Unfortunately, auto accidents can cause severe, debilitating and permanent injuries. These injuries very often result in significant financial losses to the individuals involved and their families. Many times, injured parties are no longer able to work and provide for their families.
However, Florida law provides an injured person with the right to recover his or her damages from the responsible party. Typical damages include, but are not be limited to, pain and suffering, past medical expenses, future medical treatment, and lost wages. Additionally, the spouse of the injured person is entitled to recover for the loss of consortium or services of his or her spouse. Although money may never repair the damage to the injured party, it can at least ease the financial burdens created by the accident. The stakes are high.
If you or a loved one has been injured in an auto accident, our attorneys are pleased to offer a free consultation to discuss your case. We represent clients throughout the State of Florida. We have offices in Fort Lauderdale and Moore Haven, Florida. For a free case evaluation, call (954) 591-8261. You may also contact us by e-mail at info@truebloodlawgroup.com or by submitting your question and contact info here.
Common questions asked by our clients:
What happens after the accident?
Immediately following the accident, the insurance company will start an investigation. The insurance company will try to limit the recovery of the injured person to the lowest possible amount; that’s how insurance companies make money. As a result, most insurance companies have created specific procedures on handling auto accident claims; particularly in how the claim is handled in its early stages. During this time the insurance company will take recorded statements from the persons involved in the car accident, have the vehicles examined, have photographs taken, obtain police reports and try to establish the extent of the injuries by the claimant. Often insurance companies evaluate a claim and make an offer to settle within in a week of the accident’s occurrence; before injured parties have time to seek the advice of an attorney.
The insurance company offered to settle my claim. What should I do?
The insurance company wants you settle early for good reason. When a person is injured in an auto accident, it often takes many months to completely assess the person’s injuries. In many cases, only time and treatment can reveal whether injuries are temporary or permanent in nature. Thus, an injured party’s claim can only be evaluated once a qualified treating physician issues a prognosis. The State of Florida provides in most cases a four-year period of time in which to file a lawsuit on a claim which gives you sufficient time to fully evaluate your injuries and legal claim. Never sign an insurance company’s release before consulting a qualified attorney.
How does PIP coverage in Florida work?
The Florida “No-Fault” law is complicated and many drivers do not fully understand how this coverage works. The Florida “No-Fault” law requires each driver’s insurer to pay for non-economic damages, regardless of who caused the accident, provided that you can establish that your injury resulted in: (1) a significant and permanent loss of important bodily function; (2) a permanent injury; (3) significant and permanent scarring or disfigurement; or (4) death.
PIP policy limits are typically $10,000 but can be higher based on the auto policy coverage. Higher PIP coverage amounts can be purchased from your auto insurance agent.
For the most part, PIP allows you to see any doctor of your choosing. When visiting a treating doctor, you advise them that you are there because of an auto accident and provide them the information on your PIP policy. Your doctor submits your bills to PIP which will pay 80% of “reasonable and necessary” medical expenses until your reach your PIP policy limits. Unless you have Medical Payments (often called “MP”) coverage on your auto policy, you will be responsible for the remaining 20% of the medical bills. After your PIP policy limits are exhausted, you will begin to accrue an unpaid balance for the additional medical expenses incurred thereafter.
How much is my claim worth?
It is impossible for an attorney to give you an exact dollar value of an auto claim. To evaluate your claim we must consider many factors, including but not limited to: the extent and severity of the injuries suffered, any prior injuries suffered by the claimant, which economic losses that are recoverable, and the legal liability issues related to the accident. Furthermore, which court would have jurisdiction over a case can alter a claim’s value.
Insurance companies are experts at evaluating personal injury claims and settling them for the lowest amount possible. Litigation is often necessary to force the insurance company to offer a reasonable settlement amount.