Frequently Asked Questions
Some questions customers ask
The term “statute of limitations” refers to the time limit in which a claimant must file a lawsuit on his or her claim before the right to bring a claim is lost. The statute of limitations varies depending on the type of claim. A complete list of statute of limitations in Florida can be found in Florida Statute § 95.11 and can be viewed on the Official Internet Site of the Florida Legislature.
For nearly every type of injury claim, attorneys will work on what is known as a contingency fee. That means the attorney will not receive compensation for work performed unless the attorney is able to secure a money recovery for the client. In the event the attorney recovers money for the client, the attorney is paid a percentage of the gross recovery. The percentage of the attorney fee is typically either 25%, 33.3% or 40% depending on the type of case and whether the case must be litigated to secure a recovery.
Yes. Historically municipalities were immune from being sued, this is known as sovereign immunity. However, Florida has waived its immunity to be sued up to the damage amount of $200,000 per individual and $300,000 per incident. Attorney contingency fees are also capped at 25% of the recovery in sovereign immunity claims.
This means that regardless of who is at fault for causing an auto collision, your own auto insurance will responsible for paying the first $10,000 of certain damages resulting from the collision.
Personal injury protection (PIP) coverage, also known as “no-fault” coverage, is a type of insurance that is required on every vehicle in Florida for that vehicle to operate legally on the roads. Regardless of who is at fault for causing a collision, the PIP coverage on your own policy will cover up to $10,000 combined for medical costs, rehabilitation costs, lost wages and replacement household services. PIP coverage also provides for a death benefit in the event of a fatality.
To be eligible to receive PIP benefits after an auto accident, the inured individual must receive medical treatment for injuries related to the collision within 14 days of the collision. If there is no medical treatment for accident-related injuries within the first 14 days after the collision, PIP benefits WILL BE DENIED.
Yes. Medical treatment rendered by paramedic or emergency medical personnel on the roadside after an accident does fall under the PIP statute. You do not have to be transported to the hospital by ambulance, the treatment provided by a person or entity who provides emergency transportation and treatment qualifies as establishing treatment within 14 days. See Florida Statute 627.736 (1)(a)1.
In situations where there are multiple auto insurance policies that could potentially provide PIP coverage, there is a three-step process to determine where the coverage will come from.
- First, ask if the injured individual owns a vehicle. If yes, and that vehicle has insurance coverage the individual will receive PIP benefits from their own auto insurance policy.
- Second, if the injured individual does not own a vehicle with insurance coverage, you must determine if the injured individual resides with a relative who owns a vehicle with auto insurance. If yes, the injured individual will receive PIP benefits from their resident relative’s insurance policy.
- Lastly, if the injured individual does not own a vehicle with available insurance and does not reside with a relative that owns a vehicle with available insurance, the injured individual will receive PIP benefits from the insurance policy of the driver causing the auto accident.
Florida PIP benefits are limited to $2,500 unless the injured individual is diagnosed with an “emergency medical condition” (EMC) by a qualified medical provider. After an injured individual is diagnosed with an EMC the PIP benefits are increased to $10,000.
Emergency medical condition is defined by Florida Statute 395.002(8), a medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate attention would be reasonably expected to result in any of the following:
- serious jeopardy to the individual’s health;
- serious impairment to bodily function; or
- serious dysfunction of a body organ or part
Your personal injury protection coverage will pay 80% of medical bills up to $10,000 (or $2,500 if there is no emergency medical condition) caused by injuries sustained in an auto collision. The remaining 20% not covered by PIP and any medical bills over $10,000 will be the responsibility of the at-fault party’s insurance or the at-fault party personally if there is no insurance.
Your personal injury protection coverage will pay 60% of lost wages up zZto $10,000 (or $2,500 if there is no emergency medical condition) caused by injuries sustained in an auto collision. The remaining 40% not covered by PIP and any lost wages over $10,000 will be the responsibility of the at-fault party’s insurance or the at-fault party personally if there is no insurance.
Your health insurance will serve as secondary coverage behind the medical benefits provided by the personal injury protection (PIP) coverage on your auto insurance. In other words, your own auto insurance will pay medical benefits up to the $10,000 limit and once those benefits are exhausted your health insurance will take over and pay bills thereafter. However, most insurance companies will require you to pay back any benefits it pays for your injury once you receive a settlement.
When an insurance agent says you have “full coverage” insurance on your automobile it almost always means you have the bare minimum of coverage needed to legally operate your vehicle on the road. In Florida, that means you merely have PIP coverage and $10,000 of property damage coverage. All too often insurance agents will use the term “full coverage” to make you feel you are getting great coverage for a lower rate than competitors, that simply is not true. Make sure you research your coverages before you sign on the dotted line, when you need your insurance you will be glad you did.
The statute of limitations for a Florida personal injury claim is 4 years from the date of the incident.
Bodily injury coverage is liability coverage that will pay for injury and lost wage damages on behalf of the person or entity causing injuries in an auto accident.
Uninsured motorist (UM) coverage is insurance coverage on the injured parties’ own auto insurance policy that will “step into the shoes” of the at-fault party and pay for injury and lost wage damages caused by the at-fault party if that party does not have auto insurance at the time of the collision. Underinsured motorist (UIM) coverage is much like uninsured motorist coverage in that it will “step into the shoes” of the at-fault party, but this insurance becomes available when the bodily injury coverage of the at-fault party is not enough to cover the damages caused by the at-fault party.
There are several types of damages you may be entitled to after an auto accident. The following are some of the most prevalent damages injured individuals claim after an auto collision:
- Past medical bills
- Future medical bills
- Past pain and suffering
- Future pain and suffering
- Past wages
- Future lost wages and loss of earning capacity
- Property damage
- Loss of consortium
Technically no. Per Florida law, pain and suffering damages are only awardable to individuals who have suffered a permanent injury as a result of the auto accident.
The statute of limitations in Florida for a premise liability case is 4 years.
The statute of limitations for a Florida wrongful death claim is 2 years from the date of death.