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The Yau Law Firm
Focused on Protecting Businesses and Representing the Injured

Florida Personal Injury Protection Law remains Intact despite Injunction Issued by Florida’s First District Court of Appeals

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Days into the new year, we looked back at what had occurred at the start of 2013 and wonder what new changes will come with 2014. Last year brought Florida’s new Personal Injury Protection (PIP) law. For many of our injured clients at the Yau Law Firm, the sweeping changes in Florida’s new PIP law meant less medical benefits and a restriction on medical services and medical providers. These changes were challenged vigorously by various members of the medical profession (known as the “Provider Plaintiffs”) and a few unnamed Florida residents; sometime in March of 2013, Circuit Court Judge Terry Lewis even issued an injunction to prevent these PIP changes from going into effect. This was the Myers v. McCarty case (No. 2013 CA 73).

The Provider Plaintiffs in Myers argued that the new Florida PIP law violated several provisions of the Florida Constitution. Specifically, Florida’s new PIP law limited the amount and type of chiropractic treatment those claimants covered under Florida PIP could receive, and limited these claimants’ ability to bring suit in court. Sometime later, Kevin McCarty , in his official capacity as Commissioner of the Florida Office of Insurance Regulation (the Defendant in this case), appealed the March 2013 decision on the ground that none of the Provider Plaintiffs had standing because no one claimed a violation of his or her own constitutional rights. Essentially, the Defendant argued that the Provider Plaintiffs were asserting the rights of those unnamed Florida residents by showing that the Provider Plaintiffs were economically harmed by the new Florida PIP law. The Appeals Court lifted the injunction in favor of the Defendant, finding that the Provider Plaintiff’s claim of economic harm from the new Florida PIP law was not enough to establish jurisdictional standing. What does that mean? That means that the Plaintiffs did not raise a recognizable constitutional harm wherein the courts could address.

At the face of this unfortunate decision, Florida’s PIP Law remains intact and in full force. We look forward (and welcome) any future and positive changes to the current Florida PIP law. Do you think Florida PIP law will remain the same, or do you believe more changes will come?

If you would like to know how Florida’s new PIP law affects your rights in the event of a personal injury claim, including motor vehicle accidents, give us a call today for a free consultation!


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