Florida is a "No-fault" state. The 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 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 or if you are hit by a car or truck while on a bicycle or a pedestrian. The law does not apply to motorcycle accidents.

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 may have received a ticket for the accident. Call Henderson & Futchko, P.A. for advice or 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 for a 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 a motor vehicle accident, your insurance company must pay 80% of your 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.

If you were on the job when the accident happened, Worker's Compensation will pay a percentage of your lost wages even if you are at fault in the accident. There may also be other insurance coverages available to pay your lost wages. Also, if you were on the job at the time of your accident, Worker's Compensation should pay all of your related medical bills. If you have private health insurance it may also provide benefits. However, it is best if your PIP pays as many of the medical bills as possible, as you may be required to pay back your private insurance company if you obtain a recovery from the at fault driver. Henderson & Futchko, P.A. can help determine what coverages are available to you to maximize your allowable benefits.

Henderson & Futchko, P.A. can also help with any disputes that may arise with your PIP carrier regarding your benefits, including the termination of benefits by your insurance company. In many of these cases it is possible to made the insurance company pay any attorneys' fees caused by its wrongful termination of reduction of benefits.

What is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage provides protection to you and your family if the person who is at fault in the accident and caused injury has no insurance or 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 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. The attorneys at Henderson & Futchko, P.A. can determine the total amount of coverage available. We also strongly recommend that you purchase stacking UM coverage to provide maximum protection for you and your loved ones.

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Cruise Ship Injuries

What happens if I am injured while on a cruise ship?
If you or a family member is injured while on a cruise ship, there are special laws and provisions which apply. The most important of these are contained in the ticket for passage on the ship. There are usually strict provisions for a very short time in which to file suit on your claim, usually one year. There may also be requirements to put the cruise line on notice of your claim within months of its occurrence. If you fail to follow these provisions, your claim may be barred despite the seriousness of your injuries. Further, your claim can only be filed in certain courts in certain states. Henderson & Futchko can help you with these issues.

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Defective Products

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 their smallest parts, 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.The attorneys at Henderson & Futchko, P.A. have represented people hurt or killed by such products. If you or family member has been injured by a defective product, we offer a free consultation to advise you of your rights.

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Medical Malpractice

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 health care professional for malpractice. There are a number of guidelines which must be followed or you can lose your right to bring a claim. Further, malpractice claims have a shorter statute of limitations, or time in which the claim must be brought.The person injured by the malpractice of a health care professional must hire experts in the same medical field as the health care provider who caused the harm to testify that person acted below the appropriate standard. It can be very expensive to investigate and hire the proper health care experts to testify, so the injury suffered usually must be significant. This is especially so as the health care provider will be defended by an insurance company who 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 health care provider, please contact Henderson & Futchko, P.A.

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Other Personal Injury

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 talking to the insurance company for the other side, who may attempt to get "information" that can harm or reduce the value of your claim.The attorneys at Henderson & Futchko, P.A. offer a free consultation to advise you of your rights. We also accept personal injury cases on a no recovery - no fee basis, and do not charge costs if we are unable to obtain a recovery on your behalf.

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Slip And Falls

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 and pain and suffering. Also, some property owners and businesses have insurance which may provide coverage towards some of your medical expenses regardless of fault or negligence.If you have been injured in a slip and fall accident and desire a free consultation, please contact Henderson & Futchko, P.A.

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Social Security Disability

Can I Collect Benefits?
If you suffer from a disability that prevents you from working, you may be entitled to Social Security Disability benefits. The Social Security Administration has rules and guidelines that it uses to determine if an illness or injury or disease is a disability that prevents someone from working. It also considers your age, education, work history, and health in making its determination. If you are found to be disabled, you will receive a monthly benefit check. The amount of your monthly benefit will depend on how much money you paid into Social Security when you did work.It is important to remember that your case may need to be appealed to Federal Court for a determination of your eligibility to receive benefits. Only an attorney can appear in Federal Court. The attorneys at Henderson & Futchko, P.A. are admitted to practice in Federal Court in Florida. We only receive attorney fees if we obtain benefits on your behalf.

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Workers Compensation

Can My Employer Fire Me If I Am Unable To Work And If I Am Receiving Workers' Compensation Benefits?
No, the law does not permit you to be fired in retaliation for filing, or attempting to file, a workers' compensation claim. However, the workers' compensation law does not require your employer to hold your position for you while you are injured.

Do I Have To Settle My Case?
A settlement is when the company tries to negotiate a lump-sum payment in exchange for the employee signing a release, giving up rights to future payments. Settlements are not mandatory but are allowed if a workers' compensation judge approves them.

What If I Cannot Return To My Job?
If your doctor indicates that you cannot return to your former position, your employer may have a different position within your abilities. Keep in touch with your employer and your doctor. If you cannot return to work for your employer, you should contact the insurance company to request assistance. If you still are unable to return to work, contact the Department of Education, Division of Vocational Rehabilitation at (850) 488-3431 for free re-employment services.

What If The Insurance Company Denies My Claim?
The attorneys at Henderson & Futchko, P.A. have many years of experience dealing with insurance companies. Contact us at (321) 723-8262 for a free consultation about your legal rights.

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