Personal Injury Video Law Tip
“There are several elements of damage when someone is injured in an accident. The recovery is based upon the past medical expenses, meaning medical expenses that you’ve already incurred; future medical expenses, which are medical expenses that you may incur in the future; lost wages and then future lost wages; possibly a future loss of earning capacity, meaning because you are injured, that you have lost your ability to earn income in the same capacity that you are earning income currently. As well, there is a pain and suffering element for past pain and suffering and future pain and suffering.”
– Dena Sisk Foman, Florida Personal Injury Lawyer at McLaughlin & Stern LLP in West Palm Beach
Additional Information Regarding What Legal Options are Available to Someone Injured in an Accident:
The options available to an injured party depend on the type of accident. If the accident is a car crash in Florida, then the driver is required to have Personal Injury Protection insurance (PIP) which provides a minimum of $10,000 available for medical expenses and lost wages. The at fault party’s insurance will not even come into play until the no fault benefits have been exhausted.
Often, people carry medical payments coverage in addition to the no fault coverage which provides another line of coverage available after a car accident. If the party carries medical payments coverage, then the bill will be covered at 100% (up to the policy limits) instead of 80% which is the coverage provided under Personal Injury Protection insurance. After the PIP has been exhausted, the party’s health insurance works like a secondary insurance and should cover medical expenses, pursuant to the terms of the insurance contract for medical bills thereafter. The health insurance will then assert a lien on any future settlement proceeds and expects to be paid back out of any settlement. If there is no health coverage, then some doctors will treat patients with an agreement from the injured party and the attorney stating that their bills will be paid out of any settlement proceeds.
If a party is injured in a slip and fall or on either business or residence of another, most of the time the party will either have to use their own health insurance or have an agreement with their doctor to be paid out of the lawsuit proceeds. Sometimes a property owner will have medical payments coverage that will provide a small amount for medical care.
Personal injury law video number 100041: Video: What legal options are available to someone injured in an accident?