North Florida Injury Lawyer Blog

When will I get paid for my medical bills, lost wages, property damage, and pain and suffering from a Florida Automobile Accident case? When a person is injured and otherwise suffers damages in an automobile accident case, there are are often questions involving the timing and amount of payment for the injuries and damages sustained in a automobile accident case. When will the medical bills paid? In an automobile accident claim, medical bills are typically processed or paid through PIP or Personal Injury Protection. Once the medical bills are properly submitted to the PIP carrier, the bills are paid within 30 days. However it should be pointed out that PIP ordinarily covers 80% of the medical bill. The remaining 20% of the bill that is not paid by PIP may be paid by medical / health insurance coverage. Depending on the medical provider the 20% that is not paid by PIP may be held as a balance pending the resolution of the personal injury claim. Some medical providers will require the payment of the 20% immediately or soon after the medical care is rendered. Because there are a number of Florida medical providers who accept PIP payments, a person of may be able to switch doctors if the person cannot afford to pay the 20% demanded by the medical provider. Most doctors who accept PIP payments will wait till the automobile liability claim or lawsuit is resolved in order to collect the 20% that is not paid up front by PIP.

Wage loss can be also be processed through PIP. PIP will pay 60% of the persons wage loss. The PIP insurance adjuster has 30 days to reimburse an injury victim for wage loss after the proper documentation is submitted to the insurance company. Typically, the PIP adjuster will require a wage history and physician statement or note as to the inability to work before processing the wage loss claim.

In many automobile accident and motorcycle accident cases, the PIP is exhausted or the PIP runs out before all medical bills and / or wage loss claims are paid. Most PIP policies provide for a cap of $10,000 for medical bills and wage loss combined. In other words, there is a total of $10,000 to cover medical bills and / or wage loss.

PIP coverage does provide for payment in a piece mail basis. In other words, medical bills and wage loss claims are processed and claimed in separate payments over time. Once proper documentation is submitted, the PIP carrier has 30 days to pay the claims.

While PIP does provide payment for medical bills and wage loss, there is typically a financial strain put on the injury victim. Because of the damages and losses caused by an automobile accident, PIP coverage is typically insufficient to fully and adequately compensate the injury victim. Because of this, the injury victim should seek compensation from additional sources of payment which may include bodily injury insurance coverage and Uninsured / Underinsured Motorist coverage (UM coverage).

Are lost wages recoverable to a injured motorcyclist or biker in a Florida motorcycle accident? In Florida, motorcyclists and bikers are the unfortunate victims of motorcycle accidents on Florida highways and roads. Many such accidents or incidents result in serious personal injuries to the motorcyclist / biker to the extent that the injury victim is unable to work for a brief or extended period of time. Can the injured motorcyclist / biker collect or pursue a claim for lost wages when there is a Florida motorcycle accident? The simple answer to this question is yes.

The injured biker / motorcyclist can pursue a claim for lost wages in the State of Florida; however, the issue becomes complicated when addressing the method, source, and timing of payment. Many motorcyclists / bikers do not have motorcycle insurance that provides cover or payment for lost wages when there is a motorcycle accident. Furthermore, most injured motorcyclists / bikers do not have a disability from work insurance in place at the time of a motorcycle accident. In most motorcycle accidents in the State of Florida, the injured motorcyclist must turn to or file a claim with the at fault driver's automobile insurance for lost wages. In most instances, lost wages are not paid piecemeal by the automobile insurance company. In other words, the automobile insurance company for the at fault driver / at fault owner will not make periodic payments to the injured motorcyclist or biker for lost wages. Because of this, a motorcycle accident can put a financial strain on the injured motorcyclist for lost wages.

While an insurance claim can be pursued by the motorcyclist or biker for lost wages, typically payment for such lost wages are made on a one time basis by the insurance company. This is typically done when the treatment is concluded and or when the case is settled. It is important for the injured biker or motorcyclist to have documentation in place to show lost wages. This m may include the following documentation: prior pay stubs, prior tax returns, prior W-2 forms, letters from supervisors, letter of disability from the treating physician, and other documentation.

Florida has specific laws, statues, and regulations in place regarding automobile accidents, motorcycle accidents, automobile insurance, motorcycle insurance, and other issues. Because the laws and application of the laws can be complicated, it is often times helpful to have the advise, consultation, and representation from a Florida Motorcycle Lawyer. A Motorcycle Injury Case can be handled on a contingency basis. In other words, if there is no financial recovery, there will be no attorney fees charged for the legal representation.

Product liability cases come in many different forms. What they all have in common is that a company or manufacturer has sold or distributed a defective product that causes harm, injuries, and damages to a consumer. Metal artificial hip implants have caused significant long term injuries and complications to thousands upon thousands of patients throughout the United States. Rather than improve the patient's lifestyle, these metal artificial hip implants have wreaked havoc upon the lives of patients and their family members.

A Florida Products Liability Attorney can assist patients with a case against a manufacturer or distributor when injuries are caused by a defective product. These cases are extremely complicated and it makes sense to contact a Florida Personal Injury Attorney for advice, consultation, and representation.

It has been reported that the metal - on - metal hip replacements are failing at a high rate. The hip replacements that were suppose to last 15 years or more are not having the longevity or success that were promised to the patients who underwent the invasive surgery to have a hip or both hips replaced. The hope of a better life has been replaced with disability, pain, and disappointment for many patients who have received the hip or knee placement and later suffered the complications and failures of these replacements.

It is estimated that the costs and damages associated with the failure of these hip implants are in the billions of dollars range. The financial repercussions go well beyond the medical care as jobs are lost, lives are changed, and family members are forever affected by a serious injury to a loved one.

The incidents have set off a financial scramble. Recently, lawsuits and complaints against makers of all-metal replacement hips passed the 5,000 mark. Insurers are alerting patients that they plan to recover their expenses from any settlement money that patients receive. Medicare is also expected to try to recover its costs.

The numbers and statistics are quite interesting and on a large scale. It is estimated that approximately 500,000 patients have undergone hip replacement surgery with metal on metal replacements. One product metal - on - metal product was even subject to a recall in 2010. The product which was distributed by Johnson & Johnson - DePuy Division - was implanted in approximately 40,000 patients. It has been reported that approximately 3,500 lawsuits involving this implant have been filed to see damages, compensation, and medical bills for the patients. See the High Costs of Hip Replacement Failures.

In Florida, damages for compensation can be pursued by the Personal Representative of the Estate of a person who died as a result of the negligence or fault of another person or business. These legal cases are governed or controlled by Chapter 768 - Florida Statutes. There are various forms of damages that can be pursued by the Estate / Personal Representative. These damages included a loss of Net Accumulations. The economics of a legal case can be very complicated and in some cases difficult to prove without proper documents, financial evidence, and expert testimony. A Florida Personal Injury Lawyer can counsel, represent, and advocate for family members pursuing a Florida Wrongful Death Act. Pursuant to Section 768.18 (5), Florida Statutes, Net Accumulations are defined as:

"(5) 'Net accumulations' means the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. “Net business or salary income” is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind."

Net Accumulations consider the living expenses of the decedent and what the decedent was able to save (if anything) over his or her income. For instance, if a person earned $100,000 a year but did not save any money during the year, the Net Accumulations based on these figures would be nothing. Net Accumulations are also problematic for a person who was unemployed at the time of death or retired at the time of death. Often times, the hiring of an economist or a C.P.A. (Certified Public Accountant) is necessary to calculate and prove up the amount of or estimated amount of Net Accumulations.

In Tobias v. Acott - 681 So.2d 905 (Fla. 4th D.C.A. 1996 -, the jury awarded the Estate in a Florida Wrongful Death case $150,000 in loss of net accumulation damages. The Fourth District Court of Appeal reversed this jury award since there was no evidence presented as to the decedent's income or salary let alone how much the decedent might have saved throughout his normal life expectancy. See also Arab Termite v. Jenkins - 409 So.2d 1039 (Fla. 1982).

In Clay County, Florida, a tragic helicopter crash was reported. The helicopter had departed the Mayo Clinic and was head to Shands Gainesville - Univesity of Florida. The Florida Times Union reported that Luis Bonilla (cardiac surgeon), David Hines (procurement techician), and a helicoperter pilot were onboard the helicopter that crashed into a thick pine forest in Clay County, Florida. The helicopter was heading to Gainesville to pick up a heart at Shands University of Florida. The helicopter was owned by SK Jets in St. Augustine, Florida. The Federal Aviation Administration (FAA), National Transporation Safety Board investigators, and local / State authorities will investigate the cause and preventability of this helicopter crash. Due to the helicopter crash, the window of time in order to use the heart and get it to the donee had lapsed.

It is tragic that the passengers and pilot on the helicopter died in such a manner. The very same people who devoted their lives to saving others with transplants and medical care lost their lives on a mission to transport a heart to a medical needy patient.

The investigation will review the prior inspection checks, wreckage, passenger and cargo load, weather, and other factors that may have caused or contributed to the helicopter crash. See Three Dead in Helicopter Crash After Leaving Mayo Clinic - Jacksonville, Florida.

Where should I get my automobile insurance? This is an excellent question and one that is often posed to me as an attorney who handles automobile insurance claims on a daily basis. There are many choices out there for automobile insurance. Some people select a company that the family has used for years. Others go with an insurance company that has clever advertisements and slogans. Whatever insurance you purchase, make sure that you know what kind of coverage is available and what kind of coverage you have. Do your homework and shop around for a competitive rate. Brightway Insurance is based in Jacksonville Florida and has offices throughout the State of Florida. Brightway Insurance agents are licensed to issue insurance policies for a variety of top rated companies. Daniel Miller is a Brightway agent with an office in Jacksonville, Florida. He works with individuals, family, and businesses throughout the State of Florida. You can read more about his agency at Jacksonville Brightway Agent. Whether you get a policy with Brightway or another agent, it is important to be covered and insured in the unfortunate circumstance that there is a Florida automobile accident.

In Florida, a case or lawsuit for the wrongful death of a person is controlled by Chapter 768 of the Florida Statutes and related case law. By Florida law, a wrongful death action is brought or filed by one Plaintiff on behalf of the estate of the decedent and the statutory survivors of the decedent. See Section 768.20 and Section 768.21, Florida Statutes. The Plaintiff in a wrongful death action is the personal representative of the estate. The personal representative can be a relative and / or a beneficiary of the estate of the person who was wrongfully or negligently killed by the negligence or wrongdoing of another person or entity. The personal representative is sometimes named in the will of the decedent. If there is a no will, a probate Judge can appoint a personal representative upon petition of a person seeking to act or serve as the personal representative of the estate. It is important to consult with a Florida personal injury attorney regarding wrongful death matters or issues because these type of cases can be and are complicated by a variety of laws and statutes on point.

The personal representative, who serves as the "figurehead" on the case, acts on behalf of the estate of the decedent and serves to seek damages for both the estate and the statutorily defined survivors of the estate which are set forth in Section 768.21, Florida Statutes. Here are the relatives who may seek damages for the death of a loved one in the State of Florida:

Surviving Spouse. If the person was married at the time of death, the surviving spouse can seek damages for the loss or the decedent's companionship and protection. In addition, the surviving spouse can seek damages or compensation for mental pain and suffering.

Minor Children. If there is a spouse, minor children can also be awarded or compensated for the loss of parental companionship, instruction, and guidance. In addition, a minor child can seek damages or compensation for mental pain and suffering from the loss or death of a parent. For purposes of Florida's wrongful death laws, a minor child is defined as a child under the age of 25 years of age.

Adult Children. If there is no surviving spouse OR if the decedent was single or divorced as the time of death, adult children, which are defined by the Florida wrongful death laws as children 25 and older, can seek damages and compensation for loss of parental companionship, instruction, and guidance. Mental pain and suffering can also be awarded to an adult child for the loss or death of a parent.

Parents of a Minor Child. Each parent of a minor child can recover damages or compensation for pain and suffering as a result of the wrongful death of a minor child which again is defined as a child under the age of 25 years old.

Parents of an Adult Child. Each parent of an adult child can recover damages or compensation for pain and suffering as a result of the wrongful death of an adult child assuming that there are no other survivors (i.e. a spouse or children of the decedent).

There is an exception for medical malpractice cases in the State of Florida. In order to be able to pursue loss of companionship and pain / suffering type of damages, there must be either a surviving spouse and / or minor children to be able to pursue these damages in a Florida medical malpractice case.

A fatal hit and run bicycle accident was reported near Cross City, Florida. The Gainesville Sun reported that Henry Thomas Knight, age 71, was hit by a vehicle on U.S. 19. The Florida Highway Patrol later responded to the scene and are conducting an investigation into the cause and preventability of this tragic bicycle accident. Police believe that a Chevrolet Pick Up Truck (2003 to 2005) may have been involved with this accident. The driver of the pick up truck fled the scene and FHP and local authorities are looking for the driver and the hit and run vehicle involved in this Florid bicycle accident. Investigators are asking local residents and others to be on the look out for a truck with a damaged right side-view mirror assembly. If anyone has information regarding this accident, contact Florida Highway Patrol (800-387-1290) or the Cross City Police Department (352-498-1374).

A Florida bicycle accident attorney can help the victim of a bicycle accident or his family with the various legal and insurance issues that arise with these matters. Often times, a bicycle accident involves issues involving liability / fault, application of traffic laws and statutes, medical bills, medical treatment, insurance, damages, and compensation.

Drivers should slow down and drive with caution when there are pedestrians or bicyclists in or near the roadway. Due to Florida's weather, pedestrians and bicyclists are out and about year round. There are a number of traffic rules and regulations in Florida. Most are set forth in Chapter 316, Florida Statutes. See Florida Traffic Rules, Regulations, and Laws.

Tragically, bicyclists and pedestrians suffer personal injuries and are sometimes even die due to the negligence or fault of drivers. In Florida, it is a crime to leave the scene of an accident when there are personal injuries. Often times, if a person involved in an automobile accident / bicycle accident stops at the scene of the accident, aid or medical care can be rendered in a more timely manner. Following the law can make a difference to the injury victim. Even if nothing can be done, Florida law requires that a person stop at the scene of an accident that the person was involved with.

Is my personal injury settlement taxable? In Florida when a person settles a Florida personal injury case, the proceeds from the settlement typically are not taxable for purposes of income tax. The net proceeds from the settlement are not taxable is because the settlement is considered a casualty loss. In other words, the a personal injury settlement is generally not considered to be revenue, income, or profit by any means. In some cases, it may be helpful to discuss the taxable consequences of a personal injury settlement with a CPA certified public accountant or a tax attorney with there are high dollars involved and the replacement of income may be part of the settlement. However in most injury cases the conventional wisdom is that the net proceeds from a personal injury settlement are not taxable.

There can be many challenges and complexities to an automobile accident claim or case in the State of Florida. Because of this, an injury victim will be well served to consult with and hire a Florida personal injury attorney on the case.

Am I entitled to pain and suffering compensation when I am injured in a Florida automobile accident? The answer to this question, like many legal questions, is "it depends". In Florida, there is a specific statute in place that addresses the issue of pain and suffering type of damages for injuries sustained in an automobile accident. When a person is injured in an automobile accident, a person can pursue a claim or case for pain and suffering type of damages if if the person suffers a permanent injury, disfigurement, and or scarring. See Section 627.737, Florida Statutes. The legal requirements for the entitlement to pain and suffering related damages are part of Florida's No-Fault Law. Many people injured in an automobile accident believe that there should be automatic compensation for the pain, suffering, loss of enjoyment of life, and inconvenience associated with an injury even if the injury only requires a brief admission to the emergency room and no further treatment. Unfortunately, Florida law is not dictated by common sense or fairness in all of its provisions. Because of the special provisions and laws associated with an automobile accident case, it is important for a person to consult with the Florida automobile accident attorney regarding issues like pain and suffering related damages. Who determines if a person suffers a permanent injury? Typically, the treating physician or medical provider makes a determination as to whether a person suffered a permanent injury as a result of an automobile accident. Permanent injury does not necessarily mean that a person is unable to work, unable to function, unable to walk, and / or unable to perform activities of daily living. Permanent injury merely means that a person has suffered a personal injury that is not resolved over time or with medical treatment and according to a medical provider will affect a person for the rest of the person's lifetime. The AMA American Medical Association has a guidebook to impairment that doctors can utilize to determine if a person has suffered a permanent injury / impairment and the extent of the impairment or percentage of the theremin associated with the injury. It is important for a medical doctor providing care to an automobile accident injury victim to have knowledge of the AMA guidelines to be able to perform the evaluation and assessment as to whether a person is suffered a permanent injury.

When a person is involved in an automobile accident, insurance companies often times act quickly to obtain a statement and attempt to resolve the claim with the injured person. A small settlement is offered by the insurance company and a written release is submitted to the injury victim. Many injury victims unknowingly sign away their legal rights when they accept the small settlement and execute the release. Under Florida law, written release can effectively waive the legal rights of an injured person to receive additional compensation for automobile accident related injuries and damages. Many accident victim's have "buyers remorse" or regret after signing a release because their personal injuries turn out to be more serious than originally contemplated. After signing a release, if a person then seeks to obtain additional compensation from an insurance company, the insurance company will produce release and deny the request for further payment. Again, the signing or execution of her release can effectively waive a person legal rights, it is important to discuss the injury case with a Florida personal injury attorney before signing the release in before accepting any money for injuries from the automobile insurance company.

How much is my personal injury case work? This question is often posed to me as a Florida personal injury attorney by a client who has been injured in an automobile accident. At the beginning of most cases, it is difficult to estimate the value or even a value range for a personal injury case. The value of a personal injury case including an automobile accident case depends on a number of factors including the following: the amount of bodily injury insurance coverage, the amount of uninsured or underinsured motorist coverage, the availability of PIP (Personal Injury Protection) and Med Pay (Medical Payment) insurance coverage, the availability of health insurance, the total amount of past medical bills, the total amount of future medical bills, the total amount of past wage loss, the total amount of future wage loss, the loss of earning capacity, best pain and suffering, future pain and suffering, and the loss of enjoyment of life. With pursuing an injury claim, the value of a case increases with the severity of the injuries and extent of the medical treatment. For instance if a person has limited care and limited diagnostic testing and findings, the case may have a low value. On the other hand, if a case involves positive diagnostic testing, pain management, and the need for surgery, the case will have a significant value. Of course, there are many different types of cases out there and each case should be evaluated on its own merits. Since there are so many variables that can be utilized to value a case, it is important to hire a Florida personal injury attorney for advice, consultation, and representation. See Florida Automobile Accident Attorney.

Are There Time Limits Apply to a Florida Automobile Accident Case? The simple answer is "Yes". One time limit is referred to as the "Statute of Limitations" in Florida. There is a four-year statute of limitations to bring an action against a person or company at fault for injuries sustained as a result of an automobile accident. In cases against the uninsured or underinsured motorist carrier in Florida, the statute of limitations is typically five years from the date of the accident. The Statute of Limitations refers to the time limit that a lawsuit needs to be filed. The failure to file a timely lawsuit within the proscribed time limits may result in the waiver of important legal right. There are also time limits that apply to the reporting of claims to an insurance company if a person is involved in an automobile accident. Most insurance companies require an insured person to timely report a claim or accident to the insurance company and otherwise cooperate with the investigation of the automobile insurance company. The failure to timely report an automobile accident to insurance company may result in the denial of coverage. When person is involved in an automobile accident and sustains personal injury, it is often times helpful to retain the services of a Florida personal to get advice and direction as to the injured person legal rights to damages and compensation. Insurance companies have adjusters to protect their interests. An injury victim should also have qualified legal representation to protect and enforce their rights to damages and compensation for personal injuries. See Florida Automobile Accident Injury Attorney.

Bodily injury insurance coverage is optional coverage under a Florida automobile accident insurance policy. Bodily injury insurance is sometimes referred to as liability insurance. In other words in order to qualify for payment or benefits under a bodily injury insurance insurance policy there must be fault or liability proved against the the policy owner or a driver covered under the policy. Bodily injury insurance policies covering Florida vehicles range in policy limit value from $10,000 to over $1 million. Because bodily injury insurance coverage is optional and there are varied amounts of coverage, it is impossible to tell how much coverage or the type of coverage under any particular policy without first obtaining a copy of the declaration page and the actual policy of insurance. If there is bodily injury insurance coverage and there is liability on the part of the policyholder, does this mean that the insurance company will automatically pay the bodily injury insurance limits to the injured person? The simple answer is "Not necessarily". For instance, let's say there's a $100,000 policy in place. The injured person suffered a neck sprain or strain and the x-rays and the MRI results did not show any injury to the disc. At all likelihood, the insurance company will not pay pay out the policy limits in that case. On the other hand, if the person sustaining neck or back injury and an MRI results showed a herniated disc and a subsequent surgery was performed. In the second scenario, it is likely that the automobile insurance company will pay out the $100,000 policy limits. Valuing a case and pursuing a claim against an insurance company can be quite complicated. Because of this, it is important to get advice, consultation, and representation from a Florida automobile accident attorney as to the available insurance coverage and valuation of the case or claim.

When a person suffers injuries in a Florida automobile accident, there is often times of a dilemma for the injury victim. When should I return to work? Can I perform the duties of my job? Am I at risk for losing my job? Can I afford to stay out at work? When is the doctor going to release me back to work? These are all excellent and important questions that often times arise following a Florida Automobile Accident.

As a practical matter, most families rely on the paycheck for the injured person in order to sustain the household finances and budget. Even one missed paycheck can cause a serious financial strain on a family. Because of these financial strains, many automobile accident victims have no choice to return to work even if the work itself causes further pain and suffering. When a person returns to work, it does not mean that the injured person no longer has pain or problems related to the automobile accident. Ideally, an injured person will only return to work when properly released by the doctor. Furthermore, the injured person should only return to work if the person is able to fully perform his or her work responsibilities without having to deal with ongoing symptoms and complications due to the accident related injuries. What is ideal is not always so practical. Because of this, many injury victims work through the pain and do their best to hold onto their job and income despite the hurdles and challenges presented by the automobile accident related injuries.

It is possible to collect lost wages resulting from an automobile accident. However some policies like PIP policies do not pay 100% of wage loss. PIP policies pay 60% wage loss. With respective wage loss that is not covered by PHP, an injury victim can seek to obtain compensation through the bodily injury insurance policy or the uninsured motorist policy. Unfortunately, a person must wait for a settlement in order obtain compensation from these policies. Wage loss is just one of many topics that an automobile accident injury victim can discuss with a Florida personal injury attorney.

An injury victim of a Florida automobile accident will need medical treatment in order to evaluate, diagnose, and treat automobile accident personal injuries related damages. Typically, there are various medical providers in each community who are willing and able to provide medical treatment to injury victims in an automobile accident. There are also many medical providers who avoid these kind of patients because the medical provider does not accept PIP or Med Pay automobile insurance as payment. Furthermore, these medical providers typically do not want to get involve with medical care that may involve subsequent litigation. If a person has PIP (personal injury protection) insurance, there are typically a number of doctors who will accept this type of insurance as payment for ongoing treatment for injuries related to an automobile insurance company The type of medical providers who accept this form of payment in the community may include chiropractors, physical therapists, occupational therapists, massage therapists, neurologists, pain management doctors, medical doctors, orthopedic surgeons, neurosurgeons, family practice doctors, and physical medicine doctors. It is important for the medical providers to understand the necessary documentation and codes in payment schedules. In addition to PIP insurance, the medical provider may also be able to obtain payment through Medical Payment (otherwise known as Med Pay) type of automobile insurance coverage. If health insurance is available, the medical provider may accept health insurance for the medical care that is not covered by PIP or Med Pay insurance coverage. Finally, a medical provider may choose to provide treatment on what is normally called a Letter of Protection (LOP) or promise to pay.

It is typically a business and philosophical decision as to whether a medical provider will render care for an automobile insurance personal injury victim. The type of treatment provided and testing ordered should be left to the doctor within his or her discretion. A Florida personal injury lawyer can advise a client as to his or her legal rights, the value of the case, the available insurance policy limits, and the documentation that helps support the a claim or case for compensation for injuries and related damages.

Following a Florida automobile accident, an injury victim often times incurs significant bills, economic losses, and personal injuries. If a person is injured as a result of the negligence of another driver, damages and compensation can be pursed by the injury victim. These damages include the following past medical bills, future medical bills, past wage loss, future wage loss, past pain and suffering, future pain and suffering, and loss of earning capacity. Insurance may compensate an injury victim for these damages but the amount of compensation available and payable will depend on the insurance and type of damages involved. With respect to medical bills, these expenses are are typically paid by the injury victim's automobile insurance policy through the Personal Injury Protection (PIP) and / or the Medical Payment (Med Pay) portion of policy. When bills are submitted, the insurance company has 30 days to pay the bills. In Florida, PIP typically pay 80% of the submitted bill. Wage loss can also be processed through the PIP portion policy under the injury victim's policy. With respect to with respect to wage loss, PIP will typically pay 60% of the submitted wage loss claim. Other damages unfortunately are not paid on a piecemeal basis. For instance, pain and suffering and loss of enjoyment of life type of damages are typically only paid in a one time payment or settlement. Pain and suffering and loss of enjoyment of life damages are also referred to as non-economic damages. These type of damages are less exact than the economic damages like medical bills and wage loss. The Florida Statutes require that a person have a permanent injury and or significant significant scarring in order in order to recover non-economic damages. Damages can come in different forms and can sometimes be difficult to determine to estimate or value. It is often times helpful to have the assistance, advice, and representation of a Florida personal injury attorney in order to guide the person through the insurance issues, legal rights, and damages related to an automobile accident. See also Florida Automobile Accident Claims.

When should a lawsuit filed in an automobile accident case in the State of Florida? Because of the complexities of Florida's automobile negligence laws and insurance regulations, it is often times helpful to have the assistance of a Florida personal injury attorney when dealing with these issues and decisions. Should a lawsuit be filed immediately after an automobile accident? Typically, a lawsuit is not filed immediately following an automobile accident. In most automobile accident insurance cases or claims, it will take time to determine the extent of damages, necessary medical treatment, wage loss, and the extent of medical treatment needed for the automobile accident related injuries. It is also helpful to know in advance prior to filing a lawsuit the extent of automobile automobile accident liability insurance that may be available to compensate the injury victim for his or her past medical bills, future medical bills, past pain and suffering, future pain and suffering, past wage loss, and future wage loss. When the medical bills, records and related documentation are obtained on a particular accident case, a Florida personal injury attorney can better evaluate the extent of damages and the available automobile insurance coverage to make a determination as as to the proper course of action. In most automobile accident insurance cases, a pre-suit demand is sent to the automobile insurance carrier in order to attempt a pre-suit settlement for the client. Many cases are settled before a lawsuit is filed. However, some claims are not settled if the settlement offer is not sufficient to fairly compensate the injury victim. Under those circumstances (and assuming there is sufficient insurance), a lawsuit should be filed to enforce the legal rights to compensation of the injury victim. It can be a difficult decision to make between accepting the settlement offer and proceeding forward with a lawsuit and related litigation.

Before any decisions are made as to a settlement offer, the injury victim should discuss the case / claim with a Florida personal injury attorney. No releases should be signed until the injury victim is fully informed of the value of the case and legal rights to compensation. See Automobile Accident and Florida Accident Attorney.

Continue reading " When Should a Lawsuit Be Filed for an Automobile Accident in Florida? " »

In Florida, the at fault driver is legally responsible for the damages of the injury victim. In addition to the at fault driver, the owner of the vehicle is also liable to the injury victim under Florida law under the concept of the Dangerous Instrumentality Law. Florida law designated the use and operation of an automobile as a dangerous instrumentality. Therefore, under Florida law both the driver and the owner of the vehicle (even if the owner the vehicle was not present at the time of the automobile accident) are liable for the automobile accident automobile accident personal injuries and related damages. In addition to the owner and the driver the vehicle, an insurance company may be liable for payment of the damages related to an automobile accident to the injury. The automobile insurance company of the at fault driver / at fault owner cannot typically be sued directly for the accident related damages; however the automobile insurance company will be responsible to pay any settlement or judgment within the insurance policy limits. On the other hand. the uninsured or underinsured motorist insurance company of the injury victim or of the vehicle occupied by the injury victim can be sued directly for the accident related damages under certain circumstances. Automobile insurance laws and liability laws can be quite confusing and complicated. Because of this, it is important to consult with a Florida automobile accident as the issues related to liability (fault), damages, and insurance coverage.

In addition to the owner of the vehicle and the driver the vehicle, a company or business that employs a person acting within the course and scope of the employment can also be held liable for the injury victim's damages and losses. Under Florida law, there are also special provisions as to the liability of a parent when a teen under the age of 18 is negligent causes an accident. A parent who signs the parental consent form for a teen driver under the age 18 can be held liable regardless if the vehicle is owned by the parent or not.

In summary, there can be several persons / entities liable for the damages sustained by an injury victim when there is an automobile accident in the State of Florida. Depending on the facts and circumstances, the following may be liable for the injuries and / or responsible for payment of the damages sustained by the injury victim: at fault driver, at fault owner, parent of teen driver, employer of at fault driver, at fault driver's automobile insurance company, at fault owner's automobile insurance company, uninsured / underinsured insurance company for the vehicle occupied by the injury victim, and / or uninsured / underinsured insurance company for the vehicle owned by the injury victim. See also Florida Automobile Accident.

Continue reading " Who is Liable for Personal Injuries and Related Damages Caused by an Automobile Accident in Florida? " »

Is a parent liable for the negligent driving of a teenage child under the age of 18? This is an important legal issue that often times arises subsequent to a Florida automobile accident. The answer to the question is "it depends". In Florida, a parent is not automatically liable for the negligent acts of the child. It all depends on the facts and circumstances and the type of negligence involved. With respect to an automobile accident, a parent may be liable for the negligent acts of teenage child under the age of 18 if the parent signed the parent consent form for a child to operate a motor vehicle State of Florida. Florida law requires one parent to sign a parent consent form for any child to operate a motor vehicle State of Florida who is under the age of 18. Without this signed consent on file with the Florida Department of Highway Safety and Motor Vehicles, a child is not permitted to drive a motor vehicle in the state of Florida. Typically, the parent consent form is signed by the parent at the time that the teenage child obtain his or her learners permit or learners drivers license at the age of 15. The parent consent form is valid unless revoked in writing. The consent form forms the basis for liability to a parent for the negligent driving a teen driver from the age of 15 until the child's 18th birthday. It is important for parents to make sure that their children drive in a safe manner in pay close attention to traffic control devices, speed limits, road conditions, weather, and traffic.

In the State of Florida, there are specific rules, laws, statutes, and regulations regarding the payment of medical bills and medical treatment when a person is injured in an automobile accident. PIP stands for Personal Injury Protection and it provides for payment of medical treatment when a person is injured as a result of the automobile accident in the State of Florida. PIP is part of what is termed the "No-Fault" law in the State of Florida. In other words, PIP applies regardless of fault in an automobile accident. For instance, if a person as a result of a rear end automobile accident and the person suffers personal injuries, the PIP under the injured person's insurance would pay for medical bills. Many people believe that the PIP system in Florida is unfair because the medical bills get processed under the injury victim's automobile insurance rather than the at fault person's automobile insurance. While it may seem unfair and does not make complete sense from a common sense viewpoint, the PIP laws and regulations are what they are. Due to the complexities and nuances of PIP and the related insurance regulations, requirements, and procedures under Florida law, it is helpful to have a Florida personal injury attorney advise, consult, and represent an injury victim on these and other matters related to a personal injury claim. See also Florida Automobile Accident.

Should photographs be taken at a Florida Automobile Accident scene? The simple answer to this question is "yes". In the State of Florida, there are no laws to prevent a person from taking photographs of an accident scene on public street or roadway. Often times, photographs of the accident scene will provide that information regarding the extent of property damages to the vehicles involved in the accident and they also provide documentation it may also provide information as to property damage I left on the roadway as well as skidmarks, roadside, and road conditions. Photographs can be taken with a digital camera, regular camera, or a smart phone like an iPhone or a droid. Videos can also be shot of the accident scene and videos may provide additional information that may be use to pursue the claimer case at a later date. It is important following the automobile accident, it is important at the photographs and/or videos taken are properly store or printed out for future use in reference. It is oftentimes helpful to have the assistance and Council of it for a personal injury attorney when dealing with the aftermath of an automobile accident. For more information regarding Florida automobile accident see Florida automobile accident and Florida automobile accident attorney.

When there is an automobile accident in Florida, it is important to know the various Florida traffic rules and regulations. See Florida Traffic Statutes and Regulations - Frequency Asked Questions.

What is full coverage in the State of Florida? Often-times, clients will report that they have full coverage automobile insurance in the State of Florida. There is really no such thing as "full coverage" automobile insurance in the State of Florida. Florida requires that a person have property damage coverage and PIP or Personal Injury Protection coverage. All other types of coverage are optional. In other words, to comply with Florida's minimum mandatory requirements, all a person is required to have under Florida law is PIP and property damage. The other types of insurance coverage available are optional. These include the following: medical payment coverage, collision coverage, bodily injury coverage, and uninsured or underinsured (UM) motorist coverage. In many instances, a person, who is in an automobile accident, does not understand or realize the extent of the available insurance coverage. When purchasing insurance, it is important for a person to make sure that there is a clear understanding of the amount type of coverage available. A Florida personal injury attorney can also advise a person as to what insurance coverages are available in the State of Florida and what is advisable as to the amount and type of automobile insurance coverage. Insurance coverages and contracts after an accident can be complicated and confusing. Dealing with an insurance company following an automobile accident can be also be complicated and confusing. Because of this, it is important to consult with a Florida personal injury attorney regarding insurance matters and coverage following in automobile accident. See also Florida Automobile Accident.

When person is involved in a Florida Automobile Accident, a question often time arises as to whether the person should provide a statement to insurance adjuster. Some statements to insurance adjusters are required under the written terms of the automobile insurance policy. And some are not. Whether a statement is required under Florida law / insurance regulations or not, it is always best to first consult with a Florida personal injury attorney before speaking with any insurance company regarding an automobile accident. Insurance adjusters are trained to collect information for an insurance company to process claims. It is also an insurance adjuster's job to withhold payment or refuse payment on expenses that the insurance company determines were not related to an automobile accident or that the adjuster determines were unreasonable. Often times, an automobile insurance company takes a position that is adverse to the interest of the injured person. Because of this, it is helpful for a person to have legal representation when dealing with an automobile insurance company regarding accident related personal injury. If a person is contacted by an insurance company before he or she is able to retain the services of a lawyer, it is advisable to write down the insurance adjuster's information and politely tell the insurance company to that you will call adjuster back at a later time. It is at this point in time that the person should contact a personal injury attorney for further instruction and advice. For more information regarding insurance claims in automobile accidents, see Florida automobile accident and Florida personal injury attorney.

A tragic train accident / pedestrian accident was reported in Jacksonville, Florida. The Florida Times Union reported that a person was struck by a Northfolk Southern freight train underneath the overpass on University Boulevard near Phillips Highway. Since a death resulted from this incident, a full investigation will be conducted by local, state, and / or federal authorities. Tragically, this is the second railroad related death in the Jacksonville area within the last month. Another person was hit and killed on East Coast Railway tracks at the Emerson Street railroad crossing about a month ago.

Railroad safety is vital to every community. Drivers and pedestrians should pay close attention to railroad lights and gates. In addition, conductors and other railroad employees should pay close attention to railroad crossings and any other area in which drivers, bicyclists, and pedestrians may be present. See Tragic Railroad Death Reported in Jacksonville, Florida. See also Florida Train Accident - Daytona Beach Florida Resident Dead After Struck by Train See also What is the Federal Railroad Administration? How does it apply to personal injuries resulting from train accident?

In Florida and other States, driver distraction can come in many forms including reading while driving, texting, eating, e mailing, mobile phone usage, conversations, and behavioral issues with passengers. Whatever the cause - distracted driving can and does cause serious automobile accidents in the State of Florida. When a pedestrian is an unfortunate victim of distracted driving, the consequences can result in serious personal injurie, and, in some cases, death. The Florida Highway Patrol reported that a fatal automobie accident / pedestrian accident took place on Sesame Boulevard near 7 Wonder Trails. Josefina T. Reid was reportedly hit and killed by a distracted driver - Antonio Castanheira - who stated that he was distracted by his back seat passengers. See Palm Coast Pedestrian Struck by Distracted Drirver.

In Florida, it is important for drivers to proceed with the utmost caution and do their best to avoid incidents of distracted driving. Many accidents and tragic personal injuries and Florida automobile accidents resulting in pedestrian personal injuries can be avoided with more attentive driving. See Florida Traffic Rules. Regulations, and Statutes - Frequently Asked Questions.

An automobile accident in Marion County, Florida caused the death of Dr. William Canfield Evans, Jr. and injuries to a passenger. The unfortunate accident took place when Evans attempted a turn onto County Road 318 in front of a semi truck according to the Florida Highway Patrol. See Fatal Accident Reported in Marion County, Florida. Since a death resulted from this automobile accident, the Florida Highway Patrol and / or local law enforcement will complete a full investigation into the cause of the accident. The death of Dr. Evans, a longtime Florida resident, was certainly a tragic loss for his family, neighbors, and the community.

In Florida, drivers should drive with the utmost caution and pay attention to traffic and road conditions. See Florida Traffic Laws, Regulations, and Rules - Frequently Asked Questions. See also Florida Automobile Accident and Florida Trucking Accident for more information.

In St. Augustine, Florida, First Coast News reported that two people were recently bitten / attacked by a dog that was not restrained by a fence or leash. The dog bite incidents took place near St. Augustine High School. The incidents resulted in calls to the St. Johns County Sheriff's Office and the St. Johns County Fire Department as well as St. Johns County Animal Control. Dogs that are not restrained can be a danger to residents in the neighborhood, pedestrians, and bicyclists. It is important that all dog owners maintain control of their dogs and know where there dogs are at all times. Fences should be secured and other safety precautions should be maintained to otherwise control the dog. See Two People Bit by Dog in St. Augustine, Florida.

Dog leash laws vary from county to county. See Florida Dog Leash Laws - County by County. See also Florida Dangerous Dog Laws - County by County.

In Clermont, Florida and other cities, multi vehicle accidents can lead to serious personal injuries and in some automobile accidents - the death of a driver or passenger. One such accident was recently reported by the Florida Highway Patrol and the Orlando Sentinel. Kantilal Patel, a resident of Clermont, Florida, died as a result of this automobile accident. The accident started when a pick up truck driver crashed into vehicles stopped at a traffic light. See 78 Year Old Clermont Man Killed in a Chain Reaction Automobile Accident.

Many Florida automobile accidents can be avoided if drivers pay attention to traffic and road conditions. It is also important for drivers to obey or follow Florida traffic statutes and regulations. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

A fatal motor home - semi truck collision ( Florida trucking accident) was reported in Volusia County, Florida. The Florida Highway Patrol reported that Sandra Gentry was killed as a result of this Florida trucking accident / automobile accident. Like many accidents in the State of Florida, the crash took place on Interstate 95. Sandra Gentry was a passenger in a motor home / RV (Recreational Vehicle). It was reported that the motor home was heading Northbound on Interestate 95 and was towing a vehicle. A semi truck attempted to switch lanes and hit the driver's side of the motor home. This, in turn, caused the driver (Thomas Gentry) to lose control of the motor home. A crash then occurred which ended the life of Sandra Gentry. The driver of the tractor trailer fled the scene. It is believed that the tractor trailer was white in color. See Fatal Accident Reported in Volusia County, Florida.

In Jacksonville, Florida, a family and community are mourning the recent death of Christopher Thompson who died as a result of a Florida automobile accident on Beach Boulevard. News 4 Jax reported that 22 year old - Christopher Thompson - died when a driver crashed into Thompson's vehicle as the driver was fleeing the Jacksonville Sheriff's Office (JSO). The combination of the speed and the running of a traffic signal (red light) caused the untimely and tragic death of Christopher Thompson. Since a death resulted from this accident, a full Florida Traffici Homicide Investigation will be conducted by the Florida Highway Patrol and / or local law enforcement. Regardless of the results of this investigation, a life was sensibly lost due to the carelessness and recklessness of another person. See Florida Teen Charged with Homicide After Deadly Jacksonville Crash.

It is important that drivers obey Florida traffic rules, regulations, and statutes. See Florida Traffic Statutes and Regulations - Frequently Asked Questions.