What you need to know.
Involved in an accident or injury with a city, town, county or state entity? There are some special rules that you will need to follow.
When suing the state or local government, there are often strict time limits for bringing your injury claim. Some jurisdictions require that you file a claim within 30 days of your injury. Other states require a claim within 60, 90, or 120 days after your injury. Many states have one time limit for claims against a city, town, county, or municipality, and another for claims against the state or a state agency. However, not all states have a government-specific time limitation, and you may only need to be aware of the general statute of limitation for your injury.
Under Florida's statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit in Florida's civil courts. For injury claims against a city, county or state government, the time limit is three years.
Notice Requirements for filing a lawsuit against a government entity.
In most states, you cannot simply file a lawsuit in court against the government. Instead, you need to provide a “Notice of Claim” to the government. If you do not follow notice of claim guidelines, your lawsuit will be dismissed by the court. You must ensure that the Notice of Claim complies with laws of the applicable jurisdiction.
In most jurisdictions, the Notice of Claim must be addressed to each person or entity that caused your injuries. The Notice of Claim is not filed with the court, but must be mailed (often by certified mail) to each government employee or entity. The notice may also need to be mailed to a single government agency that receives all Notice of Claim forms. In Florida, every Notice of Claim must be mailed to the Florida Department of Financial Services.
There is specific information that must be included in the notice. For example, in Pennsylvania, the notice must have the name and address of the injured person, the date, location, and hour of the accident, and the name and address of medical care providers.
After sending the Notice of Claim to each person or entity, you must wait for a period of time before filing a lawsuit in court. This period is typically between 30 and 120 days. The court will dismiss a lawsuit that is filed before the Notice of Claim period expires.
Did you know the Government May Be Immune From Your Injury Claims?
The government is immune from certain injury claims. While this immunity is less broad than in the past, the government is still immune from many injury claims. Again, this immunity varies from state to state. Let’s take a look at the government immunity laws of two states.
In Illinois, there are several governmental immunities related to negligence claims. Under Illinois Law, the government is immune from lawsuit for negligence for:
Failure to supervise activity on public property.
Negligence related to health and safety inspections, and negligence connected to injuries caused by unsafe conditions on government property if the government did not have notice of the conditions.
In Pennsylvania, governmental employees and entities also have certain immunities from liability. These immunities relate to:
Operation of a motor vehicle.
Care, custody, and control of personal and real property in possession of the government.
Dangerous conditions of trees, traffic controls, street lighting, utility service facilities; streets, and sidewalks, and care, custody, or control of animals in possession of the government.
Most states will not allow injured persons to recover punitive damages from the government.
Punitive damages are compensation that is awarded to an injured person in order to punish the wrongdoer and deter future similar misconduct. The reasoning behind this policy (against punitive damages in these cases) is that, where the government is involved, punitive damages would not have the same deterrent effect.
Friday, March 28, 2014
Friday, March 21, 2014
Letter of Protection.
What does it do, and why would I need it?
When a client is represented by an attorney, the attorney may issue a letter of protection (LOP) to a doctor or medical provider, asking the doctor to hold their bill for collection, and promising to pay the doctor out of the proceeds of a personal injury case.
The LOP does NOT make the attorney responsible for the bill, it remains a contract between the patient and the doctor.
Your attorney should not issue a letter of protection unless you agree and authorize them to issue such a letter.
The form, which you must authorize states that you agree that the bills of the medical provider will be paid out of the proceeds of your personal injury settlement.
If you are not successful in your case against the at-fault party, you are still responsible for paying your medical bills.
There are situations where billing sources unrelated to your injury case may request a letter of protection.
Most attorneys will not agree to issue a letter of protection for a bill unrelated to the injury case, such as for a car payment, or other non-medical type billing. Typically a letter of protection is only issued to medical providers who treated the client for the injuries that are the basis of the personal injury case.
A common situation in which letters of protection are necessary includes automobile accidents in which the medical bills exceed the $10,000.00 in PIP benefits, and for which there is no health insurance or other source of payment.
Additionally in motorcycle accidents or premises liability cases, where there is no personal injury protection (PIP) insurance, the injured client would have little chance to receive care for his or her injuries without a letter of protection.
Another common situation arises because PIP auto insurance in Florida only pays 80% of accident related medical bills, leaving 20% of your medical bills outstanding.
Without a letter of protection your medical provider may require upfront payments or refuse to provide treatment without assurance that he will be paid. For many injured persons, a letter of protection may mean the difference between getting treatment for their injuries or not getting treatment.
The letter of protection is a contract between the medical provider and the attorney, and is normally obtained through a process in which the medical provider contacts the attorney requesting a letter of protection.
Letters of protection differ from advance settlement funding, because under a letter of protection no money changes hands, no interest is charged, and the medical bills are not paid until the case is settled.
Once the case is settled, the attorney is obligated to honor the letter of protection and pay the medical providers in accordance with the agreed upon letter of protection.
Wednesday, March 12, 2014
Pre-settlement Funding?
When you’re in the midst of a personal injury case and are struggling to make ends meet, securing pre-settlement funding, using financial aid like loans, might be an option.
A pre-settlement loan, also referred to as lawsuit advance funding, can help accident victims who are seriously injured, unable to return to work, and have no other resources available for living expenses while awaiting their personal injury claim to settle.
It’s important not to jump into any loans or agreements, though, without first knowing how they work, the pros and cons, and speaking to your attorney about it.
What is a pre-settlement loan?
Some finance companies offer funding for personal injury accident victims who are in the middle of a lawsuit. According to statistics "Over 85 percent of the funds consumers get go to pay immediate household needs, such as the mortgage, rent, car payments, and putting food on the table. It is used to keep them above water until they wait for the outcome of their legal claim."
After the funding application process, the company will estimate the value of the claim and then provide the client with a cash advance. The clients must then pay back the “loan" (although it’s not really legally considered a loan; it’s “funding") upon a successful settlement, along with hefty fees.
Types of Cases Suitable for Settlement Loans
Any type of case that will result in a fairly large settlement may be a candidate for pre-settlement funding. Most lawsuit advance funding companies accept cases such as:
car, bike, truck and motorcycle accidents, wrongful death, injuries to children, pedestrian accidents, product liability, medical malpractice, slip and fall accidents and traumatic brain injury cases.
Pre settlement Loans, Pros and Cons
If you are currently considering a settlement loan, it’s important to fully understand the pros and cons before rushing into any funding options.
The most obvious benefit is that this type of funding will enable you to pay your bills until your case is settled. If you have exhausted all your other resources, a loan could help you stay afloat financially.
Another benefit is that victims will have a little more staying power and may be less likely to rashly settle on a lower offer because of financial desperation.
However, there is harsh criticism of lawsuit loans by lobbyists who are fighting to have the industry better regulated. The fees are often 60 to 100 percent or more annual interest rate. Fortunately, if you don’t win your case, you will not be obligated to pay back the funding company.
As always consult with your attorney when making this or any other decision that involves your case.
A pre-settlement loan, also referred to as lawsuit advance funding, can help accident victims who are seriously injured, unable to return to work, and have no other resources available for living expenses while awaiting their personal injury claim to settle.
It’s important not to jump into any loans or agreements, though, without first knowing how they work, the pros and cons, and speaking to your attorney about it.
What is a pre-settlement loan?
Some finance companies offer funding for personal injury accident victims who are in the middle of a lawsuit. According to statistics "Over 85 percent of the funds consumers get go to pay immediate household needs, such as the mortgage, rent, car payments, and putting food on the table. It is used to keep them above water until they wait for the outcome of their legal claim."
After the funding application process, the company will estimate the value of the claim and then provide the client with a cash advance. The clients must then pay back the “loan" (although it’s not really legally considered a loan; it’s “funding") upon a successful settlement, along with hefty fees.
Types of Cases Suitable for Settlement Loans
Any type of case that will result in a fairly large settlement may be a candidate for pre-settlement funding. Most lawsuit advance funding companies accept cases such as:
car, bike, truck and motorcycle accidents, wrongful death, injuries to children, pedestrian accidents, product liability, medical malpractice, slip and fall accidents and traumatic brain injury cases.
Pre settlement Loans, Pros and Cons
If you are currently considering a settlement loan, it’s important to fully understand the pros and cons before rushing into any funding options.
The most obvious benefit is that this type of funding will enable you to pay your bills until your case is settled. If you have exhausted all your other resources, a loan could help you stay afloat financially.
Another benefit is that victims will have a little more staying power and may be less likely to rashly settle on a lower offer because of financial desperation.
However, there is harsh criticism of lawsuit loans by lobbyists who are fighting to have the industry better regulated. The fees are often 60 to 100 percent or more annual interest rate. Fortunately, if you don’t win your case, you will not be obligated to pay back the funding company.
As always consult with your attorney when making this or any other decision that involves your case.
Thursday, March 6, 2014
Letter of Protection
What does it do, and why would I need it?
When a client is represented by an attorney, the attorney may issue a letter of protection (LOP) to a doctor or medical provider, asking the doctor to hold their bill for collection, and promising to pay the doctor out of the proceeds of a personal injury case.
The LOP does NOT make the attorney responsible for the bill, it remains a contract between the patient and the doctor.
Your attorney should not issue a letter of protection unless you agree and authorize them to issue such a letter.
The form, which you must authorize states that you agree that the bills of the medical provider will be paid out of the proceeds of your personal injury settlement.
If you are not successful in your case against the at-fault party, you are still responsible for paying your medical bills.
When a client is represented by an attorney, the attorney may issue a letter of protection (LOP) to a doctor or medical provider, asking the doctor to hold their bill for collection, and promising to pay the doctor out of the proceeds of a personal injury case.
The LOP does NOT make the attorney responsible for the bill, it remains a contract between the patient and the doctor.
Your attorney should not issue a letter of protection unless you agree and authorize them to issue such a letter.
The form, which you must authorize states that you agree that the bills of the medical provider will be paid out of the proceeds of your personal injury settlement.
If you are not successful in your case against the at-fault party, you are still responsible for paying your medical bills.
There are situations where billing sources unrelated to your injury case may request a letter of protection.
Most attorneys will not agree to issue a letter of protection for a bill unrelated to the injury case, such as for a car payment, or other non-medical type billing. Typically a letter of protection is only issued to medical providers who treated the client for the injuries that are the basis of the personal injury case.
A common situation in which letters of protection are necessary includes automobile accidents in which the medical bills exceed the $10,000.00 in PIP benefits, and for which there is no health insurance or other source of payment.
Additionally in motorcycle accidents or premises liability cases, where there is no personal injury protection (PIP) insurance, the injured client would have little chance to receive care for his or her injuries without a letter of protection.
Another common situation arises because PIP auto insurance in Florida only pays 80% of accident related medical bills, leaving 20% of your medical bills outstanding.
Without a letter of protection your medical provider may require upfront payments or refuse to provide treatment without assurance that he will be paid. For many injured persons, a letter of protection may mean the difference between getting treatment for their injuries or not getting treatment.
The letter of protection is a contract between the medical provider and the attorney, and is normally obtained through a process in which the medical provider contacts the attorney requesting a letter of protection.
Letters of protection differ from advance settlement funding, because under a letter of protection no money changes hands, no interest is charged, and the medical bills are not paid until the case is settled.
Once the case is settled, the attorney is obligated to honor the letter of protection and pay the medical providers in accordance with the agreed upon letter of protection.
Tuesday, March 4, 2014
Types of Personal Injury
What is personal injury?
There are a wide variety of different situations where personal injury rules apply:
Accidents. Personal injury rules apply in situations where someone acts in a negligent manner, and that carelessness causes harm to another person.
Examples include car accidents, slip and fall incidents, and medical malpractice, among other types of cases.
Intentional Acts.Personal injury laws apply in situations where a defendant’s intentional conduct causes harm to another person.
Examples of this include assault and battery, and other intentional acts.
Defective Products. There are a few situations where a defendant can be found liable for injuries without any negligent or intentional wrongdoing.
Examples of this include certain types of product liability claims arising from a defective product.
Defamation. Personal injury laws apply when one person’s defamatory statement causes harm to another person’s reputation.
There are a wide variety of different situations where personal injury rules apply:
Accidents. Personal injury rules apply in situations where someone acts in a negligent manner, and that carelessness causes harm to another person.
Examples include car accidents, slip and fall incidents, and medical malpractice, among other types of cases.
Intentional Acts.Personal injury laws apply in situations where a defendant’s intentional conduct causes harm to another person.
Examples of this include assault and battery, and other intentional acts.
Defective Products. There are a few situations where a defendant can be found liable for injuries without any negligent or intentional wrongdoing.
Examples of this include certain types of product liability claims arising from a defective product.
Defamation. Personal injury laws apply when one person’s defamatory statement causes harm to another person’s reputation.
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