Personal Injury Law

Your Rights under Florida Law Part Two

By Marvin Pincus, Esq.

Part Two of A Two Part Series

Key provisions under the new law effective January 1, 2008:

1. PIP will pay 80% of all reasonable and necessary medical expenses up to the $10,000.00 policy limit and subject to whatever deductible you choose.

2. A new fee schedule for medical bills limits doctor's reimbursement to 80% of 200% of the Medicare rates and the emergency room doctors to 80% of their usual and customary charges.

3. The new law will reserve $5,000 for emergency room doctors and inpatient hospital physicians until 30 days after the date the insurer receives notice of the accident.

4. The policy will pay 60% of disability benefits for any loss of gross income and earning capacity from inability to work.

5. It will also pay 100% of reasonable replacement service such as child care, housekeeping and yard work.

6. It will also pay a death benefit of $5,000 per individual, or the remainder of unused PIP benefits, whichever is less.

Liability Lawsuits

In order to be allowed to sue for pain and suffering for injuries resulting from an automobile accident, you must have sustained either of the following:

1. Significant and permanent loss of an important bodily function.

2. Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement

3. Significant and permanent scarring or disfigurement

4. Death.

Full post as published by LaBovick Injury Law Blog on January 18, 2011 (boomark / email).