A core responsibility of lawyers representing clients with personal injury or property-damage claims is to maximize recovery. Conventional wisdom holds that recovery is limited to actual damages – the plaintiff cannot collect more than the loss suffered. Florida law, however, provides a pathway to expand recovery when subrogation, reimbursement, or contribution rights exist. In Despointes…
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It is common for health and disability (lost wages) insurance carriers to pay benefits to their insureds who are injured due to someone else’s negligence. Many of these policies include reimbursement provisions allowing the insurer to recover payments from any personal injury settlement or judgment obtained by the insured. How Much Must Be Repaid? The…
Continue reading ›Despite having many potential sources of payment for medical expenses in ride share-related crashes, Uber riders sometimes end up holding the bag. The most common payment sources are PIP, MedPay, health insurance, Medicare, Medicaid, and bodily injury liability insurance. With a few exceptions, every owner or registrant of a motor vehicle required to be registered…
Continue reading ›Not infrequently, both a workers’ compensation case and a personal injury liability case will arise from the same accident. For example, a construction site supervisor involved in a motor vehicle crash while traveling to Home Depot for supplies can pursue workers’ compensation benefits from the employer and civil liability damages from the at-fault party. Florida…
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