Personal Injury Protection for Traumatic Brain Injuries

Under Florida law, every motorist must carry auto insurance that includes personal injury protection (PIP). When an accident occurs, this insurance is typically faster to receive than health insurance, and it eliminates the need to establish fault.

However, while this insurance is designed to protect drivers and their passengers in case of an accident, it is often not enough when the injuries sustained are very serious, such as in the case of a traumatic brain injury (TBI). When that is the case, injured individuals should know that an experienced attorney could help them explore options other than personal injury protection for traumatic brain injuries.

Insurance Requirements for Miami Lakes Residents

Florida laws state that all drivers must carry a minimum of $10,000 in PIP. This insurance typically covers 80 percent of medical expenses and/or 60 percent of lost wages after someone has sustained an injury during an accident. Florida is a no-fault insurance state, which means that injured individuals will need to go through their own insurance company to receive it.

While this amount may be enough to cover minor injuries and some medical treatment, when injuries are severe it can be grossly inadequate. Seeking medical treatment right after an accident can provide accurate documentation about injuries, how much time off work an injured individual will need to take, and a full treatment plan. If a lawsuit is going to be filed in the future, this documentation can greatly help.

If a person decides not to get medical attention immediately following the accident, but they still want to file a claim with their insurance company, they must seek and receive treatment within 14 days of the injury. If they fail to do so, the coverage they may have been entitled to could be waived.

Filing Suit in Light of Insufficient PIP Coverage

When injuries are so great that the minimum amount of coverage provided by personal injury protection for traumatic brain injuries does not fully compensate for expenses, injured individuals may be able to file a lawsuit against the at-fault driver to receive more compensation. This can become complicated, as establishing fault can be difficult and the at-fault driver is likely going to refute claims that they were responsible for the accident.

If such a lawsuit is successful and the person is awarded compensation while having already received PIP coverage from their insurance company, the amount of those benefits paid would be deducted from the total amount of compensation. Still, pursuing a lawsuit can be worthwhile when the injuries are severe and very costly to treat, especially if traumatic brain injury attorney is available to help.

The Importance of Hiring an Attorney

Anyone injured in an accident should speak to an attorney before speaking to their insurance company or before filing a lawsuit. A qualified personal injury lawyer could speak to the insurance company on the injured individual’s behalf, which increases their chances of receiving the personal injury protection for traumatic brain injuries they are entitled to. Insurance companies sometimes deny legitimate insurance claims, but they are much less likely to do so when speaking to an attorney.

A lawyer could also greatly increase an injured individual’s chance of success in a lawsuit. They should know how to properly file the lawsuit, investigate to determine fault and negligence, and help the injured individual receive the full amount of compensation they may deserve. After an accident, those injured should only have to focus on their recovery, so call today to see what help may be available for you.