Pitfalls of Not Hiring an Attorney After an Auto Accident
Pitfalls of Not Hiring an Attorney After an Auto Accident
You have just been involved in a motor vehicle accident. The crash was not your fault, but you are sore and in pain. You are unsure whether your injuries are serious enough to justify calling EMS or going to the hospital. Like many people, you may also be worried about medical bills and missing work. Living paycheck to paycheck, the thought of additional expenses can feel overwhelming.
Instead of seeking immediate treatment or legal advice, you decide to go home and “wait it out.” Days turn into weeks, and the pain never improves. In fact, it becomes worse. Now you are left asking important questions:
- Did I wait too long to see a doctor?
- Will the delay hurt my injury claim?
- Can the insurance company deny my case because I did not seek immediate treatment?
The answer is: possibly. That is why speaking with an attorney immediately after an accident can protect both your health and your legal rights.
Why It Is Important to Contact an Attorney After a Car Accident
- A Consultation Costs You Nothing
Most personal injury attorneys handle accident cases on a contingency fee basis. That means you pay no attorney’s fees unless there is a financial recovery in your case.
There is no downside to speaking with an attorney early. An experienced lawyer can explain your rights, preserve important evidence, and help you avoid costly mistakes.
- Florida PIP Insurance Can Help Pay Your Medical Bills
If your vehicle is insured in Florida, you are generally entitled to at least $10,000 in Personal Injury Protection (PIP) benefits.
PIP coverage typically pays:
- 80% of reasonable medical expenses - subject to Florida’s statutory fee schedule
- 60% of lost wages
Many people do not realize that medical providers are often required to reduce their charges pursuant to the PIP fee schedule before payment is made. However, you may still remain responsible for deductibles and the 20% not covered by insurance.
An attorney can help ensure your PIP benefits are properly applied and that your medical providers bill correctly.
- Waiting More Than 14 Days to Receive Treatment Can Cost You Your PIP Benefits
Under Florida law, you must receive medical care within 14 days of the crash to qualify for PIP benefits. The treatment must come from a qualifying medical provider which includes:
- Emergency Medical Technicians (EMT) or paramedics
- Hospital or emergency room personnel
- Medical Doctors (MD) or Doctors of Osteopathic Medicine (DO)
- Advanced Practice Registered Nurses (APRN)
- Physicians Assistants (PA)
- Chiropractors
- Dentists
If you fail to obtain treatment within that 14-day window, your insurance company may completely deny your PIP coverage.
Many accident victims are unaware of this requirement until it is too late.
- Without an Emergency Medical Condition (EMC), Your Benefits May Be Limited
Florida law also requires a qualified medical provider to determine that you suffered an “Emergency Medical Condition” (EMC).
Without an EMC finding:
- Your available PIP benefits may be limited to only $2,500
- Instead of the full $10,000 in available coverage
Additionally, the medical provider who performs the EMC must be:
- A licensed physician (MD or DO)
- A licensed dentist
- A licensed physician assistant (PA)
- A licensed advanced practice registered nurse (APRN)
A chiropractor is not permitted to perform the EMC.
This is another reason why prompt medical evaluation is critical after an accident.
- Florida’s Statute of Limitations Has Changed
Florida law now generally requires negligence lawsuits arising from motor vehicle accidents to be filed within two years from the date of the accident.
If you fail to file suit within the statute of limitations, you may permanently lose your right to pursue compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Future medical treatment
The sooner an attorney becomes involved, the sooner evidence can be preserved and your claim properly investigated.
- Insurance Companies Use Delays Against You
Insurance companies are businesses focused on minimizing payouts. If you wait weeks or months before seeking treatment, the insurance adjuster will likely argue:
- Your injuries were not serious
- Your pain was unrelated to the accident
- Something else caused your condition
Even legitimate injuries can become harder to prove when there is a significant delay in treatment.
The insurance company is not on your side. Their goal is often to pay as little as possible on your claim.
Protect Yourself After an Accident
After a motor vehicle accident, your priority should be protecting both your health and your legal rights. Even if you believe your injuries are “minor,” symptoms can worsen over time.
Speaking with an experienced personal injury attorney immediately after an accident can help you:
- Understand your rights
- Preserve insurance benefits
- Obtain proper medical treatment
- Avoid costly mistakes
- Maximize your financial recovery
Contact Steven Kuveikis, P.A.
If you have been injured in an auto accident in Florida, contact Steven Kuveikis, P.A. today for a free consultation.
Steven Kuveikis, P.A.
601 Heritage Drive, Suite 136
Jupiter, Florida 33458
Phone: (561) 354-6969
Email: steve@kuveikis.law
You do not pay attorney’s fees unless there is a recovery in your case.
