If you or a loved one has been injured in a car crash, the amount you have or will receive through insurance claims may not be enough to fully cover your losses. Due to recent changes in Florida insurance regulations, you are only permitted to file a personal injury lawsuit for additional compensation if your injury is considered to be severe or disfiguring.
At Morgan & Morgan, our attorneys have the experience needed to gather, analyze and present evidence that can help to highlight why your injury qualifies you for the chance to seek additional compensation. In addition, we regularly consult medical experts who can help support our findings, and subsequently, increase your chances of being able to pursue a personal injury lawsuit against a careless driver or another negligent party.
Our Fort Myers lawyers believe you shouldn’t be disqualified from compensation simply because insurance companies didn’t believe your injury was extreme enough, and work to get you a fair compensation for what you’ve been through.
How Can PIP Insurance Impact My Compensation?
PIP generally will not cover your medical bills unless you seek medical treatment within 14 days of the accident. If the medical condition is not an “emergency medical condition,” PIP insurance generally will only pay a maximum of $2,500 in benefits. Florida law defines “emergency medical condition” as a medical condition that requires immediate medical attention and could reasonably be expected to result in serious jeopardy to the patient’s health.
It is important that you retain proof of your out-of-pocket medical expenses so that you can be reimbursed. Our lawyers can walk you through and ensure that you receive appropriate compensation for your injuries.
To seek compensation through a personal injury lawsuit, you must have sustained serious, permanent injuries. If you have not suffered serious injuries, you are generally limited to receiving compensation through your PIP policy and are barred from filing a personal injury lawsuit.
Fort Myers Car Accident Lawsuit Process
After the Crash: Immediately after a collision, you should be evaluated by a physician. Your doctor can help establish whether you have suffered an “emergency medical condition,” which will allow you to recover all available PIP benefits. He or she can also document all visible scratches, bruises, or lacerations.
Receiving PIP Benefits: Although you may carry $10,000 in PIP insurance, you may not be entitled to collect this entire amount. In most cases, victims collect approximately $2,500 in benefits, unless they are diagnosed with an “emergency medical condition,” in which case they may be able to recover the full amount.
Passing the Injury Threshold: If you want to take legal action, your attorney must prove that your injury exceeds the threshold set by Florida state law.
Investigation: If your injury exceeds the threshold, your lawyer will launch an investigation to collect evidence of the opposing party’s negligence.
Negotiations: Before a lawsuit is officially filed, the parties involved in the case may try to negotiate a settlement. The insurer will want to minimize its potential payout and may employ tactics to reduce their responsibility for payment. To counter these tactics, your attorney will use your claim as leverage to show why the insurer’s client should be liable for damage caused by the wreck.
Litigation: Should negotiations fail, your attorney will officially file your claim with the Florida court system.
Fort Myers Truck Accidents
Trucks traveling across the nation are required to adhere to standard traffic laws, as well as specific regulations enacted by the Federal Motor Carrier Safety Administration. These regulations, passed in an attempt to protect truck drivers and others using common roadways, standardize and impose restrictions on the operation, maintenance and supervision of trucks.
When a truck fails to adhere to local, Florida state, or federal regulations, and a crash occurs, the driver, owner, maintenance crew, or manufacturer may be liable for any resulting damages.
At Morgan & Morgan’s, our truck accident lawyers have years of experience handling cases stemming from the negligent operation, maintenance, and manufacture of tractor trailers and have successfully recovered compensation on behalf of our clients.
Fort Myers Motorcycle Accidents
Motorcyclists do not have to purchase PIP insurance. Therefore, riders who were injured due to another’s negligence may be eligible for legal recourse - regardless of whether they surpass Florida’s injury threshold. Our motorcycle accident lawyers have a history of success in collecting and presenting evidence that illustrates another driver’s negligence and, as a result, have recovered substantial awards for our clients through both settlement negotiations and litigation. In motorcycle wreck cases, a motorist may be considered negligent if he or she turns left into the biker’s path, fails to pay attention to surrounding vehicles and conditions, fails to give the motorcyclist the right of way, or operates his or her vehicle while distracted.
Injuries and Compensation
The amount of compensation you can recover will depend on the severity of your injury, any applicable insurance regulations or limitations, and the degree to which the negligent party deviated from acceptable driving standards. Available damages include medical bills, lost wages, pain and suffering, loss of earning capacity, loss of consortium, loss of enjoyment of life, and funeral expenses.
What sets Morgan & Morgan apart from other law firms is our track record of success and large compensation amounts our clients get. Here are some examples of multi-million dollar verdicts and settlements we have gotten for clients in the Fort Myers area.
- $3 million verdict for the family of a 16-year-old boy after he was hit by a truck on his walk to school, resulting in his death.
- $2.84 million settlement for a 55-year-old man who bumped into a automobile in his blind spot trying to change lanes, spinning out of control and hitting the rear of a tractor trailer. He endured a brain injury and an amputation below the knee.
- $2 million settlement for the surviving family members of a 68-year-old man killed in a collision on the highway.
- $1.1 million settlement for a 22-year-old man who suffered a spinal fracture after an crash in an intersection and had limited ability to work afterward.