> Boca Raton Wrongful Death Attorney – FAQ – West Palm Beach Personal Injury Lawyer

Frequently Asked Questions (FAQs)

Why do we have to use my insurance company if I did nothing wrong to cause the accident?

Even when our client is in an accident that is based on the negligence of another person, we still are able to make a claim for personal injury protection benefits, more commonly known as PIP. This is the classic "no fault" insurance the legislature designated to pay 80% of a person's medical bills and 60% of a person's lost wages, up to $10,000, whether the person is are at fault or not.

The short answer is that the client already paid premium dollars for this coverage and, if not used, the person who caused the accident will not be held liable for the damages PIP would have paid.

How much is my case worth?

This is one of the most difficult questions an attorney will get asked. Cases have value based on five areas assuming the liability issue, i.e. who was at fault, is clear. Plaintiff's in personal injury cases are entitled to five areas of damages. Those areas are as follows: (a) Past medical bills; (b) Future medical bills; (c) Past lost wages; (d) Loss of earning capacity in the future and (e) pain and suffering.

There is no tried and proven formula to determine exactly how much a case is worth and it really depends on how the evidence comes in on a case. More specifically, whether or not there are any inconsistencies in testimony, medical records and other issues which would allow the insurance company's lawyer to take away credibility from the injured party's case. However, based on our track record of trying cases in the State of Florida, we are generally able to come up with at least a "range of value" of cases after the attorney who is working the case has been able to get all the medical records and bills in and see how the client has progressed since the time of the injury. Even with all that information, it is very difficult to come up with an exact figure. Typically, a range of value based on our vast experience in handling these types of cases can be determined, once all the relevant information is gathered. To make a statement about value before all such information is received would be irresponsible.

What does a "letter of protection" mean in my case?

In many instances people do not have insurance coverage or their PIP benefits are exhausted. When that is the situation, some medical facilities and physicians are willing to take a "letter of protection." This is a document that gives the patient the ability to keep treating without paying for the medical bills at the time of treatment. These letters of protection typically, if accepted by the facility or physician, allow the patient to keep treating and once a recovery is made, the doctor or healthcare facility is reimbursed. However, it is always made clear to the client that even with a letter of protection in their medical file they are ultimately responsible for the medical bills in the event the case does not resolve as expected.

What is MMI and a permanent impairment rating?

When treating with a doctor, eventually we request a final narrative at the conclusion of your treatment. When we speak of conclusion of treatment, it means that when the treating physician has decided you are at MMI. This is an acronym for maximum medical improvement and simply means you are as good as you are going to get. That is not to say you are as good as you were before the accident, but your condition is stabilized and you have a loss. It is at that point that some doctors assign, and insurance companies request, a permanent impairment rating. This is generally done pursuant to the AMA guidelines.

I have "full coverage". Why am I not covered?

This statement is probably the most painful one that lawyers in our firm have to answer on a day to day basis. Typically, insurance agents will give a potential consumer a quote on whatever type of coverage the consumer asks for. "Full coverage" can mean a variety of things but, in an automobile insurance policy it would mean the policy includes the following coverage: PIP or no-fault, medical payment benefits and un/underinsured motorist coverage. The PIP coverage applies whether or not the consumer is at fault, the med pay benefits can make up the 20% of medical expenses PIP does not cover. Underinsured or uninsured motorist coverage allows you to collect from your own company in the event you are injured through the negligence of somebody who has little coverage or no coverage. Typically, we are asked this "full coverage" question in instances where a client has been injured by someone who has no insurance and based on what their insurance agent told them, the client thought they had "full coverage." It is unfortunate and is something we deal with on a day to day basis.

Frequently, our clients who thought they had "full coverage" have no (or minimal) uninsured motorist coverage and no medical payments coverage. Uninsured motorist coverage is perhaps the most important coverage you can carry, given the high percentage of drivers in South Florida with little (or no) bodily injury coverage. This coverage protects you and your family from such careless drivers.

How long will it take to bring my case to a conclusion?

The answer to this question also depends on the complexity of the case. In other words, the last thing we want to do is resolve a case while our client is still healing or does not have a good understanding of what their future medical condition will be in the future. Every lawyer's worst nightmare would be to allow the client to sign a release and then find out a short period of time later, they need more surgery or have massive medical bills still facing them. With that being said, typically the average negligence case is resolved within 12 months after being signed up by the firm, if litigation is not necessary. Naturally, that time range is subject to fluctuation depending on the facts of the case.

Why do we have to "file suit" and what does that mean?

Filing suit is the actual act of filing legal papers at the courthouse. This is done only with the client's permission after all reasonable efforts have been made to resolve the case in pre-suit period. Over the last 7 to 8 years the insurance industry has gotten extremely aggressive in defending the cases and we find ourselves in litigation more and more often. When a case is actually filed, that does not mean that you will one day be walking up the courthouse steps with one of our lawyers. Although most cases resolve before trial, there is a possibility that once your case is filed it can go to trial. However, based on our experience, we are able to keep the client educated as to their options during this entire process.

Why do I have to pay costs in the case?

Our firm uses the Florida Bar approved contingency fee contract. This contract allows for several options. In regard to fees, it allows for 33 1/3% recovery prior to the filing of a lawsuit and an answer being filed by the defendant as well as payment of costs by the client. Typically, we are able to keep costs down to a minimum in the pre-suit period and early litigation stage. However, as the case moves forward to trial the costs can be very extreme. This not something done by design on our part, it is just a fact of life in litigation across this country that once the insurance company gets involved in a case against the consumer, the costs run rampant. Our firm does have the resources to keep up with the insurance companies in regard to these costs, however, ultimately they are paid by our client in the event of a recovery.

I was involved in a car accident and was not at fault. The officer gave a ticket to the other individual. I have contacted the other party's insurance company, and it refuses to honor my claim because its insured has not given notice of the accident. Doesn't that insurance company have an obligation to pay my claim even if its insured does not report the accident?

The company is obligated to pay what the insured is legally liable for because of an accident. A ticket by itself is not evidence of 100% legal liability, therefore, in many instances the company may not have to pay for damages if their insured does not report the accident and cooperation in the investigation. There are many factors taken into consideration when evaluating liability claims. Each situation is judged on its own merit.

What is the minimum amount of insurance required by the State of Florida?

Any person who has a car in Florida for more than 90 days during the preceding 365 days, resides in Florida, is employed in Florida or has children in school in Florida must purchase personal injury protection ($10,000) and property damage liability coverage ($10,000). In addition, if the insured is involved in an accident, the Financial Responsibility Law, regulated by the Department of Highway Safety and Motor Vehicles, also requires bodily injury liability coverage ($10,000 bodily injury one person, $20,000 bodily injury one accident, or $30,000 combined bodily injury).

Why do I have to carry PIP if I already have health insurance?

Florida law requires every owner of a motor vehicle required to be registered in Florida to carry PIP to protect themselves in the event of injuries sustained in an automobile accident. This coverage is primary over any health insurance.

Is insurance required on motorcycles?

There is no statutory requirement to purchase insurance on motorcycles, except when a driver has to prove financial responsibility due to violations or failure to pay for damages they caused in an accident. However, lenders may require comprehensive and collision coverage to protect their interest.

What is comparative negligence?

Comparative negligence is a legal principle providing that the amount of a person's recovery from an accident is determined by the percentage of his contribution to the accident. In Florida, the percentage of the individual's negligence in the accident is usually subtracted from the amount he would otherwise recover, if the other person were 100% at fault. For example, generally a person 50% at fault can have his damages reduced by 50%,

How long does an insurance company have to settle an auto claim?

There is no specific time limit during which the company must come to a settlement agreement with an insured or a third party claimant. However, once the person and the company have agreed in writing upon an amount, the company must pay within 20 days or pay interest as provided by Florida Statute 627.4265.

Can an insurance company refuse to renew your policy based on the number of accidents made in the last three years?

An insurance company may non-renew your policy if you have more than one at-fault accident. If you have three or more accidents, regardless of who is at fault, the company may non-renew your policy. Please note, a company may non-renew for claims activity, regardless of accidents.

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