Lomita, CA asked in Personal Injury for Florida

Q: Is Florida laws preventing full coverage of medical cost for the not at fault driver? My mom is being limited to 25K?

Her medical bills will be at least a million, but her lawyer is noting to sign off on the offer of 25K and that she can't get more unless they can prove the insurance company delayed the offer. The lawyer is noting a new law De Santis signed in March of this year.

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2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: Did your mom get an explanation of WHY the new tort reform law causes her lawyer to recommend acceptance of the offer? What does that particular law exactly say, and what difference does it make for her case? That's where she must start, and if that explanation is not understood, then ask for it to he explained, step by step, in a way that makes it easy to be understood. Your inquiry, standing alone, doesn't have sufficient info as to whether her lawyer is probably giving logical advice or not. Sounds like it's probably a "bad faith" claim against her own insurer for uninsured/underinsured benefits. If so, there's a number of factors that go into that settlement decision, not just the impact of the new law. If it turns out that her lawyer is right about this, and your mom ends up saddled with unaffordable debt, she may want to consider obtaining a discharge of the debt in bankruptcy court. However, providers know they can't get blood out of a stone, so perhaps there'd be some way of amicable resolution with the providers.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: Your attorney is probably aware of this, but medical liens can sometimes be negotiated at the end of a case. Depending on the type of lien, there could be special rules that apply, as in the case of public health care agency liens. Good luck

Charles M. Baron agrees with this answer

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