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

Medical Evaluations for Personal Injury Claims

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Getting into a car accident is a terrifying ordeal. At the Yau Law Firm, we are Jacksonville personal injury attorneys, and we have met several injured claimants who feel that they are unable to see a doctor because of a lack of health insurance. Most injured claimants do not know that they are in fact covered for medical expenses by their own auto-insurance. In Florida, all drivers are required to possess financial liability with Personal Injury Protection (PIP) coverage. This means that if you own automobile insurance in Florida, you are already paying for $10,000 of medical benefits in PIP, whether or not you use it.

Since the new changes to the PIP law back in 2013, all individuals involved in a car accident (regardless of fault) may access their PIP medical benefits provided that they seek medical treatment within 14 days of the accident. Oftentimes, those involved in a car accident feel that medical attention is unnecessary, or that they can treat their pain through holistic measures at home. The problem with this approach is that the injured claimant may (1) give up all of his/her PIP medical benefits and (2) misdiagnose the severity of his or her injuries. Personal injuries sustained from an auto crash do not necessarily manifest themselves immediately. This is why it is vital for every patient to seek medical evaluation from a medical doctor immediately after the crash.

The new law also requires that a medical doctor, or some other licensed physician defined by the PIP statue, evaluate the patient to determine whether or not an emergency medical condition exists. Going to the emergency room or calling an ambulance from the scene of the crash does not automatically mean that the person is suffering from an emergency medical condition. Rather, the doctor must make the determination. Oftentimes, the existence or nonexistence of an emergency medical condition is written into medical records or on a form. If a licensed physician determines that the claimant suffers from an emergency medical condition, then his or her PIP insurance will cover 80% of the medical bills up to the full statutory limit (which is $10,000.00). If not, the claimant is entitled for insurance coverage of 80% of the medical bills up to $2,500.00.

If you are involved in an auto-accident, give us a call today to schedule a free consultation. We are your personal injury attorneys in Jacksonville!

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