Even though you’ve faithfully paid your insurance premiums, it doesn’t always mean that your insurer will pay out claims when you need them. In many cases, no-fault insurance policies don’t cover nearly as much as accident victims need to handle medical expenses, lost wages, etc.
That’s especially true for individuals who have their no-fault insurance claims denied.
Although Florida no-fault insurance laws require insurers to make expeditious payments for claims (no matter whose fault the accident is), it doesn’t always work that way. Insurance companies are notorious for issuing a denial of claim letters and making low-ball offers.
With that in mind, if you’ve received a claim denial letter or a subpar offer, it’s in your best interest to consult a Florida car accident lawyer as soon as possible. Our attorneys at Schrier Law Group have helped countless people recover maximum compensation.
We’re confident that we can obtain the best possible outcome for you as well. Contact us today for your free initial case evaluation.
Continue reading to learn more about what to do when your insurer denies your car accident claim in Florida.
Understanding No-Fault Insurance in Florida
Every driver in Florida must carry no-fault PIP insurance coverage of at least $10,000. Generally, PIP insurance pays insurance claims (up to the amount covered) regardless of who’s at fault in an accident.
In most cases, PIP insurance covers up to 80% of the reasonably necessary medical care for driver accident injuries. Further, it can also reimburse you for up to 60% of lost wages.
If you suffer from severe injuries in the accident, you can also pursue a personal injury claim (to cover damages above PIP insurance coverage) against the at-fault driver. Potentially recoverable damages can include:
- Medical expenses
- Cost of rehabilitation
- Lost income
- Pain and suffering
- Property damages
However, if the injuries you sustain don’t reach the PIP insurance threshold, you are typically limited to personal injury protection benefits.
Reasons You May See a Denial for Your Personal Injury Protection Claim
Unfortunately, insurance companies are not in the business of helping people recover from devastating injuries. Like most companies, their interests lie with the bottom line.
That means that they can and will deny your claim for a multitude of reasons, including but not limited to:
- Neglecting to seek adequate medical care within two weeks of the accident
- Receiving medical care deemed unnecessary for the injuries sustained by the collision
- Injuries unrelated to the collision
- Driving while under the influence
- An injury resulting from or exacerbated by pre-existing conditions
- You intentionally caused the crash, or the car was stolen
- You were committing a felony offense at the time of the accident
- Your Personal injury Protection policy doesn’t cover the collision or injuries
Although insurers have the right to deny claims, you shouldn’t always take PIP insurance claim denials at face value. Your auto accident lawyer can help you file an insurance claim denials appeal in many cases. Learn more below.
How to Appeal PIP Claim Denials
If you receive a PIP claim denial letter, it will include instructions for submitting an appeal. However, it’s important to note that you are usually required to submit your appeal within a specific time. Otherwise, it will not be effective.
In many cases, insurers use bad faith practices to underpay or outright deny otherwise viable claims. Sometimes, the insurer just needs additional information. However, if you receive a denial from your appeal, it may be time to consult an auto accident lawyer.
Working with an experienced auto accident lawyer in Florida can drastically increase your odds of recovering maximum compensation for your damages. Depending on the circumstances of your case, your auto accident lawyer may be able to recover compensation for losses incurred due to the wrongful denial of your claim.
Contact a Florida Auto Accident Lawyer Today
Suppose you had injuries from a car accident, but your insurance company refuses to pay PIP benefits. In that case, a proven auto accident lawyer can help you assert your rights, negotiate with your insurer, and take your case to trial if necessary.
Further, if your damages exceed your PIP allowances, an attorney can also help you file a personal injury claim against the at-fault party. You don’t have to accept your insurer’s excuses for not compensating you for your injuries.
Instead, work with an attorney who will aggressively fight on your behalf for maximum compensation. Contact a top-rated auto accident attorney today at Schrier Law Group for your free initial consultation.
How to Prove Pain and Suffering in Florida
Florida personal injury statutes allow plaintiffs to pursue accident claims for medical bills, lost income, property damages, and pain and suffering. While most economic damages are apparent, there are a few grey areas concerning non-economic damages like pain and suffering.
In this article, we discuss:
- What exactly constitutes pain and suffering
- Proving pain and suffering in Florida
- How to calculate pain and suffering damages
- When to contact a personal injury lawyer
If you had an injury in an accident due to another person’s negligence, you deserve maximum compensation for your damages, including pain and suffering. Contact a personal injury lawyer at the Schrier Law Group today for your free case evaluation.
Continue reading to learn the basics of proving pain and suffering in Florida personal injury cases.
Understanding Pain and Suffering
There are two types of pain and suffering claims: mental and physical. Generally, they must equate to something more than general discomfort but are not required to be fatal. Learn more about each below.
- Physical pain and suffering –Includes physical pain (currently felt and potential future pain) resulting from the accident. This pain can include nerve damage, broken bones, chronic headaches, disfigurement, strains, pulls, and more.
- Mental pain and suffering –Can be defined as mental/emotional anguish experienced after an accident injury. Examples include anxiety, depression, emotional distress, loss of consortium, PTSD, and more.
Pain and suffering are known as non-economic damage in Florida personal injury cases. Unlike economic damages (i.e., medical bills, lost income, property damage, etc.), assigning a compensatory value to non-economic damages can be challenging.
An experienced personal injury lawyer can help you determine the value of your pain and suffering and pursue maximum compensation from the insurance on your behalf. Continue reading to learn the first steps you need to take when proving pain and suffering in Florida personal injury cases.
Proving Pain and Suffering
Since there is no traditional “paper trail” attached to pain and suffering claims, defendants are encouraged to follow specific steps to increase the likelihood of being compensated for pain and suffering. They include, but are not limited to:
- Seek immediate medical attention – No insurance company, judge, or jury will believe your pain and suffering claims if you don’t have medical records (mental health or physical health) to back up your claims. Therefore, it is essential to seek medical attention as soon as possible.
- Maintain your records – Whether you’re seeing your primary care physician, rehabilitation specialist, or mental health professional, it’s essential to keep your records of visits, bills, additional costs, complications, and more. Further, keep track of all records of your interaction with the police and your insurance company. However, you should allow your lawyer to interact with insurers.
- Seek Legal Counsel – Florida personal injury laws are complex and notoriously difficult to navigate. The sooner you consult a personal injury lawyer, the faster they can begin building a solid personal injury case. That’s even truer when pursuing compensation for pain and suffering.
How Are Damages For Pain and Suffering Determined?
Since pain and suffering are personal to every individual, calculating damages can be a challenge. Generally, Florida courts typically consider the following factors when considering pain and suffering claims:
- Medical history and pre-existing conditions
- The age of the plaintiff
- The necessity for long-term treatment or rehabilitation
- The seriousness of the injury
- Compensation lost as a result of the injury
Depending on the details of your case, your personal injury lawyer may use the “multiplier method” to estimate pain and suffering damages owed. This technique involves multiplying total economic damages by a factor of one to five. However, it’s important to note that every case is different. It’s best to consult with your attorney to determine the value of your case.
Contact a Florida Personal Injury Lawyer Today
Suppose you have endured injuries in an accident due to the negligence or fault of another person. In that case, it’s essential to contact the best personal injury lawyer in Florida for your circumstances. Schrier Law Group is a well-known personal injury, wrongful death, and insurance litigation firm.
We’ve helped countless individuals recover maximum compensation for personal injuries for the better part of four decades. We’re confident that we can help you obtain the best possible outcome in your case as well.
Don’t wait until it’s too late to pursue a personal injury claim. Contact the aggressive, skilled, and prover personal injury lawyers at Schrier Law Group today to schedule your free case evaluation.