Personal Injury Archives - Abogados Law

Don’t Drown! Pursue Insurance to Cover Your Personal Injuries.

admin — Thu, 20 Jul 2023 16:53:18 +0000

Suffering a personal injury can turn your life upside down in an instant. From mounting medical bills to lost wages and emotional distress, the aftermath of an accident can be overwhelming. However, many people fail to realize that they may have a valuable resource available to them: insurance coverage held by the at-fault party. Pursuing insurance to cover your personal injuries is not only crucial for your medical treatment and financial recovery but also an essential step towards securing the compensation you deserve.

When you sustain a personal injury due to someone else’s negligence, it’s important to understand that the responsible party may have insurance coverage to compensate you for your damages. Whether it’s a car accident, slip and fall, or any other incident resulting in harm, the at-fault party’s insurance can provide a lifeline during your recovery. It’s essential to gather relevant information about the liable party’s insurance policy, including their insurance provider, policy limits, and contact details. Consulting with an experienced personal injury attorney can significantly assist in navigating the complexities of insurance claims.

Pursuing the at-fault party’s insurance coverage is a proactive step in seeking the financial support you need for your personal injuries. Insurance policies are designed to protect individuals from the financial fallout of accidents, providing coverage for medical expenses, rehabilitation costs, lost wages, and more. However, insurance companies are often profit-driven entities, and their primary goal is to minimize payouts. That’s where having a dedicated personal injury attorney on your side can make all the difference. At Black Rock Trial Lawyers, we can help gather evidence, negotiate with insurance adjusters, and advocate for your rights to ensure you receive a fair and just settlement.

Remember, your focus should be on healing and rebuilding your life after a personal injury. By pursuing insurance coverage to pay for your injuries, you can alleviate the burden of financial stress and secure the necessary resources to facilitate your recovery. We will guide you through the claims process, fighting tirelessly to maximize your compensation and hold the at-fault party accountable

Don’t hesitate to explore your options and contact us for legal representation to pursue insurance coverage. Together, we can help you regain control of your life and secure the justice you deserve.

Gil Sanchez, Esq.
CEO | Senior Trial Attorney
Personal Injury | Civil Rights | Complex Litigation | Business

The post Don’t Drown! Pursue Insurance to Cover Your Personal Injuries. appeared first on Abogados Law.

Just because they deny, don’t rely! How insurance companies denial of a claim should not stop you from fighting against them.

admin — Wed, 02 Nov 2022 17:48:57 +0000

We have seen and heard all of the catchy insurance commercials:

“Your in good hands with Allstate”,

“Like a good neighbor Statefarm is there.” or how can we forget the indelible gecko from GEICO.

Their marketing agencies have done a spectacular job to engrain in our brains with the catchy melody and slogan – even my 5 yr old hums the melody. It is all part of a master strategy to get your hard earned dollars with the illusion that when it’s time to cover a claim, they will. This could not be further from the truth.

Insurance companies have every angle covered on how they handle a claim. This includes knowing the percentage of claimants who will not proceed with a claim when it is denied. What adds insult to injury is that the claims adjuster have money to offer but won’t since the odds are on there side.

So what should you do if your insurance claim is completely denied?

Immediately hire an experienced lawyer that can handle your claim. However, the attorney has to be a litigation attorney. Insurance companies already have a database of which lawyers actually litigate cases. At Black Rock Trial Lawyers we benefit from our daily litigation practice in state and federal courts to get the insurance companies attention.

Filing suit and litigating the case is the only way to force the insurance company to pay attention to the claim. In a lawsuit we use discovery methods such as depositions and subpoena powers to obtain the information and documents we need to prove our case. As the insurance companies defense attorneys see that we are officially exposing their weakness, the checkbook begins to open up (but not completely).

Every case we litigate we are always

preparing to go trial. Some insurance companies will only offer their top dollar on the eve of trial. But the majority of the cases will settle at mediation.

It is frustrating to see our clients have to go through the agony of the unknown in a denied claim. But with a go-to trial mindset, we can turn a denied claim into a compensable one.

If you have had an insurance claim denied, contact us for a free consultation. We take these cases on a contingency retainer so you do not have to worry about paying any monies upfront to hire us (or to cover costs).

Gil Sanchez, Esq.
CEO | Senior Managing Partner

The post Just because they deny, don’t rely! How insurance companies denial of a claim should not stop you from fighting against them. appeared first on Abogados Law.

#5 Factors to Determine the Value of a Personal Injury Case

admin — Thu, 05 May 2022 05:02:04 +0000

Determining the value of your injuries in a personal injury case can be complex. On one hand, you have the tangible factors of calculating a personal injury case along with the intangible factors.

Here are the #5 factors that must be considered when valuing a personal injury case:

Medical Bills Incurred in the Past
Future Medical Treatment
Past, Present & Future Pain & Suffering
Loss of Past Wages
Loss of Future Earning Capacity

The tangible factors include things of certainty such as knowing the cost incurred for medical treatment. It is tangible because the medical provider provides a medical bill and it shows a balance, or if you did not receive a wage as result of missing work because of the injuries sustained.

Intangible factors are calculating past, present and future pain and suffering. You may ask how is this calculated? This is where an experienced trial attorney comes into play. In the closing argument at trial, the attorney presents a persuasive way that a jury should calculate pain and suffering based on trial testimony and evidence. As it turns out, the law does not give you a method of calculating pain & suffering, so it is up to the attorney to do that. It is critical to hire an attorney who already has jury trial experience.

At Black Rock Law, we have experience in personal injury jury trials. We leverage our experience to determine the value of your case and will fight to maximize compensation.

We have extensive experience in all aspects of personal injury from auto accidents, pedestrian accidents and premises liability. Common personal injuries include:

Neck and Back Injuries
Headaches and Traumatic Brain Injury
Ligament Tears
Bone Fractures

Under the legal system, an injured victim has the right to compensation. We help people obtain the highest possible compensation for those impacted by acts of negligence.

Our culture is defined by our CEO’s vision of pursuing your justice so if you have suffered an injury, please call us 24/7 for a FREE case evaluation at: 1-800-346-7752.

NO COST TO YOU UNLESS WE WIN!

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6 Steps to Proving Negligence

admin — Fri, 25 Mar 2022 18:55:03 +0000

Negligence is the failure of a person or company to use reasonable care towards someone (or something), resulting in injury or damage. In the legal world, you are entitled to compensation if you suffer injuries or damages because of someone’s negligence. However, the law is very specific as to proving negligence. We will now explain the four (4) elements/requirements of negligence through easy-to-understand examples in addition to two (2) additional steps to help secure compensation in your negligence claim:

#1: Duty:

A person who drives a car has a duty to operate their vehicle within a reasonable standard of care. This also means avoiding acts or omissions that could cause others harm. More specifically, a driver has a duty to follow the speed limit, not drink/text & drive or fail to stop at a red light. In a lawsuit for negligence, you must first identity the duty of the at-fault party.

#2: Breach of Duty

If a driver fails to stop at a red light, they breached their duty – simple! To put it another way, what would a reasonable person driving a car do if they are approaching a red light? Well, you stop! The way to actually prove the driver failed to stop at a red light is by gathering evidence in various ways such as the at-fault parties’ own admission, the injured victim’s testimony, video footage, eyewitnesses or the way the impact occurred.

#3: Causation

The direct cause of the accident was a result of the driver failing to stop at a red light and T-boning another car who legally passed through a green light. In essence, one bad act (blowing the red light) caused another bad act (hitting another car).

#4: Damages

The injured driver suffered injuries to their body (headaches, neck and/or back pain) and damages to their car resulting from the T-bone collision. Now, the injured party has to receive medical treatment (and accumulate medical bills) and pay for the fixing or replacement of the car. These are real damages, and the law allows the injured party to be made whole for damages suffered from the accident.

#5: Statute of Limitations

In Florida you have four (4) years from the time of the accident to file a lawsuit for negligence. Failure to do so will result in your inability to be compensated. So, even if you can prove negligence, if you do not do anything about it, then nothing will happen. Which leads us to the next part.

#6: Hire Black Rock Trial Lawyers

Do not go about the process alone. Although it is easy to explain negligence in a blog, it is difficult to do it on your own. Your insurance company and the at fault driver’s insurance company are not your friends. They are going to look out for their own interest and not yours. We are personal injury trial lawyers and will take cases before a jury of your peers. Insurance companies take us seriously and it helps us fight to obtain the maximum possible compensation for our clients.

Contact us for a free and confidential consultation to discuss your personal injury auto accident claim. It does not cost you anything to hire us. We are compensated only if we get compensation for you.

The post 6 Steps to Proving Negligence appeared first on Abogados Law.

FOOD INJURY BLOG SERIES 3

admin — Wed, 09 Feb 2022 10:33:40 +0000

Part III of III: #2 Legal Theories That Apply in Food Injury Cases to Obtain Compensation

Unfortunately many people who are victims of food injuries do not realize they have a claim nor the manner in which to be compensated. However, this is not the case.

An overwhelmingly majority of vendors of food products (i.e. restaurant, distributor, and manufacturer) have a General Liability insurance policy that covers food injuries.

The typical coverage is for one million dollars ($1,000,000.00) based on various legal theories.

Here are the #2 most utilized legal theories in food injury cases that are covered by General Liability insurance:

Negligence
Warranty

NEGLIGENCE

In the negligence cause of action against the entity responsible for the food injury you must: 1. Defendant had a duty to properly handle the preparation and serving of the food pursuant to rules, regulations and codes that govern such activity; 2. Defendant breached that duty by failing to properly following the various food preparation guidelines; 3. the failure to properly prepare and handle the food is what caused the food injury and 4. As result of the food injury, the victim suffered compensatory and non-compensatory damages.

WARRANTY

This is cause of action is known as an implied warranty of fitness for human consumption to food. It examines whether the food that caused the injury was to reasonable expectation of the customer and/or the food was “merchantable”.

Lastly, one of the key elements that must be shown is damages. Your injury and damages need to document medical records, medical bills, loss wages (past, present & future), pain & suffering (past, present & future), medical expenses (past, present & future).

Based on the above we can provide with a case value that we can assert and defend to an insurance adjuster or jury.

We are experienced personal injury trial lawyers in State and Federal Court. Insurance companies take us seriously. We fight to obtain the maximum compensation for you.

Contact us now for a free and confidential consultation to discuss your food injury case.

It does not cost you anything to hire us.

We are compensated only if we win.

We are here for you and your loved ones 24/7 because emergencies do happen.

Author: Gil Sanchez, Esq.

CEO & Senior Trial Attorney

Personal Injury | Complex Civil Litigation | Civil Rights

#FoodInjuryLaw #FoodPoisoning #FoodInjuryLawyers

#PersonalInjury #AutoAccidents #Slip&Fall #PremisesLiability #PedestrianAccident #BikeAccidents #Negligence #InjuryClaims #FoodInjury #Pain&Suffering #LossWages #EmotionalDistress #PropertyDamage #PersonalPropertyDamage #InjuryLawyers

#LitigationAttorneys #ProfessionalMalpractice #NegligentSecurity

Black Rock Trial Lawyers | (813) 254-1777 | BlackRockLaw.com

#PursuingYourJustice#

1 800 346 7752

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FOOD INJURY BLOG SERIES 2

admin — Wed, 09 Feb 2022 10:24:18 +0000

Part II of III: #5 Things To Do If You Suffer a Food Injury?

In Part I of this Food Injury blog series we talked about the #4 most common food injuries: Allergic Reaction, Contaminated Food, Objects in the Food and Burning caused by food. Now we will cover #3 things you need to immediately do if you suffer from a food injury.

#1: Seek Immediate Medical Attention

This is obvious but extremely important for your health and legal case. Food injuries can be life threatening. It is imperative you immediately go to a walk-in clinic, emergency room or telemedicine with your primary care physician.

Make sure you clearly write in the initial intake sheet and articulate to the attending medical provider what you ate, when you ate it, where you ate it and the adverse reaction it caused.

You also want to make sure that the medical provider is doing all of the available medical tests to determine cause of illness (i.e. bacteria from food etc.). This has to be clearly stated in the medical provider’s notes/chart.

#2: Immediately Submit a Customer Complaint Form

Do all that you can to submit a customer complaint form in person, by email or phone the same day of the food injury (or latest the next day). If you are not feeling well and can’t go in person than send an email through the vendor’s website or call the customer service line and report the food injury. Make sure you keep records of what you submitted and who you spoke too.

#3: Preserve the Evidence (food, pictures and receipt)

Documenting the food injury is critical. If you can, take pictures of the food or better yet preserve the food – please do it! Although gruesome, take pictures of any vomit, blood, burn or rashes (or just being in the ER). Lastly, try to keep a copy of the receipt (if they had the audacity to charge you).

#4: Request Medical Records

Medical records is the single most important evidence to prove a food injury case. It contains a report of what happened and the diagnoses. Make sure you request a copy of all your medical records from providers that treated your food injury.

#5: Call Us!

Timing in these cases is everything! It really is critical to preserve your potential for compensation to contact us immediately. We can assist in the filing the customer complaint and sending a letter of representation to headquarters. We will you handle the complexities that arise in food injury cases.

In Part III of III of our Food Injury blog series, we will discuss: #2 Legal Theories That Apply in Food Injury Cases to Obtain Compensation.

We are experienced personal injury trial lawyers in State and Federal Court. Insurance companies take us seriously. We fight to obtain the maximum compensation for you.

Contact us now for a free and confidential consultation to discuss your food injury case.

It does not cost you anything to hire us.

We are compensated only if we win.

We are here for you and your loved ones 24/7 because emergencies do happen.

Author: Gil Sanchez, Esq.

CEO & Senior Trial Attorney

Personal Injury | Complex Civil Litigation | Civil Rights

#FoodInjuryLaw #FoodPoisoning #FoodInjuryLawyers

#LitigationAttorneys #ProfessionalMalpractice #NegligentSecurity

Black Rock Trial Lawyers | (813) 254-1777 | BlackRockLaw.com

#PursuingYourJustice#

1 800 346 7752

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3 Reasons Why Insurance Companies Do Not Want to Fairly Compensate Your Personal Injury Claim.

admin — Wed, 09 Feb 2022 09:12:01 +0000

You would think that Insurance Companies want to fairly compensate you for your personal injury claim to avoid getting attorneys involved.

Unfortunately, this is not the case when you are not represented by an experienced personal injury attorney.

Here are #3 reasons why insurance companies do not want to fairly compensate your personal injury claim:

#1: Employee Benefits: Claim adjusters are given certain dollar authorization to settle a claim. If they continuously settle claims below the maximum authorization, they get salary increases and/or bonuses.

#2: Less Money to Generate from The Market: One of the primary way’s insurance companies make money is that they utilize premiums to invest in the markets. The profits generated from investments become one the primary sources of income for the insurance company. If they pay less claims than more money to put into the market.

#3: Unrepresented Claimants Are Easy Prey: Insurance companies have complex algorithms, stats and formulas to value a claim. However, someone who is injured and not represented will not have access on the ways to properly value a personal injury claim.

The above holds true whether you are making a claim on your own policy or against the at fault party’s insurance company.

Time and again I have seen this play out at initial consultations. The potential client tells me they had an accident several months before getting medical treatment, talking to the insurance adjuster and without an attorney.

The insurance adjuster makes a low-ball offer, and they refuse to budge telling them they should take it because it is a fair offer.

I explain to the potential client they are getting “dupped” and they should hire us to handle their claim. Almost always the potential client agrees to retain the firm and off to the races.

We immediately get involved, send the letter of representation to the adjuster and immediately they assign a new adjuster.

When it is all said and done, and the claim gets settled at pre-suit or in litigation, the value we brought to the client’s case is significant.

The most rewarding part is when the client is deeply thankful for securing them maximum compensation and avoiding potential financial disaster when they were unrepresented.

Moral of the story: hire a us!

We are experienced personal injury trial lawyers in State and Federal Court. Insurance companies take us seriously. We fight to obtain the maximum compensation for you.

Contact us now for a free and confidential consultation to discuss your personal injury case. It does not cost you anything to hire us. We are compensated only if we win. We are here for you and your loved ones 24/7 because emergencies do happen.

Black Rock Trial Lawyers | (813) 254-1777 | BlackRockLaw.com

#PursuingYourJustice#

Author: Gil Sanchez, Esq.

CEO & Senior Trial Attorney

Personal Injury | Complex Civil Litigation | Civil Rights

#LitigationAttorneys #ProfessionalMalpractice #NegligentSecurity

1 800 346 7752

The post 3 Reasons Why Insurance Companies Do Not Want to Fairly Compensate Your Personal Injury Claim. appeared first on Abogados Law.

#3 Must-Do’s If You Suffer a Slip & Fall

admin — Wed, 09 Feb 2022 09:09:08 +0000

A Slip and Fall can happen virtually anywhere, instantaneously and cause serious personal injury. Putting it simply, a slip and fall happens because someone negligently maintained the floor where the accident occurred. It was a failure to timely clean up liquid, a foreign substance, an object on the floor, or a defective floor.If you are injured because of a Slip and Fall at a business, commercial property or shopping plaza, we recommend you immediately do the following three (3) things to best protect yourself when making a claim against the business premises General Liability insurance:

Preservation of Evidence: If possible, do all you can to document the scene of the incident such as take pictures or video. I know this is difficult to do immediately after a slip and fall happens but documenting what caused the slip and fall can be crucial for your case.

File Incident Report: As soon as possible, request from an employee where the accident occurred for an Incident/Accident Report form so you can explain what occurred. If they don’t have one, take a piece of paper and describe what happened, date it, sign it, take a picture of it and give the original to the Manager. If you can do the above, call Corporate customer service or email them what happened.

Immediate Medical Treatment: It is crucial you go to the ER, urgent care or walk-in clinic to get checked out. This is important for your health and to properly document your injuries. Make sure you give details as to how the accident occurred and that they accurately document what you said.

All the above three (3) things you can do but do not go about the process alone.

We are experienced personal injury trial lawyers in State and Federal Court. Insurance companies take us seriously. We fight to obtain the maximum compensation for you.

Contact us now for a free and confidential consultation to discuss your slip and fall personal injury case. It does not cost you anything to hire us. We are compensated only if we win. We are here for you and your loved ones 24/7 because emergencies do happen. Black Rock Trial Lawyers #PursuingYourJustice.

1 800 346 7752

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10 Most Frequently Asked Questions by A Personal Injury Client

admin — Wed, 09 Feb 2022 09:01:22 +0000

The most important task that a Personal Injury attorney has at the beginning of a Personal Injury case is to clearly explain to the client the process.

After handling thousands of Personal Injury case intakes, we absolutely have concluded that a client who understands the process of a Personal Injury claim, will feel empowered and completely satisfied with the resolution of their case.

Based on this experience, we compiled the 10 Most Frequently Asked Questions by a Personal Injury client.

1. (Case Value): What is the value of my Personal Injury claim?

It is virtually impossible to answer this question at the very beginning of a case.

Why? Because the value of a Personal Injury case comes from the medical treatment received, medical bills, permanency of the injuries, loss wages, pain & suffering, future medical treatment etc. All this information typically comes once you have completed all your medical treatment.

However, once we receive all this information to calculate the value of your claim, there are various ways to calculate it.

We look at past jury verdict awards for similar cases, prepare our own jury award estimates or simply multiplying the total medical bills by 3 to 5 (depending on the type of case and injuries).

2. (Settlement Timeframe): How long will it take to settle my Personal Injury Claim?

We have settled cases as quickly as a few days to five (5) years (if it goes to trial).

Our experience shows that the average case takes 4 to 7 months to settle (assuming you settle this case without having to file a lawsuit).

Factors that determine when a case settles are: How fast the law firm pushes the case forward, the medical treatment of the client and obtaining all the evidence needed to value a claim.

If we feel that our client’s case is not getting a fair and reasonable offer to settle, we will recommend filing a lawsuit. Once the case is in a lawsuit, it can take between 6 months to 5 years to finally have a resolution.

3. (Medical Bills): How are the medical bills related to my Personal Injury case going to be paid?

The are various sources that can pay for your medical bills but ultimately the person or entity responsible to pay are the at-fault parties.

Unfortunately, the at-fault parties typically do not pay until the case is settled and once we receive the settlement proceeds, we pay your medical providers.

In the meantime, while you are receiving medical treatment, and depending on the type of personal injury case, your own auto insurance (PIP) would pay, health insurance, MedPay or a Letter of Protection (defers payment until case is settled).

4. (Statute Of Limitations): How quickly do I have to file for my Personal Injury claim?

Here are the Florida Statute of Limitations (meaning the deadline for you to file a lawsuit) for various Personal Injury claims:

4 years: Negligence Claims (i.e. Auto, Slip & Fall etc.)
2 years: Medical Malpractice
2 years: Professional Malpractice
2 years: Worker’s Compensation
2 years: Wrongful Death
2 years: Nursing Home
4 years: Assault & Battery

Despite these timeframes/deadlines to file a lawsuit, we recommend to immediately start your personal injury claim.

The above statute of limitations are subject to change by the Florida Legislature so make sure you ask us if these timeframes/deadlines still apply.

5. (Hiring & Paying Lawyer): How, when and how much do I pay my Personal Injury attorney and what documents do I need to sign in order to hire a Personal Injury attorney?

You do not pay any upfront money to retain our Personal Injury law firm. We are compensated only if we obtain compensation from you. If we do not secure you compensation, you do not owe us anything.

We also cover all upfront expenses. These expenses or case costs are reimbursed only if we secure compensation for you. If we do not secure compensation, you do not pay us anything.

We charge 33.33% of the total settlement if we settle your case. If we file a lawsuit, and the cases is litigated, our fee is 40%.

To make the representation official, you will be presented with a Contingency Retainer contract and Statement of Clients Rights (as required by the Florida Bar). We will fully explain these documents and you will be given all the time needed to review carefully these documents before you sign.

The good thing is that you have 100% control to terminate the contract at anytime and for no reason!

6. (Property Damage): Who can help me get my property damage repaired or replaced?

Not all law firms offer this service but we will handle fixing or replacing your car or personal property damaged in your Personal Injury case (at no cost).

7. (Medical Treatment): What doctors can I see who will treatment for my injuries and do I have to stop working while I am receiving medical treatment?

You have complete control over what medical providers

you want to see to treat your personal injuries. At your request, and your request only, we can provide recommendations on medical providers to see. However, very important for you to understand that ultimately you choose your medical provider.

If you are receiving medical treatment, ask your medical provider if you need to not work during this time. Go with your medical providers recommendation as it will not affect your claim.

8. (Health Insurance): Do I have to use my health insurance to pay for medical treatment related to my Personal Injury case?

You do not but you can. If you use your health insurance to pay for medical treatment related to your case, then that same insurance company will seek to get reimbursed for those payments.

If you are in an auto accident, your own auto insurance will use your PIP coverage to pay for the first $10,000.00 of medical bills (minus any applicable deductible).

9. (Point of Contact): Who will be handling my Personal Injury at your firm?

You hire a team to work for you. However, it is our Personal Injury attorney who is 100% charge and responsible for managing your case. You will always have access to your attorney and their team.

10. (Case Documentation): What documents should I give my Personal Injury attorney regarding my case?

Ideally, we will need the following documents: identification, police or claim report, claim numbers, health insurance card, medical bills, medical expenses, medical reports, pictures of your injury, pictures of your accident, video of any sorts, names of witnesses etc.

You can still hire us even if you do not have all of this documentation (as it can be obtained over time).

Conclusion

Although we identified 10 Frequently Asked Questions, there are an infinite amount more.

If you hire the firm, will guarantee that you will be explained in its entirety the Personal Injury process.

We work for you!

Our job is to educate you on the process, so you make the best possible decisions once it comes time for us to settle your Personal Injury case.

If you have suffered a Personal Injury, we can help. We are Personal Injury Trial Lawyers and will take cases before a jury of your peers.

Insurance companies take us seriously and it helps us fight to obtain the maximum possible compensation for our clients.

It does not cost you anything to hire us. We are compensated only if we get compensation for you.

Contact us for a free and confidential consultation to discuss your personal injury claim.

1 800 346 7752

The post 10 Most Frequently Asked Questions by A Personal Injury Client appeared first on Abogados Law.

What is Personal Injury Protection (PIP) in Florida?

admin — Wed, 09 Feb 2022 08:53:37 +0000

A personal injury can occur anytime, anywhere, and in many different ways. It’s completely unexpected and difficult to manage once a personal injury occurs.

One of the most common personal injuries is suffering an auto accident. This makes sense because in Florida almost everyone drives and has a car.

It is good to always maintain caution while driving and be a defensive driver. However, sometimes, it’s not enough.

Since auto accidents are inevitable, what can you do to protect yourself? In Florida, the law requires every driver of a car to have Personal Injury Protection auto insurance. Florida Statute 627.736 is the actual law that mandates PIP Coverage.

Let’s get to the details:

What is Personal Injury Protection (PIP)?

This car insurance covers you and your passenger’s medical expenses if you’re involved in a car accident. It is sometimes referred to as “no-fault insurance.” This is because it pays, regardless of who is at fault in the accident. Here’s how the Florida Highway Safety and Motor Vehicles describes PIP:

Before you register a vehicle with at least four wheels in Florida, you must show proof of Personal Injury Protection (PIP) and Property Damage Liability (PDL) automobile insurance. PIP covers 80 percent of all necessary and reasonable medical expenses up to $10,000.00 resulting from a covered injury, no matter who caused the crash. PDL coverage pays for damage to another person’s property caused by you or someone else driving your insured vehicle.

Is the PIP a legal requirement in Florida?

Yes. Florida is a “no-fault” state, which makes the PIP policy a legal requirement. Aside from covering 80% of the medical bills, the PIP payments also cover lost wages (60%), home care, and funeral expenses (usually worth about $5,000.00).

The coverage, however, has limits, meaning that each person has a limited amount that can be paid on them. The minimum PIP coverage required by lawis $10,000.00.

Facts about Florida PIP Insurance Coverage

Lost wages

In cases of lost wages, you must provide the “wage and salary verification.” Your attorney works with you to make it available and then it is filed with your auto insurance company.

14 Day Rule

For you to benefit from a PIP policy, you need to have received medical treatment within two weeks (14 days) of the accident with any of the following: ambulance, hospital, physician, chiropractor, dentist or nurse. You may also need to provide proof or evidence of expenses in this regard. It’s essential to keep your original receipts and prescription labels handy.

Emergency Medical Condition(“EMC”)

An emergency medical conditionis a medical situation where a patient’s health may be in danger if immediate medical attention is not provided.

Without this, you will not be able to receive more than $2,500.00 worth of benefits to cover medical expenses. You also need to have received treatment within 14 days to be able to claim the benefits.

Payment of Medical Bills

The insurer is required to pay 30 days after receiving written notice of details of the claims. They may, however, take an extra two months or so to ascertain the authenticity of the claims. This is usually in cases where they suspect foul play or fraud.

It Covers You Whether You’re At Fault or Not

This means that whether the accident is your fault or not, PIPcoverage applies.

It’s Comprehensive

The PIP insurance coverage goes beyond the policyholder. It also covers the passengers involved in the accident. Another interesting fact is that it covers the policyholder whether as a passenger, cyclist or even pedestrian.

Conclusion

Florida law requires every driver of a car to have PIP. If you are in an accident and it is not your fault, your PIP insurance coverage automatically applies.

To maximize your PIP benefits, contact us at anytime so we can assist in setting up your PIP claim and provide detailed explanations on your rights under your PIP policy.

We are personal injury trial lawyers and will take cases before a jury of your peers. Insurance companies take us seriously and it helps us fight to obtain the maximum possible compensation for our clients.

Contact us for a free and confidential consultation to discuss your personal injury auto accident claim. It does not cost you anything to hire us. We are compensated only if we get compensation for you.

1 800 346 7752

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