What is Florida’s 14-Day Accident Law and How Can It Affect Your Personal Injury Claim?
Under the so-called 14-day accident law in Florida, injured persons are required to seek medical attention within 14 days of the crash. Otherwise, your personal injury claim is likely to be denied by the insurance company.
Florida’s 14-day accident law applies to insurance claims filed under Personal Injury Protection (PIP) coverage, which is part of auto insurance that provides coverage for the victim’s medical expenses and other losses as a result of an auto accident.
Since the 14-day rule gives the insurer grounds to deny your claim if you do not seek medical care within 14 days of the accident, it is important to go to the hospital immediately after the crash.
How Much Compensation You Can Seek Under the 14-Day Accident Law
An injured person is required to seek medical care from a qualified healthcare provider in order to qualify under Florida’s 14-day accident law. The following medical professionals are considered qualified healthcare providers:
- Medical doctors
- ER doctors
- Emergency medical technicians
The severity of your injury affects the amount of compensation you can seek under the 14-day accident law. If your injury is classified as an “emergency medical condition,” you could recover:
- Up to 80% of all expenses for necessary medical care; and
- Up to 60% of lost wages and earning capacity.
The Florida Statutes Section 395.002 defines an “emergency medical condition” as any condition with “acute symptoms.” A qualified healthcare provider will have to determine whether the absence of immediate medical care could lead to:
- Serious risks to your health;
- Serious impairment of any bodily function; or
- Severe dysfunction of a body part or organ.
If your injury is not deemed an emergency medical condition, your compensation will be capped at $2,500. Contrary to popular belief, a qualified healthcare provider is not required to determine whether your injury is an emergency or non-emergency medical condition within 14 days of the crash. The 14-day accident law only requires you to seek medical care within two weeks to qualify for compensation.
It is advised to consult with an experienced personal injury attorney in Miami to review your particular case and determine how much you can recover under the state’s 14-day accident law.
Why Do You Need to Contact a Personal Injury Attorney in Florida?
If you have been injured in a car crash, do not hesitate to speak with a car accident attorney in Miami to navigate the legal process and help you obtain compensation for your damages and losses.
A personal injury attorney in Florida will also handle all communications with your insurance company and ensure that you are getting the compensation you deserve. Typically, insurance companies in Florida deny personal injury claims because the plaintiff:
- Failed to receive medical care within 14 days of the crash;
- Suffered an injury that is not considered an emergency medical condition;
- Faked or exaggerated the severity of their injury; or
- Had a pre-existing medical condition.
Contact a Miami personal injury attorney if your insurance claim was denied or you need help with establishing fault or obtaining compensation for your damages. Schedule a consultation with our attorneys at Pita Weber Del Prado by calling at 305-670-2889.