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If you have been injured in an automobile or other accident, the law limits the time in which you can file a claim. Contact us today so we can start to help you.
As an employee, you are entitled to certain wage and medical benefits, but there are time limits on notifying your employer to make sure you qualify for all the benefits you are entitled to.
Michael will not only fight to get you the compensation you deserve, but also make sure you are getting the medical treatment your injuries require.
Michael Broussard
Attorney at law
info@flgainjurylaw.com
Legal Practice Areas
Personal Injury
Whether you have been involved in an automobile or semi-truck accident or have been bitten by a dog, Michael Broussard Attorney at Law will fight to get you the compensation you deserve.
Premises Liability
Trust us to hold property owners and businesses responsible for your injury on their premises. We provide home and hospital visits.
Social Security Disability
If interested in pursuing a social security disability claim, Attorney Broussard will represent you and help you secure your disability benefits.
Worker's Compensation
If you have been hurt on the job, we will make sure you receive the wages and medical benefits you are entitled to.
Health Care Law
We always provide people a complete legal services for your cases focused on your real justice
Ecommerce Law
We always provide people a complete legal services for your cases focused on your real justice
We always provide people a complete legal services for your cases focused on your real justice
Construction & Building
We always provide people a complete legal services for your cases focused on your real justice
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Senior AttorneyFAQ's Personal Injury
Property damage claims are typically paid by the at-fault party’s insurance company, if that party has insurance coverage. If you file a bodily injury claim, your insurance is responsible to begin with, through your personal injury protection (PIP) coverage. However, 20% of your medical bills will ultimately be the responsibility of the at-fault party’s insurance provider.
If the at-fault party has inadequate insurance coverage, or no insurance coverage at all, then your insurance provider may cover all these expenses.
Florida law requires you to seek medical care and treatment within 14 days of the date of the accident. If you fail to meet this deadline, you will forfeit the PIP (personal injury protection) coverage from your insurance company.
If you are involved in an automobile accident in Florida, the initial medical treatment costs are billed to your insurance provider. Your PIP (personal injury protection) coverage will pay up to 80% of the reasonable and appropriate medical bills. The remaining 20% will be the responsibility of the at-fault party’s insurance provider. Further, the 80% of the medical bills paid by your insurance provider are subject to your PIP deductible.
The law requires 80% of your initial medical care to be paid by your automobile insurance company under PIP (personal injury protection). This amount is also subject to your PIP deductible.
80% of your initial medical care and treatment is paid by your insurance provider through your PIP (personal injury protection) coverage. 20% of your medical care and treatment bills are ultimately the responsibility of the at-fault party…however the at-fault party and their insurance provider will not pay the bills immediately. Your attorney will hold the at-fault party responsible for your medical bills and damages when settlement negotiations are entered into.
This typically means you have purchased the minimum amount of coverage required by Florida law. If you only purchased coverage to stay in compliance with the law, you will find that it may not cover much of the damages you received. This is especially true if the at-fault party had no insurance or inadequate insurance coverage.
If none of the medical providers you have treated with since the accident have addressed (in writing) whether you had an “Emergency Medical Condition” as a result of the injuries you sustained in the accident, then under the law your PIP insurance carrier only has to cover $2,500.00 in medical bills, instead of the entire $10,000.00 in coverage you purchased.
Because Florida is a “no-fault” state, the law requires an initial percentage of the medical bills be paid by your insurance company first. You may also be entitled to compensation because of damages you received that are not covered by your insurance company, but are the responsibility of the at-fault party.
Yes, your motor vehicle insurance policy states that the insurance provider has the right to contact you, record your statement, and to gain a more complete understanding of the accident and any injuries you may have sustained. If you refuse to give your own insurance company any of this information, they have the right to deny your claim.
Some of your medical bills are covered, along with some of the damages you received. PIP (personal injury protection) coverage does not cover motorcycle accidents. However, if you purchased other coverage, those may apply. Contact us for help in determining your coverage.
Yes. Your PIP (personal injury protection) coverage is the primary source of payment for medical bills incurred after your accident. However, a secondary source of payment can be your health insurance for the portions of the bills not covered by your PIP.
But be aware, your health insurance provider has the right to be reimbursed for any payments they make to cover medical bills for treatment required as a result of your injuries.
Yes. The state of Florida limits the timeframe to file a lawsuit for these claims. Prior to March 24, 2023, it was generally 4 years from the date of accident, but for all dates of accident after March 24, 2023, the time limit to file a lawsuit is now TWO years. If the accident results in death, the timeframe is also two years from the date of the accident.
Absolutely! Taking photographs at the scene, if you can safely do so, will help document property and vehicle damage, and your injuries. These photographs are very helpful and important evidence to support your claim. You should also take photographs of your injuries over time to document the healing process.
FAQ's Social Security/SSI
After you have received your official denial, the law gives you 60 days to file an appeal. If you do not file within that timeframe, your case will be dismissed and you will need to start the entire process over. Because adhering to this timeframe is important (mainly because of its legal implications) we encourage you to speak with an attorney who can explain your rights as soon as you receive a denial.
SSD stands for Social Security Disability. This benefit is based on a worker’s earned income over his or her work history coupled with how much he or she has paid into the social security system via taxes. SSI stands for Supplemental Security Income. This benefit is not income based and a person can qualify even if he or she has never worked before.
As far as which one to choose…it depends on your situation. Generally SSD pays out the larger benefit. Please contact us for more information.
Not at all!! However, a person can qualify more easily for disability benefits as they age.
You may still be eligible for SSD benefits. However, depending on your spouse’s income, you may be disqualified from receiving SSI benefits.
You can request a Personal Statement from the Social Security Administration via www.ssa.gov.
While there is no specific time limit, the more serious and severe disability claims are usually analyzed more quickly. For the average applicant, the process can take approximately 24 – 36 months…from the initial claim to the date of your disability hearing.
Yes. You may be entitled to either Medicare or Medicaid. Which one depends on whether you qualified for SSD or SSI. Both these benefits have varied waiting periods.
It depends on your monthly income and earnings. Generally speaking, if your gross monthly income is $1,550.00 or more (in 2024), you are considered to earn too much money to qualify for disability benefits.
The Social Security System utilizes something called a DLI (Date Last Insured) in determining a person’s eligibility status. The typical DLI on the majority of benefit claims is up to five years after you stop working.
This is a common misconception. The answer is No. Only the Social Security Administration (SSA), or the Administrative Law Judge (ALJ) for the Social Security Administration can qualify you to receive disability benefits.
Your doctor’s role is to provide a diagnosis of your injuries, and assign physical and/or psychological restrictions, not declare you disabled.
If your attorney is successful in securing your benefits, he or she will be paid on a contingent basis. This basis of payment is typically 25% of the back pay you receive, up to a maximum of $7,200.
FAQ's Workers' Compensation
If you are injured on the job, you must report this injury to your employer within 30 days of the injury date. In order to preserve your rights, we recommend you report any injury to your employer…even if you do not seek or need medical treatment, or the symptoms improve. You are better off to be “safe than sorry”.
Yes, you do. You are covered the same as any other worker, provided you do not misrepresent yourself to your employer in any way. Misrepresentation by a worker usually comes in the form of using a fake social security number, providing any fraudulent or false information, or misleading your employer in any way to obtain employment or to receive workers’ compensation benefits.
Unfortunately, no. If you are injured on the job and have filed a workers’ compensation claim, you must receive care from a preauthorized physician determined by your employer’s workers’ compensation insurance provider. The only allowable exception is if you receive emergency medical treatment soon after you were injured on the job.
Yes, you may be required to return to your place of employment if the treating physician determines that you are capable of performing some type of work, with restrictions. Your employer will determine if a job, task or position is available that can be performed within these restrictions.
Yes. However, you can only change your doctor once per claim.
Often times, workers’ compensation insurance providers will send investigators to conduct surveillance on the injured worker. This is in an effort to confirm that the worker is as injured or disabled as he or she has claimed to the insurance provider and the treating physicians. If you are concerned or fearful because of strange, new activity, we encourage you to contact your local police department to investigate.
Absolutely. An injured worker should always report his or her on the job injury within 30 days of the injury date. Beyond having your medical costs paid, you may also be entitled to wage benefits from the employer’s workers compensation insurance provider. Unfortunately, some employers will try to pay medical bills directly to save themselves money, but it will often hurt you in the long run in the form of lost wages or the loss of other benefits.
Generally speaking, you cannot sue the employer and co-workers separately. They have immunity from separate civil suits provided under Florida workers’ compensation laws. Very rarely are there exceptions to this rule.
Sadly, neither your employer nor your employer’s workers’ compensation insurance provider is responsible for paying your personal bills or living expenses.
However, you may be entitled to wage or indemnity benefits (at a lower rate than your usual pay), as well as medically necessary and reasonable treatment…but you are still responsible for your personal bills and expenses.
The unfortunate reality is that there is no guarantee that you can return to the job or type of work you did before you became injured. The good news is that most on the job injuries are not very severe, and most workers can go back to work after being released from their treating physician. If the worker’s prior job is no longer available, he or she is free to seek employment elsewhere.
Yes, they can. Your employer can place you in another position that fits within your treating physician’s restrictions, even if it is for less pay than what you made before the injury. However, depending on how much less you earn, the workers’ compensation insurance provider may have to supplement your pay.
Even though the workers’ compensation system has many benefits, it is not a perfect system. Your employer’s workers’ compensation insurance provider is responsible for providing you with medical care and wage benefits, as appropriate and required by law, but they are not required to pay you for any pain and suffering.
Potentially it could last for the rest of your life, depending upon the extent of your injuries, and as long as the authorized treating doctors indicate you need on-going medical care. Fortunately, most injured employee’s claims do not last that long.
The decision to settle one’s workers’ compensation claim is a personal decision each injured employee has to make individually. Each case is completely different, and every injured employee has to make this decision for himself or herself. It is usually favorable for an injured employee at some point to settle their claim, so their medical care and wage benefits are not being controlled by an insurance company who may not be making the best decisions on their behalf. However, once the claim is settled, the injured employee is responsible for paying for their own future medical care for their job-related injuries.
Please contact us before making any decision to settle.
The Florida Workers’ Compensation Laws are lengthy and complicated, and most injured employees are not familiar with all the rights and benefits they may be entitled to through the workers’ compensation system. Also, the workers’ compensation carrier does not work for the injured employee, and their desire is to save money on a claim, with their interests not always in line with the interests and concerns of the injured worker.
Hiring an experienced workers’ compensation attorney will help ensure your rights are protected and you receive all the benefits you are entitled to under the law.
There are no up-front expenses nor fees to hire Michael L. Broussard to represent you and handle your workers’ compensation claim. Your attorney at this firm will be paid at the end of the claims process when the claim is settled. Once a settlement is reached, your attorney is paid a portion of that settlement, and you receive the balance.
There are certain issues that may arise in your workers’ compensation case when your attorney is paid by the workers’ compensation insurance provider, but that fee is separate from the fee paid at the time of final settlement.
No. As long as your case is open, the workers’ compensation insurance provider or their attorney should be contacting your attorney directly for all matters.
While you have retained the services of an attorney, you will still be obligated to take care of certain items that may arise during the claims process. Your attorney will let you know what you need to participate in.
