PIN

101 Century 21 Drive, Suite 114, Jacksonville, FL 32216, United States

PIN

101 Century 21 Drive, Suite 114, Jacksonville, FL 32216, United States

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Call Us: (561) 722-7710

Call Us: (561) 722-7710

Why health insurance can be vital in an accident

If you are involved in an accident, health insurance can be extremely important in assisting with the medical bills you will incur. If you are in an auto accident, so long as you have personal injury protection (or PIP) benefits, your initial medical treatment will be covered to some extent. If you are involved in a slip and fall for instance, you will not be entitled to PIP benefits. PIP also has it’s own downfalls.

PIP will only cover 80% up to $10,000.00 of your medical bills. Not including that you may have a deductible on your PIP benefits and you may even have some lost wages that you want paid by your PIP benefits.

PIP can get exhausted extremely quickly, especially if you required emergency room treatment. Who is going to cover the rest of the medical bills once these types of benefits are exhausted?

Health insurance is the answer. If you cannot afford health insurance, we encourage you to apply for Medicaid or some other benefit to which you may qualify for.

We recently had a case which is a perfect example of why health insurance is vital. Our client got into an auto accident. The client was transported to the emergency room with serious injuries and required emergency surgery as a result. The emergency room bill was significant. Way more than the PIP coverage. The tort-feasor had a minimal $10,000.00 bodily injury policy and the client had no UM coverage (which is another issue altogether that we discussed in a prior blog post). Luckily, the client did have health insurance coverage.

PIP made their payments and the client’s health insurance picked up the rest of the bill. Client was lucky and was able to get all of the medical bills paid for and walk away from the accident with a little bit of the settlement proceeds after we got a reduction on the health insurance lien against the case.

Had the client of not had health insurance, the case would have went a very different direction and the client very well may have ended up filing for bankruptcy. That is not a scenario you ever want to be in. Having to file for bankruptcy due to someone else’s negligence is just wrong.

Please, do yourself a huge service and get health insurance. I know it can be expensive, but it could mean the difference of having to file for bankruptcy or walking away from an accident debt free.

If you have any questions about health insurance or how it affects your injury case, please give us a call at (561) 722-7710 and we are more than happy to discuss this with you for free.

When will my case settle?

Every client typically asks this question at the beginning of their case. It is a very important question. Unfortunately, the answer is always “it depends.” Every single case is different. No two cases will resolve in the same amount of time. There are many factors that go into each case which will help determine how quickly it will get resolved.

Some cases may resolve within just a few short months. For example, let’s say that you get into a bad auto accident and there is only a $10,000.00 bodily injury policy from the at-fault party and there is no other insurance to pursue. That is a case that should resolve very quickly, depending on the injuries and property damage involved.

I can always give an average time frame for a case. But, that may not apply to your specific case. For instance, if a lawsuit is not required, you can typically expect the case to resolve in under a year. Again, some cases do not fall into that category. For instance, let’s say that you get into an auto accident and there is a large bodily injury policy or a uninsured/under-insured motorist policy involved. Let’s further say that you are having ongoing treatment, including pain management and eventually a surgery. It MAY be in your best interest to wait until after the surgery is completed and recovery is done before trying to resolve the claim.

What you should be most concerned about is that the attorney you hire is pursuing the case diligently to get it resolved as quickly as possible so that you may move on with your life. Here at Markwood Law, you can be sure that we are trying to get your case resolved as fast as possibly, while also making sure that your rights are protected. We will do whatever is in your best interest at the end of the day.

If you are involved in an accident, please give us a call at (561) 722-7710. We handle cases throughout the state of Florida.

What to do after a slip and fall?

You have unfortunately been involved in a slip or trip and fall accident. What are your next steps? If you are able to do so physically, get plenty of photographs and video of the condition that caused you to slip or trip. For example, broken steps, foreign substances or liquids on the floor, etc. Many times, it is these photographs and videos that can make or break your case. Florida Law is not “plaintiff friendly” when it comes to slip or trip and fall accidents, so it is vital to preserve as much evidence as possible. In some cases, the property owners will repair or fix the dangerous condition before Markwood Law Firm can get to the scene for an inspection. Unfortunately, we typically cannot use any evidence of the property owner fixing the dangerous condition as evidence that they knew it was dangerous. This is called the subsequent remedial measure rule. This is one of the reasons it is vital to get photographic and video evidence of the scene, if possible.

After you properly get photographs and video of the scene, it is always best to ask to create an incident report with the store. Immediately ask for a copy of the incident report after it is made. If you are feeling any pain immediately on scene, request that ems come and treat you at the scene and if your condition is severe to have them transport you to the emergency room. Insurance companies will always use it against you if you do not complain of any pain at the store but then seek medical treatment days or weeks after the incident. It is best to get it documented by medical records the day of the incident, if possible.

Next, call Markwood Law Firm so that we can immediately get involved to make sure all evidence needed, such as surveillance video, is preserved and to make sure that you are getting the necessary medical treatment. We can be reached at (561) 722-7710.

Why you should hire a personal injury attorney!

You have been in an accident. You wonder to yourself whether you should hire an attorney or try and resolve the case yourself. You may think “I can save money if I can settle my case without an attorney.” While you may save money not paying the attorney, you are most likely leaving a lot of money on the table with regards to the settlement amount.

There have been studies that show when an injured person hires a personal injury attorney their cases settle for three times what it would have without representation! That is a huge increase. Those numbers include the deduction of attorney’s fees and costs.

Here at Markwood Law Firm, we know what it takes to make sure you get the full value of your personal injury case. From gathering evidence, making sure you get to the proper doctors, to getting the right treatments for your symptoms.

As an example of what we have been able to achieve for our clients, we had a client come in who tried to settle his case without representation. The were some serious injuries involved. The client was a pedestrian that was hit by a vehicle. After we got involved, we were able to resolve the case for 20x what the insurance company was offering our client prior to our representation. While this case specifically may not be representative of the increase in an offer we can get you, it is a good example of how insurance companies will take your case much more seriously with our involvement.

Give us a call at (561) 722-7710 if you have been involved in an accident. We represent people all over the State of Florida.

The Legal Career Of The Obscure First Masked Crime Fighter

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Free help with property damage claims

I got a call last week from someone who had hired an attorney to help them with their personal injury case. What happened to them saddened me – and it was caused by the attorney that was hired. This was an auto accident case in which the person’s vehicle was a total loss.

The attorney handling their injury claim refused to assist with the property damage claim. This is apparently more prevalent than I anticipated because the person informed me that they spoke with several law firms and none of them would assist with the property damage claim, but all of them were happy to help with the injury claim. The reason why? They don’t get paid on the property damage claim.

To be honest, helping a client with their property damage claim does not take up a ton of time and should be done as a courtesy. After all, these people are suffering from injuries and have to go to doctors visits, worry about work, paying bills, etc. The last thing someone injured in an accident should have to worry about is whether or not they are going to be treated fairly by an insurance company regarding their property damage.

Even though the injury claim for this person was already resolved and I knew I would not make any money, I decided that I was going to help them resolve their property damage claim. Guess how long it took me to help this person get the amount that was reasonable for their vehicle? Two days. The fact that the prior attorney could not be bothered to spend an extra two days to assist this person was baffling. It was not a complicated issue, they were just not being offered a proper amount for the total loss. It was resolved easily.

If you are injured in an accident and suffer property damage – here at Markwood Law, you will be given expert advice (for free) on how to handle that aspect of your claim and what you are entitled to recover from the insurance companies involved. Furthermore, if you hire us and we find out later on there is no bodily injury coverage, we will not drop you as a client until your property damage claim is resolved.

Avenues of recovery in an auto accident

You have been involved in an auto accident in which you are not at fault. You have sustained injuries and monetary damages due to the negligence of someone else. How do you get compensated? When you hire Markwood Law to pursue your case, we leave no stone unturned regarding how you will be compensated. I will explain more below.

In Florida, unfortunately there is no requirement that drivers carry bodily injury coverage (which would compensate you in the event of their negligence). Hopefully, the at-fault party does have bodily injury coverage. Many people only carry a 10/20k bodily injury policy however, which in many cases is not sufficient to compensate the injured party.

Sometimes, the driver of the vehicle that hit you is not the owner of the vehicle. That can be good news if the driver has his or her own insurance policy. Next, we will find out whether the owner of the vehicle also has an insurance policy that applies. In this scenario, both the driver and owner are on the hook for your injuries. In Florida, this is called the “Dangerous Instrumentality Doctrine.” The owner of the vehicle who allows someone else to drive that vehicle can be liable for the driver’s negligence.

We do not stop there. Next, we will check to see if there is UM(uninsured/underinsured motorist) coverage that can apply. As I have stated in a previous blog, UM insurance is vital in Florida due to the lack of requirement to carry bodily injury coverage. As stated, many people who do elect for bodily injury coverage get the bare minimum. If your case involves very little bodily injury coverage but your injuries exceed that limit, we can look to see if you are entitled to UM benefits.

Depending on the case and the injuries involved, we can do an asset check on the at-fault party to make a determination on whether it would better off to pursue them individually in litigation as opposed to settling your case pre-litigation. This is exceedingly rare and typically it will not benefit you financially or mentally to elect this option, but we at Markwood Law want you to know all of your options before making a life long decision. Once your case is settled, it is over.

There are other means of receiving compensation in your case, but these are the basic ones. If you have any questions about other potential coverages that may apply to your case, give us a call at (561) 722-7710 or email us at Jsnyder@Markwoodlaw.com.

What PIP (personal injury protection) pays in an auto accident?

 

Many people are not aware that your PIP will pay for items other than your medical bills. They will pay 80% up to $10,000.00 in medical bills. However, what else will it cover?

Medical Devices. Your PIP can cover some of the cost of medical devices if your case warrants the use of one. For example, crutches, neck braces, splints, etc.

Lost Wages. Your PIP will cover 60% of your lost wages. In fact, at the very beginning of your case, you can request that your insurance company preserve PIP benefits for your lost wages. There is a cap on the amount, but it can be vital if you want lost wages immediately. PIP can get exhausted very quickly, especially if you had to visit the emergency room after the accident. If your PIP gets exhausted prior to being able to recover any of your lost wages, do not worry too much. You can still recover your lost wages from the at-fault party, assuming they have bodily injury coverage, or you have UM on your own policy.

Death Benefits. Your PIP will also pay out $5,000.00 in the unfortunate event there is a fatality in the accident.

If you have any other questions about your PIP benefits, give us a call at (561) 722-7710.

 

Stacking your Uninsured Motorist Benefits

A client brought up a good point the other day. This particular person used to be an insurance agent. Anyhow, we were discussing her potential UM (uninsured motorist) benefits and what her policy limits were. She could not recall how much she purchased, but she did remember getting stacking UM.

If you do not know how stacking UM works I will explain. A regular non-stacking UM policy may be a 10/20k policy. That means that you may be entitled to recover 10k per person and 20k per accident from your own insurance company if the at-fault party is either uninsured or underinsured. If you own multiple vehicles, it may be better to elect for a stacking policy for multiple reasons. Instead of purchasing a 50/100k UM non-stacking policy for each vehicle if you own 5 vehicles for instance, it may save you a lot of money to elect for a stacking 10/20k policy instead. The stacking policy basically multiplies the 10/20k policy by the amount of vehicles you own. If you own 5 vehicles that equals out to the 50/100k policy you would have purchased on each vehicle.

Ask your insurance agent which one will save you the most amount of money and elect for that policy. Make sure that you keep a few copies of your UM election form for future reference.

If you have any further questions about how stacking vs. non-stacking UM policies feel free to contact us at 561-722-7710.

 

Preservation of evidence in your slip and fall or auto accident

 

Failure to preserve certain evidence in your case can be devastating. Depending on the circumstances, it could be the difference between winning and losing.

Take for instance a case where a chair breaks in a restaurant and you fall out of the chair and sustain an injury. That chair needs to be preserved, or at a very minimum several pictures of the chair must be taken. If the case necessitates an expert to determine whether the chair was faulty prior to you sitting in it, having the actual chair will be helpful. You will still need to prove several other elements of negligence of the chair owner, but having the chair is a good start.

The same can be said for auto accidents, especially if there is a dispute as to liability. For instance, if you are clearly not at fault for an accident, but the at-fault driver informs their insurance company that you are, the evidence can be helpful to make this determination. Having detailed photographs of the vehicles involved in the accident and the accident scene itself is vital. Depending on where the vehicles are located after impact can determine how the accident happened. If you ever need an accident reconstructionist later on, they will need this information. I have had many cases where just having photographs of the impact locations on a vehicle can get the insurance company to agree that based on the physical evidence their insured driver was clearly at fault.

Make sure that if you are ever involved in an accident to save any evidence you possibly can. You will need it later on down the road

 

Privacy Policy

Markwood Law treats your right to privacy very seriously. When you communicate with our office, you may be asked to provide us with your identification information and facts relating to your case. Markwood Law will not sell or reveal any of this personal information to third parties, except to the extent necessary to comply with applicable laws, investigations, or in legal proceedings where such information is relevant. We will employ reasonable measures to protect the personal information you do provide at this site from unauthorized disclosure.

Disclaimer

Not all results are provided and not all clients have provided testimonials, the results are not necessarily representative of results obtained by the lawyer, and a prospective client’s individual facts and circumstances may differ from the matter in which the results and the testimonials are provided. Every case is different which can create different results.