How to get money from Personal Injury Protection (PIP) coverage after an accident

Injured in a car accident but haven’t made it to the doctor’s office? In Florida, your auto insurance company requires you to see medical attention within 14 days of an auto accident. If you do not seek medical attention within these 14 days after an accident, you could be forclosing yourself from coverage under your Personal Injury Protection, also known as PIP insurance that you may be entitled to.

What is PIP?

Florida is a “no-fault state” which means no matter who the at-fault party is in a car accident, every driver is required to have at least $10,000 in PIP coverage. PIP can be applied to your lost wages and medical expenses.In order for this compensation to be applicable, you are required to seek medical attention within 14 days of an accident from a qualifying health care physician. Qualified health care providers could include:

  • Medical doctor
  • Chiropractor
  • Dentist
  • EMT

Unfortunately, there are situations where medical attention from an acupuncturist and physical therapists do NOT qualify so make sure you are seeking attention on the right type of physician.Complying with the 14-day rule is the most important thing to do after you or someone you know has been involved in an accident. If you do not comply with this rule, the insurance company will likely deny your claim and NOT provide that coverage that should be afforded to you.After an accident, it is possible that you have delayed symptoms. You may start feeling pain after multiple days of an accident and you will not want to miss out on coverage because of a delayed reaction. Therefore, the first thing after an accident, visit a health care physician.

If you are someone you know is seeking help in filing a personal injury claim after an accident, call Busciglio, Sheridan & Schoeb at (813) 225-2695 today and speak to Marie Schoeb for more information on how we can help your case.

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5 Types of Injunctions and What They Mean

If you are seeking an injunction or restraining order in the state of Florida, we recognize 5 different types including:

Domestic Violence Injunction

One of the most common types of injunctions is domestic violence injunctions. Oftentimes, domestic violence is a family member or somebody who lives in the household that has committed an act of violence upon the person seeking the injunction. The Florida statutes define violence not just as a battery, it could include assault, stalking, or kidnapping as forms of violence. If there is someone that lives in your household or is a family member that has committed an act of violence against you and you to have a reasonable fear that there is an imminent threat of danger by them, you can seek an injunction from the clerk at the city court.Depending on which county you are in, you can go down and fill out a packet, which is free to you. Usually what happens is the same day you fill out the packet, the clerk will hand it off to the duty judge. On any given day, the court has a duty judge who reviews all the petitions and determines whether or not they are legally sufficient for an injunction to be granted temporarily. If you fill out your petition and the duty judge agrees that your case is legally sufficient, a temporary injunction will be issued and is transferred to the sheriff to serve on the respondent (the person you are trying to take the injunction out against).The statute then states that you have 14 days to bring the case back in front of the judge for a return hearing. At the return hearing, the judge will hear testimony and evidence to determine whether or not a permanent injunction can be granted. A permanent injunction could be held anywhere between 6 months, a year, 3 years, or permanently.

Repeat Violence Injunctions

Repeat violence injunctions are where the perpetrator isn’t a family member or doesn’t live in your household and there have been at least 2 acts of violence, most recent of which is within the past 6 months. This could be a neighbor, someone from school, a coworker, or anyone that has repeatedly committed acts of violence upon you.

Dating violence injunction

Dating violence injunctions, according to the Florida statutes, means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:

  1. A dating relationship must have existed within the past 6 months;
  2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
  3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

Sexual violence injunction

Sexual violence injunction is as it states. If you have been the victim of any sort of sexual violence, it doesn’t matter how recent, how many times it has happened, or if the perpetrator lives in your house or not.

Stalking Injunctions

With the rise of social media and accessibility to technology, there has been an increase in stalking injunctions. Stalking injunctions are typically more nuanced. For stalking injunctions you must prove one of the following:

  1. Following you – If someone has been repeatedly following you could be a basis for a stalking injunction.
  2. Cyberstalking – If someone is using text messages, social media, email, or any electronic means to repeatedly interfere with you could be a basis for a stalking injunction.
  3. Harassment – There must be a course of conduct which is willful, repeated, malicious, and serves no legitimate purpose or causes substantial emotional distress.
    • Oftentimes harassment comes up in family law practice whether there is a spouse that is estranged or they have been divorced and are still involved in a back and forth with each other. This could be whether they are not happy with how the other parent is dealing with their children or maybe the spouse is now with a new partner and somehow interferes with the ex-spouse. For an injunction, this has to prove that there is no legitimate purpose for the harassment and that it causes substantial emotional distress. It has to be shown that there is true emotional distress in the situation, whether that includes therapy, or it has manifested itself psychologically or physically in some fashion.

When dealing with these 5 different types of injunctions in Florida, usually, where Busciglio, Sheridan & Schoeb comes in, could be one of 2 ways. Oftentimes an individual will come in and say “I have had an injunction filed against me, can you defend me” or the other will say “someone has been bothering me or has committed an act of violence upon me, I would like to take out an injunction against them”. In those circumstances what we oftentimes do is invite the client to come in and help draft what we call a “narrative” or the story/ reason for filing the injunction. They will then take that down to the clerk and if the injunction is granted, at that point we will come in and represent the party seeking the injunction.

If you are someone you know is seeking help in filing or defending injunctions, call Busciglio & Sheridan Law Group at (813) 225-2695 today and talk to Josh Sheridan for more information on how we can help your case.

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What to expect when summoned for jury duty

So you got a letter in the mail that has summoned you to jury duty… what should you expect? Every county is different and if you find yourself in a situation where you have to reschedule, refer to your summons paperwork to see who you have to contact to get a rescheduling approved. If you do not get your request approved, you must appear at the location in the summons.The first thing you should expect when you arrive for your jury duty is to be placed in a waiting room with other prospective jurors. You will then be escorted by number to your respective courtroom. In the courtroom, you will be seated and there will be attorneys on both sides and a judge up at the bench. The judge is going to ask you questions based on your general experience with the judicial system. Questions could include whether or not you have been a juror before or your stance on certain topics that the jury might be presented with throughout the trial. The purpose of any of the questions asked is all geared towards the goal of having a fair and impartial jury at the end of jury selection. This could be determined by your prior life experiences and the perception that you may be swayed by one side over another. For example, if you have a previous experience with law enforcement that may contour your opinion, one of the attorneys may ask “despite your experiences or opinion towards law enforcement, are you able to set that aside and observe the facts of this case fairly”. They want to know if you can set your personal experiences aside to participate impartially throughout the trial.Some questions asked may be too personal to share with the rest of the prospective jurors. In these situations, you have the ability to request an approach to the bench to share your answers in a more private setting. The worst thing you could do is not answer a question in fear of embarrassing yourself or others resulting in being selected for a jury in which you are unable to provide a fair and impartial outcome. Both sides in a case have the right to know and need to know that information so you must be as honest and forthcoming as possible in these situations. Please keep in mind that the jury or the judge cannot give you specific details of the case in the jury selection process and can only give you hypotheticals or examples but no specific case facts. Only the jury that is selected will hear the details of the case that you are attending to. You might be wondering how long is this case going to take? During the judge’s preliminary questions, they will usually explain to you how long the process is expected to take. Whether it is one day or five weeks. This allows the opportunity to determine any hardships this could cause that would potentially distract you from the facts of the case.

Main takeaways:

1. Show up!

If you don’t show up, penalties can be imposed such as fines up to $1,000 or up to 6 weeks in jail. There is no need for this so make sure you do your best to show up for jury duty.

2. Be honest

Even if you are not asked a question you feel is important for the judge and attorneys to know, be sure to request an approach to the stand to share your thoughts as this might be important during the jury selection process.

3. Make the best of it

Jury duty could be an inconvenience in your life however, both parties are relying on you to determine the outcome and this could be the most important day of their lives. Watch attorney Marie Schoeb explain what you should expect when you’ve been summoned to jury duty. If you or someone you know has been injured, or if you are searching for more information on what you should expect in jury duty, call us at Busciglio, Sheridan & Schoeb (813) 225-2695 today to speak to one of our experienced attorneys.

 

What is my case worth?

Have you ever wondered what your personal injury case would be worth? When it comes to PI cases, there is no special formula to determine how much you will receive as compensation. Although we wish we could give you a straight-up answer, there is no way of knowing. Therefore, here are some factors that are considered when determining the results of a PI case.

  • How much medical expenses have been incurred?

You will want to take into account how much the doctors have charged, how much money was paid out of pocket (maybe for a deductible), and/or how much health insurance has paid as they may have a lien on the settlement amount later.

  • How much property damaged?

It is important to take into consideration how much property was damaged and the total cost. For example, in a car accident, you would take a look at the amount of money it costs to repair the damaged vehicle. This amount will be taken into consideration during your case.

  • Past and future lost wages

Make sure you record the time you have missed from work due to injury. Even the time taken going to doctors appointments for treatment of the injury will be taken into account. If you are unable to work in the future, these future lost wages are also taken into consideration.

  • Additional expenses due to injury

I some cases, pain and suffering due to injury or loss of enjoyment of life could be compensated.Additional expenses such as dog walking services due to inability to take care of your pet, lawn maintenance services, rideshare services, etc. will be evaluated and taken into account.In these cases, it is important to have an experienced team of attorneys on your side to ask the appropriate questions and make the right arguments to maximize the value of the case.

Click play below to watch as attorney Marie Schoeb explains the factors taken into account when valuing a case.

If you or someone you know has been injured, or if you are searching for more information on how much you could be compensated off your case, call us at Busciglio, Sheridan & Schoeb (813) 225-2695 today to speak to one of our experienced attorneys.