Here is this week’s blog entry from the accident lawyer in Boca Raton (injury attorney Delray Beach, accident lawyer Lake Worth, injury lawyer Pompano, accident attorney Deerfield Beach, accident lawyer West Palm Beach, injury attorney Lauderdale Lakes).
Under Florida law, when a car hit a person who is walking this is considered a “motor vehicle accident.” Thus, the laws that apply when two cars collide applies.
First, we generally must determine what the correct PIP to apply to the accident. Personal Injury Protection pays for your medical bills in a car accident, regardless of fault. If the person owns a car (even though they were not in that car), then that car insurance’s PIP coverage would pay the medical bills and lost wages (80 percent of medical bills and 60 percent of lost wages to a total of $10,000). If the person does not own a car but lives with a relative that owns a car (even though the persona was not in their relative’s car), then that car’s PIP coverage would pay the medical bills and lost wages. If the person does not own a car nor live with a relative that owns a car, then the car that hit them would pay the medical bills and lost wages.
Second, you may be entitled to any unpaid medical bills and lost wages (the unpaid 20 percent of medical and the unpaid 40 percent of wages plus any amount that goes over and above the $10,000 pip benefits) plus pain and suffering if you make certain proof requirements BUT this is based on a fault system. Thus, if the car is at fault, then you may have the ability to claim money for your injuries, in other words for the pain and suffering with certain proof requirements and the unpaid medical and wages.
Drucker Law Offices helps its clients prove their injury case, including all car accident, slip and fall cases and essentially any injury case where you are injured as a result of the fault of another person or business establishment. If you have been in an accident and would like a free consultation, please call 561-483-9199; or 954-755-2120; or 305-981-1561. The law firm only charges fees and costs if we recover money for you. We have our principal office in Boca Raton and satellite offices in Miami, Coral Springs, Boynton Beach and West Palm Beach.
Every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be construed as specific advice for a case or your case. A minor difference in the facts of the case in a fact pattern such as above could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states could vary from Florida.
