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Tag Archives: Personal Injury Attorney Miami

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

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.