FAQs

Read Some FAQs About Our Legal Practice
What if I was injured while a passenger in a single vehicle accident?

If you were injured while riding as a passenger in a vehicle, you might qualify for compensation through the driver’s insurance company or your own uninsured or underinsured motorist coverage.

Why would I need an attorney?

Shortly after an accident, insurance companies may push for a quick settlement before you have the chance to hire an attorney, often while the full extent of your injuries remains uncertain. Their goal is to settle for far less than what your potentially serious or permanent injuries may warrant. As your attorneys, we will not only strive to secure fair financial compensation for you but also work to maximize that recovery. Additionally, personal injury proceeds may be subject to liens from entities like Social Security, ERISA, Medicaid, Medicare, child support agencies, hospitals, healthcare providers, or insurance companies. With personal injury laws rapidly evolving, we will diligently work to minimize or even eliminate any outstanding liens on your case.

What if I was injured in a motor vehicle accident while I was on the job?

Being covered by workers’ compensation does not prevent you from seeking compensation from the at-fault party. Since workers’ compensation takes precedence and must be reimbursed, you may qualify for a setoff. Regardless of the circumstances, our attorneys are well-versed in the relationship between workers’ compensation and personal injury cases and will work tirelessly to ensure you achieve the maximum recovery.

Should I speak with the at-fault driver’s insurance company regarding my injuries?

It is crucial to avoid discussing your medical treatment or any details about the accident—before, during, or after—with the at-fault driver’s insurance company. The only appropriate interaction is to negotiate the property damage to your vehicle, ensuring no facts or details about the accident or your injuries are disclosed.

What are Personal Injury Protection (PIP) benefits?

Personal Injury Protection (PIP) Insurance, also known as Florida No-Fault Insurance, provides coverage regardless of who caused the accident, up to the policy’s limits. PIP also extends coverage to your child, household members, and certain passengers without their own PIP insurance, provided they don’t own a vehicle. Passengers in your vehicle who have their own PIP insurance will be covered under their policy, as will certain licensed drivers operating your vehicle with your permission. Additionally, PIP covers injuries to your child while riding on a school bus. It also protects you in other scenarios, such as being a passenger in another vehicle, a pedestrian, or a bicyclist injured in a motor vehicle accident.

Under Florida’s No-Fault Law, all vehicle owners or registrants with four or more wheels must carry a minimum of $10,000 in PIP coverage and $10,000 in property damage liability (PDL). This insurance must remain active throughout the registration and licensing period of the vehicle.

According to the Florida Department of Motor Vehicles, Personal Injury Protection (PIP) covers 80% of reasonable medical expenses, including necessary treatments such as surgeries, X-rays, dental care, rehabilitation, and the use of prosthetic devices, wheelchairs, crutches, slings, neck braces, and splints. PIP also provides 60% of disability benefits for lost income, reduced earning capacity, or inability to work due to injuries sustained in an accident. Additionally, it covers reasonable household service expenses that the injured individual would have performed if not for their injury. In the event of death, PIP offers a benefit of $5,000 per individual.

How does the attorney fee and costs agreement between McRae and me work?

If we are unable to successfully resolve your case, you will not be required to pay any fees. You are only responsible for covering costs and attorney fees if we achieve a favorable outcome. Our legal fees operate on a contingency basis, meaning they are calculated as a percentage of the total recovery amount. McRae strictly adheres to the Contingency Fee Contract approved by the Florida Bar, which stipulates a recovery fee of 33.3% prior to filing a lawsuit, the defendant’s response, or any client payments.

How long could it take until I receive a recovery?

“The timeline for a monetary recovery will depend entirely on the complexity of your case and the specific circumstances involved. Given the intricate nature of personal injury claims, providing an accurate estimate is challenging.

My PIP only covers 80% of my medical bills up to $10,000. What do I do about the remaining 20% and the need for additional medical care if the $10,000 from PIP has been depleted?

If you lack health insurance, certain doctors and facilities may accept a ‘Letter of Protection.’ This permits patients to continue receiving treatment without immediate payment, deferring the cost until the case is settled or another agreed-upon date. However, if the case does not settle, the patient is still responsible for paying the medical bills after the case concludes.

Why do I have a PIP deductible?

“Under the no-fault statute, insurance companies are permitted to offer consumers a deductible of up to $2,000. When purchasing insurance, consumers can opt for a deductible below $2,000 or choose to forgo a deductible entirely.

What are Uninsured or Underinsured Motorist (UM) benefits and why are they important?

In Florida, bodily injury liability insurance is not mandatory. Uninsured and underinsured motorist benefits are provided by your own insurance company to compensate for injuries sustained in an accident caused by a driver with insufficient or no insurance coverage. This coverage applies to bodily injuries affecting you and your passengers when the at-fault party lacks adequate insurance. Considering the significant number of uninsured drivers, this coverage is highly important.

What is MMI and why is a permanent impairment rating important?

Maximum Medical Improvement (MMI) refers to a status determined by a doctor. This designation is significant because, in Florida, individuals can only receive compensation for personal injuries from a car accident if they have a permanent impairment resulting from their injuries. Reaching MMI indicates that the patient has recovered as fully as possible and is unlikely to improve further. If a permanent impairment is identified, the doctor typically assigns a permanent impairment rating based on the guidelines of the American Medical Association.

Why do we "file suit?"

Submitting a complaint and related documents at the courthouse is referred to as ‘filing suit.’ Our firm requires authorization from the client to proceed with filing suit. This step is sometimes necessary when the insurance company fails to offer a fair amount to adequately compensate the client for their injuries.

We are committed to safeguarding your rights and striving to secure the compensation you deserve for your injuries.

Contact Our Experienced Lawyers Today

The McRae Law Firm

318 East Duval Street
Lake City, Florida 32055-4087

Tel: 386-719-4357