Tampa Accident Attorneys Help Clients Secure Benefits Under Florida’s Personal Injury Protection (PIP) Law
State Auto Insurance Rule Authorizes Assistance for Victims Before Fault Is Determined
Auto accident claims can be difficult to resolve because claimants generally have to prove that someone else was at fault for their injuries. Litigating those claims in court can take a long time, and in the meantime, injured parties might not be reimbursed for medical costs. Some states have enacted no-fault insurance laws, which limit a party’s right to sue in exchange for a quick insurance settlement regardless of fault. Florida has taken a different approach with its Personal Injury Protection (PIP) law, which provides for timely insurance payments, but does not restrict an injured party’s right to sue an at-fault driver for personal injury damages. From our offices in Tampa and Sarasota, our auto accident attorneys at Sessums Law Group, P.A. help clients get the full benefit of PIP coverage, while advancing their claims for appropriate personal injury compensation.
What Is the Florida PIP Statute?
Passed in 2012, Florida PIP law requires drivers to purchase $10,000 in personal injury protection in addition to liability insurance. PIP covers the policyholder, members of the insured’s household and passengers who might be traveling with them at the time of the accident.
What Does PIP Insurance Cover in Florida?
To receive PIP benefits, covered persons must seek medical attention within 14 days of the car accident. As long as the first visit occurs within 14 days, PIP will pay for ongoing care. PIP covers 80 percent of medical expenses up to $10,000 when an accident causes an emergency medical condition. A qualified medical professional must provide a diagnosis that the condition is an immediate threat to the person’s health. Covered parties seeking treatment for a non-emergency condition are allowed up to $2,500 in reimbursements.
If a covered person is unable to work due to the accident, PIP provides disability benefits, which include 60 percent of:
- Gross income lost
- Lost future earning capacity
- Household services required due to the disability
In the case of a fatal accident, PIP pays a death benefit of up to $5,000 for each deceased person.
How Do PIP Claims Work?
The most important step is for the covered person to get an emergency medical care (EMC) designation for treatment within 14 days of the accident. You can get an EMC from a hospital emergency room or from other healthcare providers, such as physicians and chiropractors. Virtual appointments are a legal method of getting an EMC designation. Once you have the EMC, you can file a claim with your own insurance company. The insurer than has 30 days to provide payment.
What Are Some Reasons Your PIP Claim Might Be Denied?
$6,000,000.00 Recovery Fraud Civil Action
Sessums Law Group, P.A. successfully recovered $6,000,000.00 for a client in a fraud civil action. Prior to the client’s divorce, the client negotiated and executed an agreement with his wife’s boyfriend that sought that the boyfriend would have no contact with the client’s wife.
$2,740,000.00 Wrongful Death Hit/Run of Motorcyclist
Representation of the plaintiff hit from behind on his motorcycle by a driver who was allegedly drunk at the time of the accident. Sued the defendant; the bar that the defendant had been drinking and the defendant’s employer.
$1,929,000.00 Verdict Real Estate Deficiency
Representation of estate in real estate deficiency claim resulting in joint and several liability verdict against various doctors and chiropractors.
$1,000,000.00 Settlement Collision
Representation of estate in an automobile and tractor trailer collision that resulted in multiple deaths.
Confidential Settlement Amount Medical Malpractice
Client was burned with a hot pack after delivering her son via Cesarean section.
Confidential Settlement Amount Nursing Home Negligence
Representation of the Personal Representative of the Estate of the patient who died due to negligent care while in the care of the nursing home.
Confidential Settlement Amount Trolley Accident
Representation of passengers who were enjoying a sight- seeing tour aboard a trolley when the trolley was hit by a bus. The passengers suffered soft tissue injuries.
Confidential Settlement Amount Hit & Run
Sessums Law Group was recently successful in settling a case for a hard working Polk County man whose hit and run accident resulted in a need for a knee replacement. The defendant argued that our client had caused the accident. We were able to prove through expert accident reconstruction testimony that the accident happened as our client testified despite the minimal damage involved.
Confidential Settlement Stolen Property
Client’s vehicle was burglarized and her engagement and wedding rings stolen. The perpetrator pawned the stolen items to a local pawn shop. The pawn shop ignored the hold order from the police department and sold the engagement and wedding rings. After suit filed for the Plaintiff, a confidential settlement was reached with the pawn shop for the value to our client of her stolen rings.
"Our firm believes in the integrity of the needs of the each client we represent. We are passionate about obtaining the maximum results allowable under the law for each client."
- Mark A. Sessums