FAQs

If you’ve been injured in an accident in Florida, you likely have questions about your rights, your options, and what comes next. At Louis Berk Law, our Orlando personal injury attorneys are here to guide you—starting with clear answers to the most common questions we hear from injury victims across the state.

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Can I file a claim if I was jaywalking?

Yes, you can still file a claim. Jaywalking doesn’t automatically make you at fault. Drivers still must avoid hitting pedestrians when reasonably possible. We’ve won cases for clients who were outside crosswalks, especially when the driver was speeding, distracted, or failed to yield.

Should I accept the first settlement offer from the insurance company?

Usually, no. Initial settlement offers are often low and designed to close your case quickly. Before accepting any offer, speak to a pedestrian accident attorney who can assess whether it covers your full losses, including future medical costs and long-term impacts. Once you accept, you can’t ask for more later.

What happens if the driver says the accident was my fault?

It’s a common defense tactic, but it doesn’t mean they’re right. We investigate the scene, gather evidence, interview witnesses, and consult experts to show the driver’s role in causing the crash. Even if you were outside a crosswalk or partially distracted, that doesn’t automatically mean you caused the accident.

How long will my pedestrian accident case take?

It depends. Simple cases may resolve in a few months. Complex cases involving serious injuries or disputed liability can take a year or more, especially if they go to trial. We push to settle efficiently, but never at the expense of getting full value for your claim. We’ll keep you informed every step of the way.

How much does it cost to hire a pedestrian accident lawyer?

Nothing up front. Here at Louis Berk Law we work on a contingency fee basis, which means you pay nothing unless we win. No hourly fees. No retainers. We also advance case costs, which are reimbursed only if we recover money for you. Our initial consultation is always free.

How much is my pedestrian accident case worth?

There’s no set amount. Case value depends on: 1. Medical bills and future treatment. 2. Lost wages and loss of earning capacity. 3. Pain, suffering, and emotional trauma. 4. Long-term disability or loss of enjoyment of life. We build each case with medical records, expert evaluations, and financial analysis to demand the maximum compensation available.

Can I still recover compensation if I was partially at fault?

Yes. Under Florida’s modified comparative negligence law, you can recover compensation as long as you were 50% or less at fault. Your award is reduced by your share of blame. If you’re found more than 50% responsible, you can’t recover damages.

How long do I have to file a pedestrian accident claim in Florida?

In most cases, you have 2 years from the date of the accident to file a lawsuit. This deadline—called the statute of limitations—was shortened in 2023. If you miss it, you lose your right to seek compensation. There are rare exceptions, but don’t wait. Contact a lawyer early to ensure your case is preserved and filed on time.

What should I do immediately after a pedestrian accident in Florida?

Call 911 and seek medical care right away, even if you feel okay. If safe, gather key evidence: photos, driver and witness info, and the police report. Avoid discussing fault or giving statements to insurance companies. Then, contact a qualified Orlando pedestrian accident lawyer who can protect your rights from day one and handle all communication with insurers.

What questions should I ask during a truck accident consultation?

Here are some essentials: 1. How many truck accident cases have you handled in Orlando? 2. What types of damages can I claim in my situation? 3. Will you be personally handling my case? 4. Are you ready to take the case to trial if needed? 5. How are fees and expenses calculated? 6. Can you guarantee a settlement amount? (Spoiler: No one can, and anyone who says otherwise is a red flag.)

How do I choose the best truck accident lawyer in Orlando?

Here’s what to look for in your attorney: 1. Focused experience with truck and commercial vehicle accidents 2. A proven record of high-value settlements 3. Deep knowledge of Florida trucking laws and local courts 4. Bilingual services if English isn’t your first language 5. A contingency fee structure (you don’t pay unless you win)

What are the most common injuries from truck accidents?

Truck crashes often cause severe and life-altering injuries. The most common include: Traumatic brain injuries (TBI), Spinal cord injuries (including paralysis), Multiple fractures (ribs, limbs, pelvis), Internal bleeding and organ damage, Psychological trauma (like PTSD, anxiety, depression). These aren’t “walk-away” accidents. Many of our clients require months or years of care, and we make sure every cost gets factored into your settlement.

Can I still recover compensation if I was partially at fault?

Yes. Florida follows a modified comparative negligence rule. Even if you’re partially responsible, you can still recover compensation, but your payout is reduced by your percentage of fault.

What is the average truck accident settlement in Florida?

Truck Accident Settlement amounts vary based on injury severity, available insurance, and liability. Minor to moderate injuries: $100,000 – $500,000 Serious injuries or wrongful death: $530,000 – $5,000,000 National average for semi-truck accident claims: $100,000 – $150,000. At Louis Berk Law, we’ve recovered millions in truck crash cases, and we tailor each claim to the full impact on your life, not just your bills.

How long do I have to file a truck accident claim in Florida?

In most cases, you have two years from the date of the truck accident to file a personal injury or wrongful death claim in Florida (per Florida Statutes § 95.11). If you miss this deadline, you may lose your right to compensation, even if the crash was the trucker’s fault.

What happens if my car is declared a total loss?

If your car is totaled, the insurance company will offer a payout based on its actual cash value (ACV). This often falls short of what you owe. We push for a fair valuation, explore gap coverage if needed, and make sure you aren’t left with unpaid balances after the crash.

Should I talk to the other driver’s insurance adjuster?

No. Politely decline and contact us first. Insurance adjusters work for the other side and may twist your words to reduce your claim. Let us speak on your behalf and protect your rights from day one

What if the other driver is uninsured or underinsured?

You’re not out of options. If the at-fault driver lacks adequate coverage, we can pursue compensation through your UM/UIM policy (uninsured/underinsured motorist coverage). Our team will file, negotiate, and, if needed, litigate, so you’re never left holding the bill.

What compensation can I receive beyond medical bills?

You may be entitled to compensation for: Lost income and reduced earning capacity, Pain and suffering Emotional distress and trauma, Property damage, Loss of enjoyment of life. At Louis Berk Law, we document every loss, economic and non-economic, to pursue the full value of your case.

How long do I have to file a car accident claim in Florida?

You typically have four years from the accident date to file a personal injury lawsuit, and two years for wrongful death claims. But don’t wait, evidence fades, and some insurance policies require much faster action. The sooner you call, the stronger your case.

Can I still recover compensation if I was partially at fault?

Yes. Under Florida’s modified comparative negligence rule, you can recover damages as long as you were less than 51% at fault. Your compensation is reduced by your share of responsibility. For example, if you’re awarded $100,000 and found 20% at fault, you’d still receive $80,000.

How much does it cost to hire a car accident attorney in Orlando?

At Louis Berk Law, we work on a contingency fee basis, which means we don’t get paid unless you do. It’s simple: no recovery, no fee. This ensures every injured person has access to top-tier legal help, regardless of financial situation.

What does a car accident attorney do in Orlando?

A car accident attorney in Orlando helps you navigate the legal, medical, and insurance maze after a crash. At Louis Berk Law, we guide you from day one, ensuring deadlines are met, evidence is secured, insurers are held accountable, and your case is fully prepared for trial if necessary. Your focus is healing. Ours is getting you justice.

What’s the difference between a personal injury claim and a lawsuit?

A claim is filed with the insurance company, while a lawsuit takes your case to court if a fair settlement can’t be reached. Most cases settle before trial, but being prepared for both is key.

How long do I have to file a personal injury claim in Florida?

You typically have two years from the date of the accident to file a claim. That might sound like plenty of time, but the sooner you act, the better your chances of preserving evidence and building a strong case.

What’s the difference between a personal injury claim and a lawsuit?

A claim is filed with the insurance company, while a lawsuit takes your case to court if a fair settlement can’t be reached. Most cases settle before trial, but being prepared for both is key. Learn when to escalate your case in our personal injury lawsuit guide.

How much is a personal injury case worth in Florida?

It depends on the severity of your injuries, medical expenses, lost wages, emotional impact, and liability. Every case is different, there’s no one-size-fits-all formula. See what your case could be worth in our personal injury settlement guide.

Can I still win a personal injury case in Florida if I was partially at fault?

Yes. Florida follows a comparative negligence rule, which means you can still recover compensation, it’s just reduced by your percentage of fault. Even if you made a mistake, don’t assume you have no case.

Will I need to go to trial for my injury case in Orlando?

Most cases settle without ever going to court. That said, we always prepare as if trial is possible, it’s what gives us the upper hand in negotiations. And if trial is what it takes? We don’t back down.

How much does it cost to hire a personal injury attorney in Orlando?

With Louis Berk Law, you pay nothing unless we win. No upfront fees. No surprises. Just clear, compassionate legal support from day one.

What types of cases does Louis Berk Law handle?

We represent clients in car accidents, pedestrian injuries, slip-and-falls, truck accidents, wrongful death, and other personal injury cases across Florida.

What should I bring to my first consultation?

Bring your ID, accident report, any medical records or bills, photos of the scene or injuries, contact info for witnesses, and insurance details. We’ll guide you through everything else.

What happens after I sign with Louis Berk Law?

Once you sign, we begin investigating your case, collecting evidence, coordinating with medical providers and experts, and preparing a strong legal strategy. You’ll get regular updates and personal support throughout the process.

Will my personal injury case go to trial?

Most cases settle. If insurers refuse fair value, an attorney may recommend trial. Contact Louis Berk Law to understand settlement options and litigation strategy.

What evidence matters in a Florida personal injury case?

Medical records, photos, videos, police reports, witnesses, and expert opinions are crucial. Preserve everything. An attorney coordinates evidence collection. Contact Louis Berk Law for help securing proof.

Do I need to see a doctor within a certain time?

Yes. Florida’s PIP generally requires treatment within 14 days after a crash. An attorney ensures compliance and documents injuries properly. Contact Louis Berk Law promptly.

Can undocumented immigrants file personal injury claims in Florida?

Yes. Immigration status does not bar compensation claims. An attorney protects your rights and privacy. Contact Louis Berk Law to discuss confidentially.

How are medical bills handled while my case is pending?

PIP may cover initial care. Remaining balances can be pursued from the at-fault party. An attorney can coordinate billing and liens. Contact Louis Berk Law to review options.

What if I cannot work because of my injury?

You may recover lost wages and reduced earning capacity. Documentation is key. An attorney calculates and proves these losses. Contact Louis Berk Law to protect your income claim.

Can families recover damages in wrongful death cases?

Eligible survivors may recover funeral costs, medical expenses, lost support, and companionship. An attorney can guide eligibility and claims. Contact Louis Berk Law for compassionate help.

How does hiring an attorney help my personal injury case?

An attorney investigates, preserves evidence, negotiates with insurers, and litigates if needed, maximizing recovery while you heal. Contact Louis Berk Law to get experienced advocacy.

What does CMS stand for?

We pair trial-ready strategy with personalized client service for Central Florida families. Speak directly with an attorney about your goals. Contact Louis Berk Law to start your case plan.

(407) 906 – 0500

326 N. Magnolia Avenue, Floor 2
Orlando, FL 32801

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