Practice Areas

Who We Are

Louis Berk

Andrew Rariden

Collins DelPercio

Locations

(407) 906 – 0500

Home
/
FAQs
/

frequently asked questions

we are here to help you

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.

Thank you! Your submission has been received!

Oops! Something went wrong while submitting the form.

What if my dental injury was caused by a defective implant, not the dentist's technique?

A defective device or material can support a separate product liability claim against the manufacturer, which follows a different legal framework than a Chapter 766 malpractice claim against the dentist.

Can I file a complaint against my dentist without suing them?

Yes. You can file a complaint with the Florida Department of Health's enforcement division, which oversees the Board of Dentistry, though this path doesn't result in financial compensation.

What is the pre-suit process for a dental malpractice claim?

Florida requires serving a Notice of Intent supported by a qualified dental expert's written opinion, which starts a mandatory 90-day investigation period before any lawsuit can be filed, under §766.106.

How long do I have to file a dental malpractice claim in Florida?

Generally two years from when you discovered or should have discovered the injury, with a four-year statute of repose as an absolute outer limit, under §95.11(4)(b).

Does signing a consent form protect my dentist from a malpractice claim?

Not automatically. If the specific risk that caused your injury was never actually disclosed to you in terms you could understand, a generic signed form may not satisfy Florida's informed consent standard.

Can I sue my dentist for nerve damage in Florida?

Yes, if a qualified dental expert confirms the nerve injury resulted from a standard of care violation, such as excessive drilling depth or failure to review imaging showing the nerve canal's location, rather than an unavoidable risk of the procedure.

What if a construction accident resulted in a worker's death?

Florida's Wrongful Death Act allows the deceased's personal representative to pursue compensation from third-party defendants on behalf of surviving family members, in addition to any workers' compensation death benefits.

What if my construction accident was caused by extreme heat?

Heat exhaustion or heat stroke resulting from a contractor's failure to provide adequate hydration, shade, or rest breaks can support a negligence claim separate from a physical hazard like a fall.

Will pursuing a third-party claim affect my workers' compensation benefits?

No, but the workers' compensation carrier generally holds a lien against any third-party recovery for benefits already paid, which is a routine part of the settlement process to negotiate.

What if I'm undocumented? Can I still file a claim?

Yes. The Florida Third District Court of Appeal confirmed in HDV Construction Systems v. Aragon (2018) that undocumented workers retain the same rights to workers' compensation and third-party claims as any other worker.

How do OSHA violations help my case?

Florida doesn't allow a direct lawsuit under OSHA regulations, but a documented OSHA violation is strong evidence of what the standard of care required and how a defendant failed to meet it in a state negligence claim.

Is the general contractor automatically protected from lawsuits?

Not always. A general contractor only gains statutory employer immunity under §440.10 if it actually secured workers' compensation coverage for the specific subcontractor's employees involved.

Who can I sue if I can't sue my own employer?

Any other company on the job site whose negligence contributed to your injury, including other subcontractors, equipment manufacturers, property owners, and engineering or design firms, can be held liable in a third-party claim.

Can I sue my employer after a construction accident in Florida?

Generally no, under §440.11's exclusive remedy provision, except in narrow cases involving an intentional tort or an employer that failed to secure required workers' compensation coverage.

What if I was hurt on a parking lot tram or shuttle at a theme park?

Park transportation incidents, including trams and shuttle buses, are treated as a distinct injury category from ride attractions and typically involve claims for negligent operation, such as accelerating before passengers are safely seated.

What if I was injured at a water park attraction?

Water park claims generally turn on whether the park provided adequate lifeguard staffing and supervision for the specific attraction, along with proper depth markers and warnings, in addition to standard premises liability principles.

Can I still sue if I signed a waiver when I bought my ticket?

Often yes. Ticket waivers can address inherent risks of an attraction, but Florida courts scrutinize broad releases closely, and they generally cannot shield a park from liability for its own gross negligence.

How long do I have to file a claim after a theme park injury in Florida?

Florida's statute of limitations for most negligence claims is two years from the date of the incident, following the 2023 changes under HB 837.

I'm a theme park employee who was hurt on the job. Do I have a personal injury claim?

If your own employer's negligence caused the injury, it's typically a workers' compensation claim. If a third-party contractor or vendor contributed to the injury, a separate personal injury claim may be available.

What if I was injured on a ride because it malfunctioned?

A mechanical malfunction can support both a negligence claim against the park and a separate product liability claim against the ride's manufacturer, depending on what caused the failure.

Does buying a park ticket mean I gave up my right to sue if I'm injured?

Not entirely. Ticket waivers can address inherent risks of an attraction, but they generally cannot shield a park from liability for its own negligence, such as failing to maintain a ride's safety equipment.

Are Disney World and Universal inspected by the state like other rides?

No. Under §616.242, theme parks with more than 1,000 employees and their own safety inspectors are exempt from routine state ride inspections and instead self-inspect, filing an annual affidavit and quarterly injury reports with the state.

What if a scooter accident resulted in a death?

Florida's Wrongful Death Act allows the deceased's personal representative to pursue compensation on behalf of surviving family members, evaluating the same range of potentially liable parties as a survivable injury claim.

Are scooter riding rules the same everywhere in Orlando?

No. Orlando and surrounding municipalities each layer their own local ordinances on top of Florida's baseline rules under §316.2128, governing where scooters may be ridden and parked, so the specific rule that applied at your crash location matters.

What if I was riding double with a friend when the accident happened?

Most rental scooters are rated for a single rider only, and riding with a passenger can affect both the scooter's stability and how comparative negligence gets allocated if the added weight contributed to the crash.

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

Florida's statute of limitations for most negligence claims is two years from the date of the accident, following the 2023 changes under HB 837.

What if I was hit by a scooter rider while walking?

Pedestrians injured by a negligent scooter rider can pursue a claim against that rider directly, similar to a claim against a negligent cyclist.

Do I need a helmet to ride legally in Florida?

Riders 16 and older are not legally required to wear a helmet, but not wearing one can give an insurer grounds to argue comparative negligence if you suffer a head injury.

Can I sue Bird or Lime if their scooter malfunctioned?

Yes. A mechanical defect, such as failed brakes or a stuck throttle, can support a product liability or negligent maintenance claim against the rental company, separate from any claim against a driver.

Does my car insurance cover me if I'm injured on a rental scooter?

Not automatically. Florida PIP generally does not apply to scooter riders since scooters aren't classified as motor vehicles, though your own uninsured motorist coverage may apply if a vehicle was involved in the crash.

What can I do if my case is declined due to modest damages, not liability?

Some firms may still offer guidance even if they cannot litigate the case themselves, and depending on the facts, alternative paths like a formal complaint through the Florida Department of Health's enforcement process may still be available even when a civil lawsuit is not economically viable. A complaint does not recover compensation, but it can prompt a regulatory investigation into the provider's conduct.

How long do I have to find an attorney and file a claim in Florida?

Generally two years from when the injury was discovered or should have been discovered, with an outer limit of four years from the date of the malpractice in most circumstances. Starting the search for an attorney well before this deadline matters, since Florida's pre-suit requirements take additional time to complete.

If one firm declines my case, should I stop looking?

No. Firms differ in resources, risk tolerance, and specialization, and a second firm may evaluate the same facts differently, particularly one with specific experience in your type of claim.

How much does my case need to be worth for an attorney to take it?

There is no fixed number, but national data suggests very few attorneys will take a case under roughly $50,000 in potential damages, and many decline cases under $250,000, because contingency fee litigation costs are typically front-loaded by the firm.

Why do I need a medical expert before my case can even be filed in Florida?

Florida law under §766.106 requires a corroborating written medical expert opinion before the mandatory pre-suit notice can be sent, meaning the expert screening happens before litigation formally begins, not after.

Does a bad medical outcome automatically mean I have a malpractice case?

No. A poor outcome following medically appropriate, standard care is not malpractice, even when the result is severe. A viable claim requires proving the provider's care fell below what a reasonably competent provider would have done under the same circumstances.

If my case involves both a government entity and a medical malpractice claim, do the notice periods run at the same time or one after another?

They generally run in parallel rather than one after another, but both must be fully satisfied before the underlying lawsuit can proceed, so the case cannot move faster than whichever requirement takes longer to complete.

What's the single biggest thing I can do to avoid unnecessary delay?

Start the personal representative appointment process immediately. This step sits in front of every case type discussed here, and delaying it adds directly onto whatever timeline your specific case would otherwise follow.

Does filing in Orange County take longer than Seminole County?

It can vary based on each circuit's current caseload and docket congestion, which changes over time. A local attorney familiar with current scheduling patterns in the relevant circuit can give a more accurate estimate than a general statewide figure.

Can I speed up the 90-day medical malpractice investigation period?

No. This period is set by statute and cannot be shortened by agreement between the parties, though completing the required pre-notice work, records collection and expert review, as efficiently as possible ensures you are not adding unnecessary delay on top of the mandatory window.

Why does my medical malpractice wrongful death case seem to be taking longer than my neighbor's car accident case?

Because they are governed by entirely different legal frameworks. Medical malpractice claims require a mandatory 90-day pre-suit investigation period under Chapter 766 that car accident claims simply do not have, on top of the time needed to obtain records and a qualified expert opinion before that period can even begin.

Can grandparents file a wrongful death lawsuit in Florida?

Grandparents cannot file the lawsuit directly, and they generally do not qualify as eligible survivors under §768.18 unless they had a documented dependency relationship with the decedent and no closer survivor exists.

How long do you have to file a wrongful death lawsuit in Florida?

Generally two years from the date of death under §95.11(5)(e), following the 2023 changes under HB 837, though the personal representative appointment needed before filing should begin well before that deadline approaches.

Can a stepchild file a wrongful death claim in Florida?

A stepchild cannot file the lawsuit itself, since only the personal representative can, but a stepchild who was never legally adopted may recover economic damages if they were dependent on the decedent, though not pain and suffering or loss of guidance damages.

Can more than one person file a wrongful death lawsuit for the same death?

No. Only one wrongful death lawsuit may be brought per incident, filed exclusively by the personal representative on behalf of all eligible survivors and the estate together.

Who becomes personal representative if there's no will?

Under §733.301, the surviving spouse has first priority, followed by the person selected by a majority in interest of the heirs, followed by the heir nearest in degree to the decedent.

Can siblings file a wrongful death claim in Florida?

Generally only if there is no surviving spouse, child, or parent, and the sibling was partly or wholly dependent on the decedent for support or services, since blood relatives fall lower in the statutory priority than immediate family.

Can a girlfriend or boyfriend file a wrongful death lawsuit in Florida?

No. An unmarried romantic partner does not qualify as a survivor under §768.18, regardless of the relationship's length or financial interdependence, since Florida law requires a legal spousal relationship.

How is a wrongful death settlement divided among family members?

Funds are divided according to each survivor's specific category of loss under §768.21, a spouse's lost companionship and support, a child's lost guidance, and so on, rather than split into equal shares.

Can creditors take money from a wrongful death settlement?

Creditors can generally reach only the estate's portion of the settlement, not the damages awarded specifically to individual survivors like a spouse or child, which are not part of the probate estate.

Does a wrongful death settlement have to go through probate?

The claim itself is brought through the probate-appointed personal representative, and court approval of the distribution is required specifically when a minor or incapacitated survivor is involved, or when any survivor objects to the proposed allocation.

Who receives the wrongful death settlement money first?

The personal representative of the estate receives the full settlement first, then resolves medical liens and attorney's fees before allocating the remainder to survivors and the estate according to each party's specific losses.

Are wrongful death settlements taxable in Florida?

Most compensatory damages are not federally taxable under 26 U.S.C. §104(a)(2), and Florida has no state income tax. Punitive damages and any interest that accrued during litigation are generally taxable as ordinary income.

Is a wrongful death settlement paid in one lump sum?

Not always. Adult survivors typically receive their share as a lump sum, while a minor's portion is often structured into an annuity or placed in a restricted account requiring court authorization for withdrawals.

How long does it take to receive a wrongful death settlement in Florida?

Once a settlement is signed, funds are typically distributed within 30 to 60 days after liens, fees, and court approval requirements (if any) are resolved. The underlying case itself often takes six to eighteen months to reach that point, depending on liability disputes and whether litigation is required.

What if my loved one died in an aviation accident?

Florida's Wrongful Death Act allows the estate's personal representative to pursue compensation for surviving family members, including lost financial support and loss of companionship, though these cases often involve multiple defendants and insurance policies.

Can I sue the government if air traffic control was at fault?

In some cases, yes, through a claim under the Federal Tort Claims Act, which involves its own distinct procedural requirements separate from a standard negligence claim against a private party.

What if I was injured on the tarmac, not in the air?

Airport ground operation accidents, involving service vehicles, baggage equipment, or boarding bridges, are a distinct category of aviation-related claim, typically pursued against the airport operator or ground service provider.

Who can be held liable for a helicopter tour accident?

Potentially the pilot, the tour operator, a maintenance provider, and the aircraft or component manufacturer, subject to GARA's protections. Identifying every liable party is essential to recovering full compensation.

Does the Montreal Convention apply to my flight?

It can, if your flight qualifies as international carriage under the treaty's definition. This affects both what damages are recoverable and where a lawsuit may be filed, and it's worth having an attorney evaluate early.

How long do I have to file an aviation accident claim in Florida?

Florida generally allows two years from the date of the accident to file, though the investigation required to build a strong aviation claim can take months, so acting quickly matters even with that window.

What is GARA and how could it affect my case?

The General Aviation Revitalization Act gives most small aircraft manufacturers an 18-year statute of repose. If your accident involved an aircraft or component older than 18 years, the manufacturer may be immune from liability, though several exceptions can apply.

Can I use the NTSB's report in my lawsuit?

No, not the Board's final report or its probable cause conclusion, which is barred by federal law under 49 U.S.C. §1154(b). The NTSB's separate factual report, containing raw data like weather and maintenance findings, is generally admissible.

Should I join a class action lawsuit or file my own claim?

It depends on the severity of your injury. Class action settlements typically pay a fixed, modest amount per claimant, while an individual claim allows your specific injury, medical costs, and pain and suffering to be valued on their own merits, which is often better for a serious injury.

Can I get punitive damages in a product liability case?

Punitive damages are possible when the evidence shows the manufacturer engaged in intentional misconduct or gross negligence, such as knowing about a defect and continuing to sell the product without warning consumers or issuing a recall.

What if I was injured by a product I no longer have?

It's still worth speaking with an attorney. While preserving the product is important, other evidence, medical records, purchase receipts, photos, or a matching recall notice, can sometimes support a claim even without the physical product.

Who can be held liable for a defective product?

Any party in the chain of distribution can potentially be held liable, including the manufacturer, a component part manufacturer, the distributor, and the retailer that sold the product.

Can I still sue if the product has already been recalled?

Yes. A recall does not prevent you from filing a claim, and in fact a recall notice covering the same defect that caused your injury can serve as strong evidence that the manufacturer knew about the danger.

What is the statute of repose and how is it different from the statute of limitations?

The statute of repose is an absolute 12-year deadline based on when the product was first sold, regardless of when the injury occurred. The statute of limitations is a four-year deadline based on when the injury happened or was discovered. Both must be satisfied to bring a claim.

Do I have to prove the manufacturer was negligent?

No. Under Florida's strict liability doctrine, established in West v. Caterpillar Tractor Co., you only need to show the product was defective and unreasonably dangerous, and that the defect caused your injury.

How long do I have to file a product liability claim in Florida?

You generally have four years from the date of injury, or from when the injury was discovered or should have been discovered, under §95.11(3)(e). This is separate from the 12-year statute of repose, which is based on the product's age rather than the injury date.

How long do I have to file a claim for pain and suffering in Florida?

Florida's statute of limitations for most personal injury claims is two years from the date of the incident under §95.11, following the 2023 changes under HB 837.

Does where I live affect my pain and suffering settlement?

Yes. Jury tendencies vary by Florida county, and attorneys factor in local venue when assessing a settlement demand, even in cases that never go to trial.

Can I recover pain and suffering for emotional distress alone?

Yes, when documented by a qualified mental health professional and connected to the injury or incident, emotional distress is a compensable component of non-economic damages in Florida.

How is pain and suffering calculated in Florida?

Adjusters and attorneys typically use the multiplier method, multiplying economic damages by 1.5 to 5, or the per diem method, assigning a daily dollar value to each day of documented pain.

Does Florida cap pain and suffering damages?

No, not in ordinary negligence cases like car accidents or slip and falls. Florida's only cap applied to medical malpractice, and the Florida Supreme Court struck it down as unconstitutional in 2017.

What is the average pain and suffering settlement in Florida?

Florida pain and suffering settlements typically range from $5,000 for minor, resolved injuries to $1,000,000 or more for catastrophic, permanent harm, depending on severity and documentation.

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

Florida's statute of limitations for most personal injury claims is two years from the date of the accident under §95.11, following the 2023 changes under HB 837.

Will the insurance company check my social media during my claim?

Often, yes. Adjusters routinely review public posts for anything that could be used to suggest the injury is less serious than claimed, even when the activity shown is reasonable.

Can I get compensation for a soft tissue injury if my car had minimal damage?

Yes, though insurers often resist these claims more, since minimal vehicle damage can still transmit significant force to an occupant's neck and back. Strong, consistent medical documentation is especially important in these cases.

Does PIP cover the full $10,000 for a soft tissue injury?

Only if a qualified provider documents an "emergency medical condition." Otherwise, PIP coverage caps at $2,500 under §627.736, which can leave a gap for claimants who don't realize this distinction exists.

Why do insurance companies undervalue soft tissue injury claims?

Insurers often use automated claims software that cross-references vehicle damage photos against past claims, generating a lower suggested value when property damage looks minor, regardless of the actual medical documentation.

What is the average settlement for a soft tissue injury in Florida?

Florida soft tissue injury settlements typically range from $5,000-$15,000 for a minor, quickly resolving strain to $70,000-$150,000+ for chronic or multi-region injuries with documented permanency.

How long do I have to file a herniated disc claim in Florida?

Florida's statute of limitations for most personal injury claims is two years from the date of the accident under §95.11, following the 2023 changes under HB 837.

What is radiculopathy and why does it matter for my claim?

Radiculopathy is nerve-related pain, numbness, or weakness radiating from a compressed nerve root, and documenting it, often with EMG/NCV testing, strengthens both the causation argument and the claim's overall value.

Does a herniated disc always require surgery?

No. Many herniated discs are treated successfully with physical therapy, chiropractic care, or epidural steroid injections, and only progress to surgery like a microdiscectomy when conservative treatment fails to relieve symptoms.

How do insurance companies argue a herniated disc isn't from the accident?

Insurers commonly point to "degenerative changes" language in the MRI report to argue the herniation predates the crash, which is why prior medical records and a physician's causation opinion matter so much.

Can I still get compensation if I had degenerative disc disease before the accident?

Yes. Under Florida's eggshell plaintiff doctrine, a defendant remains liable for aggravating a pre-existing degenerative condition into a symptomatic, disabling injury, even though the insurer will likely dispute the connection.

What is the average settlement for a herniated disc from a car accident in Florida?

Florida herniated disc settlements typically range from $20,000-$50,000 for a mild, conservatively treated herniation to $500,000 or more for a herniation requiring surgery, depending on severity and documentation.

How long do I have to file a slip and fall claim in Florida?

Florida's statute of limitations for most premises liability claims is two years from the date of the fall under §95.11, following the 2023 changes under HB 837.

Can I still recover compensation if I was partially at fault for my fall?

Yes, as long as you are found 50% or less at fault. Under Florida's comparative negligence rule (§768.81), your payout is reduced by your percentage of fault, but you can still recover.

Will the insurance company assume my injury is minor if I didn't need surgery?

Often, yes, which is why a treating physician's documentation explaining why conservative treatment was chosen, rather than simply omitting surgery from the record, is important to counter that assumption.

How do you prove a property owner knew about a hazard?

Under §768.0755, you generally need to show actual knowledge of the hazard or that it existed long enough that ordinary care should have discovered it, often proven with surveillance footage, maintenance logs, or inspection records.

What is the average slip and fall settlement in Florida without surgery?

Florida slip and fall settlements without surgery typically range from $5,000-$15,000 for minor injuries to $100,000-$200,000+ for severe, well-documented non-surgical injuries.

Can you get a good settlement for a slip and fall without surgery?

Yes. Non-surgical slip and fall settlements in Florida can still reach $100,000 or more when the injury is well-documented, particularly for herniated discs treated with injections or a diagnosed traumatic brain injury.

How long do I have to file a T-bone accident claim in Florida?

Florida's statute of limitations for most personal injury claims is two years from the date of the accident under §95.11, following the 2023 changes under HB 837.

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

Yes, as long as you are found 50% or less at fault. Under Florida's comparative negligence rule (§768.81), your payout is reduced by your percentage of fault, but you can still recover.

What is a Civil Remedy Notice and how can it help my claim?

A Civil Remedy Notice under §624.155 gives an insurer 60 days to offer full policy limits or risk uncapped bad-faith exposure, which can pressure a slow or lowball insurer to pay fairly.

What if the at-fault driver doesn't have enough insurance to cover my injuries?

If the at-fault driver's policy limit is lower than your claim's value, your own uninsured/underinsured motorist (UM/UIM) coverage, if you purchased it, can cover the remaining amount.

What is the average settlement for a T-bone accident in Florida?

Florida T-bone settlements typically range from $15,000 for a soft-tissue injury to $650,000 or more for complex fractures requiring surgery, depending on severity and available insurance.

(407) 906 – 0500

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

General

Practice Areas About Us Our Team Locations Results FAQs Careers Contact Us

Blog

View All Posts

Dental Malpractice in Florida: Your Legal Rights

How to Get a Medical Malpractice Attorney to Take Your Case in Florida

How Long Does a Wrongful Death Lawsuit Take in Florida: Why the Timeline Depends on Your Case Type

Legal