Question 1

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 2

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 3

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 4

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 5

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 6

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 7

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 8

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 9

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 10

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 11

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 12

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 13

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 14

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 15

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 16

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 17

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 18

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 19

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 20

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 21

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 22

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 23

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 24

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 25

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 26

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 27

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 28

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 29

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 30

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 31

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 32

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.

Question 33

Who Determines Fault (And How) After A Car Accident in Florida?

Accepted Answer

The determination of who is at fault after a car accident in Florida is typically made by a judge using information collected from the parties involved in the accident, their legal representatives, their insurance claims adjustors, and the police officers who responded to the accident.
Determining Fault in a Car Accident in Florida
There are four important elements to establishing fault in a Florida car accident case:

Duty of care: The responsible driver held a legal duty of care for the injured party’s safety and wellbeing.
Breach of duty: The responsible driver breached their duty of care, either through negligence or intent.
Causation: This breach of duty caused the accident to occur.
Damages: The accident resulted in losses and expenses.

A Florida car accident lawyer can help establish the at-fault party’s duty of care, demonstrate how their actions led to the accident, and pursue compensation for the injured party’s resulting damages.
Evidence That Helps Determine Fault
Common forms of evidence used to establish fault in a Florida car accident case include:

Police reports
Witness statements
Expert witness reports
Photo or video evidence from the scene of the accident
Damage reports

It is possible that the police report could indicate who is at fault. This is not always the deciding factor. A car accident lawyer may recreate the scene of the accident to determine exactly what happened and whether the evidence points to another responsible party.
Calculating and Covering Damages in a Florida Car Accident
Because Florida is a no-fault insurance state, each driver is required to carry a minimum of $10,000 in personal injury protection (PIP) coverage, which can be used to pay for expenses like:

Medical costs
Property damage
Lost wages
Lost work benefits

The injuries and damages from a severe car accident can quickly exceed the maximum compensation allowable under the no-fault insurance policy. In this case, the injured party could seek compensation from the at-fault driver through a third-party claim.
A car accident lawyer can help calculate compensation in your car accident claim by collecting medical records, physician statements, vehicle repair reports, invoices, and expert witness reports.
Discuss Your Case With a Florida Car Accident Lawyer Today
The Florida statute of limitations stipulates that all car accident cases must be filed within four years of the car accident.
It takes time to collect evidence and build your case, especially when you are focusing on your recovery. A car accident lawyer can make the process easier by handling the details on your behalf.
The legal team at Chalik & Chalik Injury Lawyers is ready to assist you with your Florida car accident case. Call us today at 855-529-0269 for a free consultation

Question 34

What Are Some Types of Palsy Resulting from Birth Injuries in Infants?

Accepted Answer

What Are Some Types of Palsy Resulting from Birth Injuries in Infants?
Injury during the birthing process can lead to certain types of palsy including:

Erb's: A type of paralysis from injury to the arm’s upper nerves.
Klumpke’s: A type of paralysis from damage to the forearm or hand.
Brachial Plexus: Injury of the spinal cord nerves.
Cerebral: A disorder of movement affecting muscle and cognitive development.

What Causes Birth Injury Palsy?
Mistakes that occur during birth can cause injury to a newborn, sometimes in the form of palsy. Potential causes might include:

Failing to identify medical problems during prenatal care
Misuse of medical equipment
Undertrained staff
Lack of knowledge of hospital or medical protocols
Failure to perform C-Section in time or other common birth injuries associated with C-sections.

When medical providers make a mistake, it can have a disastrous outcome. Unfortunately, it is not always easy to identify medical malpractice. Working with a birth injury lawyer can help you understand your legal options. Call 855-529-0269 if you have any questions about types of palsy in infants that result from birth injuries.
What Are My Legal Options If My Baby Has Palsy?
If you believe a medical mistake was the cause of your newborn’s palsy, it is possible you have legal options. While taking legal action might not take away your baby’s injury, it can help you collect compensation to assist with her medical and emotional care.
Bringing a legal case against a negligent medical provider requires us to determine liability. Our team of birth injury lawyers will immediately begin to collect documents to demonstrate liability. We build your case with the following information:

Prenatal medical records
Labor and delivery medical records
Witness statements
Parent recollections

We also work to hire an expert witness. It can be difficult to determine if medical mistakes were made when you are not sure what to expect. Working with a medical expert provides the necessary insight we need into what should have happened and what really happened.
If you believe your infant’s palsy injury resulted from a birth injury at the hands of a medical provider, it is important to explore your legal options for birth injuries and take action soon. Florida requires that we file all medical malpractice cases within two years from the date of birth, or within six months after discovery.
How Much Will I Receive In Compensation?
Every birth injury case is different. By better understanding your case and how the palsy will affect your newborn’s life, we can determine an appropriate compensatory amount. Florida allows us to recover the following types of costs:

Medical bills (past, present, and future)
Household renovation needs
Childcare costs
Special assistive or treatments for palsy
Transportation costs

A child with Palsy requires special care and attention. Depending on the family’s situation, it might make sense for one, or both, parents to stay home to take care of the baby. We will consider the many ways the birth injury has affected your family financially and potentially help you receive compensation for wrongful birth.
How We Assist with Your Birth Injury Palsy Case
Finding out there is something wrong with your newborn is a terrible shock. It is normal to feel mad, frustrated, and upset. Much of your focus and attention will be on the care of your newborn, and the attorneys at Chalik & Chalik Injury Lawyers help you navigate the legal process with the following services:

Complimentary consultation. We don’t expect you to know exactly what happened. A complimentary consultation allows us to collect additional information about your case and determine what your legal options are.
Represent you and your family. Your newborn’s health and happiness is the most important thing. We manage the legal process, handling all communication and filing, while you focus on your family.
Hire expert witnesses. Testimony from an expert is very important to your case. We work with exceptional medical providers that can help us pull necessary information to determine the cause of your newborn’s injury.
Calculate damages. A settlement offer may accompany your claim. In many cases, the insurance company, hospital, or medical provider will want to hide the mistake and offer a settlement. We assist you in calculating your damages.

Schedule A Free Consultation with A Birth Injury Lawyer Today
You had joyous expectations for the labor and delivery process. You expected to immediately hold your newborn after birth. A mistake during delivery can quickly ruin these expectations. Your child might be taken for additional testing or medical procedures.
You may find out your child requires ongoing medical care and will experience developmental challenges. We understand the strong emotions you’re experiencing, and we are here to help. While we cannot reverse the medical
mistake leading to your infant’s palsy that resulted from birth injuries, we can help you find justice and collect the compensation you deserve. Call a birth injury lawyer today at 855-529-0269.

Question 35

Does the Age of Your Tires Matter in Tire Tread Separation Accidents?

Accepted Answer

The age of a tire can pose a greater risk in a tire tread separation accident. Over time, the treading on a tire wears down and is more likely to separate from the body.
This does not mean that all tire tread separation accidents result from older tires. Tread separation accidents can arise from many causes including:

Improper repair of a flat tire
Poor driving habits
Manufacturer design defects

Of course, the age of a tire can exacerbate any of these potential causes, making the situation even more dangerous. Call 855-529-0269 if you have any questions about the most likely cause of tire failure and the age of your tires affecting tire tread separation accidents.
How Do I Know If My Tire Is At Risk Of Tread Separation?
Tire tread separation accidents are very dangerous. When the tread separates from the tire casing, it can cause a blowout. A tire blowout can lead a driver to lose control of his vehicle, usually resulting in significant damages. Because of the potentially severe consequences, it is important to avoid tread separation when possible.
The following signs can indicate a problem with your tires:

Tire blemishes (air bubbles, cracks, or thin tread)
Vibration when driving
Uneven treading

Although identifying these signs doesn’t necessarily indicate that a tire tread separation will occur, it does mean you should have your tires inspected or replaced as soon as possible in case the age of your tires played a role in your tire tread separation accident. It is important to look into tires that have been recalled for tread separation in this event.
What Are My Legal Options Following A Tire Tread Separation?
Unfortunately, tire tread separation cases are usually severe. They result in expensive repairs and significant injuries. It is only right that the responsible party covers these expenses. But, how do you know who is responsible for the accident?
Working with a tire tread separation lawyer can help you better understand your legal options. The lawyers at Chalik & Chalik Injury Lawyers are familiar with Florida’s laws as they apply to tire tread separation accidents. We will collect evidence, work with expert witnesses, and get to the bottom of what happened.
Take Action Today Following Your Tire Tread Separation Accident Case
If you are dealing with injuries following a tire tread separation accident, it is important that you take action as soon as possible. Florida requires that we file all product liability cases within four years from the date of the accident. If the case involves wrongful death, then we must file within two years from the date of the accident. It can take some time to investigate the details of your accident, so it’s important to schedule a consultation with a lawyer soon.
We will also help you file a report of your tire tread separation accident with the National Highway Traffic Safety Administration (NHTSA). Filing a report allows them to further investigate the possible faulty tire and prevent other drivers from experiencing a similar accident. The age of your tires may be an issue in your tire tread separation accident, and this is among what Florida drivers should know about defective tires.
You might be eligible for compensation if you are dealing with a tire tread separation accident in Florida. Call one of our tire tread separation accident lawyers today at 855-529-0269.

Question 36

What Are Some Examples Of Birth Trauma Injuries?

Accepted Answer

Trauma during the labor and delivery process can lead to either minor or severe birth injuries. These injuries might include:

Broken or fractured bones
Infections
Cerebral Palsy
Brain trauma
Skin lacerations
Brain swelling
Lack of oxygen
Neurological disorders

Some of these birth injuries, like a lack of oxygen or bruising, may go away over time. Other birth injuries can be life-changing. Cerebral Palsy, for example, can affect the child’s neuromuscular development. Some birth injuries require ongoing medical care or surgical procedures to repair the damage.
What Causes Birth Trauma Injuries?
The source of these birth injuries might arise from natural causes or from mistakes that occur during labor and delivery. In a typical delivery room, there are numerous nurses, medical assistants, and physicians that all handle the newborn. Anyone of these medical professionals can inflict an injury on the newborn.
A newborn’s injuries could be from any of the following medical mistakes:

Delayed C-section
Improper use of delivery tools
Failure to monitor mother or infant vitals
Lack of training
Misunderstanding of hospital regulations
Failure to monitor infants position before delivery
Head trauma during delivery
Entrapment of limbs during delivery
Excessive force when handling the newborn

It is not always easy to identify the cause of a birth injury. However, some injuries point to neglect. For example, if the child is born with bruising to the face, it could be the result of poor handling during delivery. Additionally, a newborn with a lack of oxygen might have been struggling for oxygen before delivery too. With proper monitoring of vitals, delivering the baby sooner could prevent significant damage.
Who Is Responsible For Birth Trauma Injuries?
When a newborn or the mother suffers injuries during labor, it can turn a joyous occasion into a disastrous one. Unfortunately, it can also be difficult to determine responsibility. New parents might wonder if a medical mistake caused the birth trauma injury to occur, but without expertise on the subject, it is not always easy to determine that is the case.
It is possible that everything that could have been done to prevent the injury was done. However, it is also possible that the medical providers made a mistake and that one of the caregivers were negligent in their care. A physician might be at fault if they fail to monitor the mother for any dangers before labor. The hospital staff might be at fault if they did not pay close attention to the mother and infant’s vitals during labor and delivery.
Also, failing to take action quickly enough or not taking action at all when medical risks are present can deem someone responsible. Whether the medical staff was under-trained, misinformed, or careless, the state might find them negligent.
How Will I Cover My Newborn’s Birth Injury Expenses?
If you suspect that a medical provider’s mistake was the cause of your infant’s injury, it is more than reasonable to want to seek justice.
A child with a birth injury might require the following costs:

Ongoing medical care
Surgical procedure
Mobility assistive device
Household renovations to accommodate mobility device
Special education lessons
Around the clock care

Raising a child is already expensive. But when that child now requires ongoing medical care, it can make it difficult to make ends. One, or both, parents might need to stop working to care for the child. It is only right that the responsible party pays for these costs.
Scheduling a free consultation with a birth injury lawyer is the first step in taking collecting the compensation you deserve. We will evaluate the details of your case and get to the bottom of what happened. If the circumstances point to possible medical malpractice, we will immediately begin investigating your case.
We will collect information from medical staff, medical records, and expert witnesses to determine liability. You can schedule a free consultation with a birth trauma injury lawyer today at 855-529-0269.
Schedule A Consultation With A Birth Injury Lawyer Today
Unfortunately, mistakes can and do happen during labor and delivery. When they do, it is only right that the medical provider pays for their mistake. Taking legal action can help you care for your newborn’s trauma injuries easier with financial security. By calling attention to the mistake, it might also prevent the medical provider from making the same mistake with another newborn.
Call one of our birth trauma injury lawyers today at Chalik & Chalik Injury Lawyers at 855-529-0269.

Question 37

What Is A Wrongful Birth &#038; Can You Receive Compensation From The Doctor Who Performed It?

Accepted Answer

Wrongful birth is a type of pediatric malpractice. It occurs when a parent is not given information about potential birth defects or medical complications that could influence the parent’s decision to avoid conception or terminate a pregnancy. Depending on the circumstances, you may be eligible to recover compensation from the doctor who performed a wrongful birth.
How Does This Differ From a Birth Injury?
A birth injury occurs during the birthing process. Both types of medical malpractice include negligence; however, the medical provider’s negligence in a wrongful birth case leads to the mother getting pregnant or giving birth, a choice she would not have made if she had had all the information necessary to make such a decision.
How Could a Wrongful Birth Have Been Prevented?
A wrongful birth is often the result of a medical provider’s negligence in situations like these:

The medical provider fails to perform necessary tests
The medical provider gives an inaccurate diagnosis
The medical provider fails to inform parents about genetic conditions
The medical provider offers inaccurate information
The medical provider pushes his or her beliefs on the parents

Many states do not recognize or allow wrongful birth cases, but Florida does. This state expects medical providers to offer parents full disclosure regarding the health of an unborn baby. When a medical provider fails to provide this information, he or she may be liable.
How Much Compensation Can I Receive?
Taking care of a baby with severe disabilities is life-changing. With those added responsibilities, one or both of the parents may find it difficult to work outside the home. The family may have to renovate the house to accommodate the child’s assistive devices. The child may require medical care for his or her entire life.
These costs accumulate quickly, leaving the family in a tough financial situation. The goal is to compensate the family for the financial differences involved with raising a “normal” child and a child born with defects. This might include:

Medical costs
Rehabilitative costs
Lost wages
Household renovation fees
Transportation
Pain and suffering
Lifelong care of the child
Childcare costs

How Our Team Can Help You With Your Wrongful Birth Case
We understand how quickly joy can turn to devastation after learning something is wrong with your child. While we cannot be able to heal your baby, we will fight to get you the justice and compensation you deserve.
Complimentary Consultation
During your complimentary and confidential consultation, our legal team has the opportunity to get to know you and the details of your case. Collecting important information helps us identify fault and determine the next legal steps. We never charge anything unless you receive compensation.
Collect Documents
We must collect documents that identify the medical mistake and your associated damages, including medical records, medical staff reports, and personal statements. This will help us determine liability.
An expert witness statement will also be important to your case. In order to determine medical malpractice, we will need to identify another medical provider who would have handled the situation differently. Our legal team will focus on collecting these documents while staying within Florida’s statute of limitations.
Assist You in Navigating the Legal Process
Navigating the legal process while focusing on your baby’s health can be overwhelming. Let us handle the filing and court dates. We will fight to seek justice and collect every dollar you deserve.
Why a Wrongful Birth Lawyer May Be Important to Your Florida Case
Deciding to pursue legal action following a wrongful birth case does not mean you wish your child was never born. You are simply asking the negligent medical providers to accept their responsibility. You should not be saddled with the costs of raising a child with disabilities in a wrongful birth case.
It is only right for the responsible parties to pay for their medical mistake. Our team can help. We will fight to help you collect the compensation you deserve to alleviate some of the financial burden of raising your child. By calling the medical provider out for his or her mistake, you might prevent another parent from going through a similar situation. Call one of our wrongful birth lawyers in Florida at Chalik & Chalik Injury Lawyers at 855-529-0269.

Question 38

What Should All Florida Drivers Know About Defective Tires?

Accepted Answer

Defective tires are a problem for anyone, but they may pose extra danger to Florida drivers. The constant heat and humidity in Florida can affect the air pressure in the tires; this inconsistent or unexpected change in air pressure combined with a faulty tire can lead to serious accidents. There are several things all Florida drivers should know about defective tires, including identifying defective tires, determining why they are more dangerous in Florida, how they can cause injuries, and who might be liable for those injuries.
Why Are Defective Tires So Dangerous in Florida?
Florida is warm year-round. This year-round warmth can cause your tires to deteriorate more quickly. When tires are already defective, they can fail and cause a serious accident.
How Can You Identify Defective Tires?
A tire can be defective in a variety of ways:

Tread separation
Missing components
Belt separation
Manufacturing defects
Wear and tear
Improper fit

Each of these potential defects can lead to a dangerous situation. It is important to monitor your tires for any visible defects. Check for damage to the sidewalls and examine the tread levels. You should also pay attention to the amount of air in your tires and fill them when necessary. Drivers should check their tires at least once per month and prior to any long road trips.
Florida drivers can also check with the National Highway Traffic Safety Administration (NHTSA) to see if there have been any recalls issued. The company records all complaints and investigates potential tire defects. This can allow you to find any problems before they cause an accident.
Who Is Responsible For A Defective Tire?
The type of tire defect usually indicates who is to blame for the defect.
The following parties may be responsible for a defective tire:

Manufacturer: Responsible for mistakes created during the design or manufacturing process.
Tire Shop: Responsible for improper tire installation (or selling old tires and claiming they are new).

If the tire manufacturer identifies a problem, the company may issue a recall. This is often after numerous drivers report a specific problem with the tire. You should act immediately after receiving notification of a tire recall. Driving on a recalled tire is dangerous, and you could lose your right to collect compensation in the event of an accident.
If the manufacturer or the tire shop is to blame for your defective tire accident, you might qualify for compensation for your injuries, property damages, and pain and suffering. We can assist you in evaluating the details of your case.
What Are My Options If I Suffer Injuries Because of a Defective Tire?
It is important to discuss your case with a tire accident lawyer to better understand your legal options. Our team will investigate the accident and determine who is at fault and how the tires played a role in the accident. This will allow to determine whether you want to pursue the responsible party for compensation.
How We Can Assist You With Your Defective Tire Case
Defective tires can result in severe car accidents, often injuring the driver, passengers, and nearby pedestrians. This is how we can assist you with your defective tire case:
Complimentary Consultation
The first step is to talk with us. It costs nothing for you to learn more about your options, and we want to learn more about you and collect the details concerning your accident. By evaluating the specific events that led to the accident, we can determine liability and take the necessary steps to establish fault.
Calculate Damages
Because defective tire accidents are often severe, the associated damages can get expensive. These costs often exceed the coverages available under a personal insurance protection policy, which means we will have to seek compensation from the manufacturer, tire shop, or other responsible party. We will assist you in calculating the damages and ensure you receive compensation for expenses related to the accident:

Medical bills
Household costs
Lost wages
Diminished earning capacity
Pain and suffering
Temporary transportation costs
Vehicle repairs
Childcare costs

Handle All Communications
Dealing with the aftermath of a defective tire accident can be overwhelming. Not only are you dealing with numerous medical appointments, you might also be struggling to handle household costs if you are unable to work because of your injuries. Throwing in the requirements of a lawsuit at this time can feel almost impossible.
The lawyers at Chalik & Chalik are here to help you manage the aftermath of an accident. We will handle all communication with the defendant and insurance providers and help you navigate the legal process.
Why a Lawyer May Be Important to Your Defective Tire Case
In some cases, manufacturers can identify a defective tire before they cause any significant harm to anyone. Unfortunately, this is not always the case; if you suffered injuries because of a defective tire, you can — and should — seek justice. We are here for you. Call Chalik & Chalik Injury Lawyers at 855-529-0269.

Question 39

Why Should Florida Residents Be More Concerned With Tire Tread Separation Than Other States?

Accepted Answer

Florida residents should be more concerned with tire tread separation than other states for a few reasons:

Florida is not subject to icy or snow-filled roads. Instead, it has consistently warm weather. Warm weather can affect your tires by expanding the air inside of the tire. The fluctuating air levels can lead to the tire’s treads separating and causing a disastrous accident.
Tire tread separation accidents can also occur from a lack of bonding between the rubber and steel materials of the tire. Hot weather can cause it to wear down faster over time. Florida’s consistently high humidity levels can pose a dangerous risk to this important bonding process.
Vehicle owners everywhere should routinely check the condition of their tires. Residents of northern states tend to keep up with these requirements better as they often change out summer tires for winter weather tires. Because the weather in Florida is consistent year-round, it could take longer for someone to identify a problem.

What Are Other Causes Of Tire Tread Separation?
There are a few other things that can cause a tire tread separation:

Manufacturer defects: Problems during the manufacturing process including improper curing, lack of quality control, and too fast production times can lead to problems with the design of the tire.
Improper maintenance of tires: Under and over-inflated tires are dangerous. It’s important to change out tires once the treading has worn low.
Improper tire change: When a tire is not replaced correctly, it can lead to tire separation.
Careless driving: Hitting large potholes at high speeds or failing to maintain tires can be dangerous.

How Do I Know If My Tires Are Safe?
Checking the condition of your tires regularly is vital. You can check the safety of your tires by scheduling a tire rotation and inspection. It’s also important to change out your tires once the treading is worn. Avoid changing a tire if you’re not familiar with the correct way of doing it. If you intend on going on any long road trips, have your tires looked at by a professional.
What Happens If I’m In A Tire Tread Separation Accident?
Vehicle accidents from tire tread separation are often severe. When a tire tread separates, it causes the driver to lose complete control of their vehicle. This can endanger the passengers as well as other pedestrians on the road. If you’re dealing with injuries from a tire tread separation accident, you may have legal options.
Discuss Your Case With A Lawyer
One of our tire accident lawyers can help you determine the cause and legal options available in your case. Scheduling a free, no-obligation consultation gives us the opportunity to learn more about the accident.
Determine Fault
We’ll assist you in determining who’s responsible for your tire tread separation accident. This can be done by collecting information such as a police report, witness statements, maintenance reports, and images and videos from the scene of the accident.
When a tire tread separation occurs, it’s possible more than one party is to blame. For example, if the tire was repaired improperly by a mechanic and the driver was careless when driving over potholes, both parties may be responsible. Fortunately, under Florida’s pure comparative negligence doctrine, we can still collect compensation for any portion of the accident you’re not at fault for.
Report Your Tire Accident
If your tire tread separation accident was the result of poor manufacturing or quality inspection, it’s crucial we investigate and report the case. This could open an investigation into the manufacturing process and prevent other drivers from experiencing similar damages. We’ll assist you in filing a complaint with the National Highway Traffic Safety Administration (NHTSA). This process can also help us identify any current recalls on the tire.
Call Today for a Free Consultation
Tires require proper manufacturing, careful repairs, and routine inspections. Otherwise, tire problems can lead to expensive and disastrous damages. It’s not always easy to identify who’s at fault when a tire’s treads separate.
Adding Florida’s humid heat to already existing tire defects mean Florida residents may be at an increased risk of tread separation accidents. Working with a tire tread separation accident lawyer in Florida can help you evaluate your options and get to the bottom of what caused your accident. Call us today at Chalik & Chalik Injury Lawyers at 855-529-0269.

Question 40

Can Your Baby Suffer A Birth Injury From An Epidural Injection?

Accepted Answer

Yes, your baby can suffer a birth injury from an epidural injection. Possible injuries include:

Lack of oxygen
Brain injuries
Diminished muscle build
Low Apgar test scores (a score that determines the baby’s health)

Causes of an Epidural Injection Birth Injury
Any medical procedure is subject to risks. However, in some cases, the obstetrician or anesthesiologist makes a mistake that can cause your baby to suffer serious injuries. Potential mistakes that could lead to injuries include:

Improper dosage of epidural medication
Administering the epidural in the wrong location
Failing to monitor the vitals of the fetus and the mother
Missing prescription interactions or allergies
Administering the epidural at the wrong time

The state of Florida expects all medical professionals to uphold a standard of care for their patients. When they behave negligently, they are subject to paying for those mistakes. This is true whether the negligence was intentional or the result of inexperience or a lack of knowledge. A medical malpractice lawyer can help you file a claim.
You Have a Limited Amount of Time to File a Medical Malpractice Lawsuit
When your child suffers birth injuries, filing a lawsuit may be the last thing on your mind. It is still an action you should consider. Under Florida Statute § 95.11(4)(b), you must file your medical malpractice lawsuit by your child’s eighth birthday.
How We Can Assist You with Your Birth Injury Case
Complimentary Consultation
Our legal team of birth injury lawyers is familiar with the necessary process to investigate injury from an epidural injection. Upon investigation, we then determine fault in the labor and delivery setting. To start this process, the first step to take is to discuss the details of your case with a birth injury lawyer at Chalik & Chalik Injury Lawyers at 855-529-0269.
Investigate the Case
It is not always easy to pinpoint the exact mistake that led to an infant’s injuries. With often-confusing medical terms and a lack of knowledge surrounding hospital procedures, it can be difficult for the average citizen to determine if a mistake occurred during the administration of the injection. Furthermore, even when it is clear a mistake occurred, it can be challenging to determine and prove who is at fault. We can help.
Our legal team of birth injury lawyers will work to investigate the case and find the underlying cause of what went wrong during the labor and delivery. During this process, we collect important information to support our claims, including:

Medical records (including pregnancy documents)
Expert witness statements
Medical staff reports
Personal recollections of the labor and delivery

It is also important that we investigate and determine if we have a case within Florida’s statute of limitations. There are some situations that can extend the timeline, but these situations are rare. It can also be more difficult to collect important documents if we wait too long. This is why you are encouraged to reach out to a birth injury lawyer as soon as possible if you believe your child’s injuries are due to a medical mistake.
Collect Compensation
When a child suffers injuries during birth, it can leave the family in a financially pressing situation. These challenges escalate when your child’s injuries may require lifelong medical care. You may have to take time off work or retire to assist your child with their injury. Additionally, it might be necessary to make household or vehicle renovations to accommodate a lifelong injury. These are costly economic factors you need to address.
There are also noneconomic costs that are important to consider. Both you and your child are in a situation where you have experienced a great amount of pain and suffering due to a medical provider’s mistake. It is not easy to calculate the effect of this on your life. We will help you calculate your damages and get the compensation that you deserve.
Get Help from a Birth Injury Lawyer Today
The delivery of your newborn baby can turn into a disastrous experience when you learn that a medical mistake left from an improperly administered epidural injection can leave them with injuries. It is important to work with a birth injury lawyer that is familiar with the investigation and legal process.
Let us help you while you focus on the health of your newborn baby. Call us today at Chalik & Chalik Injury Lawyers at 855-529-0269.

Question 41

What are Some Common Birth Injuries Associated with C-Sections?

Accepted Answer

Some common birth injuries associated with C-sections include:

Facial or body cuts
Fractures
Spinal cord injuries

In addition to these common C-section birth injuries, other risks are present if the anesthesiologist did not administer the drug properly during a C-section delivery procedure. These potential injuries include low blood pressure, blood clots, and internal bleeding. There is also a risk of injuries to the mother during a C-section birth.
What Causes C-Section Birthing Injuries?
C-section deliveries are a common procedure in the hospital setting. However, they require careful monitoring of the mother and infant both before and after delivery. Failure to monitor, as well as mistakes before and during the C-section can lead to life-sustaining injuries.
There is an increased risk with a C-section delivery because of possible complications. Some of these injuries are a result of negligence. A few examples include:

Delaying the C-section for too long
Failing to complete a C-section
Failing to identify fetal distress
Improper administration of anesthesia
Failure to monitor the mother and infant vitals
Failure to evaluate for infections
Not following hospital procedures for the labor and delivery process

How Can I Identify Problematic Symptoms?
In some cases, complications from a C-section delivery do not show up while the mother and infant are in the hospital; rather, they appear once they are at home. Certain symptoms may indicate there was a problem during the C-section delivery. These include:

Excessive bleeding
Difficulty breathing
Abnormal drainage
Persistent fever

If any of these symptoms occur, contact a doctor immediately. After you receive the proper medical care, you may want to consider seeking a legal consultation to learn what your options may be.
How Long Do I Have to File a Birth Injury Case?
Even in challenging times after your newborn baby suffers injuries, it is still important for you to seek out your options. You have up until your baby’s eighth birthday to recover compensation.
The statute of limitations is complex. Because of this, it is important to discuss the details of your case with a birthing injury lawyer as soon as possible. Call Chalik & Chalik Injury Lawyers today at 855-529-0269.
Determining Fault for C-Section Injuries
If you or your baby suffers injuries from a C-section, you may be eligible for compensation. This process begins by determining who is at fault. We offer a complimentary and confidential consultation to help determine this. This consultation gives us the opportunity to collect important details about your case and to determine the best legal steps to take going forward.
Call us today at 855-529-0269 to discuss the details of your case.
What Costs Can Be Recovered?
Birth injuries can lead to expensive medical bills. This is why it is important for us to establish negligence. By doing this, we can collect the compensation you deserve. This includes assisting you in recovering the following costs:

Medical bills
Prescription costs
Rehabilitative costs
Loss of income
Pain and suffering
Loss of earning capacity
Transportation costs
Household renovation costs

The specific costs will depend on the injuries, and any life or household changes needed to accommodate those injuries.
How Our Lawyers Can Assist with Your Birthing Injury Case
Investigating the Case
As a part of the process of determining responsibility for any C-section injury a mother or infant have, we look at information from various sources. This information is what will help us determine who is at fault and it includes sources such as:

Medical records
Physician statements
Witness statements
Expert witness statements

Through the investigation, we will work to identify the following four elements:

Duty of Care: We will establish a legal duty of care was present. All physicians and healthcare staff have an expectation of acting appropriately in their care of the patient.
Breach of Duty: We will collect necessary evidence to determine the defendant failed to provide duty of care. This most often occurs through negligence.
Causation: We will work to determine the negligent actions caused the birth injuries.
Damages: We will compile a list of damages. Then we work on your behalf to seek compensation on these damages.

Calculating Damages
We understand many damages exist in a birthing injury case. We will assist you in calculating all damages, including medical costs, as well as noneconomic damages like pain and suffering. The noneconomic damages can be more difficult to calculate. However, they are just as important as the physical damages.
Why a Lawyer Is Important To Your Case
The legal process of filing a medical malpractice case can be long and complex. Working with a birth injury lawyer allows you to focus on your health and the health of your newborn, while we handle the legal process.
It is important to work with a lawyer familiar with the entire process. Call one of our birth injury lawyers today at Chalik & Chalik Injury Lawyers at 855-529-0269.

Question 42

Can Your Tire Fall Off While Driving &#038; Cause An Accident?

Accepted Answer

Yes, your tire can fall off while driving and cause an accident. The possibility of the driver losing control of the car or rolling over exists. In these situations, severe and costly injuries are possible.
Additionally, the tire can cause injuries that extend beyond the car’s driver and/or passengers alone. After it has fallen off, it can spin out of control at high speed. This is a potential concern for nearby pedestrians and drivers.

What Can Cause a Tire to Fall Off While Driving
Anything that leads to the loosening of a tire could also cause it to fall off while driving. A few common causes include:

Broken hub
Loose lug nuts
Fastening failure
Axle fracture

In some cases, these causes are due to user error.
An example of this would be a car’s owner changing their own tire and failing to sufficiently tighten and secure the lug nuts. Problems with the design of the tire can also lead to a tire falling off. A problem like this is an example of an error that occurred during the manufacturing process.
It is also possible that a technician or repair shop is to blame for the tire falling off while driving. There are specific requirements regarding which tool to use when putting on a tire and how much tightening is necessary when replacing tires or wheel nuts. So, in addition to a car’s driver or the manufacturer, the blame could involve the:

Vehicle dealership
Another driver
Mechanic

This is why you need information to help you determine a course of action.
Your Options for Recovering Compensation if a Tire Fell Off While Driving
If you were operating a vehicle when one of the tires fell off, you may be entitled to compensation for your injuries and other damages. We can help you evaluate the details of the case and determine the next best legal steps. Call one of our personal injury lawyers at Chalik & Chalik Injury Lawyers at 855-529-0269.
Our legal team will assist you in collecting any damages associated with the accident. Our car accident lawyers will assist you in recovering costs such as medical expenses, lost wages, tire replacement costs, and transportation costs.
Parties That Might Be Responsible for Your Damages
The party responsible for these damages will depend on the details of the accident. If the tire fell off due to user error, it is possible that you can collect compensation under your own no-fault insurance policy. When seeking compensation from your insurance provider, it is not necessary that we determine fault.
However, if another party is at fault, we would need to seek compensation outside of the no-fault insurance policy. Florida’s no-fault insurance coverage offers $10,000 in benefits. When a vehicle rolls over or the driver loses control, it is possible that the medical costs and damages will exceed that amount.
In this case, it is important that we establish negligence. We must determine that the responsible parties’ negligent activities led to the accident and caused damages to occur. Our legal team can assist you with this process.
How We Can Assist You With a Tire Accident
Complimentary Consultation
It is important that we understand the specific details of your accident and injury. This will help us determine who is at fault and who is responsible for your damages. The complimentary consultation gives us the chance to get to know you and your case. It is the first step to you finding a solution for your situation.
Determine Fault
When a tire falls off while driving and leads to severe injuries, it can be difficult to establish who is at fault. Determining this is an important first step to your case. We will assist you in this process of proving fault by collecting the following important documents:

Witness statements
Police report
Vehicle maintenance reports
Images from the scene of the accident
Expert witness statements

If possible, we can also recreate the scene of the accident to determine who is at fault.
Assist You With Filing a Claim
If the tire fell off due to a defect, we will assist you in filing a claim against the manufacturer. It is important to report any potential tire defects to the National Highway Traffic Safety Administration (NHTSA). The NHTSA keeps tracks of all reports and issues a mandatory recall when there are numerous reports for one brand of tire.
It is also possible that there is already a recall on the failed tire and we can assist you in checking the recall list.
Why You Should Consider a Personal Injury Lawyer
A tire that falls off during movement puts every passenger, as well as nearby drivers in danger. It is only right that the party responsible for the tire falling off pay for the damages.
Call one of our personal injury lawyers today at Chalik & Chalik Injury Lawyers at 855-529-0269.

Question 43

What Are Some Causes Of Tire Tread Separation?

Accepted Answer

Tire tread separation occurs when the belts on the tire tear. Some common causes of tire tread separation include:

Manufacturer and tire design defects
Over-inflation/under-inflation of the tire
Excessive wear and tear
Damage to the tire
Improper repair of a flat tire
Unsafe and substandard tires

What Happens When the Tire Tread Separates?
When a tire’s treading separates from the casing of the tire, a dangerous situation can occur. The driver could lose complete control of the vehicle. A loss of control at high speeds or on busy roads can end put you in jeopardy of a serious accident.
Who is Responsible for a Tire Tread Separation Accident?
It is not always easy to establish fault when a tire tread separation accident occurs. Once the tire blows out, it can be difficult to identify the cause. The most common places to look to determine where the fault may lie include the:

Manufacturer
Tire shop
Repair technician
Driver

More than one party might also be at fault. For example, if a flat tire was improperly repaired and the driver was aware of this but did nothing to correct the situation, both parties could be at fault.
Under Florida’s strict liability laws, the state expects all manufacturers to claim responsibility for their products. If we determine that a product’s defect is to blame, we will work to collect the compensation that you deserve.
How Much Compensation Can I Receive for a Tire Tread Separation Case?
There is no set amount of compensation you can receive for a tire tread separation case. The court will consider all costs. This is important for you to know because of the potential for a severe accident. By us being able to consider both economic and noneconomic costs when calculating compensation, we work to get you the compensation you deserve.
We will assist you in calculating all damages associated with the accident. This will help us evaluate any settlement offers, while also determining the financial implications of the negligent mistake.
How Long Do I Have to File a Tire Tread Separation Case?
The exact time limit for filing a tire tread separation case will depend on who is responsible. If the manufacturer is at fault, we must file within four years from the date of the accident.
It is important to discuss your situation with a car accident lawyer as soon as possible to ensure you are still eligible to collect compensation.
How We Can Assist with Your Tire Tread Separation Case
Identify Fault
We will work to investigate the case to determine who is responsible for the tire tread separation. In addition, we will seek to collect the necessary evidence to demonstrate that another party was primarily to blame. Even if you were partially to blame, we can still assist you under Florida’s comparative negligence law. This law allows a driver with partial blame the opportunity to collect compensation from the party primarily at fault.
Identifying fault may seem like a challenging process to you. We will work to identify fault by collecting important documents, including:

Police reports
Medical records
Expert witness statements
Photographs and video evidence
Researching similar tire cases

We may also request information on the manufacturing process if we believe that there was a mistake.
Recover Costs
Once we identify that another party is to blame for your tire tread separation accident, we will work to recover the following costs:

Medical costs
Property damage
Pain and suffering
Insurance deductibles
Lost wages
Temporary transportation costs
Wrongful death

Identify and Report Tire Recalls
If a poor tire design is to blame for your tire tread accident, it is important that we notify the appropriate parties. By reporting the tire incident to the National Highway Traffic Safety Administration (NHTSA), we may be able to prompt NHTSA to open an investigation into the manufacturing process of the tire. It can also prevent additional drivers from suffering the same tread separation accident.
Call Today for a Free Consultation — 855-529-0269
You rely on your car’s tires to safely get you where you need to go. You never expect them to separate from the casing, causing a potentially severe car accident. When a faulty tire leads to expensive medical bills and the inability to work, it is only right that the responsible party covers these costs.
The tire injury lawyers at Chalik & Chalik Injury Lawyers are ready to begin the investigation into your tire tread separation case. Call us today at 855-529-0269.

Question 44

How Do You Receive Compensation If Your Defective Tire Was Recalled?

Accepted Answer

To receive compensation if your defective tire was recalled, you can request a refund from the manufacturer. However, in most cases, consumers with defective tires will receive a replacement, free of charge. If you replaced your tire before the manufacturer announced the recall, you may be able to demand reimbursement for both the tire cost and the labor cost.
If you suffered injuries in an accident caused by a recalled tire, you can hold the manufacturer liable for all your accident-related costs and losses.
Why Manufacturers Recall Tires
There are a few reasons why a manufacturer might issue a tire recall. One type of recall is a voluntary recall. A voluntary recall often indicates that the manufacturer has become aware of a problem with a set of tires that could potentially put users in danger. In some cases, this type of a recall is an effort to avoid legal action.
The National Highway Traffic Safety Administration (NHTSA) may also order a mandatory recall. This often occurs after there have been many reports of injuries or fatalities from defective vehicle parts.
How You Can Tell If Your Tire Is Included in a Recall
In some cases, you will receive a notification of a tire recall if you have a recalled product. However, because there is no national tire registry, you may never receive a notice. To keep yourself and other road users safe, you can search the NHTSA website for a list of current recalls.
You can also use the U.S. Tire Manufacturers Association search tool. It allows you to input your tire identification number (TIN) into the search bar and pull up any current recalls.
Filing a Product Liability Lawsuit Against Your Tire Manufacturer
If a defective tire led you to suffer injuries in an accident, you may be eligible to recover compensation through a product liability lawsuit. Florida law permits compensation when a defective product causes or worsens an injury.
To file your lawsuit, we must be able to establish the following elements:

The product was defective: If the tire was under recall, this can help prove it was defective. In some cases, we may need to work with a tire expert to more fully establish the tire’s defect.
You did not substantially alter the product once you received it: You may have a harder time recovering compensation if you patched one of the tires after it went flat or if you drove on the tires for longer than recommended.
The defective product caused you to suffer injuries: We will work to prove that your defective tire caused the accident (e.g., if your accident resulted from a tread separation, we can use accident reconstruction expert testimony to determine how the effects of a tread separation could have led to you losing control of your vehicle).

How We Can Assist You with Your Defective Tire Case
Complimentary Consultation
Navigating the process required to recover compensation after a recalled tire caused your injuries can be difficult. We offer a complimentary consultation to get to know you and your case. It also allows us to collect important details to determine if you are eligible for compensation.
Establish the Manufacturer Was Liable
We can help you establish the manufacturer’s liability. Florida follows strict product liability laws, which allow injured parties to hold a manufacturer liable without proving negligence. We will gather the evidence necessary to show the manufacturer’s liability for your injuries. This might include photos, recall notices, expert witness testimony, and more.
Evaluate Settlement Offers
Once we file a lawsuit against the manufacturer, you may receive a quick settlement offer. In most cases, this offer will be much less than you need. We will negotiate with the manufacturer to get the payout you deserve.
Present Your Case in Court
If the manufacturer refuses to offer you a fair settlement, we can bring your case to court and show the jury why you deserve compensation.
See How a Lawyer Can Help with Your Case — Call 855-529-0269 Today
Defective tires can be extremely dangerous. You rely on your tires to safely get you where you need to go. While some people find out their tires are under recall before severe injuries occur, this is not always the case.
If a defective tire caused you to suffer injuries in an accident, it is only right that the responsible party pays. A defective tire lawyer can help. Contact a member of the team at Chalik & Chalik Injury Lawyers today: 855-529-0269. The consultation is free, and we work on a contingency basis which means we do not receive compensation unless you do.

Question 45

What Is The Most Likely Cause Of A Tire Failure That Leads To An Accident?

Accepted Answer

Tread separation is one of the most likely causes of a tire failure that leads to an accident. Tread separation occurs when the tread of the tire separates from the casing or body of the tire.
When a tread separation occurs, a dangerous outcome is possible. A tread separation can cause you to lose control of your vehicle, crashing into another object or even rolling over as you attempt to regain control of the car. This can lead to severe or even fatal injuries.
Potential Causes of a Tread Separation
There are a few possible causes of a tire tread separation:

Tire Abuse: Overinflating a tire or careless driving habits (e.g., running over a pothole at a high speed) can lead to tread separation.
Improper Repair of a Flat: If you or your mechanic did not repair a flat tire correctly, the tire might be more likely to separate.
Overuse of Tires: It is crucial to replace tires after the treading wears down. Most tires come with a recommended mileage limit; however, many manufacturers recommend you replace your tires every six years. Failing to replace them after they wear down can lead to tread separation.
Manufacturer Defect: Manufacturing a tire is a complex process. A problem at any point during the manufacturing process can lead to a problem with the tire’s treads. This defect in the process can lead to a serious accident.

If a manufacturer defect caused your tire failure accident, you may be able to hold the manufacturer liable.
How to Identify a Dangerous or Defective Tire
Being aware of the symptoms of a defective or dangerous tire could potentially save you from a severe car accident. You can identify a potentially dangerous tire by looking out for the following warning signs:

Constant vibration while driving
Cracking in the sidewall of the tire
Large bulges, bumps, or blisters in the tire
Treadwear that is not even

What You Should Do If You Believe Your Tire Is Failing
If you identify any of the warning signs of a failing tire, it is important to have it checked out immediately. If possible, avoid driving on the tire until you can have a professional inspect it.
If your tire is showing signs of a defect, contact the manufacturer immediately. Reporting the tire can make it aware of the problem and could potentially lead to a recall. Issuing a recall could save other drivers from a potentially disastrous tire tread separation accident.
You can also report tire defects to the National Highway Traffic Safety Administration (NHTSA). NHTSA keeps track of all tire recalls and helps manufacturers notify other drivers that might be in possession of a problematic tire. The NHTSA can require the manufacturer to issue a recall if there is a problem with the tire manufacturing process.
Your Options If You Suffered Injury in a Tire Tread Separation Accident
In many cases, people are unable to detect a failing tire before it is too late. If your tire failed and caused you or a loved one to suffer injuries in a car accident, you may be able to hold the manufacturer liable.
You may be entitled to recover:

Medical bills
Lost wages
Lost earning capacity
Other related costs
Wrongful death damages if you lost a loved one in a tire failure accident

Our injury lawyers are familiar with the legal process of holding manufacturers liable for injuries their products caused. Call the Chalik & Chalik Injury Lawyers team today at 855-529-0269.
How We Can Assist You With Your Tire Failure Case
Complimentary Consultation
Let us evaluate the details of your case. It is not always easy to identify who is at fault when tire failure occurs. We offer free consultations to parties injured in defective tire accidents. By gathering more information about your accident, we can advise you on the best legal steps to take.
Establish the Manufacturer Was At Fault
If the manufacturer was at fault, it is only right that they pay for their mistakes. We can help you establish the manufacturer’s failure to produce a safe product injured you.
We can gather all the evidence necessary to prove liability as well as establish how the accident affected you or your loved one.
If necessary, we can also utilize the professional knowledge of experts and recreate the scene of the accident.
Call Us Today for a Free Consultation
See how a tire accident lawyer can help you today. Call Chalik & Chalik Injury Lawyers at 855-529-0269 for your free consultation.

Question 46

Can You Seek Monetary Compensation If Your Child Suffers Cerebral Palsy During Birth?

Accepted Answer

You may be eligible to seek monetary compensation if your child suffers cerebral palsy during birth. We must demonstrate that another party was at fault for the mistakes that led to cerebral palsy.
Liability For the Damages and Costs
Cerebral palsy is among the most common birth injuries. Anyone who is at fault for your child’s injuries may be liable for damages, which may include the physician, the hospital, or any other person that came into contact with you or your baby.
It can be difficult to determine that negligence led to cerebral palsy. A lack of oxygen may cause cerebral palsy. This affects the central nervous system, and the child may require medical and daily assistance for the rest of their life. In some cases, negligence is what leads to the lack of oxygen. These are just a few examples of negligent activities that can occur during the labor and delivery process:

Failure to monitor infections in both the mother and baby
Failure to perform a C-section in a timely manner
Improper monitoring of the fetal heart rate
Misuse of delivery instruments

By working with a cerebral palsy lawyer, we can collect the necessary evidence to demonstrate negligence occurred.
Who Is Eligible to File a Claim?
In most cases, the parents of the baby may seek monetary damages if their child has cerebral palsy during birth. However, there may also be other parties that are eligible for monetary damages for cerebral palsy. For example, the legal guardians of a baby with cerebral palsy may also be eligible to file a monetary claim.
How Long Do I Have to File a Case?
In most cases, Florida requires that we file cases involving cerebral palsy within two years from the diagnosis or the date of discovery. Some situations allow us to extend this statute of limitations.
Identifying the symptoms of cerebral palsy is not always visible until your child misses important developmental milestones. If you believe that medical mistakes led to these development challenges, it is important to discuss your case with a lawyer as soon as possible.
How Much Will I Receive in Monetary Damages?
The costs of cerebral palsy can get expensive. Your child might require household assistance, assistive devices, or medical procedures. It is important that we get you the compensation that you deserve.
There are some situations that cap the damages received on medical malpractice cases at $500,000 for non-economic damages and $750,000 for non-practitioner defendants.
How We Can Assist You With Your Medical Malpractice Case
Complimentary Consultation
It is normal to have a lot of questions following a medical mistake. The complimentary consultation gives us a chance to look over the details of your case. It also gives you the opportunity to ask any questions you might have about the legal process.
Establish Fault
We will assist you in establishing fault and getting to the bottom of what happened. We will do this by collecting the following documents:

Medical records
Birth records
Prenatal records
NICU records
Expert witness statements

These records will help us establish that the four elements of personal injury occurred:

Duty of care
Breach of duty
Causation
Damages

Evaluate Settlement Offers
Chalik & Chalik can negotiate a settlement offer from your birth injury case. While settlement offers can be a timely solution for everyone involved, our team of cerebral palsy lawyers is ready to take your case to court if the settlement amount does not cover your costs.
Contact a Cerebral Palsy Lawyer
The beautiful moment of giving birth can be quickly ruined when you learn that something is wrong with your baby. It can be even more devastating when you learn that a medical mistake led to the medical problem.
Medical malpractice cases are often complex. While compensation will not take away the medical challenges that you face, it can assist you with getting the supportive services that can make it easier. A birth injury lawyer or medical malpractice lawyer from Chalik & Chalik Injury Lawyers may be able to help.
Call Chalik & Chalik Injury Lawyers at 855-529-0269.

Question 47

Which Tires Have Been Recalled Recently For Tire Tread Separation?

Accepted Answer

Kumho Tire U.S.A., Inc. (Kumho) and Cooper Tire & Rubber Co. (Cooper Tire) have both recently issued recalls for defective tires. Kumho tires have been recalled recently for tire tread separation, and Cooper Tire recalled tires for a similar problem: tire belt separation. Both are tire defects that can lead to serious car accidents.

Kumho Tire Tread Separation Recall

According to the National Highway Traffic Safety Administration (NHTSA), Kumho issued a recall for tires due to tread separation on May 17, 2018. A total of 1,773 Kumho tires have been recalled.
This is specific to one tire, the Solus KH16: size P225/65R17 &mdash; specifically tires manufactured between the dates of March 26 and April 1, 2017. The Kumho tires produced between the listed dates may lead to tread separation when driving in severe conditions. Drivers may also lose control of their vehicles.

Cooper Tire Belt Recall

Cooper Tire recently issued a recall on over 41,000 tires. While this is not technically a recall for tire tread separation, it is for a similar problem: tire belt separation. Both are potentially dangerous and can lead to car accidents.
The recalled was issued on December 14, 2017. The tires contain an incorrect rubber compound. The tires were produced between February 5 and February 11, 2017.
The following tires are included in this recall:

Cooper Cobra Radial G/T tires: sizes P215/70R14, P225/70R14, and P225/70R15
Cornell 1000 tires: size P235/75R15
El Dorado Golden Fury GFT tires: size P205/75R15
Futura GLS Super Sport tires: size P225/70R14
Mastercraft Avenger G/T tires: size P225/70R14
Mastercraft MC-440 tires: sizes 185/60R15, 205/55R16, 215/60R16, and 225/60R17
Starfire RS-C 2.0 tires: sizes 215/60R16 and 205/55R16
Starfire SF-340: sizes P215/65R16, P185/60R15, P215/60R16, and P225/60R16
Cooper Trendsetter SE tires: sizes P205/75R15 and P235/75R15
Mastercraft A/S IV tires: sizes P205/75R15 and P235/75R15
Vanderbilt Turbo-Tech G/T tires: size P225/70R14

Check If You Have a Recalled Tire

Both Cooper and Kumho are expected to notify vehicle owners who might be included in the recall. The replacement costs are free and could prevent a severe car accident from occurring. You should not, however, wait and see if you are included in the recall.
It is important to check your tires to see if your tires are included in either of these recalls. If you are unsure how to check your tires, you can consult with the dealer where you initially purchased them. You can also check your tire purchase records. Your records should have detailed information about the brand and size of tires you purchased.

NHTSA Tire Recall Tool

You can also use NHTSA&rsquo;s tire recall search tool to check if your tires are included in the Cooper Tire or Kumho recalls (or for any other recalls on your tires). You can insert the brand name and size of your tire. In addition, you can search for defective car seats as well as search to see if there are any recalls on the Vehicle Identification Number (VIN) of your car.

What To Do If You Have A Recalled Tire

If you find that you have tires included in the recall, you should schedule a replacement as soon as possible. If possible, avoid driving the vehicle until you have the tires replaced. Driving with the recalled tires could be very dangerous. Both of these tire recall replacements should be free of charge.
You can call the Cooper Tire customer service for any additional questions at 1-800-854-6288. You can request more information about the Kumho tire recall by contacting Kumho customer service at 1-800-445-8646.
You can also contact NHTSA if you have additional questions about which tires have been recalled recently for tire tread separation, or the risks of tire tread separation. NHTSA can be reached at 888-327-4263.

What To Do If You Are In a Car Accident With a Recalled Tire

It is possible that you have already experienced the dangers of one of the tire recalls. If you were involved in a car accident with the included recalled tires equipped at the time of the accident, you may be eligible for compensation. It is important that we evaluate the specific details of your case.

Talk With a Defective Tire Lawyer To Discuss Your Legal Options

Establishing proof that the recalled tires were the cause of the accident can be difficult, and a legal team that is familiar with recalls can help. We can assist you in collecting the necessary documentation, collecting evidence, and fighting for compensation that you are eligible for. Call Chalik & Chalik Injury Lawyers today at 855-529-0269.

Question 48

What Are Your Legal Options When Your Baby Suffers Birth Injuries In Florida?

Accepted Answer

Your legal options when your baby suffers birth injuries in Florida may include filing a medical malpractice lawsuit for the injuries depending on the circumstances of your case.
You might be eligible for compensation if medical malpractice is to blame for your newborn&rsquo;s birthing injuries.

Examples of Medical Malpractice

There are many things that can lead to newborn injuries. Medical malpractice is just one of the causes. Actions that would fall within medical malpractice may include:

Improper training of hospital staff
Failure to monitor fetal vitals
Insufficient oxygen levels
Improper medication of the mother
Improper use of hospital equipment
Failure to follow delivery procedures

These actions often lead to severe birthing injuries including cerebral palsy, head injuries, hypoxia, and even wrongful death.

Determining If Your Child's Injuries Are From Medical Malpractice

It is not always easy to tell who is at fault when a newborn suffers injuries. There are risks with any medical procedure and problems do not always indicate medical malpractice.
If your newborn&rsquo;s injuries were caused by a preventable mistake, however, then you might be eligible for compensation. We will assist you in collecting the necessary documentation to determine who is at fault.

Rovering Damages in a Birthing Injury

Medical mistakes can leave your baby with permanent life-threatening medical conditions that are expensive. Florida allows the following costs to be covered under a medical malpractice claim:

Child&rsquo;s medical expenses
Hospital bills
Home adjustments to accommodate a lifelong medical condition
Pain and suffering
Lost wages
Childcare costs

Time Limits on Filing a Medical Malpractice Case

Seeking compensation may not be the first thing on your mind after your newborn baby suffers severe injuries. However, it is important to begin the lawsuit process as soon as possible. Under Florida law &sect;95.11(4)(b), medical malpractice lawsuits must begin within two years from "the time the incident is discovered."
Some situations can shorten the statute of limitations, while others can extend it. For example, if the hospital in question is government owned there may be a unique statute of limitations. If the parents were not aware that medical mistakes led to their child&rsquo;s health problems, they may have up to four years to file a medical malpractice lawsuit.
With varying time restrictions, it is important to discuss your case with a medical malpractice lawyer as soon as possible.

Exceptions to the Statute of Limitations

Tony&rsquo;s Law is the one exception to the four-year statute of limitations. This law applies to medical malpractice cases that occurred after July 1, 1996. It extends the statute up to the child&rsquo;s eighth birthday. However, if the parents should have known that the injuries were caused from birth, they are not eligible for Tony&rsquo;s Law.

The Elements of a Medical Malpractice Case
Florida's medical malpractice laws
 cover any errors during a medical procedure, including childbirth. In order to demonstrate medical malpractice, we must establish these important factors:

Duty of care: We must demonstrate that the health care provider had a legal duty of care. Medical practitioners have a standard duty of care to their patients.
Breach of Duty: We must demonstrate that this duty of care was not followed.
Causation: We must provide evidence that the negligent activity led to the babies&rsquo; personal injuries.
Actual Damages: Finally, we must demonstrate that there were actual damages sustained. These are the costs that we will seek compensation for.

Establish Negligence

It is our responsibility to demonstrate negligence against the defendant. We will assist you in collecting these supporting documents:

Parent statements
Medical records
Medical practitioner statements
Medical expert witness statements

Florida requires that medical malpractice cases involving a newborn have an affidavit. An affidavit is a sworn oath, or statement, from a medical professional. Because the medical industry is so complex and requires in-depth training, the judge will often call on expert statements from external medical professionals.

How a Medical Malpractice Lawyer Can Help

Medical mistakes can quickly ruin a moment that is supposed to be joyous. It is important that you have legal representation with your best interest in mind. We will fight for you and your child while you focus on the health of your newborn. If you want to know more about your legal options when your baby suffers birth injuries in Florida, schedule a consultation with Chalik & Chalik Injury Lawyers.
Call to speak with one of our birth injury lawyers at at 855-529-0269.

Question 49

What Is A Tread Separation Accident?

Accepted Answer

A tread separation accident occurs when the tread, or part of the tire that makes contact with the road, comes apart from the body of a tire and causes a car accident. Tread separation often leads to the inability to control your vehicle. Losing control of a vehicle especially on busy highway roads can be disastrous and can even lead to a deadly car accident. Additionally, warmer weather can cause a faulty tire to separate, leading to a dangerous situation for Florida drivers. Use the code below to embed and share the infographic on your own site or across the web.

What is a Tire Tread Seperation Accident? - Infographic by Chalik and Chalik Injury Lawyers

Fault in a Tread Separation Accident Tires should be designed to handle everyday wear and tear. It is not always easy to determine who is at fault for a tread separation accident. However, there are a few situations that can lead to tread separation: Manufacturing and design defects (a faulty chemical process, poor rubber adherence, or improper bonding process) Excessive wear and tear Improper repair of a flat tire Over-inflation After a tire tread separation occurs, there are a few different scenarios of who could be at fault for the accident: Driver fault: The driver may be at fault when they fail to replace worn or defective tires. The National Highway Traffic Safety Administration (NHTSA) recommends checking the tread on your tires every month along with the air pressure. Tire shop fault: A tire shop may be at fault when they sell old tires, sell tires that are currently recalled, or improperly store tires. Generally, each tire has a life of between six to 10 years regardless of wear on the tread. You can check the Tire Identification Number (TIN) on your tire. Manufacturer fault: The manufacturer may be deemed at fault for improperly designed tires or for failing to properly inspect the tires. If we can identify that the tread separation was caused by a manufacturing or design defect, a defective tire lawyer can help you seek compensation. Recoverable Expenses in a Tire Tread Separation Lawsuit Tire tread separations can lead to catastrophic car accidents. Damages you may recover in association with your accident include: Vehicle damages Current medical costs Future medical costs Pain and suffering Wrongful death Punitive damages How We Can Assist You With Your Tire Tread Separation Case Complimentary Consultation A complimentary consultation gives us the opportunity to evaluate the details of your case. Every case is different, and it is important that we get to know yours to determine if you might be eligible for compensation with a product liability case. The complimentary consultation also gives you the chance to discuss any questions or concerns with our legal team. Determine Fault It is important that we determine fault and identify any negligence in a potential tire tread separation case. In order to seek compensation, we must establish that someone else was at fault for the separation of the tire treads. Strict Liability The state of Florida holds manufacturers strictly liable for products that are considered dangerous. A tire that is at risk of tread separation can be considered dangerous if we can identify that faulty design or improper quality control was to blame. We must establish that the manufacturer was entirely liable for the accident. We may work to establish strict liability in the following ways: Expert witness statements Photographs of the accident Researching similar cases Inspection of the faulty tire Investigating the quality control or storage process These things will help us determine who was at fault and who is responsible for your damages. Report Your Tire Problems It is important that we report your defective tire to prevent additional accidents from occurring. This can also help us gather the necessary documentation to further support the case that the manufacturer is at fault. We will assist you in reporting the tire problems to the car manufacturer. We will also report the tire problems to the NHTSA. NHTSA’s website keeps track of tire recalls. In addition, it keeps records on all different types of vehicle recalls. This could help us identify additional drivers that suffered a tire tread accident with the same tires. A Product Liability Lawyer Can Help Florida law requires that you establish specific criteria to demonstrate that the manufacturer was at fault for the tread separation. We must also demonstrate that the tread separation led to the car accident. Working with a product liability lawyer can assist you in navigating the legal process and pursuing compensation while you focus on your recovery. Our legal team is ready to evaluate the details of your tread separation case. Call Chalik & Chalik Injury Lawyers to speak with a defective tire lawyer at 855-529-0269.

Question 50

How do I know if I have a medical malpractice case?

Accepted Answer

If you have suffered harm or injury because of poor medical treatment from a medical provider, or an error in diagnosis from your physician, then it is likely that you have a medical malpractice case. Usually, the standard that is used to determine if a doctor was negligent is whether a competent doctor would have rendered the same type of care under similar circumstances. You have a valid claim if the medical error committed by your doctor represents a breach of that standard of care, and thus, rises to the level of medical malpractice.
In order to prove medical malpractice, the victim must show that the doctor exhibited negligence with respect to diagnosis or treatment of your condition. You must have a doctor-patient relationship with the doctor who is being accused of medical practice. Common examples of medical malpractice are failure to diagnose, improper treatment and failure to warn a patient of known risks.

Question 51

How are truck accident cases different from those involving car accidents?

Accepted Answer

Truck drivers receive training and are certified operators of trucks who must drive their vehicles with due care in accordance with certain regulations and laws that apply to commercial truck drivers. Thus, truck drivers are held to a higher standard than standard motorists, and their cases are frequently worth much more than the usual accident claim because of the resources of the trucking companies.
Furthermore, truck drivers are required to comply with stringent federal and state guidelines concerning the amount of hours they drive, repair schedules, warning signals, the kind of freight that is transported and on what roads the freight is transported. Lack of compliance with such guidelines could be the cause of a collision.

Question 52

What is Erb’s Palsy?

Accepted Answer

Erb&rsquo;s palsy is a condition that is caused by an injury to the brachial plexus, which consists of the nerves around the shoulder. Erb&rsquo;s palsy is also referred to as brachial palsy, Erb-Duchenned paralysis or Klumpke paralysis. The condition differs from other kinds of palsy, and is marked by frailty or lack of movement in the arm. The disorder causes different degrees of impairment, which are described by some of the other names for the condition. When only the upper arm is affected, the condition is called a brachial plexus injury.

Read the video transcript for signs and symptoms of Erbs Palsey.
The ailment is labeled Erb&rsquo;s paralysis when it affects movement of the upper arm and rotation of the lower arm. If movement of the hand is affected, the condition is called Klumpke paralysis, in which the eyelid can hang down on the side opposite to that of the affected hand. If your child suffered a birth injury from medical negligence, contact Chalik & Chalik personal injury lawyers today.

Question 53

Can I file a birth injury lawsuit for Erb’s Palsy?

Accepted Answer

Erb&rsquo;s palsy can be the basis for a birth injury lawsuit.
Erb&rsquo;s palsy is one kind of brachial plexus palsy. It is a paralysis of the arm caused by an injury to the brachial plexus, a network of nerves in the neck that leads to nerves in the arm. Erb&rsquo;s palsy causes lack of motion and weakness in the arm, and it is most commonly caused by dystocia, which is an obstructed or otherwise difficult labor. For example, if a baby&rsquo;s head is pulled to the side while the shoulders exit the birth canal, Erb&rsquo;s palsy can result. It is often clear that an infant is suffering from this condition, due to the limited motion of the arm.
While not every case of Erb&rsquo;s palsy is caused by medical error, the condition can be the result of mistakes made by doctors or other medical personnel during the labor and delivery process. If the baby was injured due to improper procedures such as pulling too hard on the baby&rsquo;s face or neck during delivery or lifting the baby from the arms, then a birth injury lawsuit may be appropriate for the family to obtain compensation for the injury.
If your child suffered a birth injury that you think may have been caused by a medical mistake, please contact Chalik & Chalik Law Offices for a free consultation to learn more about your rights.
Other Frequently Asked Questions About Birth Injury:

Question 54

Can I file a birth injury lawsuit for cerebral palsy?

Accepted Answer

Cerebral palsy can be the basis for a birth injury lawsuit, if the injury was caused by a medical mistake.
Cerebral palsy is a group of movement disorders that is caused by abnormal development or damage to the brain. Symptoms vary widely, but often include weak or stiff muscles, poor coordination and tremors. Babies born with cerebral palsy may learn to sit, roll over, crawl and walk more slowly than other children.
Cerebral palsy develops due to a malformation or injury to the brain during the labor and delivery process. If that injury was caused by a mistake made by doctors or other medical personnel, then a birth injury lawsuit may be appropriate for the family to obtain compensation. Not every case of cerebral palsy is caused by medical malpractice, but for those that are, it is important that medical providers be held accountable and families receive the help they need with medical bills.
If your child suffered a birth injury that you believe may have been the result of medical malpractice, contact Chalik & Chalik Law Offices for a free consultation to learn more about your rights.
Other Frequently Asked Questions About Birth Injury:

Question 55

What Are The Most Common Types Of Birth Injuries?

Accepted Answer

First it is important to note that not all birth injuries are caused by medical malpractice, so not every injury is grounds for a lawsuit. However, there are several types of birth injuries that are often caused by mistakes on the part of doctors or other medical personnel. When that is the case, the families may be entitled to compensation.
Two common types of mistakes that can lead to birth injuries are improper prenatal care and errors made during labor and delivery. Prenatal mistakes can include failing to identify risk factors or prescription errors. Mistakes made during labor and delivery can include a doctor failing to order a necessary cesarean section, using forceps or a vacuum improperly, or failing to properly assess the health of the child in the womb.
These errors can lead to common birth injuries such as brachial plexus injuries, caput succedaneum, perinatal asphyxia, cerebral palsy, subconjunctival hemorrhage, facial paralysis and spinal cord injuries.
If your child suffered a birth injury that you think may be the fault of medical personnel, contact Chalik & Chalik Law Offices for a free consultation.
Other Birth Injury FAQs

Question 56

What You Should Know About Filing A Birth Injury Lawsuit?

Accepted Answer

If your child has suffered a birth injury due to the negligence of doctors or medical staff, you may be considering taking legal action to pursue fair compensation for medical expenses. Birth injuries can have a lasting impact on your child&rsquo;s life and will likely require constant medical care. There are a number of important factors to consider when filing a birth injury lawsuit.
The process of building a birth injury case can be a lengthy one. However, there is a time frame within which the lawsuit must be filed, known as the statute of limitations. You may no longer be able to sue the doctor or hospital that is responsible for the birth injury once the statute of limitations expires. Therefore, it is best to consult a Fort Lauderdale personal injury lawyer as soon as possible when a birth injury is suspected to determine whether you have a case and if so, when to file a claim.
In Florida, the statute of limitations indicates that the minimum amount of time a person has to file a medical malpractice claim is two years after the injury occurs, but no more than four years. For birth injury claims, the lawsuit must be filed within eight years of the birth injury. If the plaintiff was not aware of the birth injury right away, then the statute of limitations begins when they find out that the condition was caused by negligence. An experienced birth injury lawyer can help you understand your legal options and navigate the complexities of filing a birth injury lawsuit.
There are several steps one should take both before and during consultation with a lawyer about filing a birth injury lawsuit. Bear in mind that your actions and words can significantly impact your case. Once your child has been diagnosed with a birth injury that may be the result of medical error, be careful when interacting with hospital or insurance representatives. Anything you say to them can influence your lawsuit. Consult your lawyer first rather than settling for the first amount that you are offered as it will likely not cover all of your child&rsquo;s medical costs.
Make sure your child gets the appropriate medical attention for his or her birth injury. It is important to keep track of all related medical expenses. You should also speak to doctors about your child&rsquo;s immediate medical needs as well as any long-term treatment that may be required. Get as much information as you can about what occurred during your child&rsquo;s birth, such as the names of all the medical staff you dealt with and recollections of the delivery process. The more details you have, the more it will benefit your lawsuit.
It is also essential to keep all documents related to your child&rsquo;s injury, including bills, a written diagnosis from your doctor and email or other forms of correspondence with the hospital. Losing a document could have the potential to derail your birth injury lawsuit.
Once you choose a lawyer and it is determined that you have a case, the birth injury lawsuit process will begin. Your lawyer will gather relevant documents, medical records, witness statements and more. Building a case will involve careful review of the birth injury and the total cost of medical treatment in order to determine how much compensation is necessary to cover all of the child&rsquo;s medical care.
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Question 57

If My Child Suffered A Birth Injury, How Do I Know If A Medical Mistake Was Made?

Accepted Answer

A birth injury can be devastating for the parents and have lifelong effects for the child. Many birth injuries lead to disabilities that require extensive care. In some cases, parents may wonder if a medical mistake was the cause of their child’s birth injury, but they are unsure how to proceed. Not every medical condition suffered by a newborn is caused by medical malpractice. However, in many cases health care providers are not forthcoming about medical errors that could have resulted in injury.
At Chalik & Chalik Law Offices, we have extensive experience with birth injury cases. Our attorneys recognize the types of birth injuries that are commonly caused by medical mistakes. If you are having trouble getting answers from your doctor or hospital, we can use the legal process to compel your health care provider to produce important evidence in your case.
If your child suffered a birth injury that you believe may be the result of medical malpractice, you may be entitled to compensation. Take advantage of our free consultation to learn more about your rights. We can advise you as to whether a lawsuit is appropriate in your circumstances and what to expect. Our attorneys understand the emotional and financial toll that a birth injury places on a family, and we are dedicated to helping you obtain the compensation you need to provide your child with needed medical care.
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Question 58

What Are Some Common Types Of Truck Accidents In Florida?

Accepted Answer

Multiple Truck Accidents Happen Everyday

There are semi trucks everywhere on the roads in Fort Lauderdale. Because of their large size and blind spots, it is not uncommon for trucks to be involved in traffic accidents in Fort Lauderdale. While circumstances surrounding each truck accident are unique, below is a list of the common types including:

Rollover crash &ndash; When a trucker swerves left and then right again to avoid something, it can cause the truck to overturn and crash.
Jack knife accident &ndash; When a truck driver slams on the brakes going downhill, the trailer may swing out and cause the truck to fold, turn, or spin out of control. As a result, the truck may jackknife and collide with other cars.
Underride accident &ndash; This is an accident in which a driver of a passenger vehicle following the truck slides under the rear of the truck.
Override accident &ndash; This accident occurs when a truck driver literally rolls over a pedestrian, motorcyclist, or smaller vehicle.
Pileup accident &ndash; This multi-car crash can occur from a chain reaction. If a truck is traveling too fast and cannot stop in time, then, upon impact, the truck can push a car into other vehicles and cause a pileup.
Brake failure accident &ndash; When a tractor trailer is traveling downhill, and the brakes malfunction, an accident is most likely to occur.
Head-on collision &ndash; When a trucker veers into oncoming traffic, head-on accidents in South Florida can occur. Typically, this happens due to distracted driving or driver fatigue.
Rear-end accident &ndash; If a truck is speeding and cannot stop in time for the stopped car, a rear-end crash could occur.
Lost load accident &ndash; If a truck&rsquo;s load is not properly secured, then items can fall off the truck and cause others to wreck.
Unsecured load accident &ndash; If a truck&rsquo;s load is not secured, then the items inside the trailer may shift around and cause a truck to overturn.

Many truck accidents are caused by negligence of others.  Some of the most common causes of truck accidents are fatigue, driving under the influence and many others.  If you have been in a Fort Lauderdale truck accident, or a loved one was killed, call an experienced lawyer to determine who was at fault.  If your accident was caused by negligence on the part of the trucker, poor vehicle maintenance, or defective equipment, you may be entitled to financial compensation.

Question 59

Who is Responsible for Fort Lauderdale Slip and Fall Injuries?

Accepted Answer

There are two main types of slip and fall accidents:
Elevated falls - These occur when a person falls from one level down onto another.
They can be as simple as tripping off a sidewalk into the road, or as complex as falling off scaffolding on a construction site.
Same-level falls - These occur when a person slips and falls onto ground at the same level they were standing on before.
For example, in a wet supermarket aisle, or as the result of a tripping hazard in a department store.
Determining Fault
In every fall there is always a root cause that contributed to the fall, it is up to the injured party to prove who or what was the cause. Documentation is key in providing evidence of the neglect or carelessness of the property owner.  Witnesses are also a good resource for providing evidence in a premises liability case.  Make sure you obtain all the right documentation of your accident to provide to the courts later.
Who is Responsible
Most premises liability cases are against one or the other types of parties:

Business owners - Business owners, whether they are a gas station or apartment building complex, have a responsibility to anyone who comes on their property. Some of the most common businesses who face these risks are grocery stores, restaurants, and even amusement parks.  All business owners must keep their places of business free of hazards, and mark anything that could be dangerous. If they are negligent in living up to this responsibility, they can be held liable for injuries that can result.

Homeowners - It’s not only business owners who can be held liable for slip and fall accidents. Homeowners, if they fail to build features such as walkways and stairwells to code, can also be held responsible for any injuries that occur from slipping or tripping on their property.  Many homeowners with pools or playground equipment in their yards are liable for children playing in or around them.  There are many precautions that a homeowner must take to keep their property safe.

If you or someone you care about has been injured after slipping or tripping and falling on someone else’s property, contact the Fort Lauderdale slip and fall attorneys at Chalik & Chalik today. Schedule a free consultation by calling toll free (855) 529-0269.

Question 60

What kinds of defects prompt a tire recall?

Accepted Answer

Among the kinds of defects that can cause tires to be recalled are sidewall blisters, tread cracks and problems concerning tire pressure monitoring systems (TPMS). Sidewall blisters were the reason for the recall of the brand of tire known as Bluestar LQ size 8-14.5 for low platform trailers. The tires were made by China Manufacturers Alliance L.L.C. (CMA).
The tire can develop a blister on the upper part of the sidewall, and the blister can burst while the driver is operating the vehicle. The resulting loss of air pressure can cause the driver to lose control of the vehicle, and thereby increase the likelihood of a collision.
Tire manufacturer Goodyear was prompted to recall its SUV tires following the discovery of small cracks in the tread when its tires underwent endurance testing. The tire recall caused General Motors to cease sales of some of its SUVs. And TPMS issues were the reason for the recall of 2015 model-year Dodge Dart Aero models. The TPMS did not activate when tire pressure fell below the telltale level. The manufacturer, FCA US L.L.C., stated that it would remedy the problem by reconfiguring each recalled Dart with a “highline” TPMS, or one that provides monitoring of each tire’s pressure.
More Defective Tire & Auto Parts FAQs

Question 61

Is it possible to have a recalled tire repaired or replaced?

Accepted Answer

Yes, the law mandates that tire manufacturers repair or replace tires that the consumer bought within five years of the time at which it was determined that the tires were defective. The consumer will not be charged for the repair or replacement. However, in order to have one’s recalled tire repaired or replaced, consumers are required to take the tire to the dealer within 60 days of being notified of the recall by the manufacturer.
If replacements are unavailable, then one must acquire from the dealer a written acknowledgment. One must retain the acknowledgment letter until such time as when informed by the dealer that there are tires available.
More Defective Tire & Auto Parts FAQs

Question 62

How can I ensure that I will be notified of a tire recall?

Accepted Answer

In order to ensure that one is notified of a recall, it is recommended that consumers register with the manufacturer at the time at which they purchase tires. Thus, in the event of a recall, the manufacturer will be in possession of the consumer&rsquo;s contact information. Alternatively, one can subscribe to the email alert service associated with the National Highway Traffic Safety Administration (NHTSA). In this way, one will be informed right away regarding any tire recall. Those interested can also follow the NHTSA on Twitter or Facebook.
Consider the scenario where the consumer does not register his or her tires, and is not notified of a recall, but thinks that he or she is driving with a recalled tire. In that case, they can read the tires&rsquo; identification number (TIN) that is on the tires&rsquo; sidewall in order to confirm whether the tires are being recalled. They may also have to read the tires&rsquo; size, which is also located on the tires&rsquo; sidewall. If the consumer is unable to locate this information, it is best to take the vehicle to a dealership specializing in tires, and ask the dealer to read the tires.
Another way for a consumer to make certain that he or she is notified of a tire recall is to set up a Google Alert. Enter the tires&rsquo; brand, make and size and &ldquo;+recall&rdquo; as a search term. They can set the alert for how often they would like to be notified of any recalls.
For more information on defective tires and tire recalls, call our Fort Lauderdale car accident injury lawyers today.
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Question 63

What Are Pool Supervision Requirements In Florida?

Accepted Answer

What Type of Supervision Are Business and Pool Owners Required to Provide?

When people own a business or property that can have an impact on the health of others, they have a responsibility to provide as safe an environment as possible. Part of this obligation is to provide proper and skilled supervision where it is required.
When business or property owners fail to live up to this responsibility, whether out of lack of funds or simple oversights, it is usually other people that pay the extreme costs. This is the case if someone slips and falls in a nursing home because there is no nurse nearby, or someone drowns in a pool because there is no lifeguard present.
Some of the injuries that can happen in Fort Lauderdale slip and fall accidents caused by a lack of supervision include:

Drowning
Broken hip
Dislocated shoulder
Back injuries
Head injuries
Death

If the slip and fall injury affecting you or your family was caused by a lack of supervision, the other party may be held liable in a court of law. If they are, then you can receive financial compensation for your costs including medical bills, ongoing care, permanent losses, lost wages and much, much more.
We hear heart-breaking stories everyday of older loved ones being injured in deserted nursing home hallways or children drowning in a pool less than 50 feet from the nearest lifeguard chair. If a catastrophic event has struck your family, don't stand idly by. Take action now.

Question 64

What is a birth injury?

Accepted Answer

Birth injury is defined as damage to a newborn's body function or structure that occurs due to an adverse event during labor. In the vast majority of births, the baby experiences no significant injury during labor; however, harm can and does occur in a small number of cases. In many cases, these injuries have lifelong effects for the child.
Unfortunately, a significant proportion of birth injuries occur because of wrongdoing or negligence on the part of the doctor.
The most common birth injuries include:

Brachial plexus injury (Erb's palsy) – A nerve injury that can impair use of the arm, often caused by shoulder dystocia
Birth asphyxia – Lack of oxygen to the baby's brain and body, which may have long-lasting effects on cognition
Cerebral palsy – A condition that typically manifests as impaired muscle coordination, often caused by brain damage during birth
Cephalohematoma – A hemorrhage on the baby's head
Persistent pulmonary hypertension of the newborn (PPHN) – A condition in which the baby's circulation does not make necessary changes after birth, leading to high pulmonary blood pressure and other abnormalities
Death – The most severe and tragic outcome, the loss of a newborn's life does occur in a small number of birth injury cases

More Birth Injury FAQs