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.

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.

Uninsured/Under-insured Motorist Coverage

Uninsured Driver Coverage

You use your uninsured motorist coverage if you are hit by a driver who carries no car insurance, and the accident is deemed to be that driver’s fault. If that happens, you would generally not bother trying to sue the uninsured driver. Drivers who have no car insurance generally don’t have any money either. Instead, you would make a claim against your own insurance company up to the limit of your uninsured driver coverage.

Under-insured Driver Coverage

Under-insured driver coverage is for when you are hit by a driver who carries insufficient car insurance, and the accident is deemed to be that driver’s fault. Insufficient insurance means that the negligent driver does not have enough insurance to cover your damages. In that case, you would make a claim against your own insurance company up to the limit of your under-insured motorist coverage, but only if your under-insured driver coverage is greater than the negligent driver’s policy limits.

Let’s say that your case is worth $200,000, but the negligent driver only has $100,000 of coverage. In that case, you can make an under-insured driver claim against your own insurer as long as you have more than $100,000 in under-insured driver coverage. If you had $150,000 in under-insured driver coverage, you would settle with the negligent driver for $100,000, and would settle with your insurer for $50,000. You cannot take the negligent driver’s $100,000 policy and another $100,000 from your policy. You can only take from your policy that amount that exceeds the negligent driver’s coverage.

Another important thing to know about uninsured and under-insured driver coverage is that those coverage's cannot exceed the amount of your primary coverage. For example, if you have $100,000 in coverage for your own potential negligence, you can only have up to $100,000 in uninsured or under-insured coverage. That’s just a financial issue for insurers. Uninsured and under-insured coverage is very cheap compared to regular liability coverage, so insurers don’t want their clients purchasing only the minimum liability coverage and then loading up on uninsured and under-insured coverage.

How an Uninsured or Under-insured Driver Claim Works

If you have reason to believe that the driver who hit you is uninsured, you should give your insurer notice as soon as possible, letting them know that you intend to file an uninsured claim.

Some car insurance policies place strict deadlines on their clients' policies when it comes to notification of potential uninsured claims. Don’t delay. The deadline could be as brief as 30 days. If the other driver tells you that he/she does not have car insurance, or, if he/she refuses to give you any insurance information, and you can’t get the insurance information in any other manner, inform your insurer immediately that you intend to file an uninsured claim against your insurer.

An under-insured driver claim will generally take a little longer to develop. You usually are not going to know right away that you are going to have an under-insured driver claim until your medical treatment progresses and you and your lawyer get a better understanding of the value of your car accident case. But once you or your lawyer believe that your case is worth more than the defendant’s liability coverage, you must inform your insurer immediately that you intend to make an under-insured driver claim against it.

In general, an uninsured or under-insured driver claim progresses in the same way as a regular car accident claim, except that the claim is against your own insurance company. There will be pretrial investigation, disclosure of your medical records, and depositions of witnesses. But one very important difference is that, if you and the insurer cannot agree on a settlement figure, you cannot file a lawsuit against your insurer.

Instead, you have to submit your claim to binding arbitration, which is a more informal procedure than a court trial. An arbitration is a hearing in front of an arbitrator, and the arbitrator or arbitrators will decide who wins. The down side of binding arbitration is that, unlike a court trial, the losing side in an arbitration has very limited rights of appeal. Basically, the losing side in a car accident arbitration is stuck with the decision.

www.floridabar.org/www.allaw.com

Finding an Attorney

This week's blog covers some basic tips when looking for an attorney.

Most people don't have a "regular" attorney, in the sense that they have one or more doctors that they see at least annually.

So how do you find the attorney who's right for you?

Where do you turn for recommendations?

One way is to get recommendations from a trusted friend, relative, or business associate. Be aware that each legal case is different and that an attorney who is right for someone else may not suit you or your legal problem.

Are there any practical considerations to keep in mind when choosing an attorney?

Yes, the attorney's area of expertise and prior experience are important.

Eighteen states have specialization programs that certify attorneys as specialists in certain stated types of law. These states are: Alabama, Arizona, California, Connecticut, Florida, Georgia, Idaho, Indiana, Louisiana, Maine, Minnesota, New Jersey, New Mexico, North Carolina, Pennsylvania, South Carolina, Tennessee and Texas.

In states without certification programs, you may want to ask about your attorney's areas of concentration. You also may wish to ask about the type of cases your attorney generally handles.

To learn more about your states certifications, check your local bar association website.

Another possibility is a referral service.

Most communities have referral services to help the public find attorneys . These services usually recommend a attorney in the area—sometimes at a reduced cost.

Several services offer help to groups with unique characteristics, such as the elderly, immigrants, victims of domestic violence, or persons with a disability.

These services usually make referrals according to specific areas of law, helping you find an attorney with the right area of practice.

Many referral services also have competency requirements for attorneys who wish to have referrals in a particular area of law.

To contact a referral service, look in the telephone book's yellow pages under "Lawyer/Attorney Referral Service," or look under any local or state bar association listing. You can also 'Google' it on the internet.

How do I go about choosing an attorney?

Most attorneys will meet with you briefly to "get acquainted," allowing you to talk with your prospective attorney before making a final hiring decision.

In many cases, there is no fee charged for an initial consultation. However, to be on the safe side, ask about fees before setting up your consultation appointment.

I may want to hire a lawyer, but I do not have much money. Where can I find low-cost legal help?

People do not have a right to a free attorney in civil legal matters (they do in most criminal cases). However, several legal assistance programs offer inexpensive or free legal services to those in need.

Most legal aid programs have special guidelines for eligibility, often based on where you live, the size of your family, and your income.

To find free or reduced-cost legal services in your area, call your bar association or county courthouse. You can also search "Legal Aid," or "Legal Assistance' on a computer with an internet connection.

For more information on this topic and many other legal topics, be sure to visit your local bar association website.

What does Florida Law require to operate a motorcycle?

To legally operate a motorcycle in Florida, the law requires:

A Florida motorcycle operating license, or equivalent out-of-state motorcycle endorsement;

Attaining at least 16 years of age;

Completing a 15-hour basic rider education course, accredited by the Motorcycle Safety Foundation (MSF), including skills training, road safety knowledge exam, and hearing and vision tests;

If an operator is 16 to 20 years old, a state-approved safety helmet is mandatory;

If an operator is 21 years or older and carries the required $10,000 in insurance, the motorcyclist may "ride free," without a helmet;Riders must use state -approved eye protection, such as goggles, glasses, or a windshield;

Daytime use of a headlight;

Riders may not use head phones;

Handlebars that are no higher that the rider's shoulders;

Use of turn signals

Any passenger or rider on a motorcycle under 21 years of age must wear an state-approved helmet;

Operators may not consume alcohol and ride with a BAC of .08 or greater.

See the FLDMV "2006 Florida Motorcycle Operating Manual," online for more information.

Florida PIP Law Changes

With changes to auto insurance laws, its a good idea to review your auto policy. Perhaps you need to update some coverage's, possibly even add some new ones. We will take a look at some of the key points you should be concerned about with your auto policy.

The first thing to be aware of is the new P.I.P (Personal Injury Protection) changes.

The first thing to be aware of is now if you are injured in car accident you will have only 14 days to seek initial treatment as opposed to the previous policy that placed no time limit on treatments.

If treatment is sought after two weeks, NOTHING will be reimbursed by the insurance company.

 Another change as well states, policyholders may be eligible for only $2,500 in coverage, instead of the previous limit of $10,000.

Only persons with serious injuries are eligible for the higher limit, while those with less severe injuries will receive only up to $2,500.

According to the Tampa Bay Times, patients will need certification by a medical doctor, osteopathic physician, dentist, physician assistant, or advanced registered nurse practitioner corroborating that the injury required immediate medical attention.

The new law excludes massage therapists and acupuncturists as covered providers under PIP.

Another disturbing aspect to the law is that it does NOT require insurance companies to notify policyholders of the changes, potentially reducing a policyholders coverage's without their knowledge.

The new PIP law forces insurance companies to reduce their PIP rates by at least 25% by 2014.

This appears to be good news for policy holders, however the PIP cost is such a small portion of the insurance premium (approximately 20%) that the insignificant savings, stacked up next to the lost coverage's is actually benefiting the insurance industry, not policyholders.

If you are involved in an accident, it is important to remember that the new 14-day PIP limit only allows a very small window of time for injured motorists to seek medical treatment.

Many drivers hesitate to seek help immediately, waiting to see if things will get 'better' before seeking medical attention. This hesitation could keep you from receiving PIP compensation in the event of an accident related injury.

Due to the changes in the law, it is absolutely critical to seek medical attention after an auto accident as well as to contact a personal injury attorney immediately following your accident to ensure that your rights are protected.

Driving While Impaired Random Facts

Drunk driving causes approximately one-third of all traffic fatalities in the United States.

During the year 2007, alcohol-impaired driving was involved in the deaths of nearly 13,000 Americans.

On average, someone in the U.S. is killed by a drunk driver every 40 minutes.

Roughly three in every 10 Americans will be involved in an alcohol-related collision at some point in their life.

Over 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics in 2007.
This number is less than 1% of the 159 million self-reported episodes of drunk driving in that year.

According to the law in all 50 U.S. states, a driver is considered to be legally drunk when his or her blood alcohol content (BAC) level is at or above .08 grams per deciliter (g/dL).

To reach a BAC level of .08 g/dL, a man weighing approximately 170 pounds would need to consume four standard drinks in one hour on an empty stomach.

A woman weighing about 140 pounds would need to consume three drinks in one hour.

Alcohol remains in the body for up to six hours after drinking.

It takes approximately six hours after drinking for the body to completely eliminate alcohol from its system with a BAC level of .08 g/dL.

Because alcohol dilutes itself in the water volume of the body in order to travel through it, vital organs that contain a lot of water (such as the brain) are particularly vulnerable to the effects of alcohol.

Even at BAC levels as low as .02 g/dL, alcohol can affect a person’s response time and driving ability.

The probability of a crash increases significantly after .05 BAC, and even more rapidly after .08 BAC.



thanks to random facts and MADD for statistical information.