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OVERVIEW: If you are injured as a result of an automobile accident, you have a right to be compensated for your injuries and medical expenses. When you are injured, you should immediately seek the assistance and help of a lawyer. More importantly, you should seek medical assistance for your injuries and keep all appointments for your doctors and therapists. To assist in the recovery of your case, you should pick up a copy of the accident report as you will need this document to make your claim. It is also suggested that you photograph the scene of the accident, your injuries and the damages to your automobile. You will also find it helpful to keep a journal for the accident so you can list all details of the accident, the witnesses you have, and the times and dates for your medical appointments. A journal can be incredibly helpful over time as you may find yourself forgetting the details of the accident. Finally, to preserve your insurance claim rights, you should promptly notify your insurance company of the accident.
The State of Florida is a “no-fault” State, which means that regardless of who caused the accident, there are State insurance requirements in effect to ensure that your minimum medical costs and expenses are paid. These insurance requirements are known as Personal Injury Protection (PIP) which every licensed driver is required to carry and is used to pay for up to $10,000.00 of your own medical expenses.
With the rising cost of medical treatment, it is not hard to imagine that this minimum insurance requirement is hardly adequate to compensate you for all of your medical expenses. More troubling is the fact that many drivers still refuse to care this minimum requirement even though it is required by law. Additionally, Personal Injury Protection is intended to be used only for medical expenses and costs, and not the effects of your injuries, namely pain, suffering, disfigurement, scarring, or lost wages and earning capacity.
To recover damages for your personal injuries, a medical doctor must conclude that your injuries are permanent and have impaired you in whole or in part. Thereafter, you must seek relief against the negligent party to pay you for your personal injuries in addition to all other costs including any excess medical expenses beyond those paid by your Personal Injury Protection insurance as well as any property damage that you may have suffered to your vehicle. In order to prevail, you must be able to prove that the other party was the proximate cause of your injuries and the accident in question. To maximize your recovery, all contributing sources for the accident must be examined as well as all applicable insurance coverage available to you
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