Florida Auto Accident? Know Your Damages!
By: Ben Stone | Posted: 26th October 2009
A negligent driver ran through a red light and side-swiped Mary's SUV. Thankfully, her two children were secure in the back seat and were not injured. Mary lives in the State of Florida and after the accident, she required serious medical care. As a single working mother, Mary's health insurance was provided by her employer. Sadly, because of her injuries from the accident, Mary lost her job and, subsequently, her health insurance. Mary got a lawyer in Fort Lauderdale to pursue her claim against the driver. Her lawyer filed suit and they went to a trial after not being able to settle before trial.
Mary's health insurance before losing her job was with an HMO who, unknown to Mary, had negotiated costs with her health care providers for far less than the "retail" costs of her surgeries and therapy. This means that the surgery she previously had only cost her insurance company $15,000. For her to get her next surgery, she will be forced to pay the retail cost of $35,000. The problem is, the jury in Mary's case will never know this.
Most courts in the State of Florida will not allow Mary's lawyer to tell the jury that the "bills" put before them include a "set-off" from insurance contribution. So, while her lawyer tries to say that her next surgery will cost her $35,000, and he puts on expert witnesses to testify to this, the jury is still left to ask, "Wait, I see that her first surgery only cost $15,000. What is this lawyer trying to pull?"
It's important to know that when it comes to the damages you have from a Florida auto accident, motorcycle accident, or any other type of personal injury claim - the courts will only let you recover what "you" paid for.
Because of these types of legal technicalities, it is important that you get your treatment after an accident as quickly as you can. When you are meeting with your lawyer about your case, they will be able to direct you as far as your specific accident and injuries. Just know, however, that you may be subject to these restrictions on your recovery. In the end, have a good lawyer on your side after an auto accident is essential to making sure that you are made whole after you have been injured from someone else's negligence.
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Tags: back seat, health insurance, lawyer, insurance company, health care providers, medical care, personal injury claim, red light, surgeries, working mother, hmo, motorcycle accident, auto accident, fort lauderdale, expert witnesses