Following a Florida Automobile Accident, the injury victim often 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 pursued by the injury victim. These damages include the following: past medical bills, future medical bills, past pain and suffering, future pain and suffering, and loss of earning capacity. Insurance may ultimately compensate an injury victim for these damages but the amount of compensation available and payable will depend on the insurance and type of injuries involved.
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With respect to medical bills, these expenses 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. Personal Injury Protection (PIP) typically pay 80% of the submitted bill. 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. Damages can come in different forms and can be difficult to determine estimate or value.
In the State of Florida, many people get confused by the term "No-Fault". In other words, I hear people make the following comment, "Florida is a No-Fault State so I cannot get compensation for my persona injuries and related damages." It is true that Florida has some laws and procedures in place that apply regardless of fault; however, it should be noted that injury victims in the State of Florida have a right to seek compensation for personal injuries resulting from the negligent driving of another person.
It is often 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. Compensation for pain, suffering, loss of enjoyment of life, and medical bills not otherwise covered by Personal Injury Protection (PIP) and Med Pay, can be pursued against the Bodily Injury (BI) insurance coverage and the Uninsured Motorist (UM) coverage or Underinsured Motorist (UIM) coverage. The value of the case will depend on the diagnostic testing, permanency of injury, and the short and long term impacts of the injury on the injury victim's life. From a practical standpoint, the value of the case may be affected by policy limits of the respective insurance policies. It should be noted that Florida only requires that a registered owner of a vehicle have Personal Injury Protection (PIP) and Property Damage coverage in place. As such, if a person is injured by a negligent driver who only carries Personal Injury Protection (PIP) and Property Damage coverage, the injury victim, in most instances, will not be able to collect anything from the at fault driver's insurance company except the damages related to the repairs of the vehicle or the total loss of the vehicle. This is a bit unfair to put the victim in this position; however, the insurance laws in the State of Florida are very minimal. As such, as a personal injury attorney, I always hope for the sake of my clients and potential clients that there is more than just minimal coverage in place for the at fault driver's insurance policy as well as the client's or potential client's insurance policy.
In most personal injury cases involving an automobile accident, insurance is often a very important factor to consider in the pursuit and value of the case. You can learn more about the types of insurance in place and the benefits provided in the book titled - Florida Automobile Accidents - Personal Injuries - Keys to Protecting and Enforcing Your Legal Rights. This book has chapters on Medical Treatment an Follow Up, Insurance Issues and Common Questions, Florida Automobile Accidents - Case Types, Florida Automobile Accidents - Types of Injuries, and other topics. You can get this book for free at Florida Automobile Accidents.
Contact David Wolf for a Free Consultation. With over 30 years of experience, attorney David Wolf can provide you advice, guidance, and legal representation in the aftermath of an automobile accident. David Wolf believes in Giving a Voice to Injury Victims and Their Families.