Drunk Driving Accident Victim

Drunk Driving Accident Victim

– By Tampa Injury Lawyer: Martin J. Hernandez, Esq.

MADD states that there were 841 deaths in 2017 in Florida.  Tampa Bay has the highest number of drunk driving arrests in all of Florida. According to responsibility.org Alcohol-impaired driving fatalities accounted for 29% of the total vehicle traffic fatalities in 2017. Between 1991 and 2017, the rate of drunk driving fatalities per 100,000 population has decreased 47% nationally, and 68% among those under 21. These statistics and others are positive indicators of the gains being made to fight drunk driving.

Your Tampa Injury Attorney, Martin Hernandez of Fernandez and Hernandez, prosecuted drunk drivers and protecting victims of drunk driving in Tampa from 2001 through 2004.  Since that time he has been fighting for victims and seeking justice for the victims of drunk driving accidents on the civil side of the equation.  In 2016, 2017, and 2018, Tampa Injury Lawyer Martin Hernandez sued drunk drivers and suspended the drunk driver’s license for 20 years.  While the government only took away the drunk driver’s privilege to drive for 20 years or until they fully compensated the victim for his or her injuries.

In Florida, driving with blood alcohol content (BAC) of .08 is considered driving under the influence, which is a crime. Many factors can affect the number of drinks it takes a driver to get to this BAC, including the driver’s weight, genetic makeup, and gender. Even if your BAC is lower than .08, you may be too inebriated to drive. Consuming alcohol can reduce a driver’s reaction time to unexpected events and can cause a driver to drive erratically.

Those charged with drunk driving in criminal court and acquitted may be surprised to find themselves still liable in civil court to anybody they injured or killed while drunk driving. The criminal and civil justice systems are separate, and the standard of proof is more stringent in criminal than it is in civil court.

In criminal courts, the burden of proof is “beyond a reasonable doubt.” Usually, by contrast, the burden of proof in a civil personal injury lawsuit is “preponderance of the evidence.” This means the plaintiff must prove a fact and damages by showing that his or her version of events is more likely than not to be accurate. Accordingly, there may be enough evidence to hold a person civilly liable for causing an injury while drunk driving, even though there is not enough evidence to prove the same person caused the accident “beyond a reasonable doubt.”

The state permits a person hurt by a drunk driver to sue not only the drunk driver but also the bar or other entity that served the drunk driver alcoholic beverages in spite of the driver’s visible or obvious intoxication. These laws are known as “dram shop liability” laws. These laws can be useful to plaintiffs because bars and other entities may have insurance policies that permit recovery even if the drunk driver is uninsured or underinsured and judgment-proof.  However pursuing a claim against a bar is very difficult under Florida’s Dram shop immunity statute to bars, but our firm has successfully collected from bars in the past.

Things that a person that has been injured by a drunk driver and can receive compensation for are:

  • Pain and suffering
  • medical expenses
  • property damage and lose
  • permanent disfigurement
  • mental anguish and emotional distress
  • lost wage
  • permanent disability

Consulting an experienced car accident lawyer after an injury caused by a drunk driver can make the complex process of making a personal injury claim easier.  An experienced personal injury attorney will conduct a thorough investigation of the facts of the accident.  The attorney will discuss preserving any and all evidence that the other driver was drunk at the time of the accident and will work to establish responsibility in order to hold the other driver accountable.

The Effect of Alcohol on Drivers

According to the National Highway Traffic Safety Administration, even a small amount of alcohol can affect a driver’s vigilance, perception, visual function and judgment. To prove that alcohol was a factor in causing the accident, our attorneys will need to establish that the driver’s intoxication had an effect on his or her ability to operate a motor vehicle safely.  Utah is now proposing a law reducing the BAC lower limit to 0.05% (nearly half of Florida’s!).

Our lawyers can interview the police officer to introduce his or her observations as evidence in your case, even if the driver’s BAC was lower than .08 percent. If the officer testifies that the driver weaved in traffic or showed other signs of intoxication, that evidence can be compelling even if the driver was not convicted of drunk driving.

Contact Our Tampa Personal Injury Attorneys`

To schedule a free initial consultation with a Tampa auto accident injury lawyer at Fernandez & Hernandez, contact us through this website or call 813-229-5353.

Although I am a Tampa Injury Attorney, I am also a father, a citizen and a driver.  Drunk driving deaths are near and dear to me.  That is why our firm proudly supports MADD and will continue supporting MADD until there are no more victims.  Read the full NHTSA report at: https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812456

We are ready to help you.

Tampa Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck

Florida 14 día pip ley

Florida 14 día pip ley

Cuál es la ley de florida pip y cómo lo hace Me afecta?

Como abogado de lesiones de Tampa, puedo decirte que puede ser difícil navegar por las leyes de seguro auto de florida y qué es esta regla de 14 días que escuchamos en la radio.

Una cuestión que a menudo surge después de una colisión es la regla de 14 días de florida en el seguro de protección de lesiones personales (pip). Es muy importante entender la regla de los 14 días como víctima de un accidente. De lo contrario, podría enfrentarse a grandes obstáculos para tratar de obtener beneficios-o perder su derecho a la compensación por completo. Aquí hay un desglose de cómo funciona la regla de protección de lesiones personales.

Con arreglo al cambio de ley de 2013, la víctima de un accidente debe recibir “servicios y cuidados iniciales” en un plazo de dos semanas a partir de un accidente si quieren recibir beneficios a través de su cobertura de pip. Casi cualquier tipo de atención médica se hará cargo de este requisito, siempre que se trate de un proveedor de atención de salud calificado, o de un proveedor de atención de salud calificado supervisado o recetado la atención.

Un proveedor cualificado de atención de la salud podría incluir:

  • Un médico médico
  • Un dentista
  • Un quiropráctico
  • Un técnico médico de emergencia

Es importante señalar que ver a un terapeuta físico, terapeuta de masaje u otro proveedor de cuidados que no se enumeran específicamente en el estatuto probablemente no cumpla los criterios. Su compañía de seguros probablemente negará su reclamación, y usted no recibirá beneficios. Siempre es una buena idea ir al departamento de emergencia o ver a su médico lo antes posible después de un accidente, tanto para asegurarse de que está sano y para cumplir esta calificación como se describe en la regla de la florida pip de 14 días.

Además de los heridos, los terapeutas de masaje y acupunturistas ya no se les permitirá tratar a los pacientes bajo pip. Aún más preocupante para los ciudadanos de florida es que la ley no exige que las compañías de seguros notifiquen a los asegurados que los cambios se están llevando a cabo, con lo que la cobertura se aleja de ellos sin su conocimiento o comprensión. La nueva ley del pip obliga a las compañías de seguros a reducir sus tasas de pip en al menos un 25 % para 2014, pero pueden pedir al gobierno que se excluya de estos requisitos. Dado que muchos están recibiendo excepciones a la ley, los cambios tienen un efecto escalofriante de extraer beneficios de los asegurados y demostrar una ganancia inesperada para las compañías de seguros.

La nueva ley también creó dos cantidades diferentes que se pueden reembolsar a una persona que busca prestaciones de pip dependiendo de si esa persona ha sido diagnosticada con una condición médica de emergencia. Si un médico, médico osteopática, dentista, asistente del médico o médico registrado avanzado ha determinado que la persona lesionada tiene una condición médica de emergencia, entonces se permitirá a esa persona obtener el total de 10,000.00 dólares en beneficios de pip. Una condición médica de emergencia, o “Emc” para taquigrafía, se define como una condición médica que se manifiesta por síntomas agudos de gravedad suficiente que la ausencia de atención médica inmediata podría razonablemente esperarse que dé lugar a un grave peligro para la salud de los pacientes, grave deterioro del cuerpo Funciones, o disfunción grave de un órgano o parte del cuerpo. Una persona lesionada que no haya sido diagnosticada con una condición médica de emergencia (CEM) se limitará a 2,500.00 dólares en prestaciones de pip, aunque las personas lesionadas paguen 10,000.00 dólares en prestaciones a través de su póliza de seguro.

Por una multitud de razones, evitar la atención médica después de un accidente nunca es inteligente. Tener miedo de los altos gastos médicos, por ejemplo, es una razón para buscar tratamiento-No para evitarlo-Porque ese tratamiento podría costarle mucho más en el futuro. Si estás ansioso por perder el trabajo, te vas a perder mucho más si tu condición más tarde se vuelve seria. Después de una colisión de tráfico, busca atención médica a la vez. Si consigues una “Ley de salud limpia” también tendrás paz mental. Y si ha sufrido una lesión, discuta sus derechos y opciones legales lo más rápido posible con un buen abogado de lesiones personales.

Condición médica de emergencia

“condición médica de emergencia” en la medida en que se aplica a las reclamaciones del seguro de pip en el estado. En el estatuto se describe esto como una situación en la que las víctimas sufren síntomas agudos que requieren una atención inmediata para prevenir:

  • Poner en peligro su salud y bienestar
  • Insuficiencia de una función corporal importante
  • Disfunción grave de cualquier órgano o parte del cuerpo Es una buena idea discutir esto con su médico, que puede notar en sus cartas que usted sufrió una condición médica de emergencia. Esto puede ayudar a tu caso. Es importante señalar que no tiene que haber una determinación de si su lesión es una “condición médica de emergencia” en los primeros 14 días después de un accidente. Mientras usted busque atención médica en las primeras dos semanas, usted debe ser elegible para algún tipo de pago de su proveedor de seguros pip.

Ideas erróneas

Algunas ideas erróneas rodean lo mucho que cubre pip. No necesariamente paga todas las facturas. La cobertura de pip paga las tarifas habituales razonables para el tratamiento médico por lesiones relacionadas con el accidente.

Si un individuo se lesionó el cuello en un accidente y si todavía duele tres días más tarde y no está relacionado con el accidente, su cobertura de pip no va a pagar por ello. Sólo paga los síntomas de las lesiones causadas por el accidente. Incluso por las lesiones relacionadas con el accidente, la protección de lesiones personales sólo pagará el 80 por ciento de las facturas.

Ningún seguro de culpa es obligatorio en florida – usted es requerido por ley para comprarlo, por lo tanto es importante saber lo que se necesita de usted para aprovecharse de él en el evento que lo necesita.

Contacte con un abogado de lesiones personales para discutir los detalles de su caso y decidir si necesita representación legal. Un abogado de lesiones personales podría significar la diferencia entre conseguir un acuerdo que apenas cubre tus gastos o un acuerdo o veredicto que paga todas tus facturas y te permite volver a vivir tu vida.

El abogado de Tampa, Martin J. Hernandez

El Abogado Martin J. Hernández de Fernandez & Hernandez, llc en tampa proporciona representación legal para las familias en lesiones por accidente de auto y casos de muerte ilícitos. Nuestros abogados de lesiones personales de tampa dan la bienvenida a la oportunidad de entrevistar a usted y a sus seres queridos. Le invitamos a revisar nuestros resultados recientes de los asentamientos a los veredictos de juicio. Nuestras calificaciones y antecedentes también están disponibles para usted. Nuestros abogados de Tampa Martin Hernandez y Daniel Fernandez son bilingües también. Sólo llama a las 813-229-5353 para tu consulta gratuita.

Los Abogados de la lesión personal de Tampa de Fernández & Hernández, sirven a las comunidades de florida incluyendo tampa, Brandon, carolwood, westchase, riverview, terraza del templo, Pasco, pinellas, ST. San Petersburgo, Clearwater, lakeland, ciudad de las plantas, ruskin, playa Apolo, Dover, Valencia, lutz, lakeland y muchos otros barrios en la zona de tampa bay. Contacte con un experimentado abogado de tampa auto accidente de la ley Fernández & Hernández.

Si usted ha estado involucrado en un accidente de auto en el área de tampa bay, llame al abogado de lesiones personales de Tampa Martin J. Hernandez de Fernandez & Hernandez para una consulta gratis ahora. También recomendamos leer sus comentarios sobre las críticas de Google, avo y yelp.

Llama al abogado de lesiones personales de Tampa, Martin J. Hernandez de Fernandez & Hernandez al 813-229-5353 o leer más en: https://InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck

Understanding Uninsured Motorist Coverage

Understanding Uninsured Motorist Coverage

What happens if the at fault driver does not have insurance?

Quite often, the worse drivers don’t carry liability insurance because they either only have “no-fault” or no insurance at all.  Why? Because if you own nothing, you insure nothing because you have nothing to lose.  Read below how your Tampa Injury Attorney Martin Hernandez can help you, your family and those who ride with you be protected and compensated when the at fault driver does not have insurance or have enough insurance.

But how do you protect yourself if the at fault party does not have insurance?

Photo of a key board that says "Legal Advice"Simple. Uninsured motorist coverage. In Florida, Uninsured Motorist Coverage is an optional coverage you can purchase on your own auto insurance policy which will compensate you for your injuries if the at fault party does not have insurance or enough insurance. Uninsured Motorist coverage is for you and your relatives who live with you (i.e., resident relatives) and people who occupy your car. UM pays you for injuries caused by an auto accident where the at-fault driver is uninsured (has no insurance), under-insured driver (not enough insurance) or if you are the victim of a hit-and-run accident. UM coverage can only be used where you or your family members or driver of your car did not cause the auto accident.

One thing to know UM does not pay for your car.   We recommend purchasing collision coverage on your car to cover damages to your car caused by an uninsured motorist.

UM coverage pays for things like:

  • Medical bills
  • Loss of the future enjoyment of life
  • Lost wages and disability
  • Long term nursing care
  • Wheelchairs and medical devices
  • Pain & suffering
  • Death
  • Replacement services for things you are no longer able to do: yard service, cleaning, etc.
  • cost to retro-fit your house to accommodate disabilities caused by the auto accident

In Florida, if you elect to carry bodily injury liability insurance, the law requires that the insurance company also provides Uninsured Motorist coverage, unless you expressly reject it by signing a form!

Generally, UM coverage is intended to provide the insured with the right to recover from his or her own insurance carrier damages that he or she would otherwise be legally entitled to recover from an uninsured or underinsured tortfeasor.  Therefore, UM claims have several distinct legal elements: the “insured” must be “legally entitled to recover” damages due the tortfeasor’s “ownership, maintenance, or use” of an “uninsured motor vehicle” or “underinsured motor vehicle.”

 How is UM Coverage offered?

UM Coverage is offered similar to Bodily-Injury Coverage, in a limit per person and per accident. For instance a $10,000/$20,000 UM policy means that the UM carrier will compensate injured persons up to $10,000 per person or $20,000 per accident for all injured parties involved. UM coverage is normally available as such:

  • $10,000/$20,000
  • $25,000/$50,000
  • $50,000/$100,000
  • $100,000/$300,000
  • $250,000/$500,000
  • $300,000/$500,000

Who Is Covered by UM/UIM Policies

The people covered by an uninsured motorist coverage are the insured and members of their family (spouse, children or any relatives living in the same house) covered by the policy itself. The coverage also extends to people who were in the vehicle when the accident occurred. In an instance where the insured dies in the accident, the spouse would be entitled to coverage under the policy.

The 2 types of uninsured and underinsured motorist coverage

Like liability insurance, uninsured and underinsured motorist breaks down into 2 coverage types: bodily injury and property damage.

Uninsured/underinsured motorist bodily injury coverage (UMBI)

Can cover medical expenses, lost wages, and injury-related expenses for you, any permissive drivers, and your passengers, it can also provide coverage for injuries sustained in hit-and-run accidents.

Uninsured/underinsured motorist property damage coverage (UMPD)

If your car is damaged in an accident with an uninsured or underinsured driver, this coverage steps in to help. Unlike UMBI, this coverage doesn’t protect against damage caused by hit-and-run collisions.

What happens if the at-fault driver does not have BI and you do not have UM?

If you do not have UM, and the other driver has no bodily injury insurance, no matter how badly you are injured, you will not be able to recover anything from the insurance carrier other than the initial PIP coverage for medical expenses and lost wages — i.e., no pain and suffering, emotional damages, loss of quality of life and other non-economic damages.

Generally in this case, you have the right to bring a judgment against the at-fault driver for damages you have suffered due to their negligence. This means going after the responsible party’s personal assets.

Florida Statute 627.727 spells out Uninsured Motorist limits and when it applies and how it is limited by Florida’s No-Fault coverage.

If you were in a collision with a driver who did not have proper insurance coverage or is underinsured, you may be worried about how your medical costs and other losses will be covered. Even if you have uninsured / underinsured coverage, you may encounter resistance. Your insurance company may try to unfairly deny or limit the amount you are compensated.

If you’re in an auto accident caused by an uninsured motorist and you don’t have UM coverage, your health insurance will generally pay for your medical bills related to that car accident, with you paying for any deductible and co-payment amounts. That can easily add up to a hefty amount if you require a hospital stay. If you have UM/UIM coverage, that pays for health care expenses before your health insurance kicks in.

Your health insurance won’t pay for lost wages if you miss work or for pain and suffering resulting from the crash. Lost wages and pain and suffering are paid for by the at-fault driver’s liability insurance. If the other driver doesn’t have liability insurance, or doesn’t have enough of it, you’re out of luck — unless you want to pursue the matter in court.

As with any other car accident, before you can make a claim on UM/UIM coverage, car insurance companies will want to investigate the claim. They will confirm that the other motorist is uninsured or underinsured and that he or she is at fault.

You live in a no-fault state, it may still be a good idea to buy UM/UIM coverage. In a no-fault state, you have to file a claim with your own insurer— no matter who is to blame for the accident — and your right to sue the other party is restricted. However, drivers are allowed to sue for severe injuries and pain and suffering if the case meets certain conditions. If the other driver is uninsured or underinsured, and you win a lawsuit against him, there may be nothing to collect.

The state of Florida has one of the highest numbers of uninsured drivers in the country.  One should protect themselves in case of an accident. It is your responsibility to make sure that you have the right protection. The state has set up a minimum protection net for its drivers by requiring all its drivers to carry a $10,000 policy of Personal Injury Protection (PIP). There is a second lay to the umbrella of coverage. That is Bodily Injury Insurance. It pays for the expenses others incur if you cause an accident while driving. Remember that you are not just protection you and your family.

Uninsured Motorist coverage according to Tampa Injury Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck

Florida 14 day PIP Law

Florida 14 day PIP Law

What is the Florida PIP Law and how does it affect me?

As a Tampa Injury Attorney, I can tell you that it can be difficult to navigate Florida’s “no-fault” auto insurance laws and what is this 14-day rule that we hear about on the radio.

One issue that often arises after a collision is Florida’s 14-day rule in personal injury protection (PIP) insurance. It’s very important to understand the 14-day rule as a crash victim. Otherwise, you could face major hurdles in trying to secure benefits – or lose your right to compensation entirely. Here’s a breakdown of how the personal injury protection rule works.

Under the 2013 PIP law change, an accident victim must get “initial services and care” within two weeks of a crash if they want to receive benefits through their PIP coverage. Almost any type of medical attention will meet this requirement, as long as it comes from a qualified health care provider, or a qualified health care provider supervised or prescribed the care.

A qualified health care provider might include:

  •            A medical doctor
  •            A dentist
  •            A chiropractor
  •            An emergency medical technician

It is important to note that seeing a physical therapist, massage therapist, or other care provider not specifically listed in the statute will likely not meet the criteria. Your insurance company will likely deny your claim, and you will not receive benefits. It is always a good idea to go to the emergency department or see your doctor as soon as possible after a crash, both to ensure you are healthy and to meet this qualification as outlined in the Florida PIP 14-day Rule.

In addition to those injured, massage therapists and acupuncturists will no longer be allowed to treat patients under PIP. Even more worrisome to Florida citizens is that the law does not require insurance companies to notify policyholders that changes are forthcoming, effectively pulling coverage away from them without their knowledge or understanding. The new PIP law forces insurance companies to reduce their PIP rates by at least 25% by 2014, but they may petition the government to be excluded from these requirements. As many are receiving exceptions to the law, the changes have a chilling effect of ripping benefits from policyholders and proving a windfall for insurance companies.

The new law also created two different amounts that can be reimbursed to an individual seeking PIP benefits depending on whether that person has been diagnosed with an emergency medical condition. If a physician, osteopathic physician, dentist, physician’s assistant, or advanced registered nurse practitioner has determined that the injured person has an emergency medical condition, then that person will be allowed to obtain the full $10,000.00 in PIP benefits. An emergency medical condition, or “EMC” for shorthand, is defined as a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably be expected to result in serious jeopardy to patient health, serious impairment to bodily functions, or serious dysfunction of a body organ or part. An injured person who is not diagnosed with an emergency medical condition (EMC) will be limited to $2,500.00 in PIP benefits even though the injured persons pays for $10,000.00 in benefits through their insurance policy.

For a multitude of reasons, avoiding medical attention after an accident is never smart. Being afraid of high medical expenses, for example, is a reason to seek treatment – not to avoid it – because that treatment could cost you much more in the future. If you’re anxious about missing work, you’ll miss much more if your condition later becomes serious. After a traffic collision, seek medical attention at once. If you get a “clean bill of health” you’ll also get peace of mind. And if you’ve suffered an injury, discuss your legal rights and options as quickly as possible with a good personal injury attorney.

Emergency Medical Condition

Emergency medical condition” as it applies to PIP insurance claims in the state. The statute outlines this as a situation where victims suffered from acute symptoms that require immediate attention to prevent:

  •    Endangering their health and wellbeing
  •    Impairment of a major body function
  •    Serious dysfunction of any organ or body part

It is a good idea to discuss this with your doctor, who can note in your charts that you suffered an emergency medical condition. This may help your case. It is important to note there does not have to be a determination of whether your injury is an “emergency medical condition” within the first 14 days after an accident. As long as you seek medical care within the first two weeks, you should be eligible for some type of payout from your PIP insurance provider.

Misconceptions

Some misconceptions surround how much PIP covers. It does not necessarily pay all of the bills. PIP coverage pays the reasonable customary charges for medical treatment for injuries causally related to the accident.

If an individual injured their neck in an accident and if it still hurts three days later and it is not related to the accident, their PIP coverage is not going to pay for it. It only pays for those symptoms of those injuries that were caused by the accident. Even for the injuries causally related to the accident, Personal Injury Protection will only pay 80 percent of the bills.

No Fault insurance is mandatory in Florida – you are required by law to purchase it, therefore it’s important to know what’s required of you to take advantage of it in the event you need it.

Contact a personal injury attorney to discuss the specifics of your case and decide whether you need legal representation.  A personal injury attorney could mean the difference between getting a settlement that barely covers your expenses or a settlement or verdict that pays all of your bills and allows you to get back to living your life.

Tampa Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck

Why You Do you Need a Lawyer After a Tampa Car Accident?

Why You Do you Need a Lawyer After a Tampa Car Accident?

Simple really. Attorneys know the rules and laws in order to protect our clients from being victimized or overrun by others who know the rules. Hiring a lawyer is not only proactive, it is also protective. Simply put, don’t do it yourself. Hire a lawyer.

Timing is very everything. After an auto accident, when is the best time to Get Lawyered Up?

Mug that says" Laweyrs - because people are idiots."Now is the best time to get a Tampa Accident Attorney. We always recommend as soon after the accident as you can to get a lawyer. The insurance companies are already hard at work protecting themselves and their insureds. Shouldn’t you?

Auto accidents are a big pain. Both literally and figuratively.  Everything about it.  From being injured or to you losing the use of your car.  Getting around Tampa Bay without a car is truly a pain.

One of the furthest things from your mind might be shopping for a lawyer, but an attorney can help you recover money for your damaged or destroyed property, your medical expenses, and maybe even your attorney’s legal fees. The sooner you speak with a qualified lawyer, the more likely you are to protect your rights and get the help you need.

You have a life and you need to live it.  You most likely have a job, bills to pay, or a family to take feed.  Everyone has responsibilities, so when you are injured by someone else’s driving, you shouldn’t have to take on the responsibility of handling that case on your own. It costs you nothing to have a trained and qualified accident attorney handle every aspect of your car accident case. All you should be worried about is treating your injuries and handling your responsibilities. Let a car accident lawyer handle everything else.

Technically, you can file a personal injury claim against an insurance company by yourself. Some people choose this route when they’ve suffered only mild injuries and have the time to research the legal claims process themselves. Also, skipping an attorney will save you some money in legal fees.

However, an accident attorney— especially a personal injury attorney—can help you go up against big auto insurance companies and their team of lawyers and adjusters. Your attorney already knows the personal injury laws and procedural rules and can effectively handle all the legwork for you. He or she will act as your advocate throughout the entire case.

Because an insurance company’s lawyers and adjusters have the knowledge to reduce compensation and even deny the claim altogether, hiring an accident attorney for you is the best option for people who:

  • Suffered injuries.
  • Incurred medical bills.
  • Experienced loss of wages due to their injuries.

It is important to note that not all personal injury law firms are the same. In fact, many of the biggest advertising firms are little more than a mill. A settlement mill is a firm that relies on heavy advertising as the lifeblood of their business and barely litigate their cases.  Such firms do not rely on current or former clients to refer cases via word-of-mouth and can thus afford to run all auto accidents through the “settlement mill.”  We don’t.

Our firm only wants you to be our client one time.  However, we want everybody you know to come to our firm if they need a lawyer.

Tampa Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck

Insurance Myths: What type of Insurance is actually needed in Florida?

Insurance Myths: What type of Insurance is actually needed in Florida?

By: Tampa Injury Attorney, Martin J. Hernandez, Esq.

Many of you have heard all types of story both good and bad about car insurance. Hopefully this article will help lift some of the vial of confusion.

I don’t need motorcycle insurance

Full Auto Coverage in the State of Florida - Photo of a man with a clip board pointing to a piece of paper that says insuranceInsurance is not need to register your motorcycle, but if you are in an accident and do not have insurance be prepared to pay for everything yourself out of pocket.  If you are found to be at fault (or even partially at fault) for the accident you are responsible for covering the costs of property damage and the bodily injury suffered by the other party. The owner of the motorcycle needs to carry Liability insurance.  Motorcycle owners are unable to purchase personal injury protection for their motorcycle even if they have it for their other vehicle.  You can also have your driving privileges suspended along with your registration and tag. To get your privileges back will cost you a lot in fees.

“Full Coverage”

There is no such thing as full coverage insurance in Florida. What most people have when they think that they have full coverage is property damage and personal injury protection only.  Basically, the bare minimum in Florida to obtain a driver’s license. These are the only two types of insurance coverages which are required by the state of Florida.  Frankly, this is the bare bones minimum and it is never enough.  Other insurance that you may consider to protect you and your family:

 Bodily Injury Liability referred to as BI. BI is to protect your personal assets if you caused or contributing to an accident. Basically, it kicks in if you are at fault.  If you do not have BI and are found at fault in judgment you are the one on the hook the settlement (money). If you don’t have Bodily Injury Liability coverage, and you want to have an attorney defend you in a lawsuit brought against you by an injured party, the attorney’s fees alone could be more than $20,000.00.  This does not even include what you would owe to the victim.  Typically, this is what you collect from the at-fault party when you are not at fault and are injured by the at-fault party.

Uninsured or underinsured Motorist coverage is referred to as UM.

When you have UM your own insurance company will pay you for your damages if the at-fault driver either does not have Bodily Injury Liability coverage or does not have sufficient coverage to adequately pay all of your damages.  Underinsured motorist coverage is perhaps the most important coverage you can buy to protect you and your family.  It is also the cheapest coverage you can buy “dollar for dollar.”

The belongings in my car are covered by my car insurance.

Only the vehicle and its passengers may be insured by the car insurance policy. Personal items like cell phones, laptops, instruments, strollers, etc. are not covered even if they stored in the vehicle and damaged during an accident. These types of belongings are to be filed under personal property insurance under your homeowner’s or renter’s policy.

Car Color affects the price of your insurance

The color of your car does not affect the price of your policy. When shopping for car insurance. They will ask you the year, make, model, the size of the motor (number of cylinders), how old you are, and if you have had any accidents recently.  They never ask you the color of the car.

New cars are stolen most often

Not true, most often older cars are the ones that are stolen. Here is a list of the most stolen vehicles according to the Florida time’s union.

In Florida, the top 10 most stolen vehicles in the 2015:

  1. Ford Pick-Up (Full Size) 2006 (2,070)
  2. Honda Civic 2000 (1,127)
  3. Nissan Altima 2015 (1,098)
  4. Toyota Camry 2014 (1,089)
  5. Honda Accord 1997 (1,025)
  6. Toyota Corolla 2014 (914)
  7. Chevrolet Pick-Up (Full Size) 2015 (786)
  8. Chevrolet Impala 2015 (542)
  9. Dodge Pick-Up (Full Size) 2005 (534)
  10. Nissan Maxima 2014 (479)

If you file an insurance claim your insurance rate will go up.

The truth is if you get into an accident with another driver, that driver may file a claim for damages or injuries. If they do, it will only be a short time until the injured party’s insurance company files a claim against you and your insurance company. Once this happens, your premiums may increase.

Additionally, if you were issued a ticket as a result of the crash, it can appear on your driving record and trigger a premium increase.

However, if you are injured and you only file a Medical Claim (also known as a No-Fault claim or PIP claim) your car insurance will not go up.  It’s actually enumerated in Florida law.

If you have Full coverage your insurance will cover the cost of replacing your care.

Not true the insurance company will pay you fair market value for your car that may be less than what you owe on it. Leaving you on the line for the rest of the money. You can purchase Gap insurance that will cover the difference in what you owe and the amount the insurance company pays you. If your car was paid in full the same thing happens. You will not get a brand new car to replace the car that you lost. They will give you fair market value. Car insurance companies do not sentimental value into consideration when determining the price.

Moving will not affect my Insurance rate.

This is a false statement. Moving even in the same city may cause your premiums to go up. Insurance is based on statistic.  Things that can affect the policy are going from rural less populated are to and urban area that is more densely populated. Also the statistic such as number of car accidents and car theft.

Smaller cars cost less to insure.

This is not true. The amount of damage may be far worse in a smaller car, than what may have happened to a larger car in the same accident. It also depends on the type of coverage that one carries. Just like before it depends on the statistic of accident damage of that type of car.

Your Credit Rating does not affect your insurance rate.

This is a false statement. In fact, your credit has a huge effect on your insurance rate. Why is that? Your credit score reflects your financial affairs and insurance companies take this into consideration when you want to purchase your auto insurance plan.

Tampa Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Full Auto Coverage in the State of Florida - Photo of a man with a clip board pointing to a piece of paper that says insurance of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck