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Serving Orlando and Throughout Florida
Wooten Honeywell News Briefs – Vol. 3
Do I Need Uninsured Motorist (UM)Coverage?
If someone is injured in an automobile collision in the United States the chances are about one in seven that the driver at fault is uninsured. According to a recent Insurance Research Council (IRC) study, the estimated percentage of uninsured motorists increased nationally from 12.7% in 1999 to 14.6% in 2004. However, in Florida the likelihood is almost one in five that the at-fault driver is uninsured. Florida is one of the states with the highest uninsured driver populations with 19% of its drivers without liability coverage.
I have no fault insurance (PIP) so why do I need uninsured motorist coverage?
PIP or no fault coverage is mandatory and carries a $10,000 limit in Florida but the term “no fault” can be confusing. It is used to describe an insurance system in which each driver’s own insurance company pays for their driver’s losses, regardless of fault and typically provides payment for a portion of the medical expenses and lost wages, as well as some out-of-pocket expenses. However, there are many types of losses suffered in more serious collisions that are not covered by your no fault benefits.
Uninsured motorists coverage becomes important when you or your passengers are injured in a collision caused by a driver who has no bodily injury liability insurance coverage, or insufficient bodily injury liability coverage. Your uninsured motorists coverage covers the following expenses: medical expenses and lost wages not fully paid by your no fault coverage, future medical expenses and future wage losses, and non-economic damages such as disability, pain and suffering, and the loss of ability to enjoy life. Also, this coverage ‘travels’ with you, providing protection for these losses even if you are not in your own insured vehicle.
Insurance companies who sell insurance in Florida are required to offer uninsured motorists coverage but this coverage is not mandatory and you may reject this coverage. If you choose to have uninsured motorists coverage and you want to insure multiple cars, you must select the same limit for each car. Also, the limits you choose for your uninsured motorists coverage can be no more than the limits of your bodily injury liability coverage.
The number of vehicles insured also affects your uninsured motorists coverage. Your uninsured motorists policy limits for each motor vehicle described on your policy are added together (stacked) to equal the total amount of uninsured motorists coverage available to you. For example, if you request $100,000/200,000 in bodily injury limits, and you have two vehicles insured on your policy, you have $200,000/400,000 in total UM coverage (100/200 times 2). Many people who have uninsured motorists coverage do not realize they can get higher limits. Simply purchasing the minimum uninsured motorists limits offered by your company does not provide you with “full” coverage.
It is obvious that a good number of drivers on Florida’s highways do not carry liability insurance and many who do have this coverage have very low limits. Most insurance agents fail to adequately explain the importance of this affordable low cost coverage. Uninsured motorists coverage should be considered one of the most important pieces of your self-protection insurance package.
10 Things Your Hospital Won’t Tell You
As medical malpractice lawyers , we have seen many cases of medical negligence or malpractice by physicians and/or medical facilities. And while we are here to assist you in getting appropriate compensation for injuries you may have sustained as a result of medical negligence, we would much prefer that you never have to experience the pain and suffering associated with these types of errors.
So, before you or a loved one enter a medical facility for any type of procedure, please consider the following potential problems or areas of concern:
1. Errors in treatment
Errors in medical treatment have become a serious problem for hospitals and patients in recent years. These errors range from incorrect medication to operations on wrong body parts. Approximately 1.5 million patients are harmed each year by being given the wrong drug. The reason the margin of error is so high in America’s hospitals is because only 10% are fully computerized and have access to a central database to track allergies and diagnoses. If you are a patient in a hospital, you should make sure you have a friend or family member at your side to take notes and make sure the correct medicines are being dispensed.
2. Infections
About 2 million people a year contract hospital-related infections while in the hospital, and about 90,000 die from these infections. The recent increase in antibiotic-resistant infections and the rising cost of health care have spurred the health care community to implement measures to reduce infections, such as using clippers instead of a razor when shaving surgical sites and giving antibiotics before a surgical procedure and stopping them soon after to avoid drug resistance. One easy way for you to reduce the risk of infection when you are in the hospital is to make sure any hospital staff that touches you has washed their hands. Also, tubes and catheters can be a source of infection, and should be removed as soon as medically possible.
3. Finding the person “in charge”
When in the hospital, getting the attention of the right person to answer your questions can be difficult, and it is also hard to tell who is in charge of your medical care. It is important to know the chain of command in the hospital, get names of staff, know your attending physician’s name and telephone number, and in an emergency, demand to speak with a nurse supervisor, the highest ranking staffer who is usually immediately available.
4. Hospital bills are negotiable
Medical bills have become a major cause of bankruptcy in the United States. Medical bills that go unpaid are sent to a collections agent, who will take up to 25% of whatever is reclaimed, which gives the consumer a bargaining tool when dealing with the hospital billing office. If you are unable to pay your hospital bill, speak with someone in the patient accounts office or the financial assistance office - ask for a payment plan or a discount. Hospitals are often willing to work with patients to get the bill paid - you just have to ask!
5. In and Out-of-network providers
Before you go in to the hospital for an elective procedure, make sure all of the physicians that will be involved (surgeon, anesthesiologist, pathologist) are on your insurance plan. If they are not, speak with the scheduling nurse in your surgeon’s office to help you find physicians covered by your plan. If you find yourself in the hospital for an emergency, call your insurance company as soon as possible to discuss the options to resolve the issue. If you have no other option but to be “out-of-network,” call the hospital billing office and the billing offices of the specialists to negotiate the final bills.
6. Watch out for billing errors
After leaving the hospital, you should ask for a copy of your itemized bill, with all “miscellaneous” items clearly defined. You can also ask the billing office for a key to decipher the codes for each charge. Usually billing errors are due to clerical mistakes, such as transposing a number of a billing code. If you find mistakes on your bill, contact the hospital billing office immediately to have the errors corrected.
7. All hospitals are not the same
When choosing a hospital for a procedure or to have a baby, there are certain things you should know about your prospective hospital. You should contact the nurse supervisor at the hospital and find out the nurse-to-patient ratio, since low nurse staffing has been shown to negatively affect patient outcomes. You can also contact the hospital’s quality control or risk-management office to get infection statistics. Also, a hospital may be great for having a baby, but not so great for an open-heart procedure. You should make calls to find the hospital with longest track record, best survival rate and highest volume in the procedure you are having.
8. Avoid the ER, if you can
As anyone who has ever been to the emergency rooms knows, emergency rooms are often over-crowded. Many of this country’s emergency departments are overburdened, under funded and not equipped to handle disasters. The reason for this is the number of people now turning to the emergency room for primary care. Some tips to make your emergency room trip more bearable: Avoid the ER between the hours of 3 p.m. and 1 a.m., the busiest shift. The best time to go to the ER is typically between the hours of 4 a.m. and 9 a.m. If you are really ill, be sure to check in with the triage nurse manager, not just the front desk clerk, as the triage manager can expedite care.
9. Avoid the hospital in July
The mortality rate rises 4% in July and August for the average teaching hospital. The reason behind this rise is simple: July is the month when medical students become interns, interns become residents, and residents become doctors. In other words, a good amount of the staff is new on the job in July. Also, when scheduling a procedure try to set it early in the week and first thing in the morning. Doctors will be at their best and schedules will not be backed up.
10. Your medical records may not be private
Even though there are privacy standards in place, in some cases the law allows for your medical information to be released without even asking or notifying you. Hospitals can disclose information regarding your treatment to other doctors and health insurance companies for payment purposes. You are entitled to review your medical records, ask for a copy, and even ask for necessary changes to your records.
Firm Highlights
Mike Damaso coaches Barry University Students in Mock Trial Competition
Having competed in mock trial competitions while a law student at Barry University, Mike supported his alma mater by coaching two teams, along with local attorney Fermin Lopez, for the “2007 American Association for Justice Competition.” The two teams competed in separate regional competitions on March 1-4, 2007, Las Vegas and Seattle.
The Las Vegas team won the region defeating California Western in the championship round and advancing to the sweet sixteen out of 224 team. In the words of Professor Mitch Frank, Barry’s Trial Team Faculty Advisor, the Seattle Team “was in its own way an equally amazing story.” None of the four students had prior advocacy experience and advanced to the regional semifinal round.
The Las Vegas team now advances to the National Competition and on March 29 in New Orleans and will compete against the fifteen other regional winners from law schools across the country.
Congratulations to both teams, Mike, Fermin, and Professor Frank – looks like Barry University will be the team to beat!
Awards & Recognitions
The Hispanic Bar Association of Central Florida recognized our firm as its Law Firm of the Year for 2006 for our contributions and support of their organization.
5 Year Service Awards:
- Jeannette Rodriguez – Assistant to Council Wooten, Jr.
- Kristen Soucy – Assistant to Orman Kimbrough, Jr.
Previous Newsletters
- Wooten Honeywell News Briefs – Vol. 1
- Wooten Honeywell News Briefs – Vol. 2
- Wooten Honeywell News Briefs – Vol. 3
- Wooten Honeywell News Briefs – Vol. 4
- Wooten Honeywell News Briefs – Vol. 5
- Wooten Honeywell News Briefs – Vol. 6
- Wooten Honeywell News Briefs - Vol. 7
- Wooten Honeywell News Briefs - Vol. 8
- Wooten Honeywell News Briefs - Vol. 9
- Wooten Honeywell News Briefs - Vol. 10
- Wooten Honeywell News Briefs - Vol. 11
- Wooten Honeywell News Briefs - Vol. 12
For More Information About Our Firm, please see:
Credentials / Community Involvement/Our Attorneys
Orlando Personal Injury Lawyers
(800) 235-7060
Wooten, Honeywell, Kimbrough, Gibson,
Doherty & Normand
Professional Association
236 S. Lucerne Circle at Delaney
Orlando, FL 32801