Drucker Law Offices

One of the services that I provide is to assist the client in getting their medical bills paid. Many doctors that see patients after an accident will have the patient sign a letter of protection, so that while the case is progressing, they will hold the bill from collections. However, hospitals and hospital providers (ambulance, emergency room – ER – doctor, ER radiology, etc.) will often put clients into collections after an accident if the bill is not paid in full. So with a car accident, even when the hospital is paid through the PIP insurance at 80 percent, the hospital or hospital providers will oftentimes still put the client into collections over the 20 percent. Similarly, in other types of accidents (slip and fall, trip and fall, etc.), if the hospital does not have your health insurance, they too will put the client into collection and this can impact a client’s credit. Thus, it is important in a car accident to give the hospital BOTH you PIP insurance information AND your health insurance, if you have health insurance (including medicare or medicaid). In other sorts of accident, it is important to give ALL the hospital providers your health insurance. The other part that is tricky in my experience is that one might think that if you give the hospital the PIP and health insurance information, that they will share this information with the other hospital providers (like the ambulance company, ER doctor, ER radiology) but unfortunately in my experience they do not share the information. Thus, it is important to give ALL those providers and insurance information that may pay the medical bills. And in order to stay out of collections, after all available insurance has paid their portion, if there is a balance owed, this would also generally need to be paid.

Of course, every case is different and unique and has to be judged based on the specific facts. Personal Injury Protection or PIP generally pays 80 percent in Florida but some people have 100 percent coverage; further, health insurance pays varying amounts and nowadays many people have large deductible plans; thus, the way this issue works out varies case to case significantly. The advice in this personal injury blog is intended to be general in nature and should not to be construed as specific advice for your case, as a slight difference in the facts could ultimately change the result. Also, this blog is based on Florida law and the laws of any other states or another country could vary significantly from Florida.

In the last blog entry, we explained the importance of having bodily injury insurance. But how much bodily injury coverage should you buy? So that you understand what is at stake, if someone purchases a minimal $10,000.00 bodily injury policy and they injure someone who sues them and a jury awards $100,000.00, then the insurance company would pay $10,000.00 towards that judgment (as that is all the insurance that was purchased to pay a judgment) and the injured person would still have a $90,000.00 judgment against the owner/driver, which could result in collection remedies like wage or bank garnishments, etc. Thus, the decision of how much bodily injury insurance to purchase is very important. There are two main reasons to purchase bodily injury insurance: 1) moral – if you were to injure someone, it is nice to have insurance to pay them for their injuries to “right the wrong;” and 2) legal – if someone sues you, the bodily injury insurance pays the legal costs and pays a judgment up to your limits; thus, your assets are “protected” by having the insurance to pay for a mistake. The more money someone earns (protecting against wages), the more bodily injury insurance one generally should want. Similarly, the more “assets” like a home (although generally homes, if homestead, are not attachable), cars, boats, stocks, bonds, businesses that one has, the more insurance one would generally should want. To some degree, there is never enough insurance but if you would do an inventory of your assets and think about it from a moral perspective, one could come to a fair amount of insurance for your particular situation.

If you have been injured in an accident and another person or company may be at fault, please call Gary J. Drucker at 561-483-9199 or 954-755-2120, 305-981-1561, or 561-967-3840 for a free consultation. My principal office in Boca Raton and I have satellite offices in Miami, Coral Springs, Boynton Beach, Lake Worth and West Palm Beach. I only charge my clients fees and costs if I recovers money for them. I am here so you can know your rights. Please call the law firm to set an appointment today!

It is important to note that every case is unique and should be judged based on the specific facts of the case. Prior to purchasing any sort of insurance, you should speak to an insurance agent and/or your financial advisers to figure out an appropriate amount of insurance for your particular situation. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary from Florida.

Again, this is another mistake BUT only one that can be cured BEFORE an accident. First, it is important to understand: what is bodily injury coverage? Generally, bodily injury coverage on a car in Florida indemnifies the insured (the owner and/or driver of the car) against a judgment for bodily injuries up to the policy limits for an accident that takes place during the policy term. It is important to note that these policies also provide for a duty to defend, which means the insurance company has to hire you a lawyer and pay any resulting court costs. “Indemnifying against judgment” is a fancy way to say that the insurance company will pay for a lawsuit that results in a judgment. The reason that insurance companies “settle” a case is that part of the settlement required to injured person to sign a release, which states they will not sue the owner/driver/insured. Thus, the insurance company satisfies its contractual obligation to indemnify against judgment, as the settlement is the proverbial “nipping in the bud,” in that since the injured person cannot sue pursuant to the settlement agreement and thus the insurance company has prevented suit and any resulting judgment. While it seems the bodily injury insurance “protects” the person that you have injured, and there is some truth to that, but it really protects the person that purchases the insurance in that if suit is filed, it pays for a lawyer and protects their assets against the suit. If you were not to purchase bodily injury insurance in Florida, you could be sued for injuries where you would have to hire a lawyer and pay for it and, if the injured person won the case, you would have a judgment entered against you which could effect your credit and more so could result in the injured person effectuating collection remedies against you (garnishing wages, garnishing bank accounts, attaching assets, and so forth). Thus, purchasing of bodily injury coverage is very important. Further, there are certain administrative remedies in Florida that would be put on you, which go a bit beyond the scope of this blog entry. In the next blog entry, we will discuss how much bodily injury coverage to purchase.

If you have been injured in an accident and believe another person or company may be at fault, please call Drucker Law Offices at 561-483-9199 or 954-755-2120, 305-981-1561, or 561-967-3840 – Principal office in Boca Raton plus satellite offices in Miami, Coral Springs, Boynton Beach, Lake Worth and West Palm Beach. Drucker Law Offices and Attorney Gary J. Drucker only charges its clients fees and costs if it recovers money for them. Attorney Gary Drucker offers a free consultation in any of the offices referenced above or at your home or in the hospital. Please call the law firm to set an appointment today!

It is important to note that every case is different and unique and should be judged based on the specific facts. Here we are talking about the purchase of bodily injury coverage and this is something that you should discuss with your insurance agent and any financial advisers prior to doing so. The discussion in this blog is intended to be general in nature and should not to be construed as specific for your case, as a minor difference in the facts of the case could completely change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary drastically from Florida. Please feel free to call with your questions, as I offer a free consultation.

This is again something that you cannot “fix” after an accident but is something that has to be in effect at the time of the accident. Collision coverage fixes your car when you are in an accident, regardless of who is at fault. Comprehensive coverage generally fixes you car for most other scenarios absent routine maintenance work (like theft, vandalism, hurricane damage, etc.). There are many drivers in Florida that (illegally) do not have any property damage insurance or that do not have enough property damage insurance. The law in Florida requires drivers to have at least $10,000 of property damage insurance. If you are in an accident and the uninsured driver does not have ANY insurance or does not have enough insurance, in each of these scenarios it would be extremely helpful to you if you had collision coverage. So for example, if you are in an accident that is the other driver’s fault, if he or she does not have ANY insurance and if you do not have collision coverage, then there will be no insurance to fix your car. You would be able to sue the other driver, but if he does not have money for insurance, he likely is not worth suing in court. Similarly, if the other driver is at fault and has the minimum $10,000 of coverage, and in addition to your car there are two or three other cars that are damaged and the total value of the property damage is $30,000, then obviously there is not enough insurance to fix ALL the cars. In each of these scenarios, collision coverage will generally protect you.

If you have been injured in an accident and believe another person or company may be at fault, please call Drucker Law Offices at 561-483-9199 or 954-755-2120, 305-981-1561, or 561-967-3840 – Principal office in Boca Raton plus satellite offices in Miami, Coral Springs, Boynton Beach, Lake Worth and West Palm Beach. Drucker Law Offices and Attorney Gary J. Drucker only charges its clients fees and costs if it recovers money for them. Attorney Gary Drucker offers a free consultation in any of the offices referenced above or at your home or in the hospital. Please call the law firm to set an appointment today!

Of course, every case is different and unique and has to be judged based on the specific facts. The advice in this personal injury blog is intended to be general in nature and should not to be construed as specific advice for your case, as a slight difference in the facts could ultimately change the result. Also, this blog is based on Florida law and the laws of any other states or another country could vary significantly from Florida.

Generally, when you have an injury case and health insurance has paid some of your medical bills, there is a (subrogation) right by the health insurance carrier to be repaid the monies toward the medical bills related to the accident. In the case of health insurance, the subrogation right is by contract and with medicare and medicaid the subrogation right is generally by statute or law. Obviously, if you are injured and do not have an injury case or if you do not pursue the injury case, then you do NOT have to repay health insurance. But this is where it is important to have a lawyer as what might seem like a fair settlement to someone that is handling the case on their own, may not be a good settlement if a greater amount is owed back to health insurance and if later on the injured person is sued by the health insurance or medicaid or medicare because they did not repay the monies that are due and owing.

Please call my personal injury law firm today for a consultation without charge. Drucker Law Offices has offices in Boca Raton (principal office), Coral Springs, Miami, Boynton Beach, Lake Worth and West Palm Beach. The phone numbers at the law firm are 561-483-9199 in Palm Beach County or 954-755-2120 in Broward County or 305-981-1561 in Miami-Dade County. I will gladly advise you on your rights following an accident, so please call today.

Every case is different and unique and should be judged based on its specific facts. Generally, in cases like referenced above, one needs to review the health insurance policy to see what is due and owing. Further, some policies are governed by state law and others by federal (ERISA) laws, so this is a particularly complicated area of the law which is known as collateral source payments. The legal discussion in this blog is intended to be general and should not to be construed as specific advice for a case or more importantly for your case. The goal of the blog is to give some information about a topic and to have you call the law firm for specific advise, if I were to take your case. A minor difference in the facts of the case in a fact pattern such as above could completely change the result. Also, this blog is, as the web site suggests, based on the laws of Florida and the laws of any other states or country could vary drastically from Florida.

This is not something that you can do AFTER an accident. Obviously, you never know when you are going to be in an accident. There are many uninsured or underinsured motorists in Florida. By purchasing uninsured/underinsured motorist coverage on your car in Florida, you will be protected if you, a resident relative, or someone occupying your vehicle is in an accident where they are not at fault but the person who is at fault has 1) no insurance, 2) not enough insurance, or 3) if there is a hit and run scenario. As an attorney that handles cases in Florida, I have seen many cases where my clients wish they had purchased uninsured/underinsured motorist coverage (called UM or UIM coverage). Once you are in an accident, it is too late as the insurance has to be in effect at the time of the accident.

If you have been in a car accident, please call Drucker Law Offices at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) 561-265-1976 Boynton Beach satellite office) or 561-967-3840 (Lake Worth satellite office) or 305-981-1561 (Miami satellite office) for a free consultation. The law firm only charges fees and costs if it recovers money for you. Personal Injury deserves personal attention, so please call today for a free consultation!

It is important to note that an injury case is unique and should be judged based on its very specific facts. The discussions in this blog, and there is a lot, is intended to be general in nature and should not to be construed as specific for your case, as the slightest difference in the facts of the case could completely change the result. Also, this blog is based on Florida law and the laws of another state and certainly another country could vary drastically from Florida. Please feel free to call with your questions, as I offer a free consultation.

One of the issues in any personal injury lawsuit is causation. Causation generally is the connection between an accident and the injuries. If someone is complaining of a knee injury following an accident, a picture of the knee showing it being swollen or bruised following the accident could be very helpful for a jury to make that connection between the accident and the injury. If someone goes to the hospital or to a physician shortly after an accident and the swelling or bruising is documented by the doctor, that too would be helpful on the issue but the more proof of a particular issue, the more likely a jury would generally be to accept it. Thus, it is important to note that taking pictures of any sort of bruising, swelling and cuts on your body following an accident where you may be making an insurance claim or may be suing for would be a very good idea.

If you have been injured in an accident and another person or company may be at fault, please call Gary J. Drucker at 561-483-9199 or 954-755-2120, 305-981-1561, or 561-967-3840 for a free consultation. My principal office in Boca Raton and I have satellite offices in Miami, Coral Springs, Boynton Beach, Lake Worth and West Palm Beach. I only charge my clients fees and costs if I recovers money for them. I am here so you can know your rights. Please call the law firm to set an appointment today!

Every case is unique and should be judged based on its specific facts. The legal discussion in this blog is intended to be general and should not specific advice for a case or more importantly for your case. The goal of the blog is to give some information about a topic and to have you call the law firm for specific advice, if I were to take your case. A slight difference in the facts of the case could completely change the result. Also, this blog is based on the laws of Florida and the laws of any other states or country are not considered in this blog.

This is far more common than one might think. Usually, client is in an accident and other car is at fault. Other person put pressure to just exchange information or worse just exchanging phone numbers. Later, when you go to call, the phone number is incorrect or is correct and now the person no longer agrees to fault. When you call the police, everything is documented, the insurance information, the respective statements on how the accident happened, the damage to the vehicles, and so forth. It is definitely a mistake, particularly if the other car is at fault, to not call the police or to not wait for the police if they are taking longer than normal (that is another common scenario: “the police are taking too long and I have an appointment; let’s just exchange information.”

Please call my personal injury law firm today for a consultation without charge. Drucker Law Offices has offices in Boca Raton (principal office), Coral Springs, Miami, Boynton Beach, Lake Worth and West Palm Beach. The phone numbers at the law firm are 561-483-9199 in Palm Beach County or 954-755-2120 in Broward County or 305-981-1561 in Miami-Dade County. I will gladly advise you on your rights following an accident, so please call today.

Every case is different and unique and should be judged based on its specific facts. The legal discussion in this blog is intended to be general and should not to be construed as specific advice for a case or more importantly for your case. The goal of the blog is to give some information about a topic and to have you call the law firm for specific advise, if I were to take your case. A minor difference in the facts of the case in a fact pattern such as above could completely change the result. Also, this blog is, as the web site suggests, based on the laws of Florida and the laws of any other states or country could vary drastically from Florida.

It is important to note that in Florida the car insurance that applies to an accident is the insurance that is in effect on the day of the accident. Thus, switching insurance after an accident cannot impact any coverage that was in effect after an accident. There are advantages and disadvantages of switching from company to company or staying with the same company for many years. Many people think that car insurance is fungible, meaning that so long as the coverage is identical, insurance is equal no matter what the name of the company is that is on the policy. Thus, those people will switch from one company to another based on what is the lowest price. On the other hand, many companies offer discounts to customers who have been with them for a long time, particularly if they have good driving records.

If you have been in a car accident where you believe the other car was at fault, please call attorney Gary J. Drucker at Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office), 561-967-3840 (Lake Worth satellite office) or 305-981-1561 (Miami satellite office). Generally, the law firm works on a contingency fee basis, which means that fees are only charged if the law firm recovers money for you. Please call today for a free consultation!

Of course, every case is different and unique and has to be judged based on the specific facts. The advice in this personal injury blog is intended to be general in nature and should not to be construed as specific advice for your case, as a slight difference in the facts could ultimately change the result. Also, this blog is based on Florida law and the laws of any other states or another country could vary significantly from Florida.

In Florida, there are comparative fault statutes. This means that a jury can consider the plaintiff’s negligence (the plaintiff is the person who is injured and suing someone else for their injuries) in terms of a percentage which will reduce the amount owing by the person who the jury also finds to be at fault. Further, even though you are not at fault in terms of causing an accident, if you are not wearing a seat belt, a jury may consider your failure to wear a seat belt as comparative evidence of negligence. Thus, if a jury finds that your not wearing a seat belt is partially the cause of your injury, the can apportion some fault to you which will reduce your damages. I copy part of the seat belt law below.

The seat belt statute 316.614 of the Florida Statutes provides, in part:

(4) It is unlawful for any person
(a) To operate a motor vehicle unless each front seat passenger of the vehicle under the age of 16 years is restrained by a safety belt or by a child restraint device pursuant to s. 316.613, if applicable, or
(b)To operate a motion vehicle in this state unless the person is restrained by a safety belt.
(5) It is unlawful for any person 16 years of age or older to be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt when the vehicle is in motion.

Subsection ten (10) of F.S. 316.614 discusses how the seat belt statute should be used in a civil action:

A violation of the provisions of this section shall not constitute negligence per se, nor shall such violation be used as prima facie evidence of negligence or be considered in mitigation of damages, but such violation may be considered as evidence of comparative negligence, in any civil action.

Every case is different and unique and should be judged based on its specific facts. The legal discussion in this blog is intended to be general and should not to be construed as specific advice for a case or more importantly for your case. The goal of the blog is to give some information about a topic and to have you call the law firm for specific advise, if I were to take your case. A minor difference in the facts of the case in a fact pattern such as above could completely change the result. Also, this blog is, as the web site suggests, based on the laws of Florida and the laws of any other states or country could vary drastically from Florida.

If you have been injured in an accident and believe another person or company may be at fault, please call Drucker Law Offices at 561-483-9199 or 954-755-2120, 305-981-1561, or 561-967-3840 – Principal office in Boca Raton plus satellite offices in Miami, Coral Springs, Boynton Beach, Lake Worth and West Palm Beach. Drucker Law Offices and Attorney Gary J. Drucker only charges its clients fees and costs if it recovers money for them. Attorney Gary Drucker offers a free consultation in any of the offices referenced above or at your home or in the hospital. Please call the law firm to set an appointment today!