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Wednesday, October 31, 2007

Accidents Involving Injury May Need Legal Attention

Being involved in an automobile accident is, perhaps, one of the most stressful events that can happen to a person, and when there are serious injuries, that stress is only compounded. Approximately one-fifth of people involved in automobile collisions experience symptoms involving the head and neck region, and sometimes those symptoms do not appear until days or even weeks after the accident. Although some people may recover quickly from the injuries they sustained in an accident, many do not and may develop chronic conditions that result in severe pain and even some kind of permanent disability.

Following automobile accidents, people may experience a range of symptoms including neck and back stiffness and/or pain, headaches, shoulder pain and/or stiffness, pain between the shoulder blades, pain/numbness in the arms or hands, sleep disturbances, and difficulty with memory and concentration. The first thing anyone should do following an automobile accident is be examined by a physician.

Because automobile accidents may involve personal injuries and property damage, knowledge of Florida's law is crucial should you have to pursue a claim involving monetary recovery either from your insurance company or that of another driver involved in the collision. An experienced personal injury attorney such as David Best or Dutch Anderson in Orlando, Florida will advise you on what, if any, valid insurance claim you have against an insurance company.

In order to commence a lawsuit for personal injuries due to a car accident, you must have sustained a "serious injury." According to law, a serious injury is one that results in "death; dismemberment; significant disfigurement; fracture; loss of fetus; permanent loss of use of a body organ, member, function, or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment."

Deciding negligence in an auto accident means determining who was at fault or who caused the accident. In some situations, however, accidents are not necessarily caused by other drivers. An auto accident can occur due to a manufacturing defect such as a defective tire or steering mechanism. Improper repair to a car may cause an accident; in these cases, the injured party is still eligible for benefits if certain criteria are met.

Following an accident, you should not hesitate to call upon an experienced personal injury attorney to help you sort through the insurance paperwork and claims package. At Best & Anderson, Attorneys at Law, one of our experienced car accident attorneys is here to help you; please call today to schedule your free initial consultation.

posted by Patti at 4:42 PM 0 comments

Monday, October 22, 2007

Car accident no-fault insurance

As reported in the Associated Press on 10/11/2007


Florida’s no-fault auto insurance system to protect motorists from being sued in most cases after an accident will return Jan. 1 under a bill Gov. Charlie Crist signed Thursday.
The new law also requires drivers to carry $10,000 of personal injury protection coverage. That requirement had been the law in Florida since the early 1970s until it expired Oct. 1.
The Legislature passed the new bill (HB 13C) last Friday in a special session.
“They made a good law an even better law by helping reduce opportunities for fraud,” Crist said at a signing ceremony.
The new bill also:
— Requires automobile insurers to notify policyholders who do not already have PIP coverage by Nov. 15 that they must obtain coverage by Jan. 1.
— Authorizes the attorney general and the Office of Insurance Regulation to take action against insurers who demonstrate a pattern of not paying valid claims.
— Streamlines the legal process for disputes by requiring all PIP claims related to a single provider for the same injured person be joined in a single lawsuit.
— Reserves $5,000 worth of benefits for physicians who provide emergency services or inpatient hospital care.
— Requires health care providers demonstrate certain qualifications before they receive PIP reimbursements.
Some large car insurance companies pushed for the system’s demise, flooding lawmakers with e-mails, letters and phone calls saying it was rife with fraudulent claims for faked injuries.
“The Legislature did not succumb to the special interests, in fact didn’t even flinch,” said Sen. Bill Posey, R-Rockledge, the lead Senate sponsor on the measure. “There is not one thing in this bill that is not consumer friendly.”
Lawmakers actually added some new, tougher anti-fraud measures as well.
Hospitals and other medical providers were concerned that without the coverage requirement, they would have been left liable for millions of dollars in care costs for crash victims who don’t have health insurance.
But there could still be some misunderstanding among motorists about their coverage, since they aren’t forced to have the coverage between now and Jan. 1. Until then, any driver involved in an accident who doesn’t have coverage could be sued to determine who is at fault and responsible for damages.
Many drivers, however, will continue to have the coverage in the interim because it is in their current policies. That coverage would still cover injuries, but won’t shield them from a lawsuit if they are in an accident with a driver without personal injury protection.

posted by Javier at 4:55 PM 0 comments

Thursday, October 18, 2007

Cost of living incease, Social Security

As reported today by the Associated Press:

Come January, Social Security benefits for nearly 50 million Americans are going up 2.3 percent, the smallest increase in four years. It will mean an extra $24 per month in the average check, the government announced Wednesday. The cost of living adjustment means that the monthly benefit for the typical retired worker in 2008 will go from $1,055 currently to $1,079 next year.

If you need more information about Social Security Disability, please contact us or visit our Social Security Disability page.

posted by Javier at 4:07 PM 0 comments

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