What is Personal Injury Protection Litigation?
Personal Injury Protection (PIP), also known as Florida No-Fault Litigation involves lawsuits filed by medical providers and individual patients in order to pursue payment of insurance and medical payment benefits from insurance companies pursuant to Florida’s No-Fault insurance laws and automobile insurance policies.
A PIP lawsuit is filed by Bloodworth Law, PLLC, for medical providers and individual patients against an insurance company that provides personal injury protection benefits when the insurance company denies or reduces those benefits.
No-Fault insurance is the mandatory car insurance that Florida drivers are required to maintain when they purchase an automobile. Under Florida law, in order to operate a motor vehicle in the state, you must insure yourself for injuries that you may incur whether by your own fault or the fault of another.
With over 30 collective years of litigation insurance, Alyson M. Laderman and Michael J. LaPorte have served as plaintiffs’ attorneys suing insurance companies for the failure to properly pay No-Fault PIP benefits and recovered millions of dollars for clients.
Most Bloodworth Law, PLLC, clients are medical providers who were not paid at all or for the correct amount of their bills submitted for the treatment of patients who were injured in an automobile accident.
When accidents occur and individuals are injured, PIP coverage allows for the injured person to receive necessary medical treatment. However, when the insurance company does not pay the medical bills that are incurred as a result of that automobile accident–again whether the accident was the patient’s fault or not–then we, the attorneys–intervene.
Sometimes it’s on the behalf of the patients, but more frequently, it’s on behalf of the medical provider who was not paid. Regardless of the client, Bloodworth Law endeavors to obtain payment of those medical bills, as well as statutory interest and any other remedy available under Florida law.
Personal injury protection (PIP) is the insurance that Florida drivers must buy. PIP is a no-fault insurance required by Florida Statute. The minimum coverage for PIP is $10,000. A driver involved in a car accident will be covered by PIP insurance no matter who caused the crash.
PIP also covers 60 percent of lost wages resulting from a disability caused by an accident. PIP is also responsible for $5,000 in death benefits to cover funeral fees. Patients of a medical practitioner (such as a chiropractor, an MRI provider, orthopedic surgeon, dentists, doctors of all kinds, assign their rights to the treating medical providers in the form of what’s known as an assignment of benefits.
As a patient, the assignment of benefits, also known as an AOB, provides the required standing for medical providers to initiate a lawsuit against the insurance company on your behalf.
Bloodworth Law Personal Injury Protection Litigation clients tend to be primarily medical providers including chiropractors and urgent care facilities, because that tends to be who automobile patients, or automobile accident patients, typically first treat with for their injuries.
Bloodworth Law also represents:
- Orthopedic physicians
- MRI companies
- Independent doctors
- General practitioners
Our clients are individual patients or medical providers who were not paid for medical bills incurred. It could be any kind of medical provider who provided treatment related to injuries from an automobile accident.
Sometimes people don’t even know if they’re due any benefits under their insurance policy because they don’t know the terms of their insurance policy. Do you know what your insurance doesn’t cover? You should and an attorney can review your policy.
Insurance is one of the few things that consumers buy sight unseen. Think about it—you rarely, if ever, receive a copy of the insurance policy language PRIOR to you purchasing the policy. Consumers have no idea what they’re getting or buying. Instead, insurance agents recommend what to buy and tell you what they believe might be covered by a particular policy or endorsement.
However, until you see the actual language of the policy and you have someone review it for you, you really don’t know what you’re buying. Unfortunately, this does not usually happen until after an accident or a loss occurs.
It’s when you need insurance coverage that you first find out that you’re not covered for an accident or loss. That mold you thought that was covered? Well, sometimes it’s not. It all depends upon the terms, conditions, endorsements, and language in your specific insurance policy.
“I have had to be the bearer of that bad news plenty of times when handling first-party property claims,” attorney Alyson M. Laderman said. “I heard clients say, ‘well, I thought that was covered. And now, there’s some mold in my house. But, I bought the mold coverage.’
“However, there’s sometimes an exclusion in the policy. People buy policies, being told that they are covered, only to discover later than the policy won’t cover them. It’s all in the words and their application.”
Insurance policies–even for attorneys–are complicated documents. Insurance policies are not straightforward. They don’t say what you think they say. They’re not clear for the normal person to read and even for lawyers. It takes a little bit of time to research what the courts think that those terms mean. How is anybody else supposed to know what that is especially if you’ve never seen it?
PIP cases are accepted on a contingency fee basis. This means that if we prevail, the insurance carrier is responsible for our attorney’s fees and costs.
If we don’t prevail, you are not responsible for our attorney’s fees and costs.
PIP cases can last from 60 days to many years, depending upon the legal issues.
Bloodworth Law works with medical businesses of all sizes. You may be a solo practitioner, a medical provider with multiple locations, or, a regional medical center. We can work with one location, multiple locations, a single file, or many files.
You may have the best billing person in the world. However, if the law changes, or if insurance carriers begin to process medical bills in a different way, your billing person will not know. Only an attorney who is fully engaged in the practice of PIP law is aware of PIP law changes and current insurance carrier practices and bill handling procedures.
If case law changes and insurance companies were paying you incorrectly in a certain manner for a particular issue, the only one who can tell you this is a lawyer who predominantly practices PIP law.
There is a five-year look back because the statute of limitations in Florida for PIP cases as they involve a breach of contract. Specifically, it is five years from EACH date of service that was improperly paid. This means that a doctor or medical provider can sue backwards up to five years on the unpaid or underpaid medical files.
Every client has a different set of needs and a range of cases. From our first meeting, through our processing, we keep all clients apprised and communicate and share information. We answer questions; we’re available by phone or e-mail to clarify what we’ve found and how we plan to proceed.
We work with billing staff, and discuss the challenges that they may have had to deal with in trying to collect from insurers. We become part of your team—available to help with any PIP-related issues as they arise in your medical practice.