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Will There Will Be A Car Accident Investigation?

The at-fault party’s insurance company will immediately launch an auto accident investigation to reduce their payout.

This investigation includes taking statements from the parties and witnesses and collecting physical evidence, such as photographs and even the damaged vehicles.

While the insurance company attempts to avoid liability, most auto accident victims are left to deal with the personal and financial effects of the trauma. This reality is why it’s important to have a specialist on your side. We won’t let the insurance company take advantage of you.

Should I Seek Medical Attention After An Accident?

Most people avoid doctor appointments after a vehicle accident. However, after a severe auto crash, it is important to follow medical advice to give yourself the best and fastest chance to heal.

Seek medical care immediately after an injury and avoid missing appointments with your healthcare professionals.

Should I Tell My Doctor About Prior Injuries?

Your auto accident case value is determined by evidence from several places, especially your doctors. Most people who require treatment will get better; however, some catastrophic injuries require lifelong care.

After an accident, document what future needs may be necessary. It is also important to tell your doctors about past issues.

The doctors need to give opinions about new injuries and prior injuries that were possibly exacerbated. Failure to provide your doctors with accurate information may damage your credibility and undermine your doctor’s findings.

What Is A Permanent Injury In Florida?

After Lakeland, FL, car accident, you must demonstrate that your injury is permanent to receive compensation for pain and suffering, disability or physical impairment, deformity, mental anguish, inconvenience, or loss of capacity for enjoyment of life.

To be considered a permanent injury, it must include:

A significant and permanent loss of an important bodily function.

Permanent and significant scarring or disfigurement.

An injury that the evidence shows is permanent to a reasonable degree of probability.

What Is "Maximum Medical Improvement?"

Maximum medical improvement is when an injured patient’s condition cannot be further improved or when a healing plateau is reached.

It can mean the patient has fully recovered from their injury, or their condition has stabilized, and no substantial change can be expected. Maximum medical improvement does not mean the patient will not receive future care.

What Is "Palliative Care?"

Sometimes, future care is designed to help with functionality or pain levels and will not cure the condition. This kind of treatment following a car wreck is called “palliative care.” Palliative care is a multidisciplinary approach to specialized health care for people with severe conditions.

It focuses on providing patients with relief from the symptom or pain. Such therapy aims to improve the patient’s quality of life.

How Can A Lawyer Help Me After An Accident?

After getting the care you need, obtaining good advice and counsel is important for your future. Hiring the right personal injury attorneys can make a difference in your case. If you need legal assistance, contact one of our car accident specialists.

If you hire a lawyer on contingency, you will likely pay the same percentage fee whether your lawyer is a first-year lawyer with little or no experience or a board-certified specialist by the Florida Bar.

An emergency medical condition (EMC) evaluation is when a doctor determines whether you have suffered an “emergency medical condition” after a motor vehicle accident.

If your medical evaluation reveals an EMC, you could receive the full amount of personal injury protection (PIP) coverage from your auto insurance policy. Our car accident attorney can explain more.

You Face a Deadline for Undergoing an EMC Evaluation—Get Legal Help as Soon as Possible After a Motor Vehicle Accident

In order for an accident-related injury to qualify as an emergency medical condition, you must seek medical attention for the injury within 14 days of the accident, per Florida Statutes § 627.736(1)(a).

If you have not sought medical care and it’s been more than 14 days since your accident, do not assume you have forfeited full PIP coverage. Our attorneys will review your case and determine if you can still seek EMC status.

It’s important to note that while you must generally get medical attention within 14 days of your accident, a physician (or another medical professional) does not have to assign your injury EMC status within 14 days. This status may come later when it is clear how serious your accident-related injuries are.

Why Is It Important To Get EMC Status and Full PIP Benefits?

Personal injury protection protects Florida motorists financially. You must carry $10,000 in PIP coverage but are not immediately entitled to collect all $10,000 for accident-related injuries.

If you seek medical attention after your accident, you should be granted at least $2,500 in PIP benefits, according to Florida Statutes § 627.736(4). However, getting EMC status for your injuries may be the only way to collect the entire $10,000 in PIP benefits.

What Qualifies as an Emergency Medical Condition?

Florida Statutes § 627.732 defines an emergency medical condition as “a medical condition manifesting itself by acute symptoms of sufficient severity…” The statute notes that an emergency medical condition is one that:

Puts your health in “serious jeopardy”
Could cause “serious impairment of bodily functions” without medical intervention
Could cause “serious dysfunction of any bodily organ or part” without medical intervention

The statute also notes that an EMC may cause severe pain. While these criteria for an EMC may seem specific, there is more room for interpretation than you might think. The judgment of a medical provider is pivotal in establishing EMC status and getting full PIP reimbursement.

Who Decides Whether an Accident Victim Has an EMC?

A qualified medical professional must evaluate your injuries to assign EMC status. The type of medical professional you see may depend on the nature of your injuries, but you’ll generally want one with the loftiest possible credentials.

For example, if you suffered a spinal cord injury, you’ll typically want to see a spinal surgeon rather than a chiropractor. Our firm can help you identify medical professionals who are qualified to issue EMC status.

What If an Insurance Provider Claims That Your Injuries Are Not an Emergency Medical Condition?

If the insurance company challenges the severity of your injuries, we can:

Arrange for you to see a qualified medical professional who may assign your injuries EMC status
Retain our own medical experts to testify that your injuries meet the EMC threshold
Identify flaws in the insurance company’s argument against your injuries being an emergency medical condition

Proving that your injuries deserve EMC status is just the start of how we’ll assist you.

How Can an Attorney Help You Seek EMC Status and the Insurance Coverage an Emergency Medical Condition Affords?

If you suffered injuries in a car accident and need help with your case, our team can:

Manage all dealings with insurance representatives, protecting your rights in the process
Determine exactly how much compensation you deserve for accident-related losses
Gather relevant evidence
Document your damages
Negotiate with insurers for fair compensation
Lead any necessary lawsuit

Your health should be the only concern after your accident. Let our experienced lawyers fight for your compensation so you can focus on recovery.

Call Dismuke Law Today for a Free Consultation About Your EMC Evaluation and Other Case-Related Needs

An attorney from Dismuke Law will fight for all the insurance benefits you deserve. If we need to resort to legal action, including filing a lawsuit, we will. Our firm has represented many injured accident victims, and we always strive to get all the compensation the client deserves.

Keep deadlines in mind and don’t wait to contact us. Call Dismuke Law today for a free consultation about our legal services. We require no upfront payment and only get a fee when we win for you.

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We Care About Your Recovery

Seriously injured? Have no coverage? We want to talk to you and we can help. We have two convenient office locations in Lakeland and Tampa and can even come to you if you are unable to travel due to your injuries. When you’ve been hurt in Florida, 1-800-ASK-DAVE is the only number you have to remember.

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