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    If you’ve suffered an injury in Orlando, Florida, due to someone else’s negligence, you deserve the expertise and support of an experienced Orlando personal injury lawyer. At Berke Law Firm, P.A., we specialize in handling personal injury cases and are fully dedicated to fighting for your rights. Our team is committed to navigating the complexities of the legal system on your behalf and ensuring that you receive the compensation you rightfully deserve. With our extensive knowledge and 35+ year experience, we will vigorously advocate for you and work tirelessly to achieve the best possible outcome for your case. Trust our Florida personal injury Lawyer, to provide the skilled representation you need during this challenging time.

    How Common Are Accidents In Orlando, FL?

    Accidents are unfortunately quite common in Orlando, FL. According to the Florida Department of Highway Safety and Motor Vehicles, there are thousands of accidents reported each year, ranging from minor fender benders to fatal crashes. These accidents often result in serious injuries, requiring victims to seek the help of a personal injury lawyer Orlando FL.

    Statute of Limitations in Florida

    In Florida, the statute of limitations for personal injury cases is typically four years from the accident date. However, there are exceptions to this rule. For instance, if the injury is not discovered right away, the clock may start at the date of discovery. It’s important to consult an Orlando personal injury attorney to understand how the statute of limitations applies to your case.

    How to Obtain the Best Results from a Personal Injury Case in Orlando

    Personal injuries can be broadly defined as an injury to the body, mind, or emotions caused by another person’s actions or inaction. Personal injury law includes claims for compensation for medical costs, lost earnings, and pain and suffering damages. 

    Damages in a personal injury case result from the actions of someone other than the victim. Unfortunately, many people who suffer severe injuries may not have a viable personal injury case. To succeed on a personal injury claim, the injured party must prove several important elements. These elements form the basis for a strong claim.

    To obtain the best results from a personal injury case in Orlando, hiring a competent personal injury lawyer in Orlando is crucial. An attorney could be helpful if you need advice relating to personal injuries you might have sustained from another party. Many people do not want to take legal action. Still, suppose you lost your friend or loved one in a car accident or industrial injury. In that case, an attorney might be necessary for you to seek compensation for the damages you incurred.

    If you have been injured or if you have been a victim of a crime, getting legal help is one of the best things that you can do. It is also the first step to getting what you deserve, which is recovery from your trauma and of the compensation you deserve. You can contact the Berke Law Firm to schedule a free consultation with one of our Orlando personal injury lawyers so they can explain the options available to you in your case.

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    Types of Personal Injury Cases We Handle at Orlando, FL

    At Berke Law Firm, P.A., we handle various personal injury cases. Here are some of the most common types:

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    Car Accident

    Car accidents are, unfortunately, a common occurrence in Orlando, FL. These accidents range from minor fender benders to severe collisions resulting in serious injuries or even fatalities. The aftermath of a car accident can be devastating, leading to physical pain, emotional distress, and significant financial burdens. According to the Florida Highway Safety and Motor Vehicles (FHSMV), there were over 200,000 car accidents in Orlando, FL, in 2021.

    Motorcycle Accident

    Motorcycle accidents often result in severe injuries due to the lack of protection that a motorcycle provides. Unlike car drivers, motorcyclists are exposed to the elements and do not benefit from safety features like seat belts and airbags. As a result, motorcyclists are more likely to suffer serious injuries in the event of a collision. Over 4000 motorcycle crashes occur in Orlando within seven months in 2023.

    Truck Accident

    Truck accidents can be particularly devastating due to the size and weight of commercial trucks. When a truck collides with a smaller vehicle, the results can be catastrophic. In addition to physical injuries, victims of truck accidents may also suffer from emotional trauma and financial hardship. Navigating the aftermath of a truck accident can be complex, as multiple parties may be liable for your injuries. A recent study showed over 1,000 truck accidents in Orlando, FL.

    Slip And Fall Injury

    Slip and fall accidents can occur anywhere, from grocery stores and restaurants to private homes and public sidewalks. These accidents often result in serious injuries, including fractures, sprains, and traumatic brain injuries. If you’ve slipped and fallen due to someone else’s negligence, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and more. In 2021, there were over 10,000 slip-and-fall accidents reported in Orlando.

    Dog Bite

    Dog bites can lead to serious physical injuries, including puncture wounds, lacerations, and in severe cases, broken bones. In addition to physical injuries, victims of dog bites often suffer from emotional trauma, including fear and anxiety. Florida law holds dog owners responsible for any injuries their dogs cause, regardless of whether the dog has shown any previous signs of aggression. Over 5,000 dog bite cases were reported in Orlando in 2021.

    Medical Malnutrition

    Medical malnutrition is a serious issue that can lead to many health problems. This condition often occurs when a patient in a hospital or nursing home does not receive the proper nutrients they need to maintain their health. This can be due to medical staff or the institution’s negligence. According to a study by the Agency for Healthcare Research and Quality (AHRQ), over 100,000 cases of medical malnutrition were reported in Florida in 2020. This number includes both adults and children.

    Brain Injury

    Brain injuries can have life-altering consequences. These injuries can occur due to various types of accidents, including car accidents, falls, and sports injuries. Brain injuries can lead to a range of symptoms, from headaches and dizziness to cognitive difficulties and changes in personality. These symptoms can significantly impact a person’s ability to work, maintain relationships, and enjoy life. There were over 500 brain injury cases filed in Orlando in recent years.

    Workers Compensation

    If you’ve been injured on the job, you may be entitled to workers’ compensation benefits. These benefits can cover your medical bills, a portion of your lost wages, and any disability benefits you may need. However, navigating the workers’ compensation system can be complex and confusing. Employers and insurance companies often try to deny or minimize claims, leaving injured workers struggling to get the benefits they deserve. Recently, there were over 10,000 workers’ compensation claims filed in Orlando.

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    How to Strategically Negotiate Your Personal Injury Settlement

    Many personal injury victims find themselves seeking a personal injury settlement to help pay their medical bills and other expenses not covered by insurance. Unfortunately, many personal injury settlements involve unpleasant negotiation tactics from the insurance company and the opposing party. 

    To resolve the matter as quickly as possible and avoid unnecessary stress, it is important for those who have been injured to strategize regarding the outcome of their negotiations.

    Many of the most common personal injuries occur as a result of automobile accidents. Auto accident injuries are frequently the result of another person’s actions. A driver may have been driving while under the influence of alcohol or operating their vehicle recklessly, such as by speeding or ignoring traffic signals.

    Personal injury lawyers in Orlando can help you with a variety of accident-related issues. They can help you seek compensation for injuries, aid in the filing of a workers comp claim if your claim stems from an employment-related accident, and recommend treatment options that are tailored to your personal injury needs.

    A sound personal injury case will include several important aspects. These elements demonstrate more than merely an injury or loss. These elements can help to prove the liability of the other party. If you believe you have been injured as the result of another party’s actions, you should file a claim.

    The most prevalent type of personal injury claim involves negligence. The term negligence is a legal concept that refers to behaviors that fail to follow certain levels of reasonable conduct. People who act irresponsibly, or fail to act, may be found negligent.

    Understanding Negligence Is Very Important

    Negligence is specifically defined as “conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm.”

    In general, the legal concept of negligence consists of three parts. For a party to be found negligent in a personal injury case, the claimant must demonstrate all three of these elements. In order to demonstrate legal negligence, a claimant must ultimately establish causation. However, a claimant must first show that there was a pre-existing duty of reasonable care.

    The first element of duty in a negligence personal injury claim is the “duty reasonable of care.”

    • Duty of Reasonable Care 

    In personal injury cases, there is a defendant and a claimant. The claimant is the party arguing that a personal injury occurred. The claimant will attempt to show that the defendant is liable for the injury they incurred, or that the injury never occurred. In demonstrating negligence, the injured claimant must first show a duty of care.

    A duty of care supposes that the defendant has an obligation. The defendant is obligated to take proper and reasonable care to prevent all cases of injury to the claimant. There are many statutes and laws that support a duty of care.

    In fact, many professionals have a duty of care. Physicians are obligated to act reasonably to protect their patients. Construction workers have a duty of care to be safe and take precautions. Many jobs and roles have duties that must be followed.

    Overall, professionals who do not maintain certain standards may be found negligent. However, proving negligence requires additional steps. Once a claimant successfully demonstrates that the defendant has a duty of care, the claimant must demonstrate that there was a breach of that duty.

    This is not always easy. Not all parties are required to reach a certain standard. Moreover, some injured claimants may be responsible for their own injuries.

    • Proving a Breach of Duty

    In personal injury cases, the claimant must prove that the defendant is at fault. In order to demonstrate negligence, the personal injury victim should show how the breach occurred. A court will ask certain questions to determine whether the duty of care was breached.

    Generally, the defendant must be able to foresee the risk of harm in a given case. If that risk was not reasonably prevented, the defendant may be found in breach of duty. Sometimes, there are other options a defendant can take to avoid potential harm.

    If a defendant fails to take actions to avoid that harm, they may have breached their duty. If these alternative actions are determined to be reasonable in reducing the risk of harm, the court may find the defendant to have committed a breach. However, not all alternative actions are considered to be effective or reasonable.

    In a personal injury case, the claimant must also show that the defendant’s actions form a connection with the injury. This connection must be causal. In other words, the defendant’s conduct directly led to the harm sustained by the injured party.

    In order to show this causal link, a personal injury claimant must demonstrate actual and proximate causation.

    • Establishing Causation

    Most injured claimants believe that causation is easy to show. Unfortunately, this is not always the case. Many personal injury cases involve a number of factors, and there may be a number of parties that could have been at fault. The claimant must show a clear chain of causation. This chain begins with the initial person or event and ends with the damages awarded.

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    The Most Important Things That an Orlando Injury Lawyer Needs You to Know

    An Orlando personal injury lawyer represents individuals who have suffered personal injuries due to the negligence or bad acts of another person, such as theft of money or causing a motor vehicle accident. 

    It is important to choose an attorney who has many years of experience and a very good track record, because these professionals understand how insurance companies work and will work hard to help you get the maximum compensation.

    Suffering a personal injury can be devastating, both emotionally and financially. You may have to miss days of work and receive little to no income during that period. Medical bills may pile up with no end in sight, all while you are unable to do what you love for a living or perform basic activities without pain.

    It is very important to choose an Orlando injury attorney who has many years of experience and a very good track record. These professionals understand how insurance companies work, making them the best choice for you if you are seeking maximum compensation.

    • A good lawyer can help you get maximum compensation when you have suffered a personal injury.
    • Your lawyer can handle all paperwork and questions about the process.
    • Insurance companies do not want to pay you money for your personal injury claim.
    • Your lawyer can advise you on how to avoid future injuries.
    • Your lawyer can fight for you every step of the way.
    • Your lawyer can make sure you are properly covered during the process.
    • Insurance companies may try to make you agree to a low settlement amount early in the process, which you should avoid in most cases.

    The experienced Orlando personal injury lawyers at Berke Law Firm can work for you and fight for your rights during your personal injury claim. They understand how insurance companies operate and know that insurance professionals likely will not give you what you deserve without a fight.

    How Much Is Your Personal Injury Case Worth?

    The value of your personal injury case in Orlando, FL, hinges on several factors, primarily the nature and severity of the damages you’ve suffered. Typically, damages in a personal injury case fall into three categories: Economic, Non-Economic, and Punitive Damages.

    Economic Damages

    Economic damages cover the tangible costs tied to your injury. These costs encompass medical bills, rehabilitation expenses, lost wages, and any other out-of-pocket expenses you’ve incurred because of the accident. The severity of your injuries often determines the extent of these costs.

    Non-Economic Damages

    Non-economic damages account for the intangible costs associated with your injury. These costs include pain and suffering, emotional distress, loss of life enjoyment, and loss of companionship. While it’s harder to put a number on these damages, they can significantly boost the value of your claim.

    Punitive Damages

    Courts don’t award punitive damages in every case. Their purpose is to punish the defendant for egregious or reckless behavior and discourage others from similar conduct. If your case includes punitive damages, they can substantially increase the value of your claim.

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    When you are hurt in an accident, there are many different factors that may contribute to the damages to which you are entitled. You deserve to know how much insurance will cover, whether your case may go before a jury, and how much you could receive in a reasonable settlement.

    You deserve the reputable Orlando personal injury law firm in your area. At Berke Law Firm, P.A., our experienced team of professionals can look after claimants’ needs. The tort law is complicated and covers numerous situations, circumstances, and settings. Without the assistance of sound legal counsel, many personal injury claimants will never receive the compensation they deserve.

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    FAQs About Orlando Personal Injury Claims

    What Is the New Personal Injury Law in Florida?

    The new personal injury law in Florida, known as House Bill (HB) 837, was signed into law by Governor Ron DeSantis in March 2023. This law significantly changes the statute of limitations for personal injury cases in Florida. Now, any personal injury claims must be filed within two years from the date of the incident. A claim will be permanently barred if it is not filed within this timeframe.

    What Is the Statute of Limitations on a Personal Injury Claim in Florida?

    The statute of limitations on a personal injury claim in Florida is four years from the accident date. However, there are exceptions to this rule, so it’s important to consult with an attorney as soon as possible after your accident.

    Can You Sue for Pain and Suffering in Orlando, FL?

    Yes, you can sue for pain and suffering in Orlando, FL. These damages are considered “non-economic damages” and can be awarded in addition to economic damages for medical bills and lost wages.

    What Percentage of Personal Injury Cases Go to Trial in Orlando, FL?

    According to the Florida Bar, only about 3% of personal injury cases in Orlando go to trial. This means that most personal injury cases are settled out of court.

    How Much Does a Personal Injury Attorney Orlando Cost?

    The cost of a personal injury attorney in Orlando, FL, will vary depending on the complexity of your case and the lawyer’s experience. Personal injury attorneys in Orlando charge between 33% and 40% of the settlement or verdict you receive. At Berke Law Firm, we work on a contingency fee basis, meaning you don’t pay unless we win your case. During your free consultation, we will explain our fee structure so you understand exactly what to expect.

    What Is the Difference Between Bodily Injury and PIP in Florida?

    In Florida, Bodily Injury (BI) and Personal Injury Protection (PIP) are two types of insurance that can assist you in obtaining compensation if you get injured in an accident. However, they differ in several key ways.

    Bodily Injury insurance, a liability insurance, covers the medical expenses and other damages of the other driver if you’re at fault in an accident. While Florida doesn’t require BI insurance, many drivers opt for it as an extra layer of protection.

    On the other hand, Personal Injury Protection (PIP) covers your medical expenses, lost wages, and other costs related to an accident, regardless of who’s at fault. Florida mandates PIP for all drivers with liability insurance.

    Can PIP Be Rejected in Florida?

    In Florida, it’s possible to reject PIP for several reasons, including:

    • Not meeting the eligibility requirements for PIP.
    • Failing to file a PIP claim on time.
    • Not sustaining injuries from an accident covered by PIP.
    • Being more than 50% at fault for the accident.
    • Receiving benefits from another source, like health insurance, that covers your medical expenses.

    Your Attorney

    Bill B. Berke

    Mr. Berke is an experienced attorney based in Southwest Florida. He received his Bachelor of Science in Business Degree from Indiana University in 1982 and his Juris Doctor Degree from the University of Florida in 1985. Since 1986, he has been running his own law firm, Berke Law Firm, P.A., exclusively representing injured individuals. He is admitted to practice in various courts, including the Supreme Court of the United States. Mr. Berke specializes in workers' compensation, social security disability, defective drug/device litigation, employment law, and overtime claims. He is actively involved in professional associations and community organizations, advocating for the rights of employees and claimants.