or educational training, and certifications may all be covered under vocational rehabilitation workers’ compensation benefits.
Many workers’ compensation insurance programs allow for two years of vocational rehabilitation, which can help the employee find other skills and employment. During the time of vocational rehabilitation, a disabled employee may still receive wage compensation for lost wages.
Wage Compensation
If the injury or illness you suffered while working on the job resulted in a disability that prevents you from working either temporarily or permanently, you may qualify for wage compensation due to your disability. The amount of wage compensation you receive through workers’ compensation will depend upon your type of disability.

Temporary Total Disability. This type of disability applies when you cannot return to work because of their injuries. During the time you are on temporary total disability, you should receive compensation totaling two-thirds of your regular wages.
Temporary Partial Disability. If you are able to return to work but can only work with certain restrictions such as limited hours, limited movement, or limited type of work, then you may qualify for temporary partial disability. If you are unable to earn at least 80% of your previous regular wages, you will qualify for temporary partial disability and receive additional compensation.
If you suffered a severe injury, and your medical condition is not expected to improve, you may qualify for wage compensation based on impairment. A doctor will have to state that in their qualified, professional opinion, you have reached “maximum medical improvement.” An impairment rating will be given to you to rate your disability, and you may be put on a permanent work restriction. Your wage compensation will be determined by your impairment rating and specific condition.
Permanent Total Disability Benefits. If your injuries from your work-related accident or illness are so serious that you are unable to ever go back to work, and you have reached your “maximum medical improvement”, you may qualify for permanent total disability benefits in Florida.

Death Benefits
If your work-related injury ultimately results in your death within one year of the accident, or five years after the disability, your family maybe receive compensation and death benefits that include funeral expenses, burial expenses, education benefits and compensation allowances for dependents. For employees who die without dependents, their benefits are limited to funeral and burial expenses.
Additionally, in some cases, the deceased’s beneficiaries are even eligible to receive a portion of the deceased employees' wages. The amount can be quite substantial, and we can help you understand how much you may be owed if your loved one suffered a work-related injury that led to their death.
Contact a Workers’ Compensation Benefits Attorney in Florida
The different types of workers’ compensation benefits in Florida provide workers the ability to be justly compensated in the event of a workplace accident or illness. If you have suffered a work-related injury or illness, contact Chalik & Chalik Injury Lawyers at (855) 529-0269 today to find out how we can help you obtain your workers’ compensation benefits.

Question 35

Can I Sue A Plastic Surgeon For Medical Malpractice In Florida?

Accepted Answer

Yes, you can sue a plastic surgeon for medical malpractice in Florida. A plastic surgeon is a licensed medical practitioner, and just like any licensed medical practitioner, you can file a medical malpractice lawsuit against him if you have a legitimate claim for a medical error.
We go to doctors and other medical professionals trusting our health and safety is their highest priority. If you are considering filing a claim for medical malpractice against a plastic surgeon because you feel you are a victim of a medical error, there are many facts to understand about the process. Careful attention to detail will ensure that a claim is recognized without delay.
Definition of Medical Malpractice in Florida
Medical malpractice refers to the failure of any licensed healthcare practitioner, such as a doctor or physician, to provide proper service to a patient. Instead, the medical professional acted negligently, ignorantly, or criminally, resulting in injury or death.
Types of acts that are usually considered malpractice are:

Failure to properly diagnose an illness or injury
A misdiagnosis of an illness or injury
Conducting surgery or treatment that does not comply with medical standards
Incorrect procedures performed on a patient
Unsterile operating tools or rooms
Failing to give patients appropriate attention
Releasing patients prematurely from medical care
Injuries to mother or baby resulting from improper practice during birth

Medical malpractice can result in unnecessary pain, disfigurement, scarring, and even causing the untimely death of a patient.
Most medical professionals follow procedures and adhere to the standards of proper medical practice, but accidents happen. Any perceived act of malpractice should be investigated to prevent a repeated incident to another patient.
Filing a Medical Malpractice Lawsuit
The process of filing a lawsuit against a medical professional in Florida can be quite extensive and overwhelming. Understanding how a claim should be filed can help you know what to expect during the process.
Notice of Intent to Sue
If you intend to file a lawsuit against a plastic surgeon in Florida, you must give proper notice to the doctor, hospital, or other medical professionals who allegedly committed the infraction. This includes providing an affidavit from a medical professional stating that medical malpractice most likely occurred.
The defendant then has 90 days to respond to the claim either by denying the claim or offering a settlement. They can also submit for arbitration.
Optional Investigation Period
Either party can request an investigation of the medical malpractice claim. Usually, this requires hiring a medical expert in the same field as the defendant. The goal is to provide proof that the medical error claim is legitimate.
Statute of Limitations in Florida
There is a two-year time restriction imposed by FL § 95.11 on filing a medical malpractice claim. The clock starts ticking on the date the malpractice occurred.
The 90-day notice of intent to sue, as well as the 90 days given to investigate, could "toll," or stop, the clock on the statute of limitations. However, it will not stop the clock if the two years elapse during the time the investigation is being conducted.
A Medical Malpractice Report
In 2016, a study was conducted by Johns Hopkins University that reported a shocking discovery. It was concluded that medical malpractice is the third leading killer of Americans, after cancer and heart disease.
Johns Hopkins also noted that medical error could account for as many as 250,000 deaths across the nation. Professionals at Johns Hopkins are advocates for changing the way death certificates are notated, which includes medical error as a possible classification when applicable.
Typical Damages Recovered From a Medical Malpractice Suit
If you have been the victim of medical error, you may be able to recover compensation for your losses. Those damages typically fall under two different types.
Economic Damages
Economic damages are usually able to be calculated to a total sum that can be awarded. For example, medical bills, lost wages, and other expenses related to the accident are considered economic damages.
Non-economic Damages
Non-economic damages, such as pain and suffering, are considered non-quantifiable damages. In these instances, the total amount awarded is decided by a jury. In some cases, the jury can be given guidelines to help them understand how much to grant, but the decision is up to their best judgment based on the extent of the injury and the loss suffered.
If you or a family member has been the victim of a medical error and have suffered loss, you could have a claim for compensation. Call Chalik & Chalik Injury Lawyers at
(855) 529-0269 for a free consultation and to learn more about how to sue a plastic surgeon for medical malpractice in Florida.

Question 36

Can You Sue A Doctor For Pain And Suffering In Florida?

Accepted Answer

The short answer is no, you cannot sue a doctor for pain and suffering. You can sue for medical malpractice, however, and be awarded damages for pain and suffering.
If you believe that you have a claim against a medical professional for malpractice in Florida, you must keep in mind that Florida law imposes limitations, mainly time limits, and also requires some complicated prerequisites for filing a lawsuit.
We understand how overwhelming this type of situation can be. It is important for you to understand the facts and details of medical malpractice. Continue reading to learn more.
Overview of Medical Malpractice?
Medical malpractice includes any legal action against a medical professional or doctor for medical error or negligence. Typical malpractice claims are:

Misdiagnosis of the patient
Failure to diagnose an illness or injury
Poor performance of a surgery or treatment
Performing the incorrect procedure on a patient
Unsterile operating room or surgical equipment
Ignoring or neglecting a patient
Releasing a patient too soon from a medical care facility
Injuries to a mother or infant during birth

Accidents do happen, but a medical error should be investigated to ensure that practitioners are conducting themselves according to the standards of a medical professional. Death, grievous bodily harm, disfigurement, scarring, and pain have all been the result of malpractice.
Mistakes, unfortunately, can even be made by good doctors. If you have a valid claim to medical practice, you may be able to receive compensation for damages, including pain and suffering.
Prerequisites for Filing a Malpractice Lawsuit
There are prerequisites that you must follow before filing a medical malpractice lawsuit. Failing to accomplish these prior to filing could result in your claim being dismissed, delayed, or missing the deadline to file.
According to the Florida Bar, there is a limit to the amount of time you have to file a claim. Generally, you have two years from the date the malpractice was discovered. Both prerequisites put a "toll," or stop, to the time clock for 90 days each.
In Florida, you must give the doctor notice that you intend to file a lawsuit and an investigation by all necessary parties, including:

The claimant (you)
The doctor
The doctor’s insurer

After the notice has been given, the doctor has 90 days to respond with their intention to settle, reject, or submit the claim to arbitration.
During the investigation process, also 90 days, you can hire a medical professional to provide proof of medical error or the doctor’s negligence. After careful review of medical records, the medical professional, typically an expert in the same field, will be a witness and provide an expressed opinion concerning the defendant's negligence.
Accountability in a Malpractice Claim
Any person who administers medical care can be held liable in a malpractice claim. This includes:

Hospitals
Clinics
Doctors
Physicians
Nurses
Psychologists

There are some cases where a non-practitioner, someone who does not have a license to conduct medical procedures, has been found responsible for medical malpractice. The penalty in these situations is severe, and you may be entitled to further compensation.
Medical Malpractice is a Leading Cause of Death
In 2016, an estimated 250,000 deaths were the result of medical error. That ranks medical malpractice as the third largest killer in America and outnumbers what the Centers for Disease Control and Prevention (CDC) calls the third leading cause of death—respiratory disease.
Common Damages You Can Collect During a Medical Malpractice Lawsuit
After investigation, if you do have a legitimate claim for medical error, you could be to sue for compensation for your damages. The common damages are:

Medical Care: Hospital stays, ambulance transportation, treatments, surgeries, medication, follow-up care, medical scans such as X-rays, MRIs, and CT scans
Lost Wages: Any lost income from missing work including future wages, missed opportunities for advancement if not able to return to work
Pain and Suffering: Physical pain from your injuries and mental anguish suffered from loss of enjoyment of life
Therapy: Physical therapy for rehabilitation of injuries or psychological therapy for PTSD
Punitive Damages: Not common, but if the medical professional's conduct was intentional, malicious, or reckless
Wrongful Death: If you lost a loved one due to malpractice

Economic damages are actual money lost because of the incident. These types of damages, such as medical bills, are able to be calculated. Non-economic damages, such as pain and suffering, are awarded by a jury that will evaluate the extent of your injury or loss.
If you or a family member have been a victim of medical malpractice, you may be able to recover compensation to recover your losses. Call Chalik & Chalik Injury Lawyers at (855) 529-0269 today for a free, no-risk consultation regarding your case.

Question 37

Can My Employer Make Me Return to Work in Florida?

Accepted Answer

No, your employer cannot make you return to work in Florida. Only your treating physician has the authority to release you back to work. However, if your doctor has decided that you are capable of returning to work in some capacity, you are legally required to make an honest effort to return to work. If you do not, you forfeit your eligibility for lost wage benefits.
There are some situations where restrictions are placed on the type of work you can return to, and your employer must abide by these restrictions. If they do not, you should immediately contact the workers’ compensation insurance adjuster and explain the situation.
Understanding Workers’ Compensation Laws
Workers’ compensation laws in Florida are designed to transition the employee back into the workplace as quickly as reasonably possible.
According to the Florida Division of Worker’s Compensation, if limited or light-duty tasks are available at your place of employment, and if it is determined by your treating physician that you are capable of performing these limited or light-duty tasks (even if the pay for these tasks is less than your previous position and even if you are not totally recovered), workers’ compensation payments can be stopped by your employer.
In a situation where there is no availability of light or limited duty, your employer must make the workers' compensation insurance carrier aware of this fact. If they send you home and do not alert the insurance carrier, your worker's compensation payments could be stopped or interrupted.
If returning to your current place of employment is not possible because of your limitations, but it is concluded that you can work in a more sedentary position, you may be required to change jobs. If you can return to a job in any capacity, your workers’ compensation insurance could deny or stop benefits.
Other circumstances that could stop workers’ compensation benefits are:

The employee refuses to return to the work they are capable of performing. This would stop benefits during the period of refusal.
If the employee chooses to find new employment, the employee must give the former employer an affidavit in writing. The affidavit should include the new wage amount, the name of the new company, and the name of the new employer. If the employee fails to send the affidavit to the former employer, benefits will be discontinued until it is received properly.

Temporary Partial Disability Benefits
When your treating physician releases you from a no-work status, but places restrictions on the work you can perform, you may be eligible for Temporary Partial Disability Benefits until FL § 440.15.
Some important information to know about these benefits includes:

You must be unable to earn at least 80 percent of the income earned at the time of the injury.
The maximum time to collect Temporary Partial Disability Benefits is 104 weeks.
If you reach Maximum Medical Improvement (MMI) before 104 weeks, the benefits will stop at that time.

MMI is when your doctor determines that your injuries are not likely to heal or improve more than their current state.
Requests for Medical Evaluation
If your employer or the insurance carrier feels that you may be able to return to work, they can request an assessment by the rehabilitation advisor.
These assessments are limited to one time per year. In addition, they must notify you and any attorney who you have retained at least seven days prior to the evaluation.
If the testimony of the medical professional conducting the assessment concludes that you can return to work, even light or limited duty, your employer has the right to stop your workers’ compensation benefits.
You Have the Right to Change Your Doctor
If you feel that your current physician has made a mistake in sending you back to work, you could start by requesting that your current doctor gather a second opinion of your condition.
If they are unwilling to fulfill your request, you do have the right to change physicians once during your workers’ compensation claim. The new doctor will be provided by the insurance carrier and will have the same specialty as the former doctor.
You may also request your own evaluator, but the insurance carrier must approve the medical professional conducting the evaluation. In addition, the expense of the evaluator may be your responsibility.
Call Chalik & Chalik Injury Lawyers for Workers’ Compensation Help
A workers’ compensation attorney at Chalik & Chalik Injury Lawyers knows that your employer cannot make you return to work in Florida and can help you understand the benefits you should be receiving. If you have suffered an injury while performing your duties at the workplace, you may also be able to pursue damages outside of workers’ compensation. Contact our team today at (855) 529-0269 for a free consultation to evaluate your claim.

Question 38

How Long Do Workers’ Compensation Benefits Last in Florida?

Accepted Answer

The duration for which you can receive workers’ compensation benefits varies, but for most people, it is 104 weeks or until you return to your previous job.
Most employees who get hurt on the job miss a few days of work and then return to their job. Even when they cannot return to their previous job, they can often find employment in some other field. In rare cases, catastrophic injuries prevent an injured employee from working any job.
Florida workers’ compensation income benefits do not begin until day eight. You do not get paid for the first week you miss work, at least not right away. It is typically expected to use vacation or sick leave to cover this time away. However, if you miss 21 days or more, you can receive workers’ compensation pay for the time if you missed.
Also, medical care coverage for your injury and related complications lasts for the rest of your life or until you reach a settlement with the insurer for a lump-sum payout. You can also continue to draw workers’ compensation benefits in Florida until you reach age 75, in some cases.
Once your income benefits begin, though, you will receive temporary total disability or temporary partial disability payments while you are out of work. These compensate you for a portion of your lost income (total) or a portion of the difference between your current income and your previous income (partial).
Permanent Total Disability Does Not Run Out Until Age 75
Getting permanent total disability requires evidence showing that you are unable to even work a sedentary job. Once you qualify for permanent total disability, it continues until you reach age 75 or until there is evidence that you are capable of returning to the workforce. That is how long workers’ compensation benefits last in Florida in this case.
With this level of disability, you may also qualify for Social Security Disability with this type of workers’ compensation insurance coverage, but there may be a reduction in your workers’ compensation payment amount.
Many Injured Workers Negotiate Workers’ Compensation Settlements With the Insurance Company
In many cases, injured workers negotiate a lump-sum settlement with the workers’ compensation insurance company instead of continuing to draw income benefits for years or even decades. This is allowed under Florida law, but there are rules on how and when this is possible.
Having an attorney working on your case before you negotiate a settlement with the workers’ compensation insurance company can help you receive an equitable settlement.
The Attorneys From Chalik & Chalik Injury Lawyers Are Here to Help With Your Florida Workers’ Compensation Case
If you need help understanding or fighting for the workers’ compensation benefits in Florida you deserve, reach out to Chalik & Chalik Injury Lawyers. Based on the facts of your case, we can help you understand how your benefits should work and how long your workers’ compensation benefits should last. We can act when you are not getting the benefits you deserve.
At Chalik & Chalik Injury Lawyers, you will always work with one of our partners directly. Partners and founding attorneys Jason Chalik and Debi Chalik take a hands-on approach to every case. Let our family help yours.
Chalik & Chalik Injury Lawyers Will Fight for the Compensation You Deserve
We can review your case, appeal a workers’ compensation denial, or take action to help secure the workers’ compensation benefits in Florida to which you are legally entitled. Depending on the facts of your case, we may be able to pursue damages through a claim against a liable party in your accident.
For example, if a supplier visiting your work hits you with their truck, the driver’s employer may be liable for some of the expenses and losses you experienced as a result.
Talk to a Workers’ Compensation Attorney About Your Benefits
At Chalik & Chalik Injury Lawyers, our attorneys and staff can simplify the workers’ compensation system for you. We will work on your behalf to challenge a denial or other issues with the workers’ compensation insurance company and how they pay you the benefits you deserve. We take on workers’ compensation cases from our 12 offices across Florida. Call (855) 529-0269 today to get started with a free case review with one of our offices nearest you.

Question 39

When Should I Hire A Workers’ Compensation Attorney In Florida?

Accepted Answer

You should hire a Florida workers’ compensation lawyer from the beginning of your incident to protect your legal rights. Florida law lets you seek compensation and other benefits if you get hurt at work, but you can lose your right to workers’ compensation if you miss the deadlines for the program. In addition, a workers’ compensation lawyer can help guide you through the process of notification, getting the correct medical care, and applying for benefits.
If you were hurt or developed an illness because of your job, contact an attorney as soon as possible to discuss your rights to a workers’ compensation claim.
Workers’ Compensation Deadlines in Florida
Florida only gives you 30 days to report your injury or illness to your employer. Your notification to your boss must be in writing, and on the correct form. Make sure that you put the date on the form and keep a copy so that you can prove when you gave notice.
Thirty days might seem like a long time, but the clock starts running on the day that the injury or illness occurred or when a doctor told you that your illness or injury was job-related. When you are dealing with medical issues, such as pain, inconvenience, and getting treatment for your condition, it is easy to lose sight of the deadline or to forget that you have to give your employer notice.
When you work with a lawyer on your claim, the lawyer can take care of the legal matters so you can focus on getting better. We can also make sure that all the rules get followed for your benefit.
You Cannot Go to Your Regular Doctor
Many people end up with unpaid medical bills because they did not realize that you have to go to a different doctor for treatment of a work-related illness or injury. Florida’s division of workers’ compensation will provide medical care, hospitalization, doctors, prescription drugs, diagnostic tests, physical therapy, and other approved medical expenses but only if you go to a doctor on your employer’s list.
If you go to your personal doctor instead of one of the doctors on the approved list, you will get stuck with those bills. Standard health insurance usually does not cover work-related injuries or illnesses, so your health insurance will not pay those either.
You must also provide the name and telephone number of your employer or the workers’ compensation insurance company to everyone who treats you for the work-related injury or illness. You must notify each such provider that the condition is work-related.
Workers’ Compensation Cash Benefits
In addition to providing free medical services, Florida worker’s compensation can provide cash benefits to help replace some of your income when you cannot work because of your work-related illness or injury.

Temporary Total Disability (TTD) benefits send you a check for part of your regular wages if you cannot work at all for the time you recuperate.

Permanent Total Disability (PTD) benefits provide some income if your doctor expects that you will never be able to perform any work again to support yourself.

Temporary Partial Disability (TPD) benefits help to make up some of your lost income if you have to work temporarily in a limited capacity because your work-related illness or injury and the limitations have reduced your pay.

Impairment Income Benefits (IIB) pay you for the value that the Florida workers’ compensation program places on permanent impairment from the work-related injury or illness.

Now is the time to hire a workers’ compensation attorney in Florida. Call Chalik & Chalik Injury Lawyers today at (855) 529-0269 for a free consultation about your Florida workers’ compensation claim.

Question 40

Can I Work While On Workers’ Compensation In Florida?

Accepted Answer

The simple answer to this question is no, although there are exceptions. Florida’s workers’ compensation laws are designed to get employees back to work as quickly as possible. This means that if an employee is capable of performing their duties at work, even if they do not feel 100 percent recovered, their workers’ compensation payments will stop.
Furthermore, even if you are injured to the point that you cannot perform your usual job, if there is another job that you are capable of performing, such as a sedentary job, your insurance company can deny your benefits on that basis.
Workers’ Compensation and Multiple Jobs
Many people in Florida hold second jobs to meet their financial obligations. In many cases, the jobs are similar in nature or industry. Typically replacement wages are two-thirds of your pre-injury weekly wage. They will not be higher than the average weekly wage in Florida.
Whether your second job will be included in your average weekly wage will depend on whether your employer is required to provide workers’ compensation insurance. If your employer is not required to have workers’ compensation, the income you earn from the second job will not be considered when calculating the average weekly wage.
Temporary Partial Disability Benefits
There are other instances wherein the Florida Employee Assistance Office will allow you to work while on workers’ compensation in Florida and still collect benefits. For example, when a doctor says that you have been cleared to return to work, but with restrictions, you may be eligible for Temporary Partial Disability Benefits if you cannot earn 80 percent of the wages you were earning when you were injured. Be aware that the maximum amount of time you can receive partial benefits is 104 weeks or until the date maximum medical improvement (MMI) is reached, whichever is first.
Employees and Insurance Companies Requests for Evaluations
An insurance company can request an evaluation of your medical condition for a number of different reasons, including situations in which:

a physician recommends the tests
your condition has changed
your condition appears to be improving

While the insurance company can only request one evaluation each year, it only has to give seven days of notice to you or your attorney that an evaluation is being conducted.
If you have been injured at work, there are benefits to help you, some that may even allow you to work while on workers’ compensation in Florida. For a free consultation to learn about your workers’ compensation insurance, contact the dedicated team at Chalik & Chalik Injury Lawyers at (855) 529-0269.

Question 41

Can My Employer Stop My Workers&#8217; Compensation Benefits In Florida?

Accepted Answer

Yes, an employer can legally stop your workers’ compensation benefits in Florida according to the Florida Division of Workers’ Compensation. The circumstances where this would apply are if you are only temporarily disabled or if you are found physically capable of working.
In the case where you are only temporarily disabled, you would receive temporary total, temporary partial disability, or a combination of the two types of payments for no more than 104 weeks. After that time, the benefits are stopped.
An employee’s permanent total disability payments can be stopped if an employee is found to be physically capable of employment, even sedentary work, within a 50-mile radius of his or her home.
There are a couple of other situations that would stop, at least temporarily, the payment of workers’ compensation benefits:

If the injured employee refuses employment that they are capable of performing, the employee is not entitled to compensation during the continuance of the refusal.
If the employee leaves the employer they worked for during the injury and finds new employment, the employee is required to give the former employer an affidavit in writing. That affidavit must contain the name of the new employer and the company name as well as the amount of wages being received. If they fail to do so, the benefits will stop until the affidavit is received.

The Employer’s Right to Conduct Medical Evaluations
According to Florida § 440.15, the employer or insurance carrier has the right to conduct testing or evaluations by the rehabilitation advisor. This right to conduct evaluations includes:

Instances where evaluations were recommended by the treating physician or an independent physician
Instances that are justified by a change in the employee’s condition
Situations where the employee seems to be making improvements

The right to conduct evaluations is limited to once per year. Requests for an assessment must be confirmed in writing, and the employee and the employee's lawyer must have at least seven days notice.
If the medical expert conducting the evaluation offers testimony that you can return to work, the employer will have the right to terminate your right to workers' compensation benefits.
Requirements for Florida Workers’ Compensation Benefits
The state of Florida requires employees to meet eligibility requirements to qualify for workers’ compensation benefits.

Provide proper notice: to discourage insurance fraud, Florida requires employees to notify their employers within 30 days of an accident to qualify for benefits. If the employee fails to do so, they could lose the right to benefits.
Receive medical care: it is essential to receive professional medical attention as soon as possible after the incident. If the employee fails to do so, it can be challenging to prove that the injury was the cause of the workplace accident.
Identify the location of the accident: the employee will need to identify that the accident took place during regular work hours while performing routine work responsibilities.

To reiterate, your employer can legally stop your workers’ compensation benefits in Florida. If your workers’ compensation benefits do not cover the full extent of your damages, or if a third-party is involved in your accident, a lawyer can help you understand your options. Contact the team at Chalik & Chalik Injury Lawyers at (855) 529-0269 today for a no-obligation review of your case.

Question 42

What Should A Worker Do After Getting Injured On The Job In Florida?

Accepted Answer

After getting injured on the job in Florida, it is important to let your supervisor or employer know right away. According to the Florida Division of Worker’s Compensation, you do not do so within 30 days of the accident, you may jeopardize your claim and lose your ability to recover compensation for damages you sustained.
In some cases, workers do not immediately realize right away that they are injured. In this case, it is important to let your supervisor or employer know as soon as you realize you are injured, even if some time has passed since you reported the accident. You do not want to wait beyond the 30-day time limit.
How the Florida Statute of Limitations Impacts a Workplace Injury
You have two years from the date of your accident to file a claim pursuing damages. If you failed to report your injury within the first 30 days, though, you might lose the right to recover damages, regardless of where you are within that two-year timeframe.
Medical Benefits Covered Under Florida Law
When your employer has been made aware of your injuries and established that they are covered under Florida law, the insurance company will:

Provide a physician for you
Pay for all of your necessary medical expenses directly related to your accident

If you are dissatisfied with the doctor who has been assigned to you, you are allowed one change of physician.
Medical expenses that the insurance company will cover specifically include:

Doctors’ examinations
Hospital stays
Physical therapy and rehabilitation
Medical testing
Medication
Travel expenses going to and from your appointments

Benefits Related to Lost Wages
If your injuries are severe and your authorized doctor advises against working after seven days, you may be eligible for wage replacement benefits. If you do qualify, this benefit will begin on the eighth day of disability. Typically, wage replacement benefits equal two-thirds of your regular wage, but the amount may vary. It will not, however, exceed your pre-injury weekly wage.
Common Injuries Employees Sustain on the Job in Florida
While each case is unique, here are a few of the more common injuries that workers have while on the job in Florida.
Slip and Fall Accidents
Falls are one of the most common injuries in a work setting, and for some industries, the likelihood of serious injury or fatality from a workplace fall is high. The Bureau of Labor Statistics reports that falls accounted for 17% of worker deaths in 2017.
Strains
For employees who regularly lift heavy objects, back and neck strains are a common injury. Strains are also a problem for employees who perform any repetitive motion, such as using keyboards. In some cases, repetitive motion can cause severe symptoms and prevent the employee from performing the task for some time.
Being Hit by Falling Objects
Though this is a major problem in the construction industry, where falling objects can be life-threatening or even fatal, this can happen in any workplace environment. Objects could easily fall out of cabinets or from high shelves in warehouses.
Cuts and Lacerations
Whether you are injured by a power saw or a paper trimmer, a normal day can quickly turn sour if workplace equipment leaves you with a painful cut.
Inhaling Toxic Fumes
While this may not be a problem within many places of employment, toxic fumes can quickly put our skin, eyes, or lungs at risk for injury. It is important to take preventative measures if you are working with or around toxic materials or fumes.
Crashes and Collisions
Transportation accidents are the cause of nearly half of all worker fatalities as well as the majority of worker injuries.
Benefits Owed to the Family in the Event of Death
If the workplace accident is fatal, the Division of Workers’ Compensation provides death benefits to the family for their loss. If the death occurs within one year of the accident or after five years of continuous disability from the accident, the family receives benefits up to a maximum of $150,000. This includes:

Funeral expenses
Compensation to dependents
Educational benefits to the surviving spouse

Why It Can Help to Talk to Chalik & Chalik Injury Lawyers
After getting injured on the job in Florida, it can be helpful to speak with an attorney who has worked on workers’ compensation claims before filing your claim. The initial case evaluation is free and can help you better understand the process you are about to begin and what benefits you are entitled to. If you have been injured on the job in Florida, call Chalik & Chalik Injury Lawyers at (855) 529-0269 today to speak with a member of our team.

Question 43

What Should You NOT Say to an Insurance Adjuster in Florida?

Accepted Answer

If you have been injured in an accident due to someone else’s negligence and are thinking about filing a lawsuit for compensation, speaking to the other party’s insurance adjuster may not be the best choice.
If you have been hurt, you may not know the extent of your medical condition or if other medical issues related to your original injuries will crop up. Therefore, you do not know how much compensation you will need to recover and get on with your life. The other party’s insurance adjuster may hope that you unintentionally incriminate yourself or accept their first settlement offer.
Some insurance companies may even advise you to not hire an attorney because they want you to settle for a lower amount. Hiring an attorney if your injuries are serious, or if multiple parties are liable for your injuries, will ensure that the insurance company stops contacting you and contacts your attorney instead. Read on to learn more about what you should not say to an insurance adjuster in Florida.
The Insurance Adjuster Called and You’re Unsure of What to Do
If the other party’s insurance adjuster contacts you, there are ways to handle the conversation, starting with:

Identifying the caller by getting their name, which insurance company they work for, a phone number and email address, and the name of the person whom they are representing.
Take notes during the conversation. Write down what the adjuster asked and notate what your responses were to his or her questions.
Do not over-explain what happened in the accident. Don’t give out any personal information such as your job responsibilities or your income. All you need to tell them is your name, address, phone number, and where you work.
Do not make a statement as to how the accident occurred. Be polite and respectful, but do not discuss the details of the accident. The only information to share with them is where the accident happened, what vehicles were involved, and if there were any witnesses. Let them know that the investigation is ongoing, and you currently have no further information to share with them.
Do not discuss your injuries. Let he or she know that you are still being evaluated and may be able to give them additional details at a later date.
If the adjuster calls you more than once trying to get additional information from you, let them know that you don’t intend to discuss the accident in detail.
Do not make a recorded statement. They have no right to record you unless you give them express permission to do so. Let them know that you are not comfortable with being recorded.
If you accept the insurance company’s settlement offer too quickly, you may be getting much less than what you deserve. It is important to have an accurate picture of what your claim is worth.

The Insurance Adjuster’s Role
An insurance adjuster is doing a good job for their employer when they spend as little of the company’s money as possible when settling claims. They are also encouraged to settle claims quickly and without the assistance of supervisors or lawyers. Insurance adjusters rarely have legal or medical training and are usually too busy to investigate your claim carefully. They know the insurance claim business, but they do not know your claim as well as you do. Most adjusters can come to an agreement with you on a settlement amount and send you the paperwork to finalize your acceptance of their offer.
What an Attorney Can Do for You
A personal injury attorney provides legal services for people who have been injured as a result of the negligence of another person or entity. It is in their best interests to get the best settlement for you in as little time as possible. At the beginning of the case, they will gather evidence, verify how the accident happened, and establish who was liable for your injuries. If the insurance company makes an offer, they will inform you.
If the offer is unacceptable, the attorney will enter pre-trial negotiations or arbitration to get you the compensation you deserve. If this is not successful, they will take your case to trial. Most personal injury lawsuits are settled in the pre-trial phase.
If you have been seriously injured due to someone else’s negligence, call the Chalik & Chalik Injury Lawyers at 855-529-0269 before the statute of limitations under Florida law passes. We know what you should not say to an insurance adjuster in Florida, and are looking forward to helping you get through this challenging period and on the road to recovery. We can even help you if the insurance company denies your rights protected under the Florida Homeowner Claims Bill of Rights.

Question 44

What is the Average Car Accident Settlement in Florida?

Accepted Answer

Every car accident involves a different set of circumstances. When injuries are more serious, or recovering from the injuries takes much longer, or a full recovery is not possible, the settlement amount may be worth more.
If you had a car accident and suffered minor injuries, your own insurance will pay you directly for the injuries because Florida is considered a ‘no-fault’ state. If your accident left you with severe injuries, along with compensation for economic damages such as medical bills and lost wages, you may also file a claim for pain and suffering that may be equal to five times your medical bills and other financial losses. A lawyer knows what the average car accident settlement in Florida is, and can determine how much compensation you can request based on your current and future needs.
Lawyers Can Estimate How Much Compensation You Can Receive
Under Florida’s no-fault insurance policy, all drivers must have a minimum of $10,000 in Personal Injury Protection (PIP). If you were in a car accident and suffered injuries, you can begin to get compensation from your own insurance company without establishing who was at fault for the accident. PIP offers 80% of medical benefits, 60% of lost wages, $5,000 in death benefits, and reimbursement for travel expenses to and from medical appointments. If you have permanent injuries, severe and permanent scarring or disfigurement, severe and permanent loss of an important bodily function, or a loved one has died as a result of their injuries, you can file a personal injury lawsuit against the at-fault driver.
The ‘Negligence’ Theory
To file a personal injury lawsuit, your attorney will need to establish four facts to collect damages for the negligent behavior of another driver. These four elements are:

The at-fault driver owed a legal duty of care to the victim;
The at-fault driver breached the legal duty of care that was owed;
The breach of duty caused the victim’s injuries; and,
The victim suffered damages as a result.

Insurance Company Adjusters
Many insurance adjusters have an incentive to settle your claim as fast as possible while making you a relatively small settlement offer when you first file your claim. They are also interested in avoiding a lawsuit. Adjusters generally have no medical or legal training, and are busy handling dozens of claims at any one time. You will know the details of your case much better than they do, so you may do yourself an injustice if you settle for the first offer the adjuster makes.
Insurance Company Settlement Offers
Adjusters look at the same factors in your case as a jury would. These factors are:

Your actual current expenses and what you will need in the future;
Your lost wages or ability to earn a living;
Pain and suffering; and,
Other negative effects of your injuries.

Insurance adjusters will also look at the limits of your insurance policy and they will never pay more than the maximum amount of the insurance policy. They will look at how strong your case is; the stronger the case, the larger the settlement. Some other things the adjuster may use to determine their settlement offer are:

Past jury verdicts and settlement for a specific injury;
If you filed for bankruptcy;
Was there a gap in getting medical treatment;
Are you married and do you have children;
Did you take an ambulance to the hospital;
Do you have pre-existing injuries;
Do you wear glasses, contact lenses, or hearing aids;
Were you sick at the time of the accident;
The type of health insurance you have; and,
The time it takes to settle your case.

Hiring a Personal Injury Lawyer
Hiring a lawyer to handle your personal injury case lets the insurance company know that you are serious about your case and that you may file a lawsuit if you don’t receive a fair settlement in your case. Hiring an attorney to handle your case is a good idea if:

You suffered long-term or permanent injuries;
Your injuries were severe;
Liability for the accident is unclear and multiple parties may be involved; and,
The insurance company denies your claim, makes you a very low offer, doesn’t respond to your communications, uses “bad faith” insurance tactics, violates your rights under the Florida Homeowner Claims Bill of Rights, or negotiating with the insurance company has broken down.

Call Chalik & Chalik to Start Working Toward Justice
If you have suffered serious injuries and are thinking about filing a personal injury lawsuit, contact Chalik & Chalik Injury Lawyers at 855-529-0269 for a free case review and personalized attention before the statute of limitations under Florida law passes. We know what the average car accident settlement in Florida is, and we will fight to secure the compensation you deserve.

Question 45

What Are the Most Common Causes of Car Accidents in Florida?

Accepted Answer

Five of the most common causes of car accidents in Florida are distracted driving, running a red light or stop sign, not being aware of your surroundings, driving too fast, and driving under the influence. A DUI charge means that you are accused of operating a motor vehicle with a blood-alcohol level of 0.08 percent or more. Your blood-alcohol level can be determined by a Breathalyzer test, which is administered by the police officer involved in your arrest. If the amount of alcohol in your blood is above the legal limit, you will be placed under arrest.
Refusal to Take a Breathalyzer Test in Florida If You Are Charged with DUI
When you sign your name on your driver’s license, you are, in fact, giving implied consent to permit a Breathalyzer or other test to be administered if you are stopped for suspicion of DUI. You can refuse to take the test but refusing to submit to a blood-alcohol test can result in the immediate suspension of your driver’s license. Your refusal is admissible in court, so the prosecution may say that refusing the test means that you had consciousness of guilt.
Driving Under the Influence While Under Twenty-One
If you are under the age of twenty-one, you can be arrested in Florida if your blood-alcohol level is over 0.02. Florida refers to these laws as zero-tolerance laws because they often result in harsh penalties including drivers’ license suspensions. For a first-time offense, a minor may have their license suspended for six months. If they are stopped again for DUI, the license will be suspended for a year.
Distracted Driving
According to the National Highway Traffic Safety Administration, there were over 3,100 fatalities due to distracted driving in 2017. Distracted driving is any activity that takes your attention away from driving.

Manual distractions take your hands away from the steering wheel.
Visual distractions take your eyes away from the road.
Cognitive distractions occur when your mind wanders away from driving.

Most of these types of distractions include:

Talking or texting on the phone;
Eating or drinking;
Talking to passengers in the car;
Using the GPS system;
Changing the music; and
Anything that prevents you from giving 100 percent attention to driving when you are behind the wheel.

When you are driving and texting, you are taking your eyes off the road for five seconds. If you are going fifty-five miles an hour, you will have gone the length of a football field with your eyes closed.
Taking Safety Precautions When Driving in Florida
When people run a red light or fail to stop at a stop sign, they are putting everyone else on the road in danger. If you have been involved in a car accident and the other car ran a red light or went through a stop sign without stopping, chances are that they failed to obey the traffic laws because they were distracted or driving under the influence.
If the driver owed you a duty of care, such as stopping at a red light, and breached that duty by failing to stop, thereby causing an accident which resulted in damages that are recoverable, the driver was negligent and you have the basic formula for a lawsuit in court if you are interesting in suing for compensation.
Florida is considered one of the most dangerous states to operate a motor vehicle according to the Advocates for Highway and Auto Safety (AHAS). One of the most important things a driver should learn if they are operating a motor vehicle in Florida is to drive defensively.
Take advantage of every safety feature in your car including:

Wearing seat belts at all times no matter where you are sitting in the car;
Putting children in the back seat with a restraint or booster seat and a seat belt;
Don’t drive impaired;
Don’t be distracted; and
Take extra precautions if the weather is inclement or you are driving at dusk or at night.

How Chalik & Chalik Injury Lawyers Can Assist You
If you have been involved in one of the most common causes of car accidents in Florida or any other type of car crash and want to know if you are eligible to recover compensation for injuries or damages, call Chalik & Chalik Injury Lawyers at 855-529-0269. We will explain your rights are and how much your case may be worth. If you can’t come to us, we will go to you.

Question 46

Is There Anything You Need To Prepare When Meeting With A Florida Personal Injury Lawyer?

Accepted Answer

Most Florida personal injury attorneys will offer a no-cost case review if you or a member of your family suffered an injury in an accident. Knowing what to have on hand during this review, and knowing what information you may need, is imperative so you are prepared and can give the lawyer the most accurate view of your case during this free consultation.
Some of the steps we recommend taking to prepare when meeting with a personal injury lawyer in Florida include:
Write Down What Happened, When, and How
As soon as possible after an injury accident, we recommend writing down what happened. Include as many details as possible and explain what happened, when, where, how, and who was there. This is important because it not only helps you tell your attorney your story, but it gives you something to look back on if there is a court appearance several months down the road.
It is not important how you record what happened as long as you have access to it later. You can record a voice memo on your smartphone, handwrite the information, or type it and save it to your computer. Look over it immediately before your meeting with a personal injury attorney or take a paper copy with you.
Make a File of All Important Documents
We recommend starting a file immediately following an accident, so it is easy to have everything handy when you need it. If you have not done this, collect everything you can that is related to your accident and injuries before you meet with a personal injury attorney. This can include everything from pictures of your vehicle at an accident scene to your relevant medical records.
Some of the documentation you may need to have on hand includes:
Injuries and Medical Care

Your relevant medical records or notes about your care
Bills from the hospital, your doctors, therapists, and other practitioners
Any documentation of ongoing or future care needs
Details about your case including the ambulance service and hospital
Dates related to your hospital stay
Information about your treatment

Documentation of the Accident

Photos or video of the accident or your injuries
Notes you took about the accident
Contact information of any eyewitnesses
Anything you might think could help prove negligence

Information About Your Insurance

Your health insurance policy
Your auto insurance policy, if applicable
Your homeowner’s insurance policy, if applicable
The name of the at-fault party’s insurer

Other Documentation of the Accident and Your Injuries

The police report or report filed by first responders
Documentation of any time away from work because of your injuries

Write Down Any Questions You Have as You Think of Them
If you have questions you think of in the days leading up to your meeting, or if something pops into your head during the meeting, write it down. Many people draw a blank when they try to remember the questions they had about a personal injury case and pursuing compensation when the time finally arrives to ask them. By writing them down, you can ensure you do not forget to ask the attorney during your free consultation.
Be Ready to Take Notes During the Consultation with an Attorney
Do not forget a pen and paper or other tools so you can take notes during your complimentary consultation with a personal injury attorney. You will likely touch on a lot of topics and get a lot of information during this meeting. You will also get a chance to ask any questions you have and may want to make notes about the answers.
If you are nervous about your meeting or feeling unprepared, you may forget the obvious things -- like a paper and pencil. Do not just assume you will remember. Put a notebook and pen on your list of things to do to prepare for your initial consultation.
Call Chalik & Chalik Injury Lawyers for Your Free Case Review Today
Chalik & Chalik Injury Lawyers offer no-cost care reviews following injuries in a Florida accident. At our firm, you will never deal with a firm associate. You can expect founding partners Jason Chalik or Debi Chalik to handle your case from start to finish. We offer no-cost case reviews and consultations, giving us a chance to evaluate your case, answer your questions, and address your concerns.
When you meet with a Florida personal injury lawyer, we can help you understand your legal options, identifying the negligent party, taking action against them, holding them liable for your losses and expenses, and pursuing the compensation you need and deserve.
Call us today at 855-529-0269 to set up your complimentary meeting with a member of our team.

Question 47

How Do Pedestrians Seek Compensation for Injuries If Hit by a Car In Florida?

Accepted Answer

There are several ways pedestrians can seek compensation for their injuries if hit by a car in Florida. If you were the victim of this type of accident, you might be able to file a claim with your own no-fault insurance, with the at-fault driver’s no-fault insurance, or with the motorist’s auto liability policy.
If you suffered injuries after being hit by a car in Florida, the pedestrian accident attorneys from Chalik & Chalik Injury Lawyers can help you sort out your options and navigate the process to pursue the damages you deserve. We offer free case reviews. Call 855-529-0269 today.
You Can Pursue a Payout Based on Your Personal Injury Protection Policy
Florida’s no-fault auto insurance laws mean every driver must carry a Personal Injury Protection policy, sometimes called PIP insurance or no-fault coverage. If you drive a car, you must have at least $10,000 in PIP coverage. While this policy pays out regardless of fault after a car accident, it will also cover the injuries and a portion of your lost wages up to the policy limits following a pedestrian accident.
If you do not drive and do not have this type of coverage, you may be able to file a claim based on the policy of a family member who lives in your household.
You Can File a Claim Based on the At-Fault Driver’s PIP Coverage
If you do not own a car or have PIP coverage and none is available from a family member, the driver’s no-fault coverage may pay your medical expenses and limited lost wages. They should have at least $10,000 in coverage available which should cover the cost of relatively minor injuries like a broken arm or minor concussion. More serious injuries, however, will quickly eclipse the limits of most PIP policies.
Serious Injuries May Require Legal Action to Recover Compensation
Because the coverage limits of PIP coverage are relatively low and the injuries sustained in pedestrian accidents are often very serious and even life-threatening, there is not always enough money to cover all your medical bills and lost wages. In addition, PIP insurance does not offer coverage for pain and suffering and other noneconomic losses.
If you believe this may happen to you or a loved one, we recommend reaching out to our car accident attorneys as soon as possible. You can try to file a fault-based claim on your own, but it is important you accurately calculate your expenses and losses and are ready to aggressively negotiate for a fair settlement.
When you call on our team, we can go to work immediately to:

Investigate your accident and document your injuries, expenses, and losses
Work with experts, such as medical experts and accident reconstruction specialists
Prove the driver acted negligently and caused your accident
Document your expenses and losses
Send a demand letter and begin negotiations with the driver’s insurance company
File a lawsuit and take the at-fault driver to court if necessary

Damages Available If We Pursue a Fault-Based Claim or Lawsuit
Unlike no-fault coverage, a settlement based on the driver’s auto liability insurance policy or an award won in civil court offers a wide range of damages to compensate you for all your accident-related expenses and losses. This may include:

Medical care costs
Ongoing and future care
Lost wages
Diminished earning capacity
Out-of-pocket expenses related to the accident
Pain and suffering damages
Mental anguish
Wrongful death damages, when applicable

Let Chalik & Chalik Injury Lawyers Pursue Compensation on Your Behalf
At Chalik & Chalik Injury Lawyers, our attorneys know how to navigate the Florida auto accident claims system and pursue the compensation you deserve. We understand how insurance works following a pedestrian versus car accident and will fight for your best interests as we explain your legal options.
You will never work with a firm associate at Chalik & Chalik Injury Lawyers. Instead, our founding partners, attorneys Jason Chalik and Debi Chalik handle every case we take on. You can expect aggressive representation as well as understanding and support from our team. Let us review your case today at no cost to you.
Talk to a Florida Pedestrian Accident Injury Lawyer About Your Case
If you or a loved one suffered injuries in a Florida pedestrian accident, the team from Chalik & Chalik Injury Lawyers can help you seek compensation for your medical care, lost wages, and more. We will evaluate your case for free and take it on contingent on getting a recovery for you. You owe us no attorney’s fees unless we win a payout for you.
Call 855-529-0269 today for your complimentary consultation. Act quickly to avoid overstepping the time limit for recovering compensation.

Question 48

Can You Receive Compensation For A Motorcycle Accident If You Weren&#8217;t Wearing A Helmet In Florida?

Accepted Answer

In most cases, you can receive compensation for a motorcycle accident if you weren’t wearing a helmet in Florida. However, this may reduce your payout.
Call us as soon as possible after your accident. We can fight for your best interests and pursue the maximum compensation available to you based on the facts of your case.
Florida Law Does Not Require Most Riders to Wear a Helmet
Like 27 other states, Florida has a partial helmet use law. Many adult motorcyclists in the Sunshine State take advantage of this law and opt not to wear a helmet when riding. Not wearing a helmet is legal when:

The motorcyclist is age 21 or older; and
They carry at least $10,000 in “medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.”

While it is legal to not wear a helmet in many cases, it may affect the value of your claim. We recommend always wearing a helmet when you ride, but if you suffered injuries in a motorcycle accident caused by another motorist, we will fight for your right to pursue full compensation for your medical care and expenses.
How No-Fault Insurance Coverage Works in Motorcycle Cases
If you own a car, you are likely aware that Florida’s auto insurance laws require drivers to carry at least $10,000 in Personal Injury Protection (PIP) insurance coverage. They have to turn to this no-fault policy before they can hold an at-fault driver liable for a car accident except in very specific circumstances. This law specifically excludes motorcycles and other two-wheeled motor vehicles, though. This means your PIP coverage will not pay out following a motorcycle accident.
You can opt to purchase medical payments coverage that works the same way a PIP policy would. This is in addition to the liability insurance the state requires you to carry. This policy will pay out to cover your accident-related medical expenses up to the limits of the policy. You can also hold the at-fault driver liable for your medical care and related expenses. This can be difficult, but it is often the best option.
Holding an At-Fault Motorist Liable for Your Injuries
Florida law allows motorcyclists to file fault-based claims after a motor vehicle versus motorcycle accident if they can prove the other driver caused the crash. However, Florida has comparative negligence laws on the books. This means you may be responsible for a portion of your own damages if you caused or contributed to the accident and your injuries.
If you suffered injuries to your head or face, the insurance company and their legal team might claim you are partially to blame since you were not wearing a helmet. If they can successfully prove this accusation, it could reduce how much they have to pay out in your case. You might recover less to help you pay your medical bills, repair your motorcycle, and cover your pain and suffering losses.
Recoverable Damages in a Fault-Based Accident Claim
We recommend giving us a call after any motorcycle injury. If this happens in your case, you will want aggressive representation to argue for full coverage of your medical bills and other losses. We may be able to pursue compensation for:

Medical care and related expenses
Ongoing care and future care
Lost wages and diminished earning capacity
Property damages
Out-of-pocket costs
Pain and suffering
Mental anguish
Wrongful death damages

How Chalik & Chalik Injury Lawyers Can Help You Pursue Compensation
At Chalik & Chalik Injury Lawyers, our attorneys know the tricks and tactics insurance companies sometimes try to use to reduce how much they have to pay accident victims. We will fight any allegations that you are partially at fault for causing or contributing to your own accident and present a strong case against the negligent driver.
If you suffered injuries in a motorcycle accident but were not wearing a helmet in Florida, or if this happened to a loved one and they passed away from their injuries, we are here to help you. Talk to a Florida motorcycle accident attorney about your case today. The team from Chalik & Chalik Injury Lawyers can review your case at no cost to you. Call us at 855-529-0269 today for your free consultation.

Question 49

When Are You Required to Report an Auto Accident in Florida?

Accepted Answer

The state of Florida requires that you report an auto accident within 10 days from the date of the accident.
When the Driver is Responsible for Reporting an Auto Accident in Florida
If a car accident occurs and causes damage to a vehicle (or other property) but does not require a police report (see criteria below), the driver of any vehicle involved in the collision must report the accident within 10 days following the crash. This written report must be provided via a law-enforcement-approved form.
When an Auto Accident Report Needs to Be Filed by Law Enforcement
In certain instances, a written reportcalled the Florida Traffic Crash Report, Long Form is completed by the police officer who is investigating the collision. This report is required for any accident that meets the following criteria:

The collision caused the death of or injury to individuals who were involved in the collision.
The crash involved a party leaving the scene of the accident without giving his/her information (name, vehicles registration, etc.) and rendering aid to the other party, if needed, and ensuring that the accident is reported to the authorities; or a party was driving under the influence of alcoholic beverages or chemical substances.
A vehicle involved in the collision was damaged to the extent that it was inoperable and had to be removed from the scene of the accident by a wrecker.
A commercial motor vehicle was involved in the crash.

What is Included in a Florida Traffic Crash Report
You can look to the Florida Traffic Crash Report, Long Form, for all the basic facts of an auto accident in Florida, including:

Where and when the accident happened
Descriptions of all vehicles involved in the collision
Names and contact information for all drivers and passengers, as well as information on the vehicles each was driving or riding in
Names and contact information for individuals who witnessed the accident
Name and badge number for the police officer investigating the collision

Crash Reports Are Available Immediately to All Parties Involved in the Crash
Any party involved in the accident has immediate access to filed Crash Reports. These reports are also available to legal counsel, insurance agents, law enforcement agencies, the Department of Transportation, victim services programs, and various forms of media, including newspapers and radio and television stations.
To receive the crash report, an individual must provide a photo ID and sign a sworn statement that the information will not be used for commercial solicitation.
When a Long Form Report is Not Required, a Short Form is Completed
If a collision does not meet the criteria that requirea Florida Traffic Crash Report, Long Form to be completed, a short form version of this report is filed. Alternatively, the law enforcement officer on the scene may give each driver involved in the collision a driver exchange-of-information form.
Items Included in the Short Form Report

Where and when the collision occurred
Descriptions of vehicles involved in the crash
Names and contact details for drivers and passengers involved in the accident, including descriptions of the vehicles each was driving or riding in
Witness’ names and contact information
Police officer’s name and badge number
Insurance companies for the parties involved in the accident

Everyone Involved Must Provide Proof of Insurance
The parties involved in the accident must provide proof of insurance to the police officer who arrives on the scene to investigate the crash. The officer, in turn, documents this proof in his or her crash report. Failing to provide such evidence can result in the issuance of a nonmoving violationunless the law enforcement officer deems that the circumstances of the accident made the provision of this information not immediately possible. In this case, the party has 24 hours to provide proof of insurance, in which case the citation might be voided.
The Florida Statutes that describe the reporting requirements following an auto accident in Florida are detailed in the Motor Vehicles Title XXIII, Chapter 316.
If You Were Involved in an Auto Accident in Florida and Need a Car Accident Lawyer
Chalik&Chalik Injury Lawyers’ auto accident legal team in Florida are ready to get started on your case. We will pursue legal action against the driver whose negligent behavior caused your injuries.
You deserve to be compensated, and we will provide the compassionate, professional services to see that your case is heard. Call today for a free case review: 855-529-0269.

Question 50

What Are Some Typical Car Accident Injuries You Can Seek Compensation for In Florida?

Accepted Answer

Car accidents injuries vary as widely as the specific circumstances that cause them.
Although scrapes and cuts commonly result from items being strewn about the car amidst a collision, other injuries—from moderate, to severe, and even fatal—present themselves with alarming frequency.
Some of these more serious injuries might not be immediately apparent to the accident victim, making it extremely important that he or she seek medical attention as soon as possible following the collision. To delay a medical assessment only delays treatment if there is a problem that needs attention.

Following is a snapshot of the most common car accident injuries you can seek compensation for in Florida that fall outside the realm of the benign cut or scrape.
Head Injuries
Scrapes and lacerations can result from a head’s slamming into a steering wheel or window. These are called open-head injuries and are readily treated with antiseptics and/or stitches, in some cases. More troublesome, the sheer force of an automobile collision can create vast possibilities for blunt force trauma. These closed-head injuries can manifest as concussions or, in the worst cases, brain damage.
Bone Fractures
Broken and fractured bones rank as the most common car accident injury. Fingers or wrists can break when bracing for impact. Legs, which have little room to move, can buckle and break upon impact. The sheer force of the impact could even yield a broken back. The most common types of breaks in a car accident include:

Avulsion – breakage of a small bit of bone
Buckled – two bones displace after smashing together
Closed/Simple – bones break with no rupturing of skin
Displaced – bone misaligns after a break
Greenstick – bending of the bone that leads to a break
Non-Displaced – incomplete break that maintains proper alignment
Open/Compound – fractured bone pierces skin
Pathologic – break happens in bone weakened from disease
Stress – hairline breaks
Transverse –run perpendicular to the bone, resulting from a single trauma

Back Injuries
With all the muscles, bones, tendons, tissues, and ligaments that comprise the back, there are plenty of combinations of injuries that can arise from the impact of a car collision. Back injuries can change a person’s life with decreased mobility and ongoing pain. The most common car-accident-related back injuries are:

Back Sprains – Damage to ligaments
Back Strains – Damage to muscles
Compression Fractures – small cracks or breaks in the spine; can be very painful making it hard to breathe
Herniated Discs– excessive pressure on the vertebrae’s discs causing them to rupture; creates weakness and numbness
Lumbar fractures– either extension fractures, where bones pull apart; or rotation fractures, where bones bend then break

Neck Injuries
These injuries are rather good at cloaking themselves in the swirl of endorphins and adrenaline that accompanies the shock of a car accident. Be sure to tell your doctor about any unusual headaches, numbness, neck pain, or spasms. Common car accident neck injuries include the following:

any combination of neck sprain and/or neck sprain caused by the head being suddenly thrust backward then forward
the result of ligaments being stretched or torn, causing stiffness
the result of muscles being stretched or torn

also known as slipped discs or ruptured discs, resulting from a neck motion that places extra pressure on a spinal disc; creates numbness and pain
Chest Injuries
If you experience chest pain after your car accident, you might have a serious injury. More important to remember is that you could have a severe injury and feel no pain whatsoever. Going to a medical professional following your accident is the best way to evaluate any injuries that need to be treated with urgency. The most common chest injuries resulting from a car accident are as follows:
Bruised Sternum or Ribs – accompanied by aching pains that elevate with movement
Fractured Ribs – manifesting with sharp, shooting pain, often the byproduct of seatbelt restraint or colliding with steering wheel
Internal Organ Injuries–possible damage to the heart or lungs, most often from penetration, or sometimes a heart attack
Muscle Strain – symptoms of aching, dull pain; sometimes can be indicative of a more threatening injury
You Can Trust Us to Help You Get Compensation for Your Car Accident Injuries
Whatever your symptoms, seek prompt medical attention after a car accident. You will embark on the road to recovery sooner. Furthermore, the doctor’s documentation can prove to be valuable evidence that links your injuries to the accident, should you pursue legal action against the negligent driver. You should not have to pay medical bills for an accident that was not your fault. Call Chalik&Chalik Injury Lawyers today for a free consultation and to find out more information about typical car accident injuries you can seek compensation for in Florida at 954-476-1000.

Question 51

Do I Need A Lawyer for A Slip and Fall in Florida?

Accepted Answer

You are not required by law to hire a lawyer for a slip and fallin Florida. However, having an attorney who understands premises liability law, knows how to negotiate with insurance companies, and can represent your interests in court offers a healthy of peace of mind—leaving you to focus on recovering from your injuries.
Here are five things you should get when you hire a slip and fall lawyer in Florida.

A Lawyer Will Establish the Party Who is At-Fault and Liable for Your Slip and Fall
Personal injury law requires that you identify the person or party who is at fault and liable for your slip and fall using a “duty of care” formula. Your personal injury lawyer will handle this requirement for you by proving:

A party had a duty of care to take reasonable steps to protect you from harm or injury. In a slip-and-fall case, the facility owner usually assumes this responsibility.
This party breached this duty of care because he or she failed to maintain the property, should have known about the unsafe condition and did not act on it,or did not notify you of the danger in the area where your slip and fall occurred.
The party’s negligence caused you to slip and fall, and you incurred injuries.
You suffered damages from your injuries, including medical expenses, lost wages and benefits, pain and suffering, and so on.

Your lawyer will tap various sources of evidence to work through the multi-pronged duty of care formula. For example:

Witness statements
Facility maintenance records
Medical records
Photographs
Surveillance videos
Employment records

A Lawyer Will Calculate Your Damages for Your Slip and Fall Acciden

When you experience a slip-and-fall accident, the damages extend far beyond your doctor bill. Without the proper insight into all the repercussions of your accident, you might not be aware of the full impact of your injuries until it is too late to be compensated for them.
A lawyer knows where to look and who to ask for information so that he or she can compose a full-blown picture of how your injuries have impacted you economically and non-economically—today and into the future.
Some of the areas your lawyer will explore for damages include:

Costs for surgery
Medical expenses (past, present, and future)
Physical therapy/rehabilitation
Replacement services (lawncare, childcare, housekeeping, cooking)
Emergency transportation
Prescription medication
Lost wages (past, present, and future)
Lost benefits
Diminished quality of life
Diminished future potential earnings
Pain and suffering

The numbers your attorney attaches to these types of damages will be well researched and documented and will include professional opinions from various experts, including medical, economic, and vocational.

A Lawyer Will Talk to the Insurance Companies and Negotiate Toward a Fair Settlemen

Your attorney will take on the task that no mere mortal dares to approach: the challenge of talking to the insurance companies.
The lawyer begins this process by sending a demand letter to the insurer outlining your damages. The insurance provider will reply by either agreeing to the damage demands and cutting you a check; countering with a (much lower) offer; or denying the claim entirely.
If the reply consists of a counter-offer, the negotiation talks begin, with your lawyer working to get the insurer to settle for an amount that more closely matches your original demand.
If the insurer denied your claim or refused to agree to a fair settlement, your lawyer will file a lawsuit against the property owner on your behalf in civil court.

A Lawyer Will File Your Lawsuit and Represent You in Cour

Your lawyer knows how to present a case in court. He or she will file your lawsuit for your slip-and-fall accident, along with all aspects of the legal proceeding, including:

Calling and deposing witnesses
Filing motions
Entering evidence
Negotiating with the defendant’s lawyers
Litigating your case on your behalf

A Lawyer Can Juggle all the Legal Balls When Things Get Complicate

The four areas we have outlined so far represent just the tip of the legal iceberg. Slip-and-fall cases quickly plunge into some deep and icy waters.
For starters, the defendant might prove that your negligence at least partly caused your slip and fall. Under Florida’s pure comparative negligence doctrine, you can still recover damages, but reduced by the percentage you are found to have been negligent.
Furthermore, quite possibly, more than one party is to blame for your accident. Maybe you fell down a staircase, for which the premises owner is responsible, but the handrail is found to contain a manufacturing defect, which also contributed to your accident. A lawyer can sort through multiple parties and all their insurance companies and lawyers, so you do not have to bother with it.
If You Experienced a Slip and Fall in Florida and Are Considering Hiring a Lawyer
Even if you have not yet decided to hire a lawyer for your slip and fall in Florida, you might sleep better knowing you have explored the option. Call Chalik & Chalik Injury Lawyerstoday for a free case review and initial consultation: 855-529-0269.

Question 52

Is It Possible to Recover More Than Your Auto Insurance Policy Limits In Florida?

Accepted Answer

Yes, in some cases it is possible to recover more compensation than your auto insurance policy limit following a car accident in Florida. The key to getting more than the policy limits of your own policy allow is to hold the at-fault driver or another liable party responsible for your accident injuries and damages.
Depending on the facts of your case, you may be eligible to pursue a payout by filing a third-party insurance claim or a personal injury lawsuit. In Florida, Chalik&Chalik Injury Lawyers can review your case for free and help you understand your eligibility. Call us today at 855-529-0269 to get started.
Understanding Your Florida Auto Insurance Policy Limits
Florida’s auto insurance system is complex. It forces you to pursue a payout based on your own policy following an accident, no matter who caused the crash. In general, most drivers know to file a claim based on their own personal injury protection coverage after an accident to receive compensation for their medical expenses and lost wages.
In general, though, this policy will only payout between $2,500 and $10,000 per accident. This may cover a fractured arm or bumps and bruises, but it probably will not pay out enough for more serious injuries.
This is where things get complicated. Some accident victims may be able to pursue damages above their own policy’s limits by holding the at-fault driver liable. Our attorneys can review your case and help you understand if you qualify.
Pursuing Compensation Above and Beyond Your Auto Insurance Policy
If we discover you are eligible to pursue damages from the at-fault driver or another liable party following your Florida car accident, there are two ways we can go after the payout you need to make you whole. This includes:
Filing a Third-Party Auto Insurance Claim
A third-party auto insurance claim is a claim based on the at-fault driver’s liability insurance policy. This policy pays out to cover the expenses and losses suffered by victims in an accident the policyholder caused. If we can prove they caused your accident, we may be able to recover a payout that includes your remaining medical care and lost wages, pain and suffering, property damages, and more.
Negotiating a settlement agreement in this type of case is common. However, we will not agree to a settlement until we believe it fairly reflects the damages you suffered as a result of the accident.
Filing a Personal Injury Lawsuit
A personal injury lawsuit is a type of civil suit based on negligence. If we can show the other driver caused your accident -- and you are eligible to take legal action against them -- we can file a personal injury lawsuit on your behalf.
We will take your case to court and present our argument to the judge. Then, we will ask the judge to issue a verdict in your favor and award you compensation based on the evidence we presented.
Proving Negligence and Liability in a Florida Car Accident Case
Before we can file an insurance claim or personal injury lawsuit, we need to build a case to present to the judge or the insurance company. This requires us to investigate the cause of your accident and collect evidence to prove the driver acted negligently. We can do this by showing:

The driver had a responsibility to drive in a responsible, reasonable way. This includes following all traffic laws.
The driver failed to uphold this responsibility, breaking a traffic law or otherwise acting carelessly
Their actions caused an accident,and you suffered injuries

As a part of our investigation, we will collect a range of evidence to support our claim. This may include:

The police report
Your statements about the accident
Statements from other witnesses
Your relevant medical records
Surveillance or dash cam video of the accident
Testimony from accident reconstruction specialists and other experts

By proving negligence, we can establish liability in your case. Liability means the at-fault driver is responsible for the injuries you suffered, and their insurance company should pay out to cover your damages.
Talk to a Florida Car Accident Attorney About Your Case
If you suffered injuries in a Florida car accident, you might be able to recover more than your auto insurance policy limits. This depends heavily on the facts of your case. Let Chalik&Chalik Injury Lawyers review your case for free today. When you enlist the help of our team, you work with the partners directly. We will fight for the payout you deserve.
Call us today at 855-529-0269 to discuss your accident with a member of our team in your complimentary initial consultation.

Question 53

When Do Lawyers Recommend Talking To An Insurance Adjuster After A Car  Accident?

Accepted Answer

Following a car accident, lawyers recommend that you do not speak with an insurance adjuster right away. Instead, politely decline to give information and call a personal injury attorney.
The insurance companies do not have your best interests at heart. Their goal is to reduce their own liability. Sometimes that includes undermining your legitimate claim to damages.
If you were involved in an accident, you need someone on your side. AtChalik&Chalik Injury Lawyers, we work hard to protect the rights of accident victims just like you. Contact us today at 855-529-0269.
Dangers of Speaking with an Insurance Adjuster After Your Car Accident
It is helpful to remember that the insurance company is not on your side. They are looking out for their best interests, not yours.
You expect an insurance company to do the right thing, but that is often not the case. Here are a few dangers of speaking to an adjuster before an attorney.
Recorded Statements Can Be Used Against You
Following an accident, the insurance adjuster may ask you to give a recorded statement. They may compare this statement with later statements and claim that innocent inconsistencies show you are not telling the truth about the accident.
They may also ask leading questions or suggest events happened in a certain way. They may get aggressive so you will agree with them out of frustration. Remember, any statement you give them can be used against you to deny your claim or to damage your case in court.
Medical Release Forms Can Be Used to Deny Your Claim
In addition to trying to get you to say something that will reduce their liability, the insurance company may ask you to sign a medical release form. This gives them the right to access your medical records.
It might seem harmless, as surely, they will see those records anyway. However, sometimes these forms are misleading and give them access to more than just your most recent medical records. They can use any information they gather to deny your claim by saying you had a previous condition or injury.
They May Try to Close the Case Early
An adjuster does not have a duty to make sure all your damages are covered. They may try to push you to accept a settlement offer before your medical future is clear. For example, you may be out of work for longer than you expect, or you may require long-term care.
After a car accident, it is crucial to avoid admitting fault or discussing the accident in any way with the insurance adjuster. Here is what to do instead.
Steps to Take After a Car Accident
After a car accident, you may be in shock, scared, or even injured. It is critical that you remain clear-headed and take the appropriate steps to ensure the safety of all parties and protect your legal rights.
Your first step after any car accident is to ensure the safety of yourself and others who were involved in the accident. Here is what to do next:

Call 911 to report the accident if there are any injuries, even if they seem minor.
Move cars out of the road, if it is possible to do so safely.
Move yourself to a safe location, such as a sidewalk or the shoulder of the road. Do not leave the scene of the accident.
Give your contact information to the other driver, if possible. This should include your name, phone number, and insurance information.
Wait for help to arrive. Document the names of police officers and their badge numbers.
Document injuries and the accident scene if you can.
Get checked out by a medical professional, either on the scene or at an emergency room after.
Contact a personal injury attorney for a free evaluation to assess your legal rights. They will advise you on your next steps.

Contact a Personal Injury Attorney Today 
If you were injured in a car accident, it is important that you do not speak to an insurance adjuster right away. Instead, call a personal injury attorney from Chalik & Chalik Injury Lawyers.
Our legal team is here to help protect your legal rights and get you the compensation you deserve. We also handle birth injuries, tire accidents, and many more practice areas. Set up your free case review today by calling 855-529-0269.

Question 54

How Does A Surviving Family Member Sue For Wrongful Death After A Car Accident In Florida?

Accepted Answer

A surviving family member can sue for wrongful death after a car accident in Florida by filing a lawsuit in a civil court. Before filing the claim, the family member must gather evidence to support the claim, prove liability, determine the value of their claim, meet the statute of limitations, and then file their claim with the court.
Losing a family member is tragic. For many people, the pain of losing their loved one is compounded by the knowledge that the loss was preventable. A wrongful death claim can help you hold the at-fault party responsible for their actions and recover compensation for your losses.
If you are suffering after the loss of a loved one in a car accident, you may be eligible to file a wrongful death claim to hold the liable party responsible. The wrongful death team at Chalik&Chalik Injury Lawyerscan help you through this challenging process. Contact our team today at 855-529-0269 for a free case evaluation.
Understanding the Legal Definition of Wrongful Death
According to Florida statutes, a wrongful death is one caused by “the wrongful act, negligence, default, or breach of contract” of another party.
For example, if the other driver was under the influence of alcohol when the accident that resulted in the death of your loved one occurred, you may be able to pursue a wrongful death claim against them.
A wrongful death attorney can evaluate the details of your case and determine if you are eligible to file a wrongful death claim.
Who Can File a Wrongful Death Claim After a Car Accident in Florida?
Florida law outlines who is eligible to file a wrongful death claim. The statute states that the personal representative of the victim’s estate is responsible for filing a wrongful death claim on behalf of a spouse, surviving children, parents, or other dependents.
In most cases, the personal representative is the executor of the estate as outlined in the victim’s will. If they did not have a will or did not select an executor of their estate, the court will appoint someone to act on behalf of the family.
Damages You May Recover In a Wrongful Death Claim in Florida
There is a wide range of damages available to the surviving family of a wrongful death victim. The exact value of a case depends upon many factors, including how long the victim lived after the accidentif they had young children and the cost of their funeral or burial.
Damages available to survivors include:

Loss of support, including the loss of services and future income
The loss of companionship for a spouse and their children
Pain and suffering experienced by the family
Medical costs incurred before the victim passed away
The cost of medical and burial expenses

Recovering compensation cannot take away your pain. It cannot bring your loved one home. However, recovering the financial losses your family incurred can, at least, limit your financial stress.
Statutes of Limitations for Wrongful Death Claims
In the state of Florida, you have four years from the date of your loved one’s death to file a wrongful death claim in court.
Four years sounds like plenty of time; however, building a wrongful death case can be time-consuming. It requires gathering evidence to prove liability and damages. We may need to hire and meet with accident reconstruction specialists, doctors, and other professionals.
It is critical that you seek legal help as soon as possible. This will help preserve evidence and give your lawyer time to build a strong case against the defendant.
Contact a Wrongful Death Attorney in Florida Today
If your loved one passes away in a car accident, you have the right to hold the person who caused their death responsible. Even if there are criminal charges filed, you may be able to pursue compensation through a wrongful death claim.
At Chalik& Chalik Injury Lawyers, we understand how trying this time can be. Our compassionate legal team is here for you during this difficult time. Let us handle the legal process so you can focus on your family.
Contact a wrongful death attorney in Florida today at 855-529-0269 if you are a surviving family member looking to sue for wrongful death after a car accident in Florida. We offer a free consultation to help you understand your legal options

Question 55

Can You Receive Compensation For Pain And Suffering From An Auto Accident in Florida?

Accepted Answer

Yes, Florida does allow accident victims to recover damages for pain and suffering from an auto accident in certain situations.
Pain and suffering are considered a “non-economic” damages. Unlike, for example, medical bills, there is no clear monetary value for pain and suffering. You are suffering, and there should be compensation for your pain and suffering.
Read on to learn everything you need to know about when you can recover damages for pain and suffering and how those damages are calculated.
If you sustained injuries in an auto accident, you have the right to pursue compensation for your damages. Contact Chalik&Chalik Injury Lawyers today for a free case evaluation. We are standing by to take your call at 855-529-0269.
Understanding What Pain and Suffering Damages Are
Pain and suffering damages is a legal term that refers to the non-physical injuries a plaintiff suffers due to injuries in an auto accident.
For example, pain and suffering would cover the physical pain you experienced, grief from the loss of a bodily function, anxiety caused by the traumatic event, or the loss of enjoyment of life due to chronic pain.
Eligibility for Recovering Losses Due to Pain and Suffering
To claim pain and suffering damages in Florida, you must meet specific criteria.
According to Florida laws, accident victims are eligible to recover damages for pain and suffering, mental anguish, and inconvenience if they experience the following:

Significant and permanent loss of a bodily function, such as loss of eyesight.
An injury that is likely to result in permanent injuries, such as a herniated disk.
Permanent scarring or disfigurement, such as severe burns.
Wrongful Death

How Pain and Suffering is Calculated
Most damages you recover following a lawsuit are considered economic damages. These are generally simple to calculate. For example, if you required surgery following your injury and the bill was $3,000, you would be eligible to recover the cost of your operation.
Pain and suffering are considered non-economic damages, meaning they cannot be calculated based on a bill or out of pocket costs. There are several ways to calculate pain and suffering damages.

The multiplier method, which multiplies the amount of economic damages you experience and uses that number to account for pain and suffering.
Per diem, which assigns a value to each day until you are completely healed or pass away.
Algorithms, which weights different types of injuries, treatments, and other factors.

Calculating pain and suffering damages is a complex process. Contact an auto accident attorney to discuss how much you may recover in pain and suffering.
Other Damages You May Recover in a Florida Auto Accident
In addition to non-economic damages, you may also be eligible to recover economic damages. The amount you recover will depend on the details of your case and how badly you were injured.
However, the most common types of economic damages in an auto accident are:
Personal Property Damages
These damages cover any property damaged during the car accident. This could include repair or replacement of your car, truck, or motorcycle,replacement of medical devices such as hearing aids, and electronic items, such as a phone, tablet, or laptop.
Medical Bills
You may also be eligible to recover the cost of any medical bills you accrue due to your injuries. Medical bills might include bills for an ambulance ride, hospitalization costs, surgery, mobility devices, long term care, medication, and the cost of doctor follow up visits.
Lost Salary or Hourly Wages
If you miss time at work due to your injuries or treatment, you may be able to recover your lost pay. In addition, if you are unable to return to the same job you had before your accident, you may be eligible to recover lost future wages and benefits as well.
Contact an Auto Accident Attorney in Florida to Understand Your Legal Rights
Did you sustain injuries in an auto accident? Are you facing impairment, disfigurement, or long-term pain? You have the right to hold the responsible party legally liable for your injuries and other damages, including pain and suffering.
To explore your legal options, contact the legal team at Chalik & Chalik Injury Lawyers today at 855-529-0269. We help accident victims like you recover the damages they deserve. Let us help you.

Question 56

Can You File A Lawsuit Against A Rental Car Company For An Accident In Florida?

Accepted Answer

Yes, there are some situations where you can file a lawsuit against a rental car company for an accident in Florida.
However, in most cases, the driver of the rental car has accepted responsibility for the vehicle. In these cases, they or their insurance company will be held liable for the car accident, not the rental company.
If you have been injured in a car accident in Florida, you may be eligible for compensation for your injuries. Contact the team at Chalik&Chalik Injury Lawyers today at 855-529-0269.
Situations When You May Be Able to Sue a Rental Car Company
Florida is a no-fault state for auto accidents, which means for most accidents you will deal with your own insurance company, not the other driver’s. However, there are a few situations where the insurance company could be held liable.
For example, a situation where the rental company knew a car had a very worn tire. If an employee marked the issue down in a report after checking over the car, there is proof the company knew of the problem.
Then, if the manager decides to rent that car out to another driver without having the tire repaired or replaced; as a result, the tire blew out on an interstate, causing their car to go into a tailspin, hitting your car, and injuring you.
This example is complex for a reason—it is incredibly difficult to prove negligence on the part of the rental company in most cases.
To prove the rental company was negligent, we must show:

The insurance company was aware of a safety issue.
They chose not to fix the safety issue.
They then rentedthe unsafecar to another driver.
That driver then had an accident, which was caused by the rental company’s negligence.
You were injured due to that accident.

As you can see, proving liability in these cases is incredibly difficult.
If you sustained injuries in a car accident in Florida, our team can help. We work hard to prove liability and hold the at-fault person or party responsible for their actions. Contact Chalik & Chalik Injury Lawyers today at 855-529-0269 to discuss your case.
Other Liable Parties in a Rental Car Company Accident
After a car accident, you are in pain and overwhelmed. You want to hold the person responsible for your injuries liable for their actions. We understand how challenging this time can be.
While we cannot determine who is liable without discussing the details of your accident in person, there are several other possible liable parties.
The Other Driver
If there was another driver involved in your accident, they may be held liable for your damages. However, since Florida is a no-fault state, your own insurance company pays for your damages in most situations.
A Parts or Vehicle Manufacturer
In some cases, the maker of a car part or the vehicle manufacturer may be held liable for an accident. This may occur if they knowingly allowed the sale of a dangerous part or vehicle.
Damages You May Collect Following a Car Accident
You may be able to recover a range of damages following your car accident, depending on the details of your case. Common damages collected after a car accident include:

Medical Bills: Including the cost of doctor’s appointments, hospitalization, pain medication, and long-term therapies such as physical therapies.
Lost Wages: If you are unable to work for some time, you may recover your lost income, including wages and benefits.
Personal Property: You may be able to recover the cost of repair or replacement of your vehicle or other personal property damaged in the accident.
Pain and Suffering: In some cases, you may be able to recover compensation for the pain and suffering you experienced due to the accident.

Contact a Personal Injury Lawyer in Florida Today
If you were injured in a car accident, you may have questions about who is responsible for your damages. A personal injury lawyer in Florida can guide you through the legal process, including determining who can be held liable for your injuries.
You have the right to recover damages. We will help you file a lawsuit against a rental car company following an accident in Florida. Contact Chalik & Chalik Injury Lawyers today at 855-529-0269 for a free review of your accident case.

Question 57

Who Pays For Your Auto Repair After A Car Accident You Did Not Cause In Florida?

Accepted Answer

In most cases, your insurance will pay for your auto repair after an accident you did not cause in Florida. This is due to Florida’s No-Fault laws regarding car accidents.
This article will outline how No-Fault laws work in Florida, getting reimbursed for your deductible, and who else may be held liable for your auto repairs after a car accident you did not cause in Florida. This information is for reference only; to get legal guidance for your specific car accident case, contact Chalik & Chalik Injury Lawyers at 855-529-0269. We offer free case evaluations.
Florida No-Fault Car Insurance Laws
Florida is a No-Fault state, which means each driver carries their own insurance to cover medical bills and car repairs up to a certain amount. The benefit of this structure is that you do not have to wait to prove liability before receiving payments.
There are a few drawbacks. For example, Florida law only requires drivers to carry PIP and property damage coverage policies of up to $10,000, which means if your medical bills or repairs exceed this amount, you may be on the hook.
Reimbursement for Your Deductible
You will likely have to pay a deductible before your car repairs. The amount will vary based on the details of your insurance policy but usually ranges between $250 and $2500.
This might seem unfair if the crash was not your fault. However, you may be able to get reimbursement for the cost if the accident is deemed to be the fault of another driver. No-fault laws do not absolve liable parties of responsibility entirely.
Filing a Claim With Your Insurance Company
Your first step after a car accident is to ensure the safety of everyone involved in the accident. Your next step is to call your insurance company to file a claim. They will guide you through the following steps based on your coverage.
It is critical that you speak to your insurance company quickly, as coverages may vary. For example, you may be eligible for a rental car while your vehicle is repaired.
If your insurance company attempts to deny your claim, a car accident attorney may be able to help. Contact our legal team today at 855-529-0269.
Who Else May Be Liable For Your Car Repairs
Depending on the details of your case, other parties or additional insurance policies may cover your car repairs costs if they exceed your required policy coverage. Here are a few additional parties who may be held liable.
Additional Auto Insurance Policies You Carry
Florida law only requires you to carry $10,000 of property damage; however, you may have additional coverages. For example, you may have insured the full value of your car, or you may have chosen to carry under or uninsured motorist coverage. These policies may pay for additional repair costs.
The At-Fault Driver’s Insurance Company
You may be able to hold the at-fault party’s insurance company liable for your deductible and repair costs over the cap of $10,000. They may also be held liable for medical bills that exceed your PIP coverage, lost wages, and other damages.
Third Parties
Depending on the details of your case, a third party may be held liable. For example, if two other drivers were both at fault, if the driver was at work at the time of the accident, or if a lack of road signs created a dangerous situation.
To understand who else may be liable for your vehicle repairs, contact our legal team today at 855-529-0269.
Contact a Car Accident Attorney In Florida
The moments after a car accident can be a blur. You may be in pain, in shock, or disoriented. Once you have cleared your head, your mind turns to practical questions such as “Who will have to pay for my car to be repaired?” This article aimed to answer that question and provide you with additional information related to the insurance process.
If your insurance is refusing to pay your claim, or if you are overwhelmed by the legal process after your car accident, you are not alone. Contact Chalik & Chalik Injury Lawyers at 855-529-0269.
Our partners work directly with clients just like you to help recover compensation for vehicle repairs, medical bills, and other damages.

Question 58

Who Pays For Your Medical Bills After A Car Accident You Did Not Cause In Florida?

Accepted Answer

After an accident, your Personal Injury Protection (PIP) car insurance policy will cover up 80% of your medical bills and 60% of your lost wages up to $10,000. According to Florida’s No-Fault auto insurance laws, all drivers are required to have a minimum of $10,000 of PIP coverage to register and operate their vehicle on the road.
The remaining balance of medical bills may be covered by other sources, dependant on additional insurance coverage you have, your medical insurance coverage, and the coverage of the driver who was responsible for the accident.
After a car or truck accident, you may be in pain an overwhelmed by the legal process. We can help you navigate the legal process. Contact Chalik & Chalik Injury Lawyers today at 855-529-0269 for a free case evaluation.
Understanding Florida’s No-Fault Insurance Laws
Florida is a No-Fault state regarding auto accidents. This means all drivers are required to carry their own insurance to cover their medical bills in the case of an accident.
Benefits of Florida’s No-Fault Laws
This structure eliminates the need to prove liability for most car accidents. Whether the accident was your or another driver’s fault, your PIP insurance coverage will pay 80% of your medical bills up to $10,000.
However, several other laws can impact who is at fault for your medical bills following a car or vehicle accident you did not cause in Florida, including:

If you have significant injuries
If you have permanent injuries
If the accident causes the death of another person
If your medical bills exceed $10,000

A personal injury lawyer can help you understand how these laws may apply to your case. Contact Chalik & Chalik Injury Lawyers at 855-529-0269 a free case evaluation.
Other Avenues for Pursuing Compensation for Your Medical Bills After an Accident
In addition to your own PIP insurance coverage, there are several other ways you may be able to recover compensation for medical bills and other damages you incur in a car accident. Other avenues may include:
Additional Insurance Policies You Carry
While all drivers are required to carry a minimum of $10,000 worth of PIP coverage, you may have elected to add-on additional coverage. Your policy may have a higher cap, or you may have under or uninsured motorist coverage. These policies may pay for your medical bills over the $10,000 cap.
The Other Driver’s Insurance Company
In some cases, the other party’s insurance may be required to pay for your medical expenses and other damages. In most cases, you will need to prove liability and file a claim. You may also be able to recover additional damages, including lost wages and pain and suffering.
A Florida personal injury lawyer can help you understand your legal options after a car accident.
The Other Driver’s Employer
If the other driver was working at the time of the accident, you may be able to hold their employer responsible for negligence. For example, if a company pushed a commercial driver to work longer than federally permitted or failed to train their driver, they could be held liable for your medical bills and other damages after a car accident you did not cause.
Other Third Parties
Depending on the details of your case, another third party may be held liable for your medical bills. For example, a manufacturer may be held liable if you sustain injuries due to a tire blow out and the company knowingly allowed the defective tire to remain on the market.
Hire a Personal Injury Lawyer in Florida Today
A car accident can be traumatic, but the aftermath can be frustrating as you try to navigate the legal process. You may be worried about who will pay for your medical bills and how to recover compensation for injuries that are not your fault.
If you sustained injuries in an accident and are worried you may be on the hook for medical bills, a personal injury lawyer can help. You should not have to suffer because of an accident that was not your fault.
The team at Chalik & Chalik Injury Lawyers has the experience and the legal understanding to help you pursue compensation for your injuries. Reach out to our legal team today at 855-529-0269. We offer a free case evaluation to help you understand your legal rights.

Question 59

Can You File A Lawsuit Against The Company If You Get In A Car Accident While In A Taxi In Florida?

Accepted Answer

Yes, you can file a lawsuit against the company if you get into a car accident while in a taxi in Florida. In most cases, the company’s insurance company will pay for medical bills and other damages following an accident.
However, sometimes insurance companies try to deny claims or say they are not liable for your injuries.  In these cases, you may choose to take your claim to court.
Before you reach that step, here are a few things you must understand about filing a claim against a taxicab company.
Taxi Company Responsibilities & Insurance Requirements in Florida
Taxicab companies have a responsibility to maintain reasonably safe vehicles. This means they must:

Register all cabs with the state of Florida
Carry insurance to cover damages caused by accidents, no matter who is at fault.
Maintain their vehicles to a reasonable standard
Make a reasonable effort to hire well-trained drivers who are not a danger to others on the road.

Florida law also requires taxicabs and limousines to carry specific amounts of insurance to protect their passengers, drivers, and vehicles in the case of a crash. This law supersedes Florida’s No-Fault laws, which apply to most non-commercial drivers.
This taxi insurance law requires every company to carry at least:

$125,000 in bodily injury insurance per person
$250,000 for each taxicab accident
$50,000 in property damage liability coverage

In most cases, these insurance policies will cover your medical bills and other damages.
If the taxicab company fails to meet these standards, you may be able to file a lawsuit to recover damages.
Protect Your Legal Rights After a Taxi Accident
Your first step after any car accident should be to ensure the safety of everyone, if possible. This includes calling an ambulance or 911 if necessary.
Your next step should be to protect your legal rights. Here is what to do after you are involved in a taxi accident.

Seek medical care right away, even if your injuries seem minor. Let a medical professional determine if you need attention.
Do not sign anything from the driver or one of their representatives. The taxi company or their insurance company may try to reduce their liability by having you sign a statement. Do not sign away your rights.
Do not give a verbal statement to the taxi driver or their company or a representative.
Do not attempt to determine who is at fault for the accident or share your suspicions to other witnesses or accident victims.
If you are able, take photos of the accident scene and your injuries.
After you have been cleared by a medical professional, consider contacting an accident attorney who can advocate for your rights. The taxi company and their insurance provider are not on your side.

Recovering Damages in a Taxi Accident Case
You may be able to recover a range of damages if you are injured in a taxicab accident. The exact damages you are eligible for will depend upon your injuries and the details of your case, however, the most common damages following an accident include:

Medical bills, including hospitalization, prescription drug costs, and rehabilitation costs
Lost wages, including the loss of future paychecks if you experience long-term or permeant disability
Pain and suffering you suffer as a result of the crash
Personal property damages, including electronics or medical devices that are damaged by the accident.

Contact a Taxi Accident Attorney in Florida Today at 855-529-0269
If you were involved in a taxicab accident, you have the right to pursue damages from the taxicab’s insurance company. In some cases, you may be able to settle the claim outside of court.
However, if the company or their insurance company refuses to settle in good faith, you may take your claim to court where a judge or jury will decide the outcome of your case.
If you sustained injuries in a taxicab accident, a personal injury lawyer can help. At Chalik & Chalik Injury Lawyers, we have the experience and knowledge to help you through this challenging process. Our partners work together to provide each of our clients with caring, dependable legal guidance through the personal injury process.
If you have been injured, we can help. Call us today at 855-529-0269 for a free evaluation of your taxi accident case.

Question 60

What Happens If Your Uber Driver Gets Into An Accident In Florida?

Accepted Answer

If your Uber driver gets into an accident in Florida, it is possible that they may be liable for your damages. Initially, we would seek compensation through your Florida no-fault insurance policy.
However, if your damages exceed the $10,000 maximum coverage allowable under a Florida no-fault policy, we would then seek compensation from the at-fault driver’s insurance company. Because Uber drivers work on a contract basis, Uber would generally not be liable for any damages.
The details of your Uber accident dictate the appropriate steps we would take to recover compensation. You can discuss your case with an Uber accident lawyer today at 855-529-0269.
Important Steps Following An Uber Car Accident
Protecting your legal rights following an Uber car accident is essential. Follow these important steps:

Call for medical attention: The safety of everyone involved in the accident is the most important thing. Call for medical help immediately. Always receive medical care following a car accident. Many injuries do not show up until later, and by then, it can be difficult to connect them to the accident.
File a police report: A police report may be critical to your case.
Document everything: It is important to keep documentation of everything including medical bills, insurance communications, and witness contact information.
Discuss your legal options with a lawyer: Rideshare accidents are very complicated. It is best to discuss your options with a lawyer as soon as possible.

Determining Fault In An Uber Car Accident
As a passenger, it is not always easy to determine who is at fault in a car accident. By collecting essential documents like the police report, witness statements, driving logs, and images and video evidence from the accident, we can place fault where it belongs.
Any of the following individuals could be at fault for your Uber accident:

Uber driver
Another driver
Pedestrian
The city

Both the state of Florida and Uber expect drivers to uphold their duty of care for your safety and wellbeing. If your Uber driver breaches that care and is negligent, then we may be able to collect compensation through their insurance. If the driver was not carrying insurance at the time of the accident, it is possible that we could recover damages through Uber’s insurance policy.
Examples of negligence that could lead to an Uber car accident include distracted driving, aggressive driving or road rage, failing to follow Florida’s driver laws, and driving under the influence of an illegal substance.
Recoverable Damages In An Uber Car Accident
Being the passenger in a car accident, you are subject to severe injuries including broken bones, spinal injuries, internal bleeding, traumatic brain injury, paralysis, and even death. If you lose a loved one in a Florida Uber accident, you may be eligible to file a wrongful death claim.
You are subject to the following damages in an Uber car accident:

Medical bills
Lost wages and work benefits
Property damages
Temporary transportation
Diminished earning capacity
Pain and suffering
Rehabilitation costs

The actual costs that you recover will depend on your injuries and the impact of the accident on your life. Some damages including medical bills and property damages may be recoverable under your Florida no-fault policy.
Other costs, however, like diminished earning capacity and pain and suffering would require that we file a third-party personal injury claim against the at-fault party.
Time Limits For Collecting Compensation In A Car Accident Case
It is important to keep in mind that we have a limited time to collect compensation for your Uber car accident damages. Florida limits the time we can file a car accident case to just four years after the date of the accident.
Additionally, to collect compensation from your own Florida no-fault policy, it is vital that we follow their requirements. Not meeting these strict deadlines can deem you ineligible for the compensation that you deserve.
Get Your Free Consultation With An Uber Car Accident Lawyer Today
You do not have to navigate a complicated Uber car accident on your own. It may seem like everyone is pushing off their liability, and in the meantime, you are dealing with expensive medical bills and time off of work.
We will never charge you any fees unless we also collect compensation on your behalf. You can get a free consultation with an Uber car accident lawyer today at Chalik & Chalik Injury Lawyers at 855-529-0269.

Question 61

Can You Sue Uber If They Get In An Accident In Florida?

Accepted Answer

You generally cannot sue Uber if you are in an accident in Florida. This does not mean that you cannot receive compensation for the damages that you suffer from an Uber car accident.
Uber employs its drivers on a contract basis. This means that drivers do not have the same legal rights as you would if you were a traditional employee. Instead, they operate under vicarious liability laws. In general, this means that Uber cannot be responsible for any negligent actions of their drivers.
Passengers that suffer an injury in an Uber car accident would seek compensation in the same way that they would in with a regular car accident, through their personal insurance policy.
An Uber car accident lawyer can help you better understand your legal options. Call us today at 855-529-0269.
Determining Liability In A Florida Uber Accident
It is not always necessary to determine liability in a Florida Uber car accident. Because Florida is a no-fault coverage state, you would seek compensation for your damages through your personal insurance provider. There are exceptions to this, however.
It is possible that your car accident damages will exceed the maximum coverages allowable with your insurance policy. Car accident injuries might include broken bones, internal bleeding, back injuries, traumatic brain injury, and even paralysis. These injuries can leave you with pain and suffering which is not recoverable under a no-fault insurance claim.
Additionally, if you were the driver during the Uber accident, it is possible that your insurance company will deny your claim because you were working at the time.
In both of these cases, we would need to determine fault in the accident and seek compensation from them or their insurance provider.
Uber’s Insurance Policy
Although Uber does require that their contractors carry their own insurance policy, they also have an insurance policy in the event of a severe car accident. Whereas no-fault insurance coverages generally limit compensation to $10,000, Uber’s insurance payout is a maximum of one million dollars.
Recoverable Compensation
A severe car accident can leave you with expensive medical bills and the inability to work, resulting in thousands of dollars of damages. It is also possible that these injuries will be life-long. Filing a claim with your Florida no-fault insurance provider can help you recover the following types of costs:

Medical bills
Property damage
Lost wages
Temporary transportation

Seeking compensation from the at-fault driver’s insurance policy allows for the recovery of the following costs:

Anticipated future medical costs
Diminished earning capacity
Pain and suffering
Wrongful death

It may or may not make sense to seek additional compensation in your Uber accident case. If your injuries are severe and will prevent you from returning to work, it may make sense to file a third-party claim. Additionally, if you lost a loved one in an Uber car accident, then we can help you file a wrongful death claim against the at-fault party.
Florida’s Filing Limits
It is also vital that we stay within Florida’s strict statute of limitations. Florida limits the time in which we can file an Uber car accident case to just four years from the date of the accident. Keep in mind that your insurance company may have their own time limits for filing a claim. Additionally, the state of Florida requires that you file a police report within ten days.
Finally, Uber requests that you notify them of an accident as soon as possible. You can reach their help hotline 24 hours a day and seven days a week.
It is essential to stay within these filing requirements to protect your eligibility to collect the compensation that you deserve. The unique circumstances that surround rideshare company’s mean it may take additional time to build your case. Insurance companies, as well as Uber, may attempt to limit their liability. It is best to discuss your legal options with an Uber car accident lawyer as soon as possible.
Discuss Your Uber Car Accident Case With A Lawyer Today
Navigating an Uber car accident can be confusing and overwhelming. It is important to work with a legal team that is familiar with the unique rideshare laws as they apply to Florida.
Our car accident lawyers at Chalik & Chalik Injury Lawyers offer you the representation that you deserve, fighting to collect compensation for your damages. Schedule a free consultation today at 855-529-0269.

Question 62

Can A Passenger Sue An Uber Driver In Florida?

Accepted Answer

An Uber passenger may be within their legal rights to sue an Uber driver in the event of an accident. Although initial compensation would come from your Florida no-fault insurance policy, any costs that exceed your compensatory amount would be the responsibility of the at-fault driver.
Chalik & Chalik Injury Lawyers can help you navigate your rideshare accident.
Florida’s No-Fault Laws
Florida is a no-fault auto insurance state. This means that regardless of fault, you will seek compensation for your damages from your Florida insurance policy. There are situations in which this will not apply.
For example, a severe car accident with expensive medical bills and an extended time away from work can quickly exceed the coverages of a no-fault policy. Additionally, it is possible that if you were using a rideshare company, that you do not have insurance coverage. In both of these situations, we would seek compensation from the at-fault party through a third-party personal injury claim.
Identifying Fault In An Uber Car Accident
Negligence is often the cause of car accidents. If your Uber driver is responsible for any of these negligent actions, then they may also be liable for your damages:

Distracted driving
Driving under the influence of an illegal substance
Failure to make mechanical repairs
Lack of knowledge of local road laws
Aggressive driving/road rage
Speeding
Failure to identify pedestrians
Failure to drive cautiously in poor weather

Your Uber driver has a legal duty of care for your safety and wellbeing. When they act in a way that is negligent, they can be liable for any damages that they cause.
Building Your Personal Injury Case
It is important that we demonstrate how your Uber driver’s negligent actions were the cause of your accident. Our team of Uber car accident lawyers will work to build your case with the following information:

Police report
Medical records
Phone logs
Witness statements
Expert witness reports
Training records
Image or video evidence

Recoverable Damages In An Uber Car Accident
An Uber car accident can put you in a tough financial situation. You might worry who will cover your medical bills. You might also wonder how you will cover your household expenses if you are unable to return to work. It is only right that the responsible party covers the following damages:

Medical bills (past, current, and future)
Property damage
Lost wages and work benefits
Diminished earning capacity
Pain and suffering
Wrongful death

The impact of a car accident can be fatal. If you lost a loved one in an Uber car accident, you may be eligible for compensation to assist with funeral expenses and lost income. It is also possible that you may be subject to compensation for pain and suffering, both for any pain your loved one experienced following the accident and the pain that their loss has left you with.
File Your Case Within Florida’s Statute Of Limitations
Florida limits the time in which we can file a car accident case to just four years after the date of the accident. While this might seem like a lot of time, this deadline comes fast. Additionally, we have just two years to file a wrongful death claim in Florida. Rideshare accidents are often complicated and insurance companies can be slow moving.
In order to protect your legal rights to compensation, it is important that you discuss the details of your Florida Uber car accident case with a lawyer as soon as possible.
Keep in mind that there may be other time limits that we are subject to. Individual insurance companies may set their own claim limits. You also have just a short amount of time to file a police report and notify Uber of the accident.
Failing to meet any of these time limits can prevent you from collecting the compensation that you need to recover.
Schedule A Free Consultation With an Uber Car Accident Lawyer Today
Chalik & Chalik Injury Lawyers are here to help you navigate your Florida Uber car accident case. We will assist you with collecting the necessary evidence to identify fault and build your case. We will also manage all the details of your accident case, ensuring that we stay within the required time limits.
You can schedule a free consultation with one of our Uber car accident lawyers today at 855-529-0269. There is no obligation to you as we will never charge you anything unless we are able to collect compensation on your behalf.

Question 63

What Are Damages &#038; How Do They Apply To Personal Injury Cases In Florida?

Accepted Answer

Damages are the costs and losses you face after suffering a personal injury.
Many personal injuries lead to expensive medical bills, time away from work, and potentially a diminished earning capacity afterward. Depending on the details of the injury, the injured party may be eligible for compensation for the economic and noneconomic damages the at-fault party caused.
Types of Damages Included in a Personal Injury Case
The exact damages included in a personal injury case will depend on the injury and the costs incurred. A personal injury lawyer can help recover compensation for losses such as:

Medical costs
Property damage
Lost wages
Diminished earning capacity
Pain and suffering
Childcare costs
Loss of consortium
Transportation costs

Damages like lost wages and property damage are easy to calculate. Other damages, such as diminished earning capacity and loss of consortium, are more difficult to place a value on but are just as important to include in the overall damages. An attorney can help determine what damages are appropriate given the details of a case.
Types of Personal Injuries
A personal injury case might cover any situation in which another person’s negligence or actions cause you to suffer an injury. These are just a few of the most common personal injury cases:

Car accidents
Medical malpractice
Wrongful death
Birth injuries
Slip and fall injuries

A Florida personal injury lawyer can help you navigate the complexities of personal injury law and pursue the compensation you deserve.
Determining Responsibility for Damages
It is not always easy to identify who is at fault. A thorough investigation is often needed to establish what happened and determine if these four elements of personal injury were present.

Duty of care: The responsible party held a legal duty of care to the injured party.
Breach of duty: The responsible party breached that duty in some form, either through negligence or intentional harm.
Causation: This breach of duty caused an injury.
Damages: The injury led to recoverable costs, losses, and expenses.

The Florida Statute of Limitations on Personal Injury Claims
Florida law requires all personal injury cases to be filed within four years of the date of the accident. Some situations can extend or shorten this timeline, but it is always best to begin the process as early as possible to avoid missing the deadline.
How a Personal Injury Lawyer Can Help
Florida has strict filing requirements that can be overwhelming for an injured party to navigate during their recovery. A Florida personal injury lawyer from can handle communications, filing requirements, and other tasks for you, so you can focus on getting better instead of building your case alone.
If you are suffering from a personal injury and would like to learn more about the compensation that may be available to you, call 855-529-0269 today to schedule a free consultation with the team at Chalik & Chalik Injury Lawyers to discuss the details of your case.

Question 64

Why Should You Hire A Lawyer If Injured In A Car Accident In Florida?

Accepted Answer

There are many reasons to hire a lawyer to represent you in a Florida car accident case. Some car accident victims will face challenges with their insurance company who refuses to cover damages. Others may struggle to collect a timely payout. Additionally, if your damages exceed the maximum amount allowed under your policy, it is necessary to seek compensation from the at-fault party through a third-party claim.
This requires that we build your case, collect information, and identify fault. Managing insurance and legal communications while you deal with your injury can be a challenge. Additionally, your insurance company or the at-fault parties’ legal team may attempt to offer you a settlement amount that does not appropriately cover your damages. It is essential to work with a lawyer that represents you to secure and protect your legal rights.
Hiring a car accident lawyer can offer you the following benefits:

A timelier payout
A higher settlement offer
Assistance in collecting documents and building your case
Manage communications on your behalf
Ensure your case stays within Florida’s filing requirements

What A Car Accident Lawyer Can Do For You
Car accident lawyers can help you build your case in many ways.  The legal team at Chalik & Chalik Injury Lawyers will help you with your car accident case in the following ways:

Offer you a complimentary consultation
Collect significant evidence (Police report, medical records, witness statements, expert witness reports, vehicle inspection report)
Manage all communications on your behalf
Determine liability (and recreate the scene of the accident)
Calculate your damages
Negotiate settlement offers
Represent you during this difficult time

We will be as involved in your case as you desire. Your health and recovery is the most important thing to consider. By allowing us to manage each of the legal steps in your car accident case, you can focus on your recovery.
How Much Compensation A Lawyer May Be Able to Get You
To justify the costs of hiring a lawyer, car accident victims often wonder how much they will receive in compensation if they work with a lawyer. The actual amount of compensation that you will collect will depend on many factors including the extent of your injuries, who is responsible, and whether multiple parties are to blame.
Under Florida’s pure comparative negligence doctrine, it is possible that both you and the other driver can be at fault. Fortunately, we can still fight to collect compensation on your behalf as long as another driver holds a majority of the fault.
The compensation that you receive in your car accident case might include the following costs:

Medical costs
Lost wages
Loss of benefits
Household expenses
Property damages
Childcare costs
Diminished earning capacity
Pain and suffering

It is easy to calculate your economic damages like your lost wages and medical costs. It is the non-economic costs such as the diminished earning capacity and pain and suffering that are more challenging to calculate. Working with a lawyer that is familiar with collecting damages concerning a Florida car accident case can help you accurately calculate these types of damages.
Many insurance companies will attempt to offer you a settlement. While accepting a settlement offer can reduce court fees and time spent in court, it can also leave valuable money on the table. Working with a lawyer that is familiar with this process can help you calculate your damages and compare them to any settlement offers you might receive.
You Do Not Have Much Time To Hire A Florida Car Accident Lawyer
It is critical to hire a lawyer for your car accident case as soon as possible. Florida requires that we file all car accident cases within four years from the date of the accident. Failing to meet this strict time limit can deem you ineligible for any compensation that you deserve.
By scheduling a complimentary, no obligation consultation with our legal team, we can begin looking at the details of your case. We will never collect any fees unless we are also able to collect compensation on your behalf. You can reach us at 855-529-0269.
Choosing The Right Car Accident Lawyer In Florida
The outcome of your case relies on the legal representation you hire. The lawyers at Chalik & Chalik Injury Lawyers are familiar with local laws as they pertain to car accidents. We also understand the overwhelming situation you are currently facing. We will fight for the compensation that you deserve. Call us today at 855-529-0269.

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