Legal Q&A

Answer:

I’m sorry to hear about your accident. It appears as though your friend’s insurance company has accepted liability for the accident and is trying to meet with you to discuss possible settlement of your bodily injury claim.

Under PIP coverage in Florida, your auto insurance will be responsible for paying any related medical expenses at 80%, in addition to any lost wages at 60% (up to $10,000.00). In order for PIP coverage to pay, you need to be seen by a doctor within 14 days of the accident (do not miss this deadline).

The 20% co-pay of your medical expenses and 40% of you lost wages are considered economic damages, or out of pocket expenses. You have a right to claim these damages from the bodily injury coverage of the at-fault driver’s insurance.

Pain and suffering is known as non-economic damages, and in order to recover these damages, you need to show that you’ve met the threshold in Florida-which is primarily done by proving that you have suffered a permanent injury. This sounds more serious than it really is. Usually, a doctor can diagnose you with a permanent injury if you still continue to suffer from accident related pain or discomfort after a few months of treatment.

I recommend that you contact my office for a free consultation and complete analysis of your case before your meeting on Friday. If you decide to not to, it is extremely important that you DO NOT sign any documents (most importantly a release of liability) before consulting with an attorney. They may even offer to cut you a check then and there.

From my experience, a good attorney can, on average recover, 3 to 5 times the amount they will be offering you. The statute of limitations in FL for negligence is 4 years. There is absolutely no rush for you to settle your bodily injury claim without knowing the full extent of your injuries and future treatment. I look forward to hearing from you.