In order to understand Personal Injury Law, one
must first understand that Florida has adopted a
no-fault insurance system in which a person
receives payments for injuries or damages from
their own insurance company regardless of who
is the at-fault party. A no-fault insurance system
allows those people who are injured in an auto
accident to receive payment for medical, disability,
or death expenses in a timely manner, without
having to resort to suing in court.
Automobile Insurance
In the State of Florida, each person who operates a
vehicle for more than ninety (90) days must have
what is known as Personal Injury Protection, or PIP.
The minium PIP coverage by law is $10,000.00. PIP
insurance covers the insured, the insured's relatives that
are residing in the same household, anyone driving or
riding in the insured's car, and anyone not in a motorized
vehicle who is hurt as a result of the use of the insured's
car. Bodily Injury (BI) coverage is insurance that covers
medical payments to the other party when you're at fault.
Assuming that the at-fault party does not carry BI coverage,
the injured party would then look to his insurance under
what is known as (UM), or Uninsured Motorist or Under
insured Motorist coverage. This is why it is extremely
important to have UM coverage. If the at-fault party has
limited bodily injury coverage, you would then look to
UM benefits under your own under insured motorist coverage.
A person's deductible under PIP coverage will vary from policy
to policy. You may carry MedPay coverage so that the
deductible would be covered. Florida motorists also must
carry property damage which will pay for the damage to
your car by the at-fault parties insurance company. An
adjuster will examine your vehicle, make a determination
of the amount to be paid, and send you a check.
What does your Florida insurance pay for?
PIP coverage pays for:
80% of reasonable and necessary medical
expenses up to $10,000
60% of lost wages and replacement services if there is
a disability
Mileage reimbursement
Prescription reimbursement
$5,000.00 in death benefits
It should be noted that PIP coverage is primary over
regular health insurance. Comparative negligence is a
legal principle which suggests that an injured party may
have been partly to blame for the accident. It is usually
calculated on a percentage basis, and is usually subtracted
from the amount one would otherwise recover.
What should you do if you are in an automobile accident?
If you are involved in an accident, you should write down:
The date and time the accident occurred.
The location.
Weather and road conditions, for example, was the day
or night foggy; were the roads slick.
Any other pertinent facts (example: witnesses, name,
address & phone number)
Go to a doctor and have a complete medical checkup
Consult an attorney
Listen to this personal message from Steven Lulich about Automobile Accidents
Always notify the police and your insurance company
when an accident occurs. The responding officer will
take down the pertinent facts in addition to citing the
at-fault party at the scene. He will fill out and file an
accident report with the police department, and such a
report can be an invaluable tool when dealing with
insurance companies. PROTECT YOURSELF -
KNOW YOUR RIGHTS. Insurance companies
generally have two (2) philosophies, pay nothing, and
if you have to pay, pay as little as you have to.
Why have an attorney?
A successful personal injury claim has two (2) components;
Damages (the injury to you) and Liability (who is at fault).
An attorney who handles personal injury claims will be
able to evaluate if a successful claim can be brought, and
how much the insurance company should pay to you, the
injured party. Remember, the insurance adjuster works
for the insurance company and is looking out for their
interest. PROTECT YOURSELF. The experienced
attorney will interface between you and the insurance
company, protecting your interest and preserving your
rights.
How does a Case Proceed? After the attorney has
investigated your case, he will gather all the medical records,
and any other pertinent facts which will help him build a case.
When all the facts are gathered, he will then prepare what is
known as a "demand" letter, in which he will provide a synopsis
of the circumstances of the case. He will build the case step
by step; from the initial accident, to diagnosis of condition,
medical treatments required, and so on. He will include any
and all doctor reports, rehabilitative reports, and document
monies spent on travel and expenses such as prescription
drugs, and any medical hardware that might have been needed.
Contingency fee
Attorneys dealing with personal injury generally work on a
contingency basis, which means they will collect no fee until
the case is settled. This means that you will not be required to
pay money to the attorney up-front, if you decide to hire him.
If the attorney is unable to obtain money from the insurance
company for you, you owe him no money (NO RECOVERY,
NO FEE). Insurance companies generally pay more when there
is an attorney involved.
Slip and Fall Cases
If you fall in a grocery store, or anywhere else
where you are an invitee, winning the case depends
on whether the floor was slippery or whether there was a
structural defeat. Was there a sign indicating that it was wet?
If there was substance on the floor such as water, ice cream,
broken stairs or a hole in sidewalk, how long was the substance
or defect there? A long time? Then it may not be too difficult to
prove negligence.
What should you do if you slip & fall?
Immediately file a written incident report with the owner.
Immediately seek medical attention.
Seek advice of an attorney.
Listen to this personal message from Steven Lulich about Slip and Fall Cases
Medical Malpractice
Medical malpractice claims are among the most
complicated of all personal injury cases. A successful
claim must show that the doctor or medical provider
was negligent and that his or her negligence caused long
term damage and or that corrective surgery was necessary.
The attorney who handles these types of cases has to be
informed about the multiple procedures which need to
be addressed before filing a lawsuit. Additionally, the
attorney has to be knowledgeable about medical matters
so as to properly address the medical components involved.
An Affidavit is usually needed from a medical doctor stating
that the doctor initially involved was negligent before suit
can be brought. In order to know if you have a valid claim,
consult an attorney.
Listen to this personal message from Steven Lulich about Medical Malpractice
What is the statute of limitations?
In an auto accident, you must file a lawsuit within four (4)
years from when the accident occurred. The statute of
limitations are two (2) years on a medical malpractice suit.
The party must bring suit within two (2) years from when
the incident occurred or from when the victim became aware
of the negligence.
Airline and Railroad Accidents
Airline and Railroad accidents take on many forms. Were you
injured or has a loved one been lost as a result of an airline or
train crash? Were you hurt by falling baggage while on a plane
or train or at a terminal? ONLY an attorney can best advise you
of who is at fault and who to make claim against. Was it
the airport owner, the operator, the manufacturer, the operator of the
aircraft or the corporate officers of the company. To know your
rights, contact an attorney who can also tell you which laws apply,
State or Federal.
Nursing Home Abuse
If your loved one has been treated negligently, you may
have a legal claim against the nursing home. If there are
unexplained incidents of open wounds, cuts, bruises,
welts or discoloration, loss of weight or burns caused
by cigarettes, you should seek the advice of an attorney.
Additional signs of abuse or neglect can be detected by
unusual behavior such as bitting and rocking or unsanitary
conditions as soiled bed, malnutrition and urine odor.
Protect your loved ones.
Steven Lulich P.A. | Phone 772-589-5500 | E-Mail: steve@lulich.com
Offices in Sebastian, Florida
