hat to do if I was in a car accident that damaged my back, neck and left arm?

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hat to do if I was in a car accident that damaged my back, neck and left arm?

I was seeing 3 diffrent doctors but now I’m told that I must stop seeing them because the money form the insurance company rn out. However, I still need treatment. Can I file a civil suit against the other driver that ran the red light and hit me?

Asked on October 30, 2012 under Personal Injury, Florida

Answers:

B Elaine Jones / The Law Office of B. Elaine Jones

Answered 8 years ago | Contributor

Yes, you can file a lawsuit against the other driver if it was his fault that the accident occurred.  In the state of Florida we have what is called "no fault" insurance which requires drivers to maintain $10,000 of Personal Injury Protection which is where the initial payment for medical bills and lost wages come from.  If the other party was at fault, once you meet the $10,000 threshold, you can seek relief from the other party.  The most important thing is that you continue to seek treatment until your doctor determines you are at maximum medical improvement.  You need to retain an attorney who can provide the medical providers with a Letter of Protection.  If your medical providers do not accept Letters of Protection, most attorneys can find you a doctor that will.  The doctor's bill will be paid out of whatever settlement is reached.  If you need an attorney and your case is in the Tampa Bay area give me a call.

Sincerely,

B. Elaine Jones, Esq.

James Jones Jr / The Jones Firm, PLLC

Answered 8 years ago | Contributor

First, Florida's statute of limitations requires you to bring a legal action based on negligence within four years from the date of your accident.  As such, you should think about contacting an attorney to ensure that you comply with the statute of limitations.

Second, you should continue to treat with your doctors as your number one priority is to get better. An attorney may be able to send letters of protection to your doctors, which will allow you to keep treating.  In a nutshell, a letter of protection is a guarantee that your doctor will get paid to treat you, likely out of any settlement obtained on your behalf.  With a letter of protection, you can continue to treat with your doctors without worrying about the insurance company's decision regarding whether to pay for your medical care.

You can also pay out-of-pocket for your medical expenses and later seek reimbursement.  Depending on your financial situation, this may or may not be desirable to you.

 


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