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.
For a free legal consultation, call 863-250-5050
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.
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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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