For the purposes of this discussion we are going to assume that we are talking about Florida state courts. The rules and timelines in federal and other special courts can be quite different. First, you need to determine if you are sued. Letters from collection agencies or attorneys demanding payment or some action are not lawsuits. The first thing that will happen when you are sued is that a document called a complaint will be filed with the court. At this point, you probably will not know it has happened unless you check the clerk’s records online everyday. In addition, a document called a summons attached to the complaint will demand you serve written defenses within 20 days after service of the summons upon you. Generally, the summons and a copy of the complaint must be served upon you in person. However, anyone over 16 that resides with you can be properly served on your behalf. If you find out that someone is trying to serve you, trying to duck the service and ignoring the lawsuit may not work. In some instances, service can be made by other means such as publication in a newspaper. If so, a judgment can be entered against you without your knowledge.
A summons will generally instruct you to file written defenses with the clerk of the court and send a copy to the Plaintiff or his attorney within 20 days. The 20 days start the day after service and don’t exclude weekends and holidays. However, you must read the summons carefully, as there are special types of summons that could have shorter time periods, a demand that you show cause why you filed certain documents in the public record or ask you to show up for a hearing– as is required in small claims court. We will discuss small claims court procedures a little later in this blog.
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An Independent Medical Examination is not Independent. The doctor that performs Independent Medical Examinations typically works for a company that has been hired by your automobile insurance company. The Independent Medical Exam is not intended for treatment. The purpose of the exam is to determine whether your automobile insurance company has to pay for your future medical treatment. If the doctor performing the Independent Medical Examination determines that you no longer need a certain type of medical care, your insurance company will stop paying for that medical care. For example, if the Independent Medical Examination doctor determines that you no longer need chiropractic care, your automobile insurance company will stop paying for chiropractic care.
WHAT DO I DO IF MY AUTOMOBILE INSURER WANTS ME TO ATTEND AN INDEPENDENT MEDICAL EXAMINATION?
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I. AT THE SCENE
If you are on our web page it is probably too late and you have already had an accident, but just in case here is what you should remember when you are in a car crash.
First – always consider safety first. You are NOT required to leave the vehicles in the roadway, especially if they are both drivable and there are no deaths or grossly serious bodily injuries. Move them off to the side or a close parking lot.
Second – make sure you and everyone at the scene is ok. If you need medical assistance, or think you or someone may need medical help, call 911 right away. Be sure to tell the operator that someone is injured.
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Many websites promise to let you make your own Will quickly and easily online, and then download it for printing. Is this a good idea? Do you know enough about Wills, Trusts and Probate to know what your legal options are? Do you know how to sign your Will properly so that it will be legally enforceable and easily probated without your witnesses having to testify after your death?
WILL BASICS
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Payment of Medical Expenses Resulting from a Motor Vehicle Accident
When someone is injured in an accident as a result of someone else’s negligence it is a traumatic event which can have a dramatic effect on the person’s entire life. One has to contend with the injuries, the stress of losing time from work, the damage to ones vehicle, the medical care, the unknown effect these injuries will have on the individuals life and future, and if that wasn’t enough, the worry over the amount of medical expenses and how they will be paid. An accident can be a truly life altering event.
Florida is a No-fault state, which means your own motor vehicle insurance policy covers your medical expenses in the event of a motor vehicle accident, regardless of fault. Florida law provides that every owner or registrant of a motor vehicle purchase insurance which is to include Personal Injury Protection coverage or PIP. Basic PIP coverage essentially pays for 80% of reasonable expenses for medically necessary care, 60% of lost wages, and $5,000 death benefit or the remainder of unused PIP benefits, whichever is less. If you are a passenger and do not own a vehicle, then you would be covered under either a policy owned by a relative who lives with you or the vehicle owner/drivers policy.
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Why Carry Uninsured Motorist Coverage in Florida?
Top 10 reasons
1. 15% to 27% of drivers on the road in Florida are uninsured drivers.
2. Florida law does not require drivers to carry bodily liability coverage – meaning that Florida drivers are not required to carry insurance which pays for the personal injuries (medical expenses, lost wages and pain and suffering if you have suffered a permanent injury) they cause to others. Ironically, Florida law does require, however, that drivers carry property damage coverage to pay for the property damage they cause to your car or other property.
3. There is a very strong possibility that your medical bills, lost wages and pain and suffering incurred in an automobile accident caused by another person will not be paid if the person responsible for the accident did not carry bodily liability insurance and you did not carry UM coverage.
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