Posted On: March 24, 2009

Personal Injury Protection (PIP) Insurance Benefits Can Be Reserved to Pay Only Lost Wages

In handling car accident cases throughout the Jacksonville area, our lawyers often see clients who are struggling with severe budget contraints as a result of being out of work following a vehicle collision. Personal Injury Protection, or "PIP," benefits will cover lost wages at the rate of 60%. insurance%20policy.jpg

However, PIP also pays medical expenses and the limit of coverage can quickly be exhausted long before the client is able to return to work, leaving him or her without any income at all. This can be avoided by reserving the PIP coverage to pay only for lost wages. Many injured persons have no idea that this can be done causing them more financial hardship than is necessary.

Since many employed clients have health insurance, reserving PIP benefits to cover only lost wages does not prevent them from obtaining medical care.

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Posted On: March 18, 2009

Many Florida Doctors Have No Medical Malpractice Insurance

Chiropractors, podiatrists, and optometrists are just a few of the medical professionals required by Florida law to purchase medical malpractice insurance coverage. However, many people are suprised to learn that medical doctors are allowed to treat patients without any insurance coverage. As a result, it is estimated that as many as 1 in 8 doctors in Florida forgo malpractice coverage.

While the numbers are not as high in the Jacksonville and North Florida areas as in South Florida (where as many as 1 in 3 doctors may forgo such coverage), it is certainly a cause for concern. Absent this important liability coverage, patients who suffer catastrophic personal injuries may be unable to obtain the compensation permitted by law including medical bills, lost wages, loss of the ability to earn a living, loss of quality of life, pain and suffering, and mental anguish.

Fortunately, if you are concerned about your physician’s coverage, you shouldn’t have to ask your doctor what may understandably be an uncomfortable question. Florida law requires doctors who go uninsured to post signs in their offices and promise to pay up to $250,000 per malpractice award, with a maximum of $750,000 per year. The penalty for not paying pursuant to statute is severe: revocation of their medical license.

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Posted On: March 5, 2009

Jacksonville Parents Sue Apartment Complex For Son's Death

A Jacksonville couple has sued a Jacksonville apartment complex owner for wrongful death after their son was shot on the premises. This death was the seventh in seven months at the apartment complex. The couple alleges that the owner of the apartment complex failed to appropriately respond to the violence, and, among other things, should have increased lighting, warned the residents and placed a gate at the entry.

This type of case is typically referred to as a premises liability case. Premises liability cases require that the injured person prove that the owner of the property was negligent for failing to protect people from known dangers.

Assaults and shootings present an unfortunately common danger at Jacksonville apartment complexes and businesses. It is incumbent upon the owners to respond appropriately in the event of violence. A common scenario is presented when a sexual assault ocurrs. While the owner of the complex may not want the bad publicity that can follow, it is extremely important to warn the other residents so that they can increase their vigilance.

Premises liability cases are not easy. A premises owner is not liable simply because an incident happened on the owner's property. Often, the plaintiff's attorney must do an extensive investigation to uncover the history of prior assaults at the location. It is important to hire an attorney that has the experience and resources to thoroughly prosecute such a case.

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