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Category Archives: Personal Injury Law

Personal injury is increasing day by day. People don’t know about laws and how to file claim & other things about it. You can read all here about it.

5 Factors that Help Determine if You Have a Personal Injury Case

Every car accident and personal injury case is different; therefore, the circumstances of your case will determine whether you should file a lawsuit for your car accident. While you should always speak to an attorney to get the official word if you have a case, there are a few factors you will want to consider before scheduling you consultation. Continue reading

How to Avoid Car Accidents?

Most of the people attribute car accident to ‘bad luck’ without recognizing that luck or sheer coincidence is a minor factor in car accidents. Most of the car accidents are a result of human folly, but still if you talk to most people who drive, a majority of them consider themselves to be excellent drivers.

A survey conducted by Allstate Insurance in 2011, highlights this tendency among drivers to rate their skills higher than they actually are. 64% people who were polled in the survey identified their driving skills as ‘excellent’ or ‘very good’. When the question asked was tweaked a little bit, only 29% of the people who took the survey rated their friends as very good drivers. This survey shows that drivers are more likely to attribute an accident to bad luck than the mistakes made by them.

Avoid-Cars-Accidents-Miami-Car-Accident-Lawyers

If we have to reduce the numbers of car accidents that take place, the first thing we need to do is to stop over estimating our driving skills. There are also a variety of ways through which you can reduce the probability of getting involved in a car accident

  • Health Condition– A of people don’t account for the ailments they might be suffering from which can affect their driving while estimating their driving skills. If you are suffering from a disease that hampers the way you drive or taking medications that make you drowsy, it’s best that you stop driving till the time you have fully recovered.
  • New Driver – You might be a new driver, mostly a teen, who lacks the necessary skills and experience to drive a car. If you evaluate your driving skills objectively and come to the conclusion that your driving skills might not be up to the mark, it’s strongly suggested that you enroll yourself at a driving school or take classes with a driving instructor. Your instructor will also let you know when you have attained the skills level required to be driving on your own.
  • Location Change – If you have recently shifted base from a sparsely populated area to a densely populated city or from a warmer location to an extremely cold place, chances are that you don’t have the necessary skills to drive in the changed location. Whenever you find yourself in such a situation, it’s a good idea to take some driving classes that focus on navigating in the city or driving in the snow etc.
  • Near-Misses – If you have recently had a near miss or you narrowly escaped a car accident or your friends and family are apprehensive of driving with you, it is a strong sign that you don’t have good driving skills. Giving up driving for a few days, practicing driving at open spaces and enrolling yourself for driving classes are the different ways through which you can improve and get your confidence back.

Amendments in Florida PIP Law

Personal Injury Protection (PIP) Law In Miami Florida

The Personal Injury Protection (PIP) Law in Florida used to be simple before January 1, 2013, when new amendments came into effect. Before that date PIP claims for injured drivers injured in a car accident used to be simple. If a driver used to be injured in an accident, he or she could just claim the benefits from his or her insurance policy for $10,000, the PIP covered 80% of their medical bills and 60% of their lost wages. After the amendment came into effect the way in which PIP benefits could be claimed and the amount for which it could be claimed, changed significantly.

PIP-Car-Accident-Lawyers-In-Miami-Floirda-672x372Now, if you get involved in a car accident, you MUST get a medical evaluation within 14 days, if you don’t then you can say goodbye to all the PIP benefits. This makes it extremely difficult for victims who suffer certain injury in a car accident to avail PIP benefits. What if you suffered a concussion due to an accident, which you avoided as a minor injury only to be diagnosed later with a serious brain injury? Well, if you didn’t go for a medical evaluation within 14 days following a car accident, your insurance company won’t provide you with PIP benefits.

Another change is that it is mandatory to get your first medical evaluation done by a licensed, Medical Doctor (MD), Osteopath (D.O.), Dentist, or Chiropractor. If an ailment is not diagnosed in your first medical visit, it won’t be covered by your PIP, which means complications that are diagnosed even on your subsequent medical visit within the 14-day period won’t be covered.

The new amendments to PIP also reduced the amount of coverage, whereas earlier, regardless of the injury you suffered, you could claim the full $10,000 in benefits, now that is only possible if you are diagnosed with an ‘emergency medical compensation’ or else the maximum benefits that you can claim is $2,500. An important thing to note here is that, a first medical evaluation by a chiropractor will automatically reduce the benefits you can claim to $2,500 as according to the law, chiropractors cannot diagnose an emergency medical condition.

Whereas earlier there was no kind of restriction on the kind of treatments that you could receive following a car accident, the new amendment specifically states that certain treatments won’t be covered from now on. For ex acupuncture and other traditional form of treatments like massage therapy are not covered by PIP now.

While the legislators passed these amendments saying that it will benefit the drivers by driving the premium amounts lower, the truth is that PIP premiums haven’t reduced significantly after these amendments were enacted and the only people who seem to have benefited from these amendments are the insurance companies.