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matt
How do you calculate the appropriate interest payment on a Florida Personal Injury Protection Claim.?
Insurance company was put on notice April 5 2015.
Insurance company paid February 9 2016.
What is the interest rate? Where are you getting that info?
1 AnswerInsurance5 years agoDoes PIP insurance cover my injuries?
I have a Personal Injury Protection policy through GEICO in florida, I also own a commercial dump truck which I have insured through Progrssive. I got into an accident driving the dump truck, and am seeking chiropractic treatment for the injuries. Which insurance company should pay for my medical treatment?
I think GEICO should because PIP is meant to cover medical expenses up to 10K, then GEICO should subrogate to Progressive, but both insurance companies are denying payment.
5 AnswersInsurance & Registration5 years agoLooking For a Florida Statute or Insight Concerning a Hospital Lien.?
Personal Injury Case, the Plaintiff settles their claim with the insurance company for 50K, there is a hospital bill owed for 200K, the Hospital never filed a lien... Is a the law firm handling the case for the Plaintiff responsible for the hospital bill if the Plaintiff does not pay? Is there any duty on the party of the Plaintiff's attorney to encourage the Plaintiff to pay the Hospital Bill?
Looking for a Statute or Case.
2 AnswersLaw & Ethics6 years agoWhat happens if you cannot service process on a defendant?
I.E. if you make numerous attempts to serve process (own process service, county sheriff) but are unable to make it happen. If a complaint is filed and the defendant answers the complaint must service of process still be made? Notice of appearance has also been filed.
This was a multiple choice question on my FL Civ Practice exam...
4 AnswersLaw & Ethics6 years agoIntentional Tort Exception To Workers Comp Immunity Question. Mock In Class Scenario?
Employee driving a dump truck crashed because the tire blows, driver had told the employer about the tire being faulty multiple times. Driver dies. Is this enough to overcome workers comp immunity and go after the employer for wrongful death?
2 AnswersLaw & Ethics7 years agoIn Florida, is it possible to have a workers compensation claim and a wrongful death claim?
This is for a mock trial scenario. Want to make sure I am covering all basis so my professor doesn't make me look dumb.
Mock Scenario
Accident in a work truck, driver dies. I know that I should file a workers compensation claim. But the workers compensation statutes seem to impose a cap on recovery of damages. I think that I should also file a wrongful death claim? Is this correct? Would I need to show gross negligence to succeed in a wrongful death claim?
2 AnswersLaw & Ethics7 years agoMedicaid Question: Car Accident/Injuries Medicaid's right to subrogation after full settlement/tender by the Bodily Injury Ins Coverage/Def?
I was in a car accident, i broke my leg and need surgery. 3 days after the accident, the bodily injury insurance company of the individual that hit me tendered an offer to settle for the policy limits ($25,000). This 25K offer came quicker than I was expecting... I have Medicaid and was planning on using Medicaid to pay for the surgery I am about to have for my broken leg. If I use medicaid to pay for this surgery, will they be able to come after this 25,000 that was offered to me?
I know i need a lawyer, but i have time to kill and want to educate myself.
Jurisdiction: Florida
2 AnswersInsurance & Registration7 years ago1L Mock - Is it a qustion for a jury whether a hospital should have precautionary protocol in place at the time of a slip and fall accident?
Floor at a hospital gets wet, hospital has no cones or caution signs, they dont even have a protocol for this type of thing. Is this a question for a jury, and further is this the type of thing that could overcome summary judgement.
1L mock scenario.
Give me some IDEAS!
1 AnswerLaw & Ethics7 years agoHow long does a Plaintiff have to file a bad faith claim? When does the Statute of limitations begin to run on a bad faith claim?
Jury awarded judgement on Oct 3, 2014. How long does the P have to file a bad faith? Same as torts? 4 years?
1 AnswerLaw & Ethics7 years agoFl Civil Practice Class Question: Once and erattum sheet is filed in court, can opposing counsel refer to the old deposition?
A deposition took place, then an erattum sheet was done correcting some of the answers to the deposition. Opposing counsel would like to refer to the answers to the old deposition. The answers have changed and opposing counsel is attempting to use the erattum sheet to reflect on our clients credibility. Basically making him out to be a liar because he changed his answers from the deposition via an Erattum sheet.
1 AnswerLaw & Ethics7 years agoCurrent Paralegal Practicing Personal Injury Law, Looking to expand into Personal Injury Protection (PIP) Law.?
My boss practices personal injury, I am one of his paralegals. He asked me to give him a run through of what it would take for us to beging representing doctors for PIP. I thought I would start here. Can anyone walk me through this?? I will undoubtedly being doing a great deal more research, but a brief overview would be great. Or a few links.
2 AnswersLaw & Legal7 years agoPersonal Injury - Motion to Enforce Settlement?
This is a Mock Scenario in FL Civ Practice/trial Advocacy.
What happens when a client accepts a settlement, the check is deposited into the attorneys trust account, and then the client claims they misunderstood the net vs. gross aspects of the settlement. The client does not want to accept the settlement, but the Insurance adjustor insists. Defendant/Insurance Company is now motioning to enforce settlement, what do I do?
3 AnswersLaw & Ethics7 years agoDoes a Motion to Extend Time To Respond to a Proposal For Settlement Need to Include a specific reason why the Defendant needs more time?
Not legal advice!!! --- Law School Mock/Scenario Based Class: Jurisdiction FL.
For example, would it be enough to say: "extended until all necessary additional discovery has been completed in order to be in a position to full and fairly evaluate plaintiff's claim"? This seems vague.
Further doesnt the counsel need to call the opposing counsel to inform opposing counsel that he will be requesting an extension of time?
2 AnswersLaw & Ethics7 years agoPersonal Injury - Evidence/Relevancy Question?
Personal Injury - Florida 5th DCA
During discovery, the defendant requested (request to produce) that our client produce tax returns dating back to 2004. We objected to this request because our client is not making a claim for lost wages, and therefore we do not believe that our client must produce his tax records. The Defendant served a Motion to Compel our client's tax records, arguing that the Defendant is entitled to the information regardless of whether a lost wage claim is being made? Is this true? What is the relevance?
Thanks!
1 AnswerLaw & Ethics7 years agoUninsured Motorist Coverage -- Tortfeasor Admits through RFAs?
Personal Injury Case
The Tortfeasor ("TF" other driver), has admitted to everything via Request For Admission. They admitted to fault, negligence, our client's injuries and the permanency of the injuries... Now we are going after the Uninsured Motorist Coverage Carrier ("UM" insurance company). Is there anything the UM can say to negate what the original tortfeasor said.
In other words, what is our clients own insurance company going to say/argue, now that the TF/other driver has admitted to everything that we have asked? Are they going to turn around and suggest that their own client is actually at fault even though the other driver has already admitted fault??
I am trying to be proactive and consider what the UM's next move will be. I understand that they will attack the permanency of the injuries, as well as the medical records, but is there anything they can do to attack what has already been admitted to by the TF. We are considering a partial summary judgment against the UM based on what the TF has admitted.
2 AnswersInsurance7 years ago