We are frequently asked this question and the answer is simple: It depends. Factors, such as the complexity of the accident as well as the particular injuries sustained, will determine the time frame of the outcome. Clearly, the more injured the person is the longer it will take for them to recover from those injuries. Understand this, our firm does not get paid until you do and we want to make sure that you are properly compensated, so the delay is not for our benefit. We resolve our client’s cases based on an understanding of their current and future medical conditions. This being said, once our law firm becomes involved, the average car or auto accident case is resolved within 8 to 12 months.
If you have been injured in an auto accident, call the law office of Tampa lawyer Daniel Fernandez and Tampa lawyer Martin Hernandez – Tampa attorneys handling personal injury and car accident claims. 813.229.5353
The Florida legislature in 2012 changed the Personal Injury Protection (PIP) law due to take effect on January 1, 2013, under the guise of preventing insurance fraud. Florida requires each driver to carry at least $10,000 in PIP coverage, which allows a Florida motorist to receive medical benefits if involved in an accident, regardless of fault.
Under the new law, individuals injured in car accidents will have only 14 days to seek initial treatment as opposed to the previous policy that placed no time limit on treatments. If treatment is sought after two weeks, nothing will be reimbursed by the insurance company. Further, policyholders may be eligible for only $2,500 in coverage, as opposed to the previous limit of $10,000. Only those with an “emergency medical condition” are eligible for the higher limit, while those with less severe injuries will receive only up to $2,500. Only a medical doctor, osteopathic physician, dentist, physician assistant, or advanced registered nurse practitioner may diagnose an “emergency medical condition.” A chiropractor cannot diagnose an “emergency medical condition.”
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. Recently, the constitutionality of this new law was challenged and a portion was successfully held unconstitutional. The 14-day limit, however, is still in effect and sets an extremely small window for injured motorists to seek medical treatment.
Therefore, do not hesitate to seek help immediately or be prepared to be shut out of PIP compensation. Due to this change, it is absolutely critical for those injured in auto accidents to contact Martin J Hernandez immediately following an accident to ensure that their rights are protected.
Effective January 1, 2013, Florida Statute § 627.736 individuals injured in a car accident (who are seeking Personal Injury Protection medical benefits that they pay for already) are required to receive an initial evaluation and care WITHIN 14-days of the motor vehicle accident. This evaluation needs to be done by a M.D., D.O., Physicians Assistant, Dentist or Advanced Registered Nurse Practitioner (BUT NOT A CHIROPRACTOR INITIALLY) to determine that the injured person has an emergency medical condition.
If you are injured or have any questions on what to do if you are injured in a car accident, give us a call at 813-229-5353. Also, if you do not have a doctor who can qualify you for these benefits, we can refer you to an approved and licensed facility.
The beauty of Personal Injury Protection (PIP) (also known as Florida No-Fault) is that your medical bills and lost wages are taken care of by your insurance company. The reason why your insurance company will pay yours and mine will pay mine is that Florida created the system of each person’s insurance will pay their own medical bills up to $10,000.00. Regardless of fault. All this is done quickly and effortlessly and should not affect your car insurance rates.
Even if you are not sure if you are at fault, we can help guide you through this system and get you to the right doctors right-away. Furthermore, we may still be able to help you with your auto accident claim. Every year, the auto accident lawyers at Fernandez & Hernandez litigate numerous lawsuits involving auto accidents.
Give us a call today at 813-229-5353 for your free consultation.