Florida Personal Injury Protection Lawyer

February 22, 2023 | Attorney, Matthew Dolman

Personal Injury Protection, or PIP, is a branch of car insurance offered by a handful of U.S. states, including Florida. Florida has mandatory PIP coverage. The idea of PIP is to cover any medical expenses (and occasionally funeral expenses, lost wages, and other damages) as the result of an accident. PIP insurance is also called “no-fault” coverage, as no legal liability should be regarded in the case, and the plaintiff’s insurance premiums are not to be penalized in any way. However, in the event that coverage exceeds your PIP limits and there is someone to hold liable for the accident, their liability insurance may cover the excess costs.

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How Can a Florida Personal Injury Lawyer Help?

After an accident, you can turn to your PIP benefits to help you get the money you need quickly. Yet, many injured accident victims are surprised to learn that even collecting from their PIP is not easy. The best Florida personal injury lawyer for your case can help you receive all the money and compensation you are entitled to through your insurance company. Once you exhaust your PIP limits, your lawyer can then help you file the necessary claims against the "at fault" party. This may involve investigating your accident thoroughly and negotiating with insurance companies on your behalf.

The Dolman Law Group Accident Injury Lawyers, PA, also represents physicians throughout Florida on PIP claims. In fact, we actively litigate PIP suits on behalf of MRI facilities, Chiropractors, Psychiatrists, Orthopedic Surgeons, Anesthesiologists, Neurologists, among others. We presently litigate PIP suits in Pinellas County, Hillsborough County, Pasco County, Manatee County and Sarasota County.

Our team is happy to come directly to your office to review and scan files in order to pursue PIP claims. We perform PIP audits free of charge and work to make your experience with us convenient. Finally, we have a long list of references we are pleased to share with you concerning medical providers who are extremely satisfied with our services.

When You Need a Personal Injury Protection Attorney, Dolman Law Group Can Help

Our firm operates across the entire state of Florida. Dolman Law Group Accident Injury Lawyers, PA, focuses on personal injury, representing many practice areas. These include claims for those who have been injured in car accidents, motorcycle crashes, wrongful death, traumatic brain injury, slip and fall accidents, distracted or drunk driving, and more.

At our law firm, we’re on your side; being home to many experienced, successful, and professional attorneys and PIP lawyers makes having Dolman Law fighting for you a wise choice. Our experienced Florida personal injury lawyers understand the complications that can arise after a serious accident. We know that PIP only goes so far, and we are here to help you explore all your legal options. With offices across the state of Florida, including Clearwater, North Miami and Tampa, we are available to help you, regardless of where you suffer an injury.

Our Florida personal injury lawyers offer free initial consultation to make things even easier. We know you have questions, and we are here to help answer them. Call us at 727-451-6900 or fill out our confidential contact form below.

Do I Qualify For PIP Coverage After a Florida Injury Accident?

If a patient has been in an accident and is curious about whether they qualify for Florida personal injury protection insurance coverage, there are a few things to first take into consideration.

1) Did the patient seek and receive medical treatment within 14 days of the accident?

If treatment was received within 14 days of the accident, they may be eligible for coverage.If treatment was not received within 14 days of the accident, no PIP coverage applies, and the patient will not have an eligible claim.

(Note: ‘Treatment’ is vague, but here are a few actions you may have taken that are considered legitimate methods of treatment: Followed up with a Primary Care Provider, Hospital, or Walk-In Clinic, received roadside emergency services after the accident, traveled in an EMS who provided medical attention, or was examined/treated by someone who is qualified to provide emergency transportation and treatment.)

2) Does the patient own an insured motor vehicle?

Florida drivers with insured motor vehicles are eligible for PIP coverage and should file a claim with their insurance provider. However, in some states, certain motor vehicles are not covered by PIP coverage; most commonly motorcycles.

If they do not, they may be eligible for coverage under the policy of a relative they must live with.

3) Does the patient reside with a relative (blood or spouse) who owns an insured motor vehicle?

If they do, then they are eligible for PIP coverage and should file a claim with their relative’s insurance provider.

If they do not, they may still be eligible if they were a passenger of a vehicle involved in the accident through the driver’s policy and should file a claim with the driver’s insurance provider.

With eligibility comes questions; you must figure out what exactly you are eligible for. By default, you are entitled to a minimum of $2,500.00 in coverage. The varying factor in coverage allowance is an EMC, or Emergency Medical Condition. Simply put, this is quite literally an emergency medical condition obtained or a pre-existing condition activated due to the trauma of the accident. 

While you must seek and receive treatment within 14 days after the accident to be eligible for the minimum $2,500.00 in coverage, there are no time restrictions on when an EMC must be noted, however; when an EMC is diagnosed by either an MD, DO, PA, ARNP, or Dentist, your PIP Coverage may be increased to upwards of $10,000.00. Some providers, including Allstate and Esurance, offer greater allowances and allow additional titles to provide eligible EMC diagnosis, possibly increasing your chances of coverage for more obscure conditions.

EMC & Personal Injury Protection In Florida

What is an EMC?

Per Florida Statute, an EMC is a medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate attention would be reasonably expected to result in any of the following:

  1. serious jeopardy to the patient’s health
  2. serious impairment to bodily function
  3. serious dysfunction of any bodily organ or part.

EMC is an arbitrary standard put in place by the Republican leaning Florida legislature in an effort to satisfy the desires of the Florida auto insurance industry (the strongest lobbyists for the Republican Party). EMC is not a term that physicians are trained to understand and is merely an arbitrary process meant to limit the number of claims brought each year and cap a strong majority of such claims at $2500.00 in medical benefits. 

Thus, many physicians will fail to specifically state that a patient has manifested with an EMC, even when the symptoms meet the above referenced criteria set out by the Florida Statue. The EMC term is foreign to most physicians unless they routinely treat auto accident victims. Even the physicians, who consistently treat auto accident victims, are unsure whether they must specifically state the “emergency medical condition” in their reports. In fact, this is a clear ambiguity in the amended PIP statute.

If, upon first examination, no EMC is discovered or diagnosed by one of the qualified professionals, it is still possible that a condition could appear in the future and would therefore enable you to receive the rest of the coverage allowance. This is important to note, since a medical condition you suffer in the future after the accident may have been received in delayed form significantly later; you could be eligible to receive the other $7,500.00 entitled to you.

When you are diagnosed with a clear-cut Emergency Medical Condition and are treated for it, if your insurance provider refuses to supply your coverage, you have great grounds for a case. 

If you have tangible proof that a qualified physician diagnosed you with an EMC, it is, by law in the state of Florida, to be paid by the insurance providers to the organizations. This payment will be used towards medical expenses, lost wages (due to forced time out from work), funeral expenses, and other miscellaneous losses. 

If, for any reason at all, money that the insurance provider owes is denied to these organizations, and you’re feeling lost, get in touch with Dolman Law Group Accident Injury Lawyers, PA, as soon as possible. We can provide you with the necessary information, tips, and legal ammunition to bring these insurance providers to justice.

Why choose Dolman Law for Personal Injury Protection Assistance?

Occasionally, insurance providers will wrongfully refuse to provide coverage to victims of accidents and leave medical expensive in a state of limbo. Doctors are still expected to provide medical care, but the money to pay for it is often absent, forcing doctors to sue the providers in order to recover their losses. This puts patients in a stressful position. We maintain a division of our law practice that handles Florida PIP cases just like these. We aim to ease the pressure put on the patient and help stop the wrongful doing of these greedy insurance providers.

You may have been in an accident recently that left you hurt, but not critically. You may feel your losses are steeper than they’re being treated, and you’re not getting the coverage allowance you’re entitled to. Furthermore, you could miss out on a substantial amount of money you deserve to cover your losses. Don’t sit back and take a hit like that; it could leave you in a regrettable situation where you’re losing more than you’d ever imagined. Step up and pick a fight; we’re here to help.

Dolman Law Group Accident Injury Lawyers, PA, has had spectacular success in the past, and we only intend to add to our list of impressive achievements. We’re proud to represent anyone who is a victim of unfair treatment, ignorance, or simply don’t know what steps to take to make your claim. Our proud and respected team will stand with you in your battle, ensuring a victorious result.

Contact the Florida PIP Attorneys at Dolman Law

Florida PIP Attorney
Matt Dolman, Florida PIP Attorney

The Dolman Law Group Accident Injury Lawyers, PA, is composed of seven attorneys who specialize in varying areas of civil trial and personal injury suits. Matt Dolman, the firm's founder, attended Stetson University, where he focused on trial advocacy; Stetson has one of the highest rated trial advocacy programs in the nation, ranking in the top three by U.S. News & World Report. Matt has also been selected as a Florida Rising Star from 2013-2017, a prestigious title given by Super Lawyers rating service to outstanding young candidates. Not only was Matthew selected as a “National Top 100 Trial Lawyer” but also as a “Top 40 Under 40” by the National Trial Lawyers Organization, and scores a perfect 10.0 rating on Avvo.com, a respected online legal directory.

We believe that clients who hire injury attorneys should have access to those attorneys. Not only should your business guarantee that, but it also helps to improve the success of a case. In that effort, we provide our clients with the personal cell phone number of the attorney handling their case, enabling the creation of real relationships and connections. We’ve been ‘in it to win it’ since 2009, and we hope you are as well.

Dolman Law Group Accident Injury Lawyers, PA
800 North Belcher Road
Clearwater, FL 33756

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Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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