The revamped PIP law makes it tougher for insureds to claim benefits.

A revamped Personal Injury Protection (PIP) law went into effect January 1. And with it comes a wave of controversy. That’s because the new statute does more to profit insurance companies than it does to protect injured drivers’ rights, say auto accident and personal injury lawyers with Jacksonville’s Harrell and Harrell.

First enacted in the early 1970s, the PIP law, otherwise known as the Florida No-Fault law, required drivers of all vehicles with four or more wheels to purchase PIP coverage. That coverage would pay 80% of medical bills and 60% of lost wages up to $10,000 for all drivers involved in a car accident – regardless which driver was at fault.

With the start of the New Year, changes in the statute place multiple restrictions on drivers’ rights, making it more difficult for them to claim the benefits for which they paid, and easier for insurers to deny valid claims. A major point of contention is a requirement that a car accident victim receive initial treatment within 14 days after the date of the accident. That may work fine for victims with obvious and urgent injuries such as broken bones, punctured organs or internal bleeding. But it does little, if anything for the victim who suffers only soft tissue damage. Because soft tissue injuries don’t show up on X-ray images, they almost inevitably are missed by emergency room workers. Plus, victims may not feel pain from this type of injury for weeks or even months after the fact. And it can cause victims pain and difficulty for years.

The new Florida No-Fault law also cuts potential benefits. It caps payment for emergency medical conditions to $10,000 and non-emergency conditions to $2,500. It also limits payment for chiropractic treatment and disallows coverage for massage and acupuncture treatment altogether.

Although the statue calls for a 10 percent reduction in PIP premiums, it also gives insurance companies an easy out. They simply must provide a detailed explanation as to why they consider the rate cut detrimental to their business and they’re off the hook. Insurance companies also can compel victims to give an Examination Under Oath (EUO), a formal statement typically given with a court reporter present. Victims unable to attend an EUO meeting may find their claims denied, despite their validity.

If you or your dependents are injured in an auto collision, get medical treatment immediately, ask physicians to check for potential soft tissue injuries, and contact an experienced auto accident and personal injury lawyer. Jacksonville’s Harrell & Harrell specializes in dealing with insurance companies to secure your rightful benefits.

Most people have no idea what kind of insurance they have until AFTER they get into an auto accident. Every state is different when it comes to required coverages for your automobile. Florida is considered a “NO-Fault” state because of our required coverage or lack thereof. People call us all day long and tell me until they are blue in the face that they have full coverage. The definition of full coverage varies greatly from caller to caller. Have you ever heard the saying – you can never have enough insurance? What kind of insurance should you have?

The answer to that question also varies tremendously. In my opinion, the most important coverage you can carry in Florida is UM or under/uninsured motorist coverage. How do you know if you carry any or enough of this coverage? Find out BEFORE you have a car accident. Call your insurance company or agent to have them clearly explain to you what  type of coverage you have and then ask them what you don’t have. Run through different scenarios in your head to double check that you have not just the state mandated coverage but the coverage to give you and your family peace of mind in the event of an auto accident related injury. If you need some help, give us a call. I’m pretty sure I’ve heard almost every possible scenario you could dream up.

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Have you had the misfortune of being involved in a car accident recently? Even though it hasn’t rained much this spring, there have been no lack of auto accidents on the roads in and around Jacksonville. Gas prices seem to be keeping some people off the roads but thankfully the high price of gasoline is starting to ease also. I do like my quicker drive to work but paying $60 for a tank of gas even in my Ford Fusion is getting old.

What should you do if you are involved in a car crash? There are so many things to consider and I know most of you don’t want to commit that kind of stuff to memory. Give us a call regardless of the facts of your accident or the extent of your injuries so we can help answer those questions. Yes there is still such a thing as FREE advice. Of course we would love to make you a client. Avoid the unnecessary referral services and consider using a local and highly respected law firm to handle your personal injury case.

If we can be of assistance, feel free to contact us! Your FREE consultation won’t cost you a thing and it is always confidential.

Don’t settle for less than you deserve!

Own a Toyota Tundra? You might want to read this bit of news from Toyota.

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Besides the fact that the law requires seat belt use, here are ten reasons why you should wear your seat belt based on statistics from a James Mason University study:

1. One in five drivers are involved in an auto accident each year.
2. Auto accidents are the leading cause of death for those under the age of 45.
3. Close to 35,000 people die each year in auto accidents, half of whom would have been saved by the use of seat belts.
4. For every one percent increase in the use of seat belts, 172 lives are saved.
5. Seat belts reduce auto accident fatalities by 60-70 percent.
6. A person is 25 times more likely to die when thrown from a vehicle.
7. Children are often killed by being crushed by unrestrained adults.
8. The most common injuries to children in car accidents are head injuries resulting in brain damage, traumatic brain injury, epilepsy or death.
9. Over 80% of child fatalities in auto accidents would have been prevented by the proper use of seat belts or car seats. Unfortunately, less than ten percent of children are properly restrained.
10. Seat belts may provide the greatest and only protection against DUI drivers. 

A seat belt may very well save your life in the case of a car accident. If that is not enough, it may save your child. Just as importantly, it could minimize physical injuries.There many more good reasons for wearing a seat belt and none that would suggest otherwise.

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As the Memorial Day weekend and the end of the school year quickly approach us, the roads will be filled with younger less experienced drivers. Instead of sitting in a classroom, young kids will be headed to the beach, the local malls and just going to hang out with friends and family. Some out driving on their own for the first time.

We can all keep an eye out for these less experienced drivers and help ensure that they don’t cause an accident or become the victim of a Jacksonville car accident. No one wants their summer or for that matter anytime ruined by the far reaching effects of an auto accident or the injuries resulting from that accident.

This time of year is also a good time to remind people of the hazards of drinking and driving, using your cell phone or texting while driving, and driving while over-tired on those long vacation road trips. At least it looks like gas prices will cooperate this year so we can all afford that family vacation.

Take a moment to remind friends and family about the importance of safe driving and giving your full attention to the roadway and those vehicles around you. Take a deep breath and relax – you’ll enjoy the summer more and have a much better chance of arriving all in one piece to where ever it is you decide to go.

Have a great Memorial Day weekend and enjoy the upcoming summer months (safely) from all the lawyers and staff at Harrell & Harrell, PA - your Jacksonville personal injury team

As a personal injury attorney in Jacksonville, Florida, one of the most common ways an accident occurs is when a driver runs a red light.  Last week, the Florida Legislature took action in an attempt to deter drivers from running a red light.  A bill was passed by both the House and Senate and will become law when Governor Charlie Crist signs the bill.  The new law will permit cameras to be installed at intersections to catch motorists running red lights.   When driving on the roads of Jacksonville, I would suggest drivers err on the side of caution when faced with a decision to come to a stop or speed up to run a light.   The consequences of running the light all to often lead to an accident and now within the next few days will also lead to a ticket of up to $160.00 

Drive safe, David Black, Esquire

Here’s a link to the newspaper story

Here’s a brief submission from one of our “intake officers” talking about the initial process of hiring a personal injury lawyer or just getting a free consultation to discuss your options. We try to make everyone feel comfortable by just clearly explaining your options, so don’t worry about high pressure sales (that’s not the point of the intake process)!

Most people are not as “sue happy” as you would think, and most only contact an auto accident lawyer after becoming frustrated with the insurance companies and the seemingly endless run-arounds they get. In my 25 plus years as a legal investigator I have dealt with countless numbers of clients who are skeptical of lawyers and doctors in general, and they only turn to a lawyer when they feel there is no other option.

My job in intake is the first step in making sure you don’t settle for less than you deserve. I make an effort to make sure new car accident clients are well informed during the initial conference. I try to put them at ease, make them feel comfortable and relaxed. Sometimes however, due to the physical pain they are enduring, this is difficult. It’s my obligation to explain the best I can how the insurance process works, how the medical bills are paid, who takes care of wage loss, who pays to fix a car, what the responsibility of the at fault person and that person’s insurance company is, and, of course, how long the process takes. 

Sometimes we have new auto accident clients who have involved other attorneys on previous cases, and I’m often told “I never got to meet a lawyer.” Meeting your lawyer happens quickly at Harrell and Harrell. I am usually able to walk down the hall and get your lawyer for a quick face-to-face. 

Statements I hear often are “I don’t want to sue the other person,” or “we are not sue happy people.” Well the good news for them is that most of the time we will only be making a claim against the at-fault driver’s insurance company, not the at-fault driver, and not necessarily even filing a law suit. We will be attempting to negotiate a fair and equitable settlement if at all possible. If that doesn’t work, then a law suit at some point might be needed. Be assured, however, that is always the client’s prerogative and choice.

Contact us if we can be of assistance with your personal injury claim.

Thanks to one of our personal injury trial lawyers, David Black, for his insight on this very relevant matter.

As a personal injury attorney, I have noticed a recent trend with defense attorneys on how they defend car accidents which result in low back injuries.   Unfortunately, instead of accepting responsibility for an accident, a defense attorney will attempt to place the blame for a client’s injuries on the client’s weight.   

For instance, a defense attorney will claim an obese individuals increased weight has caused a degenerative condition to develop in a person’s spine which is now causing low back pain.  The defense attorney will then attempt to bolster his argument by using studies and medical reports showing the relationship between obesity and back pain. 

Usually, this argument will not be made when a client has been involved in a significant accident.  However, when the accident results in minimal property damage the defense will consider the client’s weight as a possible reason for the cause of a low back injury.

 For more information regarding the relationship between low back injuries and obesity please click here. 

Contact us to run your case by David or any one of our Jacksonville personal injury lawyers.        www.harrellandharrell.com