Frequently Asked Questions
- Page 15
-
What Do I Need to Know About Uninsured Motorist Coverage in Florida and ERISA When it Comes to an Accident? Uninsured motorist coverage in Florida will provide protection if you are involved in a car accident caused by a driver who does not have enough bodily injury liability insurance to pay the full value of your claim. Part of your bodily injury claim may include medical expenses not paid by your personal injury protection (PIP.) Uninsured motorist coverage protects you and the occupants of your vehicle by paying for required medical treatment.
Uninsured Motorist Coverage in Florida and ERISA Laws
If your insurance agent advised you to skip uninsured motorist coverage in Florida or to buy low limits because you have good employer sponsored health insurance, you may want to think twice. Many employer-sponsored health insurance plans which pay your required medical expenses resulting from a car accident would have the right to be fully reimbursed if you won a Florida personal injury claim. This could leave you empty-handed.
The Federal Employee Retirement Income Security Act of 1974 (ERISA laws) has made it easier for many employer-sponsored health insurers to get fully reimbursed from your settlement. ERISA laws override Florida laws which would prevent such full reimbursement.
ERISA laws give the health insurer the right to include statements pertaining to full and complete reimbursement in policy documents. In addition, most all health insurance plans, even those not covered by ERISA laws, also have reimbursement rights including Medicare and Medicaid.
The bottom line is that you will have to repay medical expenses paid by your health insurer if you win a settlement. Your only protection for full recovery is purchasing adequate uninsured motorist insurance coverage so that reimbursement of these liens doesn’t eat up all your settlement.
Have You Been Injured In A Car Accident?
If you've been hurt in Florida car accident you should speak with an experienced car accident lawyer as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free, no obligation consultation.
-
Can I Settle My Florida Personal Injury Case on My Own without an Attorney? By all means, if you’ve been injured in a car accident in Florida and you want to settle your personal injury case on your own without an attorney, you can.
It is your choice whether or not to hire a personal injury attorney to represent you. Chances are, though, if you try to settle your case on your own, you’ll end up frustrated, overwhelmed, and worst of all, with an inadequate settlement that won’t cover the extent of your expenses.
That’s because personal injury claims involve insurance adjusters, who are typically out to undervalue your claim, in order to keep their company’s budget in check. If you plan to go it alone , you’d better clear some space in your schedule, because there are numerous hurdles you’ll have to cross to even get to the part in your claim where you reach a settlement, if one is offered at all.
Tasks a Personal Injury Attorney Can Help You with After Your Accident
- take over all communications with the insurance companies on your behalf;
- analyze both your and other parties insurance policies to determine your legal options;
- gather evidence and records to begin building your injury claim;
- contact witnesses and get statements;
- work with accident re-constructionists or other experts to help defend your claim;
- negotiate with the insurance company for a fair settlement; and
- if necessary, take your claim to court as a formal lawsuit.
Have You Been Injured In A Car Accident?
If you've been hurt in Florida car accident you should speak with an experienced car accident lawyer as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free, no obligation consultation.
-
How Much Does It Cost to Hire a Lawyer in Florida? You Will Never Write Us a Personal Check
That’s correct! One of the questions we are asked most frequently is “will it cost me money out of pocket” to hire a lawyer for my car accident case in Florida. We guarantee that you will never write us a personal check for attorney’s fees or expenses.
All of the work we do for you will be done on a contingency fee arrangement. This means you will not make any payment to us until we settle your case. Our fee and any expenses are paid at the time your case is successfully settled and come from the settlement money.
All lawyers in Florida are required to put their contingency fee agreement in writing for each client to sign. You can feel completely at ease about this with our exclusive “No Fee Promise,” which we put in writing so you can look it over, before we even meet. How many other lawyers do this for their clients? And, you’ll have your own copy along with your other documents when you hire us to handle your case.
Hiring an experienced car accident lawyer will help you know what to do and what not to do after a serious car accident. It is the best way for you to maximize your financial recovery from the insurance companies who may owe you money. That’s why we are offering a free report, If You Don’t Hire an Experienced Car Accident Lawyer, You’ll Hate Yourself Later.
-
Do You Limit Your Practice to Personal Injury? How Many Years have You Practiced and Have You Handled Cases Like Mine? Not all personal injury lawyers are alike. And personal injury law is too complex for someone who just dabbles in it. Experience counts. It takes years of handling injury cases and of negotiating with insurance companies before a lawyer understands the tactics and strategies.
Here are some other questions you might want to ask a personal injury attorney before hiring them:
-
What is Your Rating on Martindale.com and AVVO.com? You want a lawyer rated AV Preeminent on Martindale, the most respected nationwide peer review lawyer rating services. Look for a lawyer with a 10 Superior rating on AVVO, another nationwide rating service.
Clearwater Personal Injury Lawyer Jim Dodson's Accolades
Clearwater personal injury attorney, Jim Dodson was chosen as one of Tampa’s top-rated lawyers in Tampa Bay Magazine’s special publication, Tampa’s Top Rated Lawyers 2012 Edition. To be chosen for the Tampa Bay Magazine feature article, an attorney must be listed in Martindale-Hubbell as AV Preeminent. This is the highest peer review rating a lawyer can earn. Jim also has the highest possible ratting on AVVO.com.
Here are some other questions you might want to ask a personal injury attorney before hiring them:
-
What is a Contingency Fee and Why is it Used in Accident and Injury Cases? There are two ways for a lawyer to be paid by a client for the work they perform. They can charge a client an hourly rate or use a contingency fee. With an hourly rate, a client is billed each month for each hour the lawyer works. Those bills must be paid each month whether the client recovers on their claim or not.
How Do Contingency Fees Help Personal Injury Clients?
The contingency fee was created to allow the average person access to the lawyer of their choice without the financial pressure of hourly billing. Under the contingent fee, the lawyer has the risk of not being paid if the case does not result in their client being compensated.