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Injury FAQ

Personal Injury Frequently Asked Questions

Learn More About Your Options After an Injury

At Henderson & Futchko, P.A., we have represented more than 4,000 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. For more information, call our team today at (321) 320-7162.

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 coverage available.

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 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 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 & 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?

Henderson & Futchko, P.A. is here to help you move past a personal injury. Our Brevard County personal injury lawyers have helped over 4,000 clients in Melbourne and across Florida, and you can be next.

If your particular question was not answered above, we encourage you to contact us as soon as possible by calling (321) 320-7162. We would be happy to provide you with the information you need to become informed about your rights and legal options.

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