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Showing posts with label Florida's No Fault Medical. Show all posts
Showing posts with label Florida's No Fault Medical. Show all posts

Wednesday, October 15, 2014

Don't Ride Out The Pain

Jeffrey B. Sexton's Law Firm is a Personal Injury Law Firm serving all of Central Florida for over 15 years. We will work tirelessly to ensure that you are rewarded for the damages you've incurred at the hands of negligence. Be it a dog bite, a slip and fall, a car accident, or something else, if your'e not at fault, then we will work to expose that.

Many people think they have no recourse in certain cases. For example, someone may slip and fall in a grocery store, and then bolt out of there out of embarrassment, leaving groceries behind. Only to get home and realize they had a broken pelvis. Embarrassment can be painful, but that'll go away. A broken pelvis requires much more. Which is why if you do happen to fall, take inventory of why you fell. Sure, humans trip. But sometime we are tripped up... By something or someone that shouldn't be there.


If you or someone you now has sustained an injury due to negligence or even suspected negligence, give us a call today!

Tuesday, June 10, 2014

Animal Attacks Happen All Too Frequently In The State Of Florida

Animal attacks happen all too frequently in the state of Florida.You might expect a serious attack by a pit bull to make headlines. But yellow jackets? Sturgeon? Elephants? Those and more creatures make up the hundreds of incidents recorded in Florida each year.
Now, how do you know when one of those attacks is due to negligence by another person or persons? We generally regard an animal attack as a neighbor's hungry pit bull wondering the streets and snaps at a would be rescuer. But remember where we live. It isn't always Fido doing the biting. Sometimes it's something a little less domestic.
Now, you may be saying to yourself: "If I get attacked by a wild animal, I have no recourse. It's an act of God." Well, God isn't the manager of that golf course you were playing on when an eight foot Gator insisted on playing through. When you told him to wait, he bit you. Luckily you hobbled to your golf cart and evaded death in a 14 mph escape. So now you go to the E.R and you have to tell them an angry gator who refused to wait his turn on the ninth hole, bit you.
What was a gator doing on the ninth hole? You pay dues to that Country Club to golf, not to get bitten. If the staff, security or any other personnel were aware of a gator on their property and failed to report it to game and wildlife, there is major cause for negligence. Anytime someone knowingly overlooks a potential threat to safety and proceeds with business as usual, they are putting people in harm's way. Whether it be a domestic animal or wild, someone let it in or out. Now, if you are doing the backstroke through the swamps in no-man's-land, you're on your own.
Otherwise, call us today for competent attorneys who understand animal attack laws in the state of Florida.

Sunday, March 31, 2013

Florida's Personal Injury Protection Law

Many people have criticized Florida's Personal Injury Protection (PIP) law and would like it eliminated, however Governor Scott prefers to mend it.

PIP is a type of insurance drivers in Florida must carry. The purpose of this insurance is to make readily available emergency medical benefits to people involved in auto accidents, without regard to who is at fault. Under the law, a person injured in an accident must seek care within 14 days. The allotted benefits drop from $10,000 to just $2,500 if the treatment was not for an "emergency medical condition." And one's medical condition must be diagnosed by a provider on a specified list. This list excludes chiropractors.

A great deal of Floridians feel as though the PIP law is redundant. This is due to most motorists already possessing some type of bodily injury coverage. People are also challenging the law due to massage therapy and acupuncture procedures being eliminated as part of the PIP system. An additional reason change is sought is the federal Affordable Care Act, which takes effect January 1, 2014, is presumed to cover a great deal of what is already provided through PIP.

In an effort to return the PIP law to its prior form, a Circuit Court Judge has found the statute unconstitutional, granting a temporary injunction against it. The basis for his ruling was the exclusion of chiropractors, the exclusion of payment for massage therapists, and the 14 day cut off for maximum benefits.

A Senate bill directed at putting a stop to Florida's PIP law was met with silence during the committee meeting on April 9. As a result, Sen. David Simmons removed the bill from being voted on, then said it would be brought back the following week. Stay tuned for updates...

Saturday, March 31, 2012

PIP Reform And How It Affects You

On Friday, March 9th, Florida’s legislature passed HB 119 which will drastically change the availability of Florida’s No Fault medical benefits after an automobile accident. Originally, Florida’s personal injury protection insurance system, also known as PIP, was designed to provide $10,000 worth of coverage for automobile accident related medical treatment, regardless of who was responsible for causing the crash.

While most PIP claimants are honest Florida auto injury victims, unfortunately, some individuals have decided to file fraudulent claims to benefit from the PIP’s old ways. The new law is an attempt to prevent these false claims as well as aggressive billing practices by “PIP Clinics.” The new law also requires treatment within fourteen days of the accident. In the instance that the initial treatment does occur within fourteen days of the accident, follow up care is now limited to $2,500 if the treatment was not for an “emergency medical condition.” The ability for a chiropractor to decide if you have an “emergency medical condition” has been taken away and now delegated only to physicians, osteopaths, physician’s assistants and nurse practitioners. Massage and Acupuncture treatment will now be excluded from the list of approved medical services.

While the Bill may alleviate some of the aggressive billing practices of the PIP Clinics, it may also unjustly limit the coverage for Floridians who wait more than two weeks to seek treatment. In most cases, the small amount of $2,500 will not cover all of the patient’s medical bills for sprains, strains and whiplash injuries, which are common after an accident. And if an injured person is taken to the hospital by ambulance, most of the allotted $2,500 will already be eaten up. Legitimate physicians and chiropractors will also be affected in all of this because they will no longer be able to seek reimbursement for their services.

The idea behind shaking up the PIP was based on placing barriers on claims so Floridian’s auto insurance premiums would see some relief. However, experts predict that consumers will see few benefits from the new reform.