My first boss always told clients that there are three things you need for any claim.  First, you need liability.  Somebody had to do something wrong.  In a car accident this usually means someone hit you from behind, ran a stop sign or red light, or otherwise engaged in some improper driving.  If someone has fallen in a store or other facility, this element is sometimes often hard to explain.  The general public, and even some lawyers (who are misinformed), believe that just because you fell on their property and got hurt that they are responsible.  This is not true.  The store operator must have done something wrong that caused or contributed to the injury.  Often times this may be that they failed to correct a dangerous condition that they could have discovered with reasonable effort.  For example, where a freezer is leaking water and a small puddle accumulates causing someone to slip, that is going to create a tough question for the jury.  However, the larger the puddle, the longer that the condition was there to have been discovered by the store operator.  If it can be shown that the store operator would have discovered it with reasonable inspections, and did not, then they have done something wrong, and hence have at least some liability in the matter.

The second element that is required is that you have to have damages.  Generally in my personal injury practice this means you have to be injured as a result of the liability mentioned above.  If you were in an automobile accident with no damage to you or the car, you have no claim regardless of how wrong it was for the other driver to have run into you.

The third element is some source of money to pay for the damages.  If you were rear ended by someone going 100 miles per hour, and have a broken leg and a broken arm, but the person that hit you has no insurance, no money, and you have no uninsured motorist coverage, you have no way to recover on your claim.  Certainly you would be entitled to take that person to court (which could cost thousands of dollars).  You would get a piece of paper called a judgment that would say that person owes you lots of money, but you could not get that person to pay you money they do not have.

– Mark Cornelius, Esq., is an experienced personal injury attorney and shareholder with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Cornelius works out of the Orlando office of the firm and welcomes questions and comments regarding the above and can be reached at mark@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

In theory, Florida’s No Fault Automobile Insurance Law was intended to lower the cost of auto insurance by taking small claims out of the court by requiring each insurance company to compensate its own policyholders for the cost of minor injuries regardless of who was at fault in the accident.  However, in Florida this personal injury protection coverage, which is better known by its acronym PIP, has very insignificant limits of $10,000.  This amount is intended to pay not only medical bills, but also wage loss and other “out-of-pocket” expenses, such as mileage to and from healthcare providers.  Clearly, if the injuries suffered requires more than a few visits to a healthcare provider and/or involves a prolonged inability to work, then any amounts not paid by PIP must be recovered from the at-fault driver or the owner of the vehicle driven by the at-fault driver if the injured party is to be made whole.

Economic damages, which may be loosely defined as those actual costs not paid by PIP, may be presented to and recovered from the at-fault parties’ insurance companies.  Unfortunately, however, Florida law does not require an individual to carry bodily injury indemnification coverage.  This means that if the at-fault party does not have bodily insurance coverage, the injured party is left with no practical recourse.  Certainly, the mere fact that a person does not have insurance does not mean that they would not be personally liable to pay damages, but generally speaking, if they cannot afford the basic insurance required by Florida law, in all probability, they probably do not have significant assets in which to satisfy a judgment.

The answer to this situation is Uninsured Motorist Coverage.  If bodily injury indemnification coverage can be thought of as insurance coverage designed to protect strangers from acts of negligence committed by an insured driver, then uninsured motorist benefits can be thought of as insurance coverage designed to protect your family.  That is, it is designed to protect your family from folks who do not have any insurance coverage at all or who have the minimal coverage required under Florida law.

Based on recent reports, Florida ranks in the top five states for the number of uninsured motorists.  According to the Insurance Research Council, in 2007 13.8 percent of all motorists in the U.S. were uninsured, but in Florida it was 23 percent.  Further, the Insurance Research Council found a correlation between unemployment and the rate of uninsured motorists.  Therefore, it stands to reason as well as common sense that as the unemployment rate rises so do the number of uninsured motorists.

Essentially, driving on Florida roads is much like Russian roulette.  Given the statistical odds of being in a motor vehicle collision coupled with the odds that the other vehicle does not have any coverage at all or has only the minimal coverage required under Florida law, the likelihood that an accident is caused by a person without the ability to pay damages or without the ability to satisfy a judgment in court is staggering.  Accordingly, uninsured motorist coverage may be the only avenue to be fully compensated for your injuries.  For that reason, it is perhaps the most important coverage that you may have.

If you have any questions regarding your coverage, we would highly recommend that you contact your insurance carrier or agent immediately to find out for certain whether you and your family are covered by uninsured motorist coverage.  If you would like a brief overview of Florida No Fault Insurance Coverage, we would also recommend that you read our January 6, 2010 blog “Understanding Basic Florida Automobile Insurance Coverage.”

– Scott Zirkle, Esq., is a personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Zirkle welcomes questions and comments regarding the above and can be reached at szirkle@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Spring time is almost here in Florida!  It’s time to wipe down the cobwebs and dust off the barbecue and lounging chairs, spruce up the swimming pool, and invite your friends and family over for some good old fashioned food and southern frivolity.  Suddenly, somebody is seriously hurt or, even worse, dies as a result of an injury.

An Ounce of Prevention is Worth a Pound of Cure!

As a father of four under the age of 12, I know too well that accidents happen.  Many accidents can be prevented with a little care and diligence.  Have the cockroach and rodent poisons been locked away or put out reach?  Did you tighten the loose ladder rung attached to the play structure?  Are there dead tree limbs just waiting to fall?  Does your landscaper or contractor building your new ‘Florida Room’ have adequate insurance in case of injury while on your property?

Am I Liable for the Injuries Sustained as a Result of the Accident?

This article cannot discuss every nuance of the law for every situation.  First, there is not enough room, and second, you would be bored to tears!  Generally speaking, the law imposes a ‘duty of care’ on every person who owns or possesses land in Florida.  For instance, if you give someone permission to be on your property, you owe a duty to act as a reasonable prudent person.  You must keep the premises in a safe condition, seek out any hidden dangers, and either warn about the dangers or take reasonable steps to make them safe.

For those labeled as trespassers, you owe a duty to refrain from wanton negligence or willful misconduct.  If you see the trespasser, however, you also owe a duty to warn of known dangers that are not easily discovered.  A child who is injured while trespassing may still bring suit against you if there is an ‘attractive nuisance’.  Do you have something that you know or have reason to know children are likely to be drawn toward and could result in a risk of death or serious injury? Children are curious creatures and do not always perceive the risk they are taking while exploring their environment. It is up to you to exercise reasonable care to eliminate the danger or otherwise protect the children.

Insurance…a Simple Way to Help Protect Your Hard Earned Assets!

I’m not an insurance salesman, but adequate insurance can bring peace of mind. A lawsuit can result in hundreds of thousands, or even millions of dollars in damages, not to mention the legal fees and costs.  If you have sufficient insurance and an injury claim is made, you can simply turn the problem over to the insurance carrier, who will then hire legal counsel to protect you.  Just as you should ensure you are adequately protected with automobile, health, life and disability insurance coverage, it is imperative that you have adequate premises liability insurance.  Make sure your insurance agent thoroughly explains the coverage available, including the benefits of an ‘umbrella policy’. This is one case where being penny-wise may end up being pound-foolish!

– Adam S. Towers, Esq., is a shareholder with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Towers manages the Gainesville office of the firm and handles business, real estate, and insurance litigation.  He welcomes questions and comments regarding the above and can be reached at atowers@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Pursuant to Florida Statute Section 768.79 (1), the Florida Legislature has allowed both the Plaintiff and Defendant the ability to file in the courts of this state what are called Proposals for Settlement, formerly known as Offers of Judgment, to the opposing party. If a Defendant files a Proposal for Settlement which is not accepted by the Plaintiff within 30 days, the Defendant shall be entitled to recover reasonable costs and attorney’s fees incurred by her or him or on the Defendant’s behalf pursuant to a policy of liability insurance or other contract from the date of filing the offer if the judgment is one of no liability or the judgment obtained by the Plaintiff is at least 25% less than such offer, and the court shall set off such costs and attorney’s fees against the award. If a Plaintiff files a Proposal for Settlement which is not accepted by the Defendant within 30 days and the Plaintiff recovers a judgment in an amount at least 25% greater than the offer, she or he shall be entitled to recover reasonable costs and attorney’s fees incurred from the date of the filing of the Proposal.

Florida Statute Section 768.79 (2) requires a) that the Proposal for Settlement be made in writing and state that is being made pursuant to this section; b) must name the party making it and the party to whom it is being made; c) state with particularity the amount offered to settle a claim for punitive damages, if any; and d) state its total amount. Subsection (3) requires that the offer be served upon the party to whom it is made, and shall not be filed with the civil court unless it is accepted.

In negligence actions, the Proposal for Settlement Rule can be highly effective in placing pressure on opposing parties to settle lawsuits prior to trial. The Florida legislature’s intent in creating Proposals for Settlement may have in fact been to promote judicial efficiency by reducing trial dockets. However, while the Proposal for Settlement law appears to be fair on its face, the consequences of its enforcement are not equitable. Many Plaintiffs who are injured in negligence claims do not have the resources to satisfy a Defendant’s attorney’s fees and costs if a Proposal for Settlement is not met from a jury verdict. If an individual Plaintiff cannot afford to pay a Defendant’s attorney’s fees and costs, the civil court will impose a cost judgment against the Plaintiff which will accrue interest at the percentage rate set by the civil court for the given year. This can adversely affect a Plaintiff’s credit, and has even driven some Plaintiffs into bankruptcy. These effects only add insult to the Plaintiff’s injuries, which were often caused through no fault of his or her own. A corporate Defendant, in particular, will likely be in a much better financial position to satisy a Plaintiff’s attorney’s fees and costs. While none of my clients have experienced the adverse consequences of a Proposal for Settlement that was not met, this law forces both parties, but particularly the Plaintiff, to prudently consider a Proposal for Settlement and to understand the true value of his or her case. It is my goal to make sure that each of my clients understands the strengthens and weaknesses of his or her case in order to make an informed decision as to whether to accept a Proposal for Settlement or to proceed to trial.

– Michael Truax, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  He welcomes questions and comments regarding the above and can be reached at mtruax@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

I. What automobile insurance is required by Florida law?

Florida Law requires that a vehicle owner (of four wheels or more) purchase a minimum of $10,000.00 of Personal Injury Protection (PIP) and a minimum of $10,000.00 of Property Damage Liability (PDL) insurance.

II. What basic coverage is available to an insured (or qualifying individual)?

Personal Injury Protection (PIP) –minimum of $10,000.00 (with or without a deductible) – REQUIRED

1. Reasonable Medical Expenses – paid at eighty percent (80%) of two-hundred percent (200%) of the Medicare fee schedule amount.
2. Wage loss reimbursement – paid at sixty percent (60%) for any loss of gross income and loss of earning capacity (per individual with proper doctor recommendation) for the inability to work as a result of  an injury sustained in a motor vehicle accident  – paid not less than every 2 weeks.
3. Expenses Reasonably Incurred – in obtaining from others ordinary and necessary services, but for the injury, the injured person would have performed without income for the benefit of his or her household.
4. Death Benefit equal to the lesser of five thousand dollars ($5,000.00) or the remainder of unused personal injury protection (PIP) benefits per individual.

What to look out for….

-          Pay yourself as soon as possible – expenses – wages, mileage, etc.
-          Avoid wage loss exclusions from your auto insurance policy.
-          Avoid high deductibles if you are unable to pay it when necessary.
-          Notify your insurance carrier of all household members, particularly licensed resident relatives.
-          Attend and be on time to any independent medical exams (IME) requested by your insurance carrier- this is required by an insured per contract, but it is often intended to limit/terminate PIP/Med Pay benefit coverage.

Medical Payment (Med Pay) – Twenty percent (20%) of the remaining balance due to medical providers not paid by PIP benefits (as paid under the Medicare schedule) – Med Pay is generally purchased up to a certain dollar amount.

What to look out for….

-          Med Pay does not cover wage loss, household expenses, etc.
-          Possible subrogation rights on third party liability claims.
-           Med Pay is paid at 100% and no longer subject to the Medicare fee schedule once PIP benefits have been exhausted.

Uninsured/Underinsured Motorist (UM) Coverage – Per individual/per accident coverage for an insured, his/hers resident relatives, and or his/her accident passengers (if in an insured vehicle is involved in a motor vehicle accident) caused by an uninsured or underinsured motorist.

1. Stacking – when an insured combines uninsured motorist coverage from more than one source/policy.
2. Non-stacking – limited to one vehicle only.

What to look out for….

-           Cover yourself first – add at least minimal coverage to your insurance policy – many insurance carriers fail to clarify what UM coverage is and/or its importance to an insured and his/her family.

Property Damage Coverage (PD)

1. Comprehensive coverage – Damage done to an insured’s vehicle other than collision.
2. Collision coverage – Damage done to an insured’s vehicle as a result of a motor vehicle accident/collision.

What you to look out for…

-          High deductibles.
-          Conduct a cost-benefit analysis on old, high mileage or damaged vehicles.
-          If comprehensive coverage is purchased in Florida it is sometimes possible to receive free windshield repair or replacement.

Rental coverage

Maximum rental allowance per day or per accident coverage.

III.  What coverage is available to another party if an insured driver (or qualifying individual) causes a motor vehicle accident?

Bodily Injury (BI)

Per individual /per accident.

What to look out for….

-          Not required by Florida Law.  However, an individual’s drivers license may be suspended and you may be required to purchase BI for three (3) years if you are found to be at fault for an automobile accident without BI coverage.
-          No duty for insurance carrier to defend an insured against lawsuits if no BI was purchased.
-          Personal assets may be more susceptible if no BI is purchased or if it is not sufficient coverage for the damages  sustained.

Property Damage Liability (PDL) - REQUIRED

Per accident

What to look out for….

-          Personal assets may be more susceptible if no or not enough coverage is purchased.

Cynthia M. Thomas, Esq., is a personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  She welcomes questions and comments regarding the above and can be reached at cthomas@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Hospital liens: A hospital lien grants the hospital, providing medical care and treatment to the injured person, a lien right (right of reimbursement) in the injured person’s proceeds from a settlement or judgment.  Though there is no statewide uniform hospital lien law, the lien laws exist on a county-by-county basis by virtue of special acts and local ordinances.  Most county lien laws require that a lien be recorded with the local court within 10 days of the discharge from the hospital to be valid.

What does a hospital lien mean to your personal injury case?  You or your attorney must satisfy the lien from any settlement.  Some laws automatically allow a reduction for your one third attorney’s fee or the applicable percentage of the attorney fee.  Also, if the patient (or patient’s attorney) and the hospital agree to an amount to settle the hospital bill which is less than the full amount charged, then the lien is extinguished because the underlying debt is resolved.  While the lien law is a serious matter, it applies only to settlements or verdicts, and it cannot attach to any other property unless the collectable amount is pursued in litigation and a judgment is obtained against you.  Some clients worry that it automatically means, for example, their home can be at stake.  This is not the impact of an initial hospital lien, which is routinely filed by hospitals after nearly every automobile accident when you receive treatment at a hospital.

The last important point to understand about a hospital lien is that it can take priority over an injured party’s right to apply for PIP benefits to their claim for lost wages or funeral expenses.  This is something your attorney can explain to you in detail if you are concerned about these issues, and be assured that in many cases the lien is satisfied by your no-fault benefits (PIP) by 80% and many balances are adjusted after the payment is applied.  If you receive this onerous looking letter in the mail after your accident, simply notify your attorney and be assured it is a rather routine matter normally amicably resolved.

Health insurance, Medicare, or Medicaid liens: Most private health insurers and all Medicare and Medicaid providers have a right to reimbursement from any proceeds from a personal injury settlement or verdict.  You may receive a notification of this right if you receive treatment due to the liability of another person and have a right to recovery for your injuries.  Even if you do not receive this notice, you have an obligation to satisfy the amounts paid by any of the above referenced providers, unless the policy provisions of your private health insurance indicates otherwise.  Even if you are not represented by an attorney, you must consider these amounts paid for you as amounts you actually owe in the case of an insurance settlement for your injury.  These laws and medical charges can be complex and difficult to negotiate.  For this reason alone, it is always wise to consult legal counsel in the case of personal injury. 

Pam Olsen, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Olsen works out of the Ocala office of the firm and welcomes questions and comments regarding the above and can be reached at polsen@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

An Independent Medical Examination is not Independent.  The doctor that performs Independent Medical Examinations typically works for a company that has been hired by your automobile insurance company.  The Independent Medical Exam is not intended for treatment.  The purpose of the exam is to determine whether your automobile insurance company has to pay for your future medical treatment. If the doctor performing the Independent Medical Examination determines that you no longer need a certain type of medical care, your insurance company will stop paying for that medical care.  For example, if the Independent Medical Examination doctor determines that you no longer need chiropractic care, your automobile insurance company will stop paying for chiropractic care.

WHAT DO I DO IF MY AUTOMOBILE INSURER WANTS ME TO ATTEND AN INDEPENDENT MEDICAL EXAMINATION?

Do not ignore your insurance company’s request for an Independent Medical Examination.  You have to attend the Independent Medical Examination.  If you do not attend the Independent Medical Examination, you will be in breach of your insurance contract and your insurance company will refuse to pay for any future medical treatment.  Once you receive the request for the Independent Medical Examination, notify your attorney and your treating physician.  Your attorney may or may not want to be present for the Independent Medical Examination.  Schedule an appointment with your treating physician for the same day as your Independent Medical Examination.  Bring a notebook to your appointment.  In your notebook, note the time that you arrive, the time you spend in the waiting room, and the time that Independent Medical Examination doctor actually spends examining you.

You should be courteous to the Independent Medical Examination doctor and the doctor’s staff. Fill out all paperwork honestly.  During the examination, the Independent Medical Examination doctor will ask you questions.  Answer the Independent Medical Examination doctor’s questions honestly, but do not volunteer information.    Do not confuse the role of the Independent Medical Examination Doctor with your treating physician.  The Independent Medical Examination Doctor is not there to assist you.  The Independent Medical Examination doctor assists the automobile insurer.

WHAT HAPPENS AFTER THE INDEPENDENT MEDICAL EXAMINATION?

After your Independent Medical Examination, the doctor will generate an Independent Medical Examination report and submit the report to your automobile insurer.  The Independent Medical Examination report will either state that the doctor believes that you require additional treatment, or it will state that further treatment is not necessary.  Usually, the Independent Medical Examination report concludes that further treatment is not needed.  If the Independent Medical Examination concludes that further treatment is not necessary, your automobile insurance company will send you a letter advising you that your insurance company will no longer pay for certain types of treatment.

WHAT DO I DO IF MY AUTOMBILE INSURER REFUSES TO PAY FOR FUTURE MEDICAL BENEFITS BASED ON AN INDEPENDENT MEDICAL EXAMINATION REPORT?

Do not stop your medical treatment.  Advise your attorney and treating physician that your insurer will not pay for certain medical treatment based upon an Independent Medical Examination Report.  Ask your treating physician to send a letter to the automobile insurer disputing the results of the Independent Medical Examination.  This letter must discuss the future treatment that your treating physician believes is medically necessary to treat your injuries.  Continue to treat with your treating physician.  The first time that your automobile insurer denies a bill based upon the results of the Independent Medical Examination, either you or your treating physician should contact an attorney to pursue payment of your doctor’s bill.  Bogin, Munns & Munns, P.A. has attorneys that specialize in resolving personal injury disputes with insurance companies.

CONCLUSION

You have to go to your Independent Medical Examination.  You do not have to accept the results of the Independent Medical Examination.  Your treating physician has been examining and treating you over a period of time.  Your treating physician, not a doctor that examined you once, is in the best position to determine medical necessity. If your insurer denies your medical bills based upon an Independent Medical Examination, challenge the denial.  Do not impede your recovery by stopping your medical treatment.

– Aaryn Fuller, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Fuller works out of the Orlando office of the firm and welcomes questions and comments regarding the above and can be reached at afuller@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

I. AT THE SCENE

If you are on our web page it is probably too late and you have already had an accident, but just in case here is what you should remember when you are in a car crash.

First – always consider safety first.  You are NOT required to leave the vehicles in the roadway, especially if they are both drivable and there are no deaths or grossly serious bodily injuries.  Move them off to the side or a close parking lot.

Second – make sure you and everyone at the scene is ok.  If you need medical assistance, or think you or someone may need medical help, call 911 right away.  Be sure to tell the operator that someone is injured.

Third – do not admit the accident was your fault.  Perhaps it was, and it may be appropriate to admit that later, but at this point your adrenaline is flowing, and you are not in the best state of mind to make decisions that will have lasting effects.

Fourth – If there is over $500 in damage, or someone is injured, you MUST report the accident under Florida Law.

Fifth – If you have a camera (a cell phone camera will do if that is all you have), take pictures of the other cars in the accident.  You can take pictures of yours as well, but you will always have access to that, you may not ever see their car again.  Take pictures of the road as well, especially if there is debris or skid marks, be sure to take photos of those.  You can never have too many photos, and in today’s world of digital photos they are basically free.

Sixth – get the names, addresses, and phone numbers of any witnesses.  Do NOT rely upon the officer to put this information in the report, even if he/she speaks with the witness.  More often than not, the name does not appear in the report.

Remember, if you are injured, attending to your injuries is primary.  Have a friend or relative help you with getting the information above.

II.        AT THE HOSPITAL or DOCTOR’S OFFICE

Whether you go to the hospital the day of the accident, which you should if you are injured, or a doctor a day or more later, there is one rule you need to remember.  TELL THE DOCTOR EVERYTHING.

This may sound obvious, but in particular you need to be sure to relate the following with as much accuracy as possible.

1. All of your current injuries that you have.  Oftentimes people have a really bad injury and will not mention the less bothersome problems to the doctor in hopes they will just go away.  Sometimes they do, and sometimes they don’t.  When they don’t, and the complaint is not in the original records, the other side will claim the injury or complaint is not from the accident since there was no record of it on the initial visit.  You can avoid this by being thorough, and making sure your doctors and nurses write down everything you tell them about.
2. Be completely forthcoming about your prior problems, especially with regard to the injuries from the accident.  If the accident caused you neck pain, but you also have a history of going to the doctor for neck pain, be sure the doctor you are seeing knows that.  Otherwise he will later say the neck pain is from the accident and when asked whether he knew you had a history of neck pain, he will say no, which will cause his opinion to be questioned.  However, if he can say he considered all of your prior medical problems and knew of them, and still believes this accident caused an injury, he is much more credible to a jury.
3. Follow the directions they give you.  When you are discharged you will likely be given directions.  It may be for bed rest.  It may be to get a prescription, or it may be to see another doctor.  If you don’t follow those directions you will later be questioned why you did not, and was it because you were not really hurt.  The only exception to this might be to see a different doctor than the one they refer you to if you have a doctor you know and trust.

Mark Cornelius, Esq., is an experienced personal injury attorney and shareholder with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Cornelius works out of the Orlando office of the firm and welcomes questions and comments regarding the above and can be reached at mark@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Payment of Medical Expenses Resulting from a Motor Vehicle Accident

When someone is injured in an accident as a result of someone else’s negligence it is a traumatic event which can have a dramatic effect on the person’s entire life.  One has to contend with the injuries, the stress of losing time from work, the damage to ones vehicle, the medical care, the unknown effect these injuries will have on the individuals life and future, and if that wasn’t enough, the worry over the amount of medical expenses and how they will be paid.  An accident can be a truly life altering event.

Florida is a No-fault state, which means your own motor vehicle insurance policy covers your medical expenses in the event of a motor vehicle accident, regardless of fault.  Florida law provides that every owner or registrant of a motor vehicle purchase insurance which is to include Personal Injury Protection coverage or PIP.  Basic PIP coverage essentially pays for 80% of reasonable expenses for medically necessary care, 60% of lost wages, and $5,000 death benefit or the remainder of unused PIP benefits, whichever is less.  If you are a passenger and do not own a vehicle, then you would be covered under either a policy owned by a relative who lives with you or the vehicle owner/drivers policy.

Oftentimes PIP is inadequate to cover all of your medical expenses and then there the 20% balance for which one is personally responsible.  Many insurance policies offer supplemental products to cover these expenses.  Extended PIP or additional PIP increases the percentage PIP pays to 100%, however, it does not increase the aggregate limit.  Med Pay (Medical Payments Coverage) is designed to cover the 20% not paid by PIP as well as any amounts over the $10,000, up to the limit obtained.  This does increase the aggregate limits by the amounts obtained, e.g. $1,000, $2,000, etc. Be aware that most policies require that the insurer be reimbursed for any Med Pay payments made in the event there is a recovery for the injuries sustained.

Even with the supplemental coverage’s mentioned above; many times the medical expenses will exceed the monies available from the insurance.  Depending on the amount of medical expenses and the ability of the individual to pay, one may qualify for emergency Medicaid.  Most hospitals provide assistance in applying for this benefit or one can apply through the local Medicaid office.  Medicaid has a statutory right to be reimbursed for any benefits paid if there is a recovery for the injuries sustained.

Finally, the person at fault for the accident is responsible for the injuries caused as a result of their negligence.  As such, they must pay for all out of pocket expenses, which include medical bills, anything not paid by PIP or other insurance, any liens, and lost wages, among other damages.  In addition, in Florida if the threshold is met: significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement, significant and permanent scarring or disfigurement, or death; one can recover for pain, suffering, mental anguish, and inconvenience.

Though a motor vehicle accident is a traumatic and life changing event, it does not necessarily have to be a financial catastrophe.  There are a multitude of options available to help minimize the financial impact of an accident, which allows the individual to focus on their therapy and their health.

Franklin Domenech, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Domenech works out of the Kissimmee office of the firm and welcomes questions and comments regarding the above and can be reached at fdomenech@boginmunns.com.

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

Why Carry Uninsured Motorist Coverage in Florida?

Top 10 reasons

1. 15% to 27% of drivers on the road in Florida are uninsured drivers.

2. Florida law does not require drivers to carry bodily liability coverage – meaning that Florida drivers are not required to carry insurance which pays for the personal injuries (medical expenses, lost wages and pain and suffering if you have suffered a permanent injury) they cause to others. Ironically, Florida law does require, however, that drivers carry property damage coverage to pay for the property damage they cause to your car or other property.

3. There is a very strong possibility that your medical bills, lost wages and pain and suffering incurred in an automobile accident caused by another person will not be paid if the person responsible for the accident did not carry bodily liability insurance and you did not carry UM coverage.

4. Florida laws are historically very “debtor friendly,” meaning that it is very difficult in Florida to execute a Judgement against an individual’s personal property. Unless a individual who has caused an accident has substantial personal assets, your claim for injuries is generally limited to any bodily liability insurance that individual possess, or your own UM coverage.

5. Your UM coverage protects you even if you are a passenger in another person’s vehicle or a pedestrian at the time of the accident.

6. UM coverage is not expensive and can more than pay for itself if you are injured by an uninsured driver. Contact your automobile insurance company for a quote.

7. In Florida, your UM coverage can be “stacked” – which means that the limits of your policy can be multiplied by the number of cars insured under your policy. For instance, if you carry $25,000.00 in UM coverage and insured three of your vehicles under your policy on the date of an accident, you should have a limit of $75,000 in UM coverage available. Make sure to ask your insurance company that your UM insurance be “stacked.”

8. Your UM coverage protects you when the auto accident is caused by a “hit and run” driver or the identity of the driver who caused the accident is otherwise unknown.

9. Your UM coverage protects you, and usually also the passengers in your vehicle, at the time of the accident, such as your children.

10. Your private health insurance only goes so far. If you are injured by the fault of an uninsured motorist/underinsured motorist and even if your medical expenses are covered by your own private health insurance ( which you may carry through your employer), if you are not covered by UM insurance, you will not be able to recover your lost wages and pain and suffering suffered in the crash.

Alida Darias, Esq., is an experienced personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Ms. Darias works out of the Clermont office of the firm and welcomes questions and comments regarding the above and can be reached at adarius@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.