Florida law allows you to pursue damages if you suffer harm because of another person’s negligent actions. At Chalik & Chalik Injury Lawyers, we can help you build your case and file an insurance claim or a personal injury lawsuit. We have helped many Orlando residents in a wide variety of personal injury cases.
Call us today to schedule your free case evaluation in Orlando.
Recovering Damages in an Orlando Personal Injury Case
Depending on the details of your case, and your specific expenses and losses, you may be able to recover:
Medical Care Costs
Your injury-related losses could include:
- Ambulance transportation
- Follow-up care
- Accessibility and mobility equipment
- Ongoing care costs
Other Economic Losses
Your injuries could have caused other financial damages:
- Lost wages
- Diminished earning capacity
- Loss of services
- Property damages
- Out-of-pocket expenses
Pain and Suffering Damages
Not every accident loss is economic. Some are difficult to attribute a value to, like:
- Physical pain
- Emotional suffering
- Mental anguish
- Other psychological damages
Florida Statutes §768.72 states that punitive damages are not available in every case, but the judge in your case may award them if we can show the at-fault party acted in an intentional or particularly heinous way. These types of damages are in addition to compensation for your expenses and losses. Their purpose is to punish the at-fault party for their negligence.
How Can a Lawyer Help Your Case?
A personal injury lawyer in Orlando, FL, from our firm will provide one-on-one legal counseling. Our team will work with you to pursue the compensation you deserve from your accident.
Every Orlando personal injury case is unique, and we handle each one individually. This means we cannot give you an idea of how much a winning settlement or verdict may be worth in your case, but we can explain the types of damages you may collect.
The things we can do for you include:
- Analyzing your case to determine possibly recoverable damages
- Negotiating with the insurer to secure a settlement for you
- Communicating with the other party’s legal team
- Investigating your case to determine fault and liability
- Standing with you in court, if we need to
- Filling out paperwork
- Helping you stay within relevant statutes of limitations
- Recruiting accident reconstructionists and medical expert witnesses
- Interviewing eyewitnesses
How Do You Prove Negligence and Liability in an Orlando Personal Injury Case?
If someone else’s negligent actions caused your accident and injuries, you may be able to hold them accountable. We handle a wide range of personal injury cases, including:
- Slips, trips, and other falls
- Other premises liability accidents
- Pool accidents
- Boating accidents
- Car accidents
- Motorcycle accidents
- Medical malpractice
- Injury at work
- New or worsening conditions due to defective drugs
- Neglect of your loved one in a nursing home
- Defective medical devices
The Four Elements of Negligence You Need to Prove to Have the Best Chance at Receiving a Fair Settlement Award
To win any personal injury accident, we need to collect evidence to show the other party acted in an unreasonable, careless, or reckless way. There are four specific elements we need to meet to prove negligence.
- A person or organization has an obligation to act in a certain way, such as following certain laws or rules.
- The person failed to uphold this obligation.
- This failure caused the accident and your injuries.
- You suffered physical injuries as well as financial damages.
An example would be that a driver has an obligation to signal before they switch lanes while driving. If a driver fails to use their signal, they have failed this obligation. If the action of not using their signal to switch lanes results in an accident, this is causation. If another driver suffers medical bills because of the at-fault driver’s failure to use a turn signal, these are financial damages.
We Can Conduct an Investigation to Help You Prove Negligence
Proving negligence is the first step in holding the at-fault party liable. We will conduct a full investigation to get to the bottom of what happened and build a strong case. This will help with our efforts to try to reach an insurance settlement or win a verdict in your case.
How Much does It Cost to Hire a Lawyer?
Many accident victims are afraid to retain legal representation because they think they cannot afford it. However, when you agree to work with us, we will not ask you to pay upfront. Our team operates on contingency, meaning that our attorney fee comes out of your settlement.
We will agree on the percentage we will take before we begin working on your case. This way you do not have to worry about finding out how to pay us upfront. You do not have to pay us by the hour, either.
Recovering Compensation Via an Orlando Insurance Claim
In many cases, we can win a settlement for our clients by filing an insurance claim and negotiating a fair settlement agreement. Depending on the type of accident you had and where your injuries occurred, we may file an insurance claim based on the negligent party’s:
- Business liability policy
- Homeowners insurance policy
- Auto liability coverage
- Other policy, such as an umbrella policy covering a boat
We will approach the insurance company with a demand letter outlining our case against their policyholder and demanding compensation. Often, they respond with a counter-offer, and we can work to negotiate a fair settlement agreement.
When we can win an insurance payout, it gives us the most control possible over the amount our client recovers and gets cash to them quicker than a lawsuit could. We offer guidance when it comes to accepting settlement offers, but ultimately the choice is up to you to decide if the agreement meets your needs.
The Statute of Limitations in Your Case
Florida Statutes §95.11 gives us two years from the date of your injuries to file a lawsuit against the negligent party. If we do not take action during this period, they will likely bar you from ever filing a lawsuit over the accident.
Sometimes the best option is to file a personal injury lawsuit against the at-fault party and ask a judge to award our client the compensation they deserve based on the facts of their case.
This may be true if:
- The negligent party does not have insurance.
- The insurance company denies our claim.
- The insurance company refuses a fair settlement agreement.
- There are other circumstances unique to your case.
What Happens If You Need to Litigate the Matter?
If we litigate your case, you will work closely with one of our firm partners. You will have regular access to your attorney, including honest and transparent communication about your case. When you work with a personal injury lawyer in Orlando, FL, from our firm, they will take the time to address all your questions and concerns and ensure you know what to expect throughout the process.
Talk to a Personal Injury Attorney for Free Today
At Chalik & Chalik Injury Lawyers, we treat every client with respect. We offer complimentary case evaluations and will meet with you to discuss the unique details of your case. We can explain your options for trying to recover compensation and hold the at-fault party responsible for their negligent actions.
Call us today for your free case review in Orlando.
Call or text Chalik & Chalik (407) 420-9838