Frequently Asked Questions
Brevard County Personal Injury Lawyers
At Henderson & Futchko, P.A., we have represented more than 2,500 personal
injury victims and provided them with high-caliber legal representation.
Over the years, our
Brevard County personal injury attorneys have noticed that many of our injured clients have the same types of questions
or concerns when they first seek our help. We have compiled a list of
some of these frequently asked questions for your benefit. We hope you
find this information useful.
Get to know your rights and legal options!
What if I have been injured by someone else's negligence?
If you or a family member has been injured as a result of a
motorcycle accident, a
boat or jet ski accident, a
dog bite, or another situation caused by someone else's negligence, you may
be entitled to compensation. It is best to know your rights before speaking
to the other side's insurance company, who may attempt to get "information"
that can harm or reduce the value of your claim. Our firm accepts personal
injury cases on a no-recovery-no-fee basis. This means we do not charge
costs if we are unable to obtain a recovery on your behalf!
What is uninsured motorist coverage?
Uninsured motorist (UM) coverage provides protection in the event that
the person who is at fault in an accident has no insurance or has inadequate
insurance to compensate you for your injuries. UM coverage under your
own policy protects you and family members who live with you, whether
you are in your own
car or someone else's car, or whether you are on a bicycle or you are
a pedestrian. In some cases, the coverage under your policy can be stacked
or added, providing the potential for greater benefits for yourself or
your family members. Our legal team can determine the total amount of
What is Florida's No-Fault law?
Florida is a "no-fault" state. This law does NOT mean that fault
of any driver does not matter. It simply means that some of your medical
bills and lost wages will and should be paid by your own insurance company,
even if the other driver is at fault. It also means that your own insurance
company should pay some of your medical expenses and lost wages if you
are at fault. The law applies if you are in a car or
truck, if you are hit by a car or truck while on a bicycle, or if you are a
pedestrian. The law does not apply to
The "No-Fault" law also has an impact on whether or not you
may be entitled to additional compensation from the other driver. You
may be entitled to this additional compensation even if you are partly
responsible for the accident, and even if you received a ticket for the accident.
Our firm can provide you with advice and information regarding these issues.
What is PIP?
PIP stands for Personal Injury Protection Insurance. The State of Florida
requires every owner of a motor vehicle to carry PIP on their vehicle
as a condition of valid registration. The minimum coverage mandated by
law is $10,000 of PIP and $10,000 of property damage (PD) coverage.
If you are injured in an
auto accident, your insurance company must pay 80% of any reasonable and necessary medical
expenses related to the accident. The balance of these expenses can be
claimed from the other driver if they were at fault. Your insurance company
may also pay 60% of your lost wages. Again, if the other driver is at
fault, the remainder of your lost wages can be claimed against him or
her. However, if you are injured in a motor vehicle accident you must
obtain medical treatment within 14 days of the accident or your PIP benefits
may be limited to $2500.
I've been injured in a
slip and fall accident. Now what?
A property owner or business has an obligation to maintain their premises
in a reasonably safe condition and to warn of dangers or hazardous situations
on the premises. If you fall and injure yourself on their premises, you
may be entitled to compensation for your injuries, including your medical
expenses and lost wages, as well as for pain and suffering. Also, some
property owners and businesses have insurance which may provide coverage
toward some of your medical expenses regardless of fault or negligence.
We can help you file a
premises liability claim to get the fair compensation you need and deserve.
Is it difficult to bring a malpractice claim against a doctor?
Contrary to media reports, the laws in Florida regarding
medical malpractice make it difficult to bring a claim against a doctor or other healthcare
professional for malpractice. There are a number of guidelines which must
be followed or you can lose your right to bring a claim. Malpractice claims
also have a shorter statute of limitations, or time in which the claim
must be brought forward. The person injured by the malpractice of a healthcare
professional must hire professionals in the same medical field as the
healthcare provider who caused the harm to testify that the person acted
below the appropriate standard.
It can be very expensive to investigate and hire the proper healthcare
experts to testify, so the injury suffered usually must be significant.
This is especially true because the healthcare provider will be defended
by an insurance company that has the large financial resources necessary
to hire a team of their own experts. If you think that you or a family
member has been the victim of a mistake by a healthcare provider, please
contact us as soon as possible.
What if I believe I have been injured by a defective product?
Manufacturers and distributors of all types of products, from heavy machinery
and automobiles to simple tools to everyday household products, have a
duty to make sure those products are not inherently dangerous, that they
have no defects, and to make sure that they are fit for their intended
purpose. Our firm has represented people hurt or killed by such products.
If you or a family member has been injured by a defective product, we offer a
free consultation to advise you of your rights.
More questions? Call Henderson & Futchko, P.A. today.
If your particular question was not answered above, we encourage you to
contact us as soon as possible. We would be happy to provide you with the information
you need to become informed about your rights and legal options.
Henderson & Futchko, P.A.
is here to help you move past a
personal injury. Our Brevard County personal injury lawyers have
helped over 2,500 clients in Melbourne and across Florida- you can be next!