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    Suing for injuries can be a complex process.  Many injury victims would rather file through insurance and settle their case that way, but insurance often leaves money on the table that you might need to help with your recovery.

    When you work with an experienced personal injury lawyer, your lawyer can fight to get all damages covered in your injury case.  This can sometimes mean going to trial, where we can present evidence and witnesses to support your claim.  Most cases do settle before reaching that stage, and we can work to negotiate a fair settlement that covers your needs in full.

    To have our personal injury lawyers review your injury case, contact The Law Offices of David I. Fuchs, Injury & Accident Lawyer today at (954) 751-4258.

    Personal Injury Laws in Orange County, FL

    To sue someone else for your injuries, you and your personal injury attorneys typically have to prove that the defendant violated some legal duty that they owed you.  If your injury was instead caused by an honest accident, then you might not be able to get damages – but many injury cases do ultimately involve someone dropping the ball or creating unsafe circumstances that led to your injuries.

    Based on the circumstances at hand and the relationship between the victim and the defendant, the law often requires defendants to act reasonably.  If the defendant fails to act reasonably or violates other specific safety rules – such as speed limits – then they can be held liable for the injuries that result from those violations.

    For example, property owners must take steps to warn guests of dangers or clean up hidden dangers to prevent their guests from being injured on things like slippery floors.  If the property owner fails to take reasonable steps to do so – such as putting up a “Caution: Wet Floor” sign – then they can be held responsible if someone is injured.

    Similar duties are created in many situations, such as when a patient visits a doctor, when two drivers share the road, or when a manufacturer sells a product to a consumer.

    Proving Causation in Orange County, FL Personal Injury Claims

    One important element of every injury case is causation.  If the defendant’s conduct did not actually cause your injury, then you cannot sue them.  Ultimately, there are two types of causation to understand: actual or “but-for” causation and proximate causation.  Issues with causation can often hurt your case.

    Actual/“But-For” Causation

    Actual causation is met when the defendant’s conduct is an actual, literal cause of the accident.  This is often referred to as “but-for” causation because the results would not have occurred but for the defendant’s actions.

    For example, if the defendant speeds and runs a red light, crashing into the victim’s car, it is safe to say that the accident would not have happened but for the defendant’s bad driving.  However, the accident would also never have happened if the driver was never born – so the defendant’s mom giving birth to the driver is also an actual cause of the accident.  This second “cause” is very far removed and cannot be considered a “legal” cause of the accident, which brings us to the other type of causation.

    Proximate Causation

    A cause must also be closely related to the accident in order to be considered a “legal” cause of the accident.  This is called “proximate” cause, after the fact that it has to be close in time and location to the accident to be a cause.

    For example, a speeding driver who crashed into the victim will be liable because their speeding happened then and there.  A shooter who fires a gun at someone 1,000 yards away might not be particularly close, but their actions are still a “proximate” cause of the victim’s injuries.

    There are legal tests for proximate cause, but the legal issues can sometimes get complex.  For example, if a manufacturer makes a defective airbag in another country and it fails to deploy in a car in Florida, is that a proximate cause of the injuries?  Generally, the answer is yes because the accident was involved then and there in the crash.  You should always have a lawyer review your case to ensure causation questions are properly addressed to keep your case strong.

    Causation Problems

    If there was an intervening cause, that can often “cut off” liability.  For example, if a driver was speeding toward you, but another car hit you first, then the first driver’s speeding was certainly illegal and constitutes a breach of duty, but it did not actually cause your accident.  You would instead sue the second driver.

    Sometimes accidents are inevitable, and even the most diligent, safe people could not have stopped the accident.  In those cases, the fact that a duty was violated could not actually be a legal cause of the injuries.  For example, if a medical malpractice plaintiff had an inoperable, deadly brain tumor, but the doctor failed to diagnose and treat it, could the doctor be held liable for medical malpractice?  If the tumor was truly inoperable, then treatment might not have helped, and the doctor’s mistakes might not have actually made anything worse, so they would not be able to be sued.

    Our attorneys look out for issues like these in injury cases and fight to help prove that the defendant’s actions or inactions were indeed what caused the injuries in question.

    Damages for Injury Victims in Orange County, FL Accident Cases

    To get compensation for your injury case, you have to prove the damages you suffered as well.  Most injury cases involve pain and suffering of some kind as well as other non-economic damages like emotional distress.  They also involve economic damages – damages that have a clear financial value.  These commonly come in the form of medical expenses, childcare costs, property damage, and other costs.

    While some damages are covered by insurance, others are not.  For example, no-fault car insurance in Florida does not pay for pain and suffering.  In cases when this happens, you often need to take your case to court to get full compensation.  Court cases can settle before trial, but taking your case all the way to trial and a jury verdict is sometimes necessary to get the damages you need.

    Contact Our Orange County, FL Personal Injury Attorneys Today

    Call (954) 751-4258 for a free case review with the personal injury lawyers at The Law Offices of David I. Fuchs, Injury & Accident Lawyer.

    Client Testimonials

    “…the settlement I received was much higher than anticipated”

    Fuchs was my car accident attorney and was very responsive from the first call. I had medical care the next day and the whole process was smooth. They handled everything with the insurance companies and coordinated all of the necessary medical information. It was a long process and in the end the settlement I received was much higher than anticipated I am more than happy and grateful for the outcome.

    Sean O.
    Google Review
    “Not only did I get the medical attention I needed but I was compensated handsomely.”

    It’s been a long bumpy road to recovery but with David and his office’s help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could’ve been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!

    Giovanni G.
    Google Review
    “…they didn’t settle for anything and my boyfriend and I got what we deserved.”

    I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less. Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. [They’re] the best in town!

    Sheila N.
    Google Review
    “Best lawyer in Broward County”
    Evans P.
    Google Review
    “Mr. Fuchs and his staff were very helpful.”

    I highly recommend Law offices of David Fuchs. Mr. Fuchs and his staff were very helpful. The case was handled in a timely manner and I was always informed if there were any changes or updates with my case.

    Velouse G.
    Google Review
    “Mr. Fuchs is one of the hardest working attorneys that I know.”

    Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won’t be disappointed!!

    Libby E.
    Google Review
    “I would definitely refer to this firm as the go-to Florida personal injury gurus.”

    At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars! David made sure I understood exactly what, when, where, why and [answered] whatever question I had. I would definitely refer to this firm as the go-to Florida personal injury gurus.

    Donna M.
    Google Review
    “They have a wonderful team.”

    …took care of my well-being [and were] very informative about my situation. [T]hey were on the ball when it came down to settling…I highly recommend David.

    Nicholas G.
    Google Review
    “My experience with David Fuchs was awesome.”

    I got a really good return… thank you David Fuchs and staff for being so helpful and working so hard to help us, you are appreciated.

    Yvette W.
    Google Review
    “This is a great law office.”

    The David I Fuchs law office is a group of excellent people that helped to their fullest potential. They treated me with respect and I really appreciate that. This is a great law office.

    Jonathan Z.
    Google Review
    “Never did I imagine myself getting into an accident.”

    It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I’m blessed , thankful and behind it all DAVID FUCHS who made it happen for me.

    Sade P.
    Google Review
    “They helped tremendously!”

    I would totally recommend David to everyone. They’re extremely professional and work in a timely manner. They helped tremendously!

    A Boone
    Google Review
    “I highly recommend this man.”

    A good man knows, his law 35 years experience. Will get the job done and help you and your family get compensated for you pain and damages. I highly recommend this man. I want to revisit my review and say that Mr. Fuchs always picks up his phone and answer any questions that may pertain to my case. Thank you, David.

    N. Hit
    Google Review
    “He was able to settle my case with little to no trouble and did so in a very professional manner.”

    David Fuchs was my car accident attorney. He was able to settle my case with little to no trouble and did so in a very professional manner. I would highly recommend him to others.

    Samantha D.
    Google Review
    “…all went good and successful. thank you so much for all your help.”

    I got into an accident for the first time and I didn’t know what do or how things works, but I was lucky to find a professional and helpful people to guide through this experience.
    They did take care of my case all went good and successful thank you so much for all your help.

    Karen G.
    Google Review
    “Very professional. Had no problems with communication”
    Zuberi L.
    Google Review
    “He was there every time I called and got me a great settlement.”

    I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.

    Joan K.
    Google Review
    “My settlement was fast, fair and professionally handled.”

    Had a car accident and needed an advocate to communicate my concerns through my insurance provider. The law office of David Fuchs, was efficient and thorough. My settlement was fast, fair and professionally handled. Would highly recommend giving this office a call if you need legal assistance.

    Willie M.
    Google Review
    “A+++++ recommended.”

    I want to thank the office of David Fuch’s. A+++++ recommended.

    J. Hernandez
    Google Review
    “I could not have asked for a better team by my side.”

    They were very helpful. I could not have asked for a better team by my side.

    S. Rodriguez
    Google Review
    “They got me my settlement pretty quickly and worked hard on my case for me.”

    I was in an accident mid last year and Mr. Fuchs handled my case and his case manager[s] Yessi and Jessica were very informative as to the process. They got me my settlement pretty quickly and worked hard on my case for me. Mr. Fuchs was extremely knowledgeable and informed me of everything that would happen in my case. I will recommend this firm to my family and friends and i will be using their services in future if need be.

    Pastor D.
    Google Review