Personal Injury Learning Center

Personal Injury Learning Center

Being involved in an accident not only causes debilitating injury, but also stress, trauma, and financial burden. But hope and help are always on the horizon. If you’re a personal injury victim in Miami, Florida, Your Care Health Network offers relief and complete care.

In addition to getting immediate care, it’s also necessary to educate yourself about personal injury cases, treatment options, and legal issues. As part of our commitment to ease your burden, we’ve created a learning center. The purpose of this page is to link you to the most accurate medical information and legal issues surrounding personal injury in Florida.

Read our blog and FAQs page and make informed choices about your recovery and health.

Physical therapy session

FREQUENTLY ASKED QUESTIONS

  • As a Floridian, you should be aware that state law requires you to carry personal injury protection (PIP or no fault) coverage as part of your auto insurance policy in Florida. This means that if you purchase mandatory coverage, your insurance will pay for 80% of the first $10,000 of your medical bills if you suffer from an emergency medical condition in a car accident, and $2,500 if you do not.
  • However, the law was recently tweaked and now has a major new stipulation. Florida residents only have 14 days to seek treatment following a car accident. This is referred to as “the 14-day rule,” and is unique to the state of Florida.
  • What does PIP Insurance cover?
    1. In the state of Florida, PIP Insurance is required to cover medical expenses and lost wages. This means that PIP will pay for your medical bills, within the parameters above, and 60% of any loss wages due to your injury. PIP also covers your passengers or a pedestrian or bicyclists that were not in your vehicle but were struck by you. Motorcycles do not count in this category. PIP can also be used for relatives living in the same house or anyone driving the insured’s vehicle. See this article more details on PIP and what it covers.
  • What is MedPay car insurance?
    1. Medical Payments Coverage, or MedPay, is optional in Florida. In fact, many drivers do not have MedPay coverage, but it may prove useful. This type of coverage is very beneficial as a supplement to your PIP coverage, as it will pay for the 20% co-pay that PIP does not pay and for medical expenses above the $10,000 cutoff. Similar to PIP, MedPay will cover the insured (you), any of your passengers, and any pedestrians or bicyclist that you strike. It may also cover you when you’re injured as the passenger in someone else’s car.
  • Health Insurance and PIP

You might be wondering what happens if you do not have MedPay and you need to pay the remaining 20% or costs that exceed $10,000? Your health insurance will pay the remainder; however, they may look for repayment of that money from the other driver or from your own Uninsured or Underinsured Motorist coverage. If you make a claim against the at-fault driver and recover a settlement or jury verdict at trial, then your health insurance company may have a right to reimbursement to be paid out of the settlement or verdict. Finally, if you do not have health insurance and the accident was not your fault then you have the right to recover these medical costs from the at-fault driver, but this recovery will not happen right away. It may take months or years for the settlement and/or trial to go through. In the meantime, you will still be responsible for paying the medical bills. The expenses associated with your medical care after a car accident will be split between your car insurance company through PIP, your health insurance (at least for now), and the other driver’s policy, if the accident was their fault and this is proved in litigation.

  • It is impossible in the early stages of a personal injury claim to predict when a claim will settle. Some cases settle in a matter of months after the injury, while others can take years to get to settlement or trial. Your lawyer will usually wait until you have completed recovery from your injury or have at least come close to recovery before trying to settle your case. It is important to know the following before your case is settled:
    1. What is the total of all medical bills?
    2. Will I require any future medical treatments?
  • If further medical treatment is necessary, am I responsible for the costs?
  1. Are any of my injuries are permanent?
  2. If any of the injuries are permanent, how do such permanent injuries affect my earning capacity?
  3. What was your total loss of income and what other employment benefits affect your earning capacity?
  • Is it likely that I will lose any further income because of my injury?

There are other factors which must be taken into consideration before settlement. As the case progresses, your lawyer will have some idea as to the approximate time that

It is illegal for your insurance company to raise your Insurance rates for making a PIP claim. This is a common misconception patients have due to being misinformed. A lot of people assume that your insurance premiums will go up if you visit the hospital or receive medical treatment. In fact, your PIP insurance covers 80% of your medical bills up to $10,000 (subject to any deductible).

Following a Car accident or any other personal injury, it is very common to first notice pain or soreness. The onset of these symptoms can be felt in the days or weeks after an accident. Once your body allows the adrenaline to subside, inflammation starts to develop, and the pain begins to set-in. It is also very common to pay most attention the body part experiencing the most amount of pain, such as your knee. The pain in your knee is so excruciating that you don’t really notice or care about the pain in another body part, such as your lower back. As your knee heals, you begin to realize that you may also have lower back pain or even neck pain due to whiplash in a car accident. This could be weeks later, and when you mention it to your doctor the insurance companies will always attack this delay in reporting and argue that you are just trying to “game” the system. Here at Yourcare Health Network we make sure to thoroughly evaluate our patients with the proper techniques and procedures to ensure you receive the treatment you require.

  • A lot of people will go to see their primary care doctor after an accident only to hear “We don’t handle accident cases” to then be turned away. There are a couple of reasons for this.
    1. Accidents and personal injuries require immense amount of paperwork. Most Doctors do not have experience dealing with auto insurance companies which often results in a nightmare for the Patient and the staff at the doctor’s office. Yourcare Health Network has years of experience treating complicated car accident patients to ensure the process runs as smooth as possible for all parties involved.
    2. Treating a car accident victim is different. Car accident patients have different types of “soft tissue” injuries that many doctors are inexperienced with. Not only do they lack the experience to properly treat the conditions, they do not have the proper equipment to diagnose you. Additionally, Soft Tissue injuries include minor sprains and strains, which may require minimal treatment, however, they also include injuries such as ligament tears, tendon tears, and herniated spinal discs which are all injuries that often require surgery. It takes a specialized doctor, who is experienced in handling these types of injuries, to properly diagnose and treat these types of injuries.

Most doctors will not take a patient that is involved in a lawsuit, mainly due to the increased amount of work required to properly document and diagnose complicated medical conditions resulting from Personal injuries such as Car Accidents, Boat accidents, Slip and fall accidents and On the Job Injuries.

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