their past and future medical expenses. Specifically, if the Plaintiff has health insurance, regardless of whether their treating doctor used that, they would only be able to present evidence of the amount the insurance coverage would be obligated to pay the provider plus the plaintiff’s portion of the medical expenses. If the Plaintiff does not have health insurance or has Medicaid or Medicare, they would only be able to present 120% of the Medicare reimbursement rate in effect on the date the Plaintiff incurred the medical services, or if there is no applicable Medicare rate, they would only be able to present 170% of the applicable state Medicaid rate, regardless of what they actually owe the provider. For evidence of future medical expenses, under the new law, Plaintiffs can only present what their insurance coverage would provide plus their portion of the medical expenses under their insurance coverage contract. For those that don’t have insurance or carry Medicaid or Medicare, they would only be able to present 120% of the Medicare reimbursement rate at the time of trial or 170% of the applicable state Medicaid rate to support the amount of future medical expenses, regardless of what a particular provider would actually charge or accept. There were other notable changes introduced by Florida’s New Tort Reform Law that we encourage you to look into related to changes in Plaintiffs’ rights in bad faith actions against insurance companies, significant changes in what juries can consider in negligent security cases, and changes in the awarding of attorney’s fees and calculations of the same. Can you sue the government for negligence in Florida? The short answer is yes, but there are many specific prerequisites that could affect your ability to sue them if not properly followed. Under Florida Statute, there are strict pre-suit notice requirements that must be complied with, and a waiting period of up to 6 months from that pre-suit notice. Important considerations should be contemplated when deciding to pursue an action for standard negligence and wrongful death in cases against the state entity. Most notably, there are statutory damage caps of $200,000 for a single state entity, or $300,000 for multiple state entities. This means that even if the jury awards $500,000, for example, in a car accident case where a law enforcement officer was negligent and caused injuries or death to the Plaintiff, the award would be reduced to the statutory amount allowable for that cause of action. For further details, please reference Florida Statute 768.28. What type of personal injury claims have you worked on in Florida? I have handled various types of personal injury claims, including accidents involving vehicles, pedestrians, motorcycles, semi-trucks, commercial vehicles, and ATVs; wrongful death claims; medical malpractice; nursing home negligence; dog bites, and premises liability claims with various types of dangerous conditions on the premises resulting in injury and/or death. What makes a great personal injury lawyer in Florida? Compassion, diligence, experience, patience, and availability are what I would say lays the framework for a great personal injury lawyer in Florida. It is important that a personal injury attorney gives realistic expectations about the potential issues that may arise and takes the time to explain the process to their clients. It is important to be compassionate and understanding of what the client is going through. Even if the case may not be worth millions of dollars, it is still overwhelming and lifealtering for their client. Taking the time to explain things and educate clients on how these cases work and addressing the strengths and weaknesses of each claim will allow the client to confidently make an informed decision on how to proceed, with their lawyer on the front lines diligently fighting to maximize the value of their claim. No client should ever feel that they are just a number; they should feel valued and know that their case is being taken seriously by the attorney they have trusted with their case. A great personal injury attorney will make themselves available to answer their client’s questions and walk them through the process. With 3 convenient locations in Tampa Heights, South Tampa and Brandon, we are ready to meet you where you need. Give us a call today: 813.225.2695 Compassion, diligence, experience, patience, and availability are what I would say lays the framework for a great personal injury lawyer in Florida. WWW.LAWYER-MONTHLY.COM 9 www.mytampafirm.com
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