Car
Accidents - What is the Florida No-Fault Law?
In
Florida we have a "No-fault" law. That does NOT mean
that fault doesn't matter when you are involved in a car accident
or are hit by a car when you are a pedestrian or on a bicycle.
The law
simply means that some of your medical bills and lost wages
will be paid by your own insurance company, even if the other
party was at fault. No-fault also provides payment for prescriptions,
physical therapy, and even mileage for visits to the doctor,
pharmacy, or physical therapy. The payments may be subject to
a deductible, which you must reach before the benefits will
begin.
The "No-fault" law also may impact whether you are
entitled to additional benefits from the other party. An attorney
can tell you whether you meet those additional requirements.
Car Accidents - Who Will Pay To Fix My Car?
Even
though Florida has a "No-fault" law, that law has
nothing to do with who pays for the repairs or replacement of
a damaged vehicle. If the other party caused the collision,
they or their insurance company are responsible for the damage
to your car. If the other party has no insurance to pay for
your car, or if you cannot agree with them on the amount owed,
then your insurance company will pay under the collision coverage
of your policy. Collision coverage is optional so you have to
see if you have it on your policy. If you have collision coverage,
it may be subject to a deductible listed on the policy.
Car Accidents - Who Pays the Medical Bills?
Under
the "No-fault" law, you are entitled to have your
own automobile insurance company pay a percentage of your medical
bills up to a limit. The balance you can claim from the other
driver, but only if they were at fault.
If you have
health insurance, that may also provide benefits. It is usually
best to have your automobile insurance pay as many of the bills
as possible. When health insurance pays your medical bills,
you may be required to pay them back when you receive a recovery
from the party that was at fault. If you are on the job when
the collision occurred, your Worker's Compensation insurance
company will pay all of the related medical bills. Uninsured
motorist coverage may also be a source to pay medical bills.
It is important
that you choose the correct source to pay medical bills to maximize
the recovery you receive. Make sure that your attorney agrees
to help you in dealing with the medical bills as a part of your
case.
Car Accidents - Who Pays for Lost Wages?
Under the "No-fault" law, you are entitled to have
your own automobile insurance company pay a percentage of your
lost wages up to a limit. The balance you can claim from the
other driver, but only if they were at fault. Uninsured motorist
coverage may also be a source to pay lost wages not covered
by another source.
If you are
on the job when the collision occurred, your Worker's Compensation
insurance company will pay a percentage of your lost wages,
even if you were at fault. Private disability coverage may also
become available. It is important that you choose the correct
source to pay lost wages to maximize the recovery you receive.
Car Accidents - What is Uninsured Motorist Insurance?
Uninsured
motorist insurance (UM) provides coverage to you and your family
if the person that causes the injury has no insurance, or less
insurance than is necessary to compensate for the injuries.
UM from
your automobile policy protects you and family members that
live with you. The protection applies in your insured cars,
as a pedestrian, when on a bicycle, or when you or the family
member are in someone else's car. It also applies to passengers
in you car if you are involved in a collision caused by someone
else.
It is sometimes
difficult to determine how much coverage is available. In some
cases, the dollar amount of coverage can be stacked or multiplied,
depending on certain factors. An attorney that is knowledgeable
in UM cases will be able to determine the total amount of coverage
available by asking you a series of questions. You owe it to
yourself to get the best recovery possible.
Car Accidents - Am I Entitled to Pain and
Suffering Damages?
If
you meet certain requirements, you will be entitled to compensation
for your pain and suffering, in addition to your medical bills
and lost wages. Whether you get a recovery for pain and suffering
and how much that will be will vary from case to case. An attorney
experienced in these types of cases can determine whether your
injury will meet the requirements of the law.
Nursing Home Injuries - What if My
Loved One Is Injured?
Most
persons are in nursing homes because they cannot care for themselves.
If you have a loved one in a nursing home, you expect the home
to recognize this special situation of trust. As a result, nursing
home employees must treat residents with extra care and safety
to avoid injury. Common injuries include bed sores, broken bones,
or even death.
Nursing
home residents have special laws to protect their rights. If
a nursing home violates these rights, or fails to care for a
resident in a safe manner and injuries result, the nursing home
may be liable for the injury as well as attorney fees. Call
us for a free consultation if you have questions about the treatment
of your loved one. Delay in learning your rights or investigating
the claim may hinder the ability to prove this type of case.
Medical Malpractice - What if My Doctor Injures
Me?
The
laws in Florida concerning medical malpractice cases are strict
and make it difficult to bring a medical malpractice claim.
There are a number of steps which must be complied with or you
may lose the right to bring your claim. Malpractice claims also
have a shorter statute of limitations than other injury type
cases, so that delay may also cause you to lose the right to
bring your claim.
It is the
plaintiff, or injured person's burden to prove the case. In
order to do that you must hire experts in the medical field
to testify that the doctor did something below the accepted
standard of care, and that the conduct caused damages. In addition,
it is usually critically important to begin an investigation
early, to avoid the problem of lost or discarded records or
other evidence.
It is expensive
to investigate, prepare and hire experts, so that the damages
must be significant to justify bringing a claim. The doctor
will likely be defended by a team that has extensive financial
resources to hire the experts and do the research and investigation
needed to fight against your claim. Make sure that the attorney
representing you has the financial ability to compete with the
defense.
If you are
concerned that you or a loved one has been the victim of medical
malpractice, the first step is to get a free consultation with
an attorney so you know your rights before you speak with the
doctor or any hospital risk managers.
Personal Injury Not Caused By Automobile
Accident,
Nursing Home Negligence or Medical Malpractice
If you have been the victim of an injury as a result of a defective
product, a dog bite, a slip and fall on a slippery substance,
a boating accident, a motorcycle accident, or any other situation
caused by someone else's negligence, you may be entitled to
compensation for your damages. This may include compensation
for physical or emotional pain and suffering, inconvenience,
the loss of capacity to enjoy life, scarring or deformity, or
other related damages.
As with
any type of claim, it is best to know your tights before you
make any statements or speak with an insurance adjuster for
the other party. The adjuster will try to protect the insurance
company by looking for information that will reduce the value
of your claim.
We will
offer a free initial consultation to inform you of your rights.
We accept cases on a no recovery - no fee basis. We will not
charge costs if there is no recovery. We have a full-time investigative
staff and paralegal assistants to help investigate and prepare
your case. You owe it to yourself to get the most compensation
to which you are entitled.
Wrongful Death- What Rights Exist
When Death Occurs From Negligence?
The
loss of a loved one is a tragic event. No amount of money can
ever replace a parent, spouse, or child. When a family member
dies through the fault of another, the entire family suffers.
Under Florida law, survivors may include a spouse, children,
parents, or others, depending on the circumstances. As the survivor
in a wrongful death situation, you have the right to know what
happened and when someone is at fault, to receive compensation.
The losses
may include medical expenses, loss of earnings, the loss of
support, love, affection and guidance, as well as your grief
and suffering.
Since the
family member is not available to bring a case, the estate or
survivors are authorized by the law to do so. It is important
to act immediately to investigate the circumstances surrounding
the death. Any delay in investigating the circumstances and
identifying the responsible parties can result in the disappearance
of medical evidence or witnesses, thereby jeopardizing the claim.
Wrongful
death cases have a shorter statute of limitations than injury
cases, and also different restrictions and requirements. That
means that you must act sooner and comply with all of the specific
technical requirements or the claim may be lost forever. We
offer a free consultation so you will be informed of your rights.
Insurance Disputes- What if My Company Denies
Coverage?
If
an insurance company fails to provide coverage or benefits required
by their policy, you will have certain rights and certain responsibilities.
Those responsibilities will be defined in the policy. If you
fail to comply with all of the requirements, you may be denied
coverage, even if all premiums have been paid and the circumstances
would otherwise be covered.
Insurance
policies may also be controlled by state or federal law. It
is sometimes possible to make the insurance company pay any
attorney fees necessary to establish coverage. The insurance
adjuster handling the claim for the insurance company knows
the company's rights and responsibilities. A free consultation
with an attorney will inform you of your rights and responsibilities.
Sexual Harassment - What is Harassment and
What are My Rights?
A
person who is sexually harassed may be entitled to money as
compensation for damages. In harassment cases, special laws
apply and you may have specific rights that are different from
other types of cases.
It is best
to know your rights before you make any statements or speak
with a representative for the other party. Sexual harassment
can be by physical contact; or by words; or by an atmosphere
of inappropriate sexual conduct or photographs. If you believe
you have been harassed, you should speak with an attorney to
determine if the conduct is harassment, and if so, what your
rights are to protect yourself.
We will
offer a free initial consultation to inform you of your rights.
We accept these cases on a no recovery - no fee basis. In some
cases, we can get the other party to pay your attorney fee.
We will not charge costs if there is no recovery. We have a
full-time investigative staff and paralegal assistants to help
investigate and prepare your case. You owe it to yourself to
get the most compensation to which you are entitled.
Workers' Compensation - What if I am Injured?
As soon as you realize you have been injured on the job, you
must immediately inform your employer so that a Notice of Injury
can be filled out. You should do this no matter haw small the
injury may appear to begin with so that you have some proof
that your employer was notified, in the event the injury is
worse than originally thought. Failure to timely notify your
employer may be enough reason to deny payment of benefits. Benefits
are available for on the job injuries even if the injury was
your fault. Workers; compensation cases are different than all
other types of injury cases. Call and we can explain your rights
and provide a free consultation.
Workers' Compensation - How Do I Get Medical
Care?
You
should immediately obtain medical care by asking your employer
for permission to go to a doctor or emergency room. Your employer
is responsible for authorizing the medical care initially and
then their insurance company takes over. If your employer refuses
to offer medical care, we suggest that you immediately contact
an attorney who handles workers' compensation cases.
It is very
important to get authorization before receiving any additional
medical treatment or testing, as you may be responsible for
the bills if you do not do so. Recent changes in the laws have
placed limits on some types of medical treatment. An attorney
can assist you in obtaining proper medical care.
Workers' Compensation - What if Someone Else
Caused My Injury?
If
your injury was caused by someone other than you, your employer
or your co-worker, you may also be able to maintain a claim
against that person or company in addition to claiming workers'
compensation benefits. If you are successful in that claim,
the workers' compensation insurance company may be entitled
to repayment of benefits they have paid. An attorney familiar
with the workers' compensation laws can coordinate these benefits
to maximize your recovery.
Social Security Disability Benefits - How
Do I Collect?
If
you have a disability that prevents you from working, you may
be entitled to Social Security Disability Benefits. If you are
found to be disabled, you will receive a monthly check. Your
dependents may also receive benefits for your disability. The
amount will depend on what you have paid into the Social Security
system when you did work.
To determine
if you are disabled, your condition, age, education, and the
types of work you have done in the past will be considered.
The Social Security Administration has a large number of detailed
rules on what aspects of an illness or disease constitutes a
disability.
You
should also ask your attorney if they will take your case all
the way to Federal Court if necessary to get benefits for you.
You should be aware that only an attorney can take your case
all the way to Federal Court. Some persons and firms that claim
to be Social Security representatives, and appear to be a law
firm, are not. If the person that is going to represent you
will not agree to personally handle your case all the way to
Federal Court if necessary, then you may wish to find an attorney
that will.
We will offer you a free consultation regarding your claim.
If we represent you, we will only receive an attorney fee if
we get benefits for you.
