Personal Injury

 A serious auto or motorcycle accident can be a very traumatic and difficult experience. The personal injury attorneys at DKN Legal, PLLC are here to help you. Regardless of whether the accident was a minor collision or a catastrophic collision, our attorneys are here to help you and provide answers and direction 24/7.

Most often, the first question is what insurance will cover the expenses for the repair of your vehicle, your emergency room visit, and your lost wages.  Multiple policies of insurance may come into play, Property Damage, PIP, Medical Payments, Bodily Injury, and Uninsured/Underinsured Motorist Coverage.

Property damage covers the damage to your vehicle and any other property destroyed as a result of the accident. Personal Injury Protection (PIP) is Florida’s no fault insurance.  PIP provides benefits to cover your resulting medical expenses up to the policy limits minus your PIP deductible regardless of fault.  For example, a $10,000 PIP policy with a $500 deductible will pay 80% of the covered medical expenses up to $9,500.  If you do not seek medical treatment by a physician authorized to diagnose an emergency medical condition your PIP carrier will refuse to cover any of your medical expenses.  Medical Payments is a separate policy that can cover the 20% that PIP does not cover.  If you use your medical payments coverage and obtain a settlement from the defendant you may have to reimburse your insurance company for any money they paid to your medical providers but that is better discussed in an office conference.

Bodily Injury insurance allows a person to place a claim with the insurance company that will cover the 20% that PIP does not cover and any other expenses including a potential recovery for pain and suffering.  If the at-fault driver does not have BI then a claim will be submitted to your insurance company under your UM policy.  UM insurance allows you to place a claim against your insurance company provided that you elected UM coverage when the insurance policy was purchased.

These questions are difficult to answer without a careful review of the at-fault party’s policy of insurance and then your policy of insurance. Please contact our office for a free review of your automobile insurance policy.

If you or a loved one has been involved in an auto accident or you have a question that has not been answered, call (321) 329-5449 and press 4 for the on call attorney.

All too often motorcycle accidents end with catastrophic results.  It is important to take pictures of the accident scene and of the condition of the motorcycle before it is taken by the insurance company and most likely destroyed.

There are several policies of insurance that may cover a loss for the person injured or for the family members left behind paying for funeral expenses.  A review of the injured motorcycle rider’s uninsured or underinsured automobile insurance may also provide valuable coverage.

A serious auto accident or motorcycle accident can be a very traumatic and difficult experience. The personal injury attorneys at DKN Legal, PLLC are here to help you. Regardless of whether the accident was a minor collision or a catastrophic collision, our attorneys are here to help you and provide answers and direction 24/7.

If you or a loved one has been involved in an auto accident or you have a question that has not been answered, call (321) 329-5449 and press 4 for the on call attorney.

Slip and fall accidents are the common claims in premises liability cases. Premises liability law involves the legal responsibility of owners and occupiers of land and property for injuries experienced by persons on that property. One of the most common causes of such injuries is a trip and fall or slip and fall, such as spilled liquid, broken sidewalk, a loose or uneven stair tread, or a piece of debris on the floor. READ MORE

Bicycles are a hybrid of pedestrian and vehicle law and the same goes to the insurance coverage that may provide valauable benefits. First, personal injury protection coverage (PIP), that you hear so much about the 14 day rule, may provide coverage if you are injured by an automobile regardless if the bicycle accident is your fault.  You must seek medical assistance within 14 days of the accident or you may lose valuable benefits.  If you own a vehicle with this coverage you can seek benefits from your automobile insurance carrier.  If you do not own a vehicle and live with a resident relative you may be able to claim benefits under that policy of insurance.  Now, if you do not own a vehicle and do not live with a resident relative you can file a claim for PIP benefits under the automobile driver’s policy of insurance.  PIP benefits are for medical and lost wages so a bodily injury (BI) or pain and suffering claim will have to be made against the at-fault driver’s insurance.  If BI insurance is not available then you can seek coverage under a UM policy of insurance.

The next insurance that may provide you coverage is uninsured or underinsured motorist insurance.  This is coverage purchased by you or a family member, if you are living in their household that may provide insurance in the event the driver did not have BI coverage or only carried minimal BI policy limits.  UM insurance is best if it is stacked UM coverage.  Stacked coverage multiplies the number of vehicles on the policy by the amount of insurance.  So if you have a $100,000 policy, elect stacked UM coverage, and have three vehicles, the potential UM coverage is $300,000.

If you or a family member are ever involved in a bicycle v. automobile accident look to your auto insurance for potential insurance coverage.  Available insurance and the facts of the accident will determine what coverage will be available and without knowing the facts it is hard to determine so please contact an attorney to review the facts and potential insurances that may provide benefits.

These are all reasons to call and have questions answered by an attorney that understands bicycle accidents, automobile and motorcycle accidents in Melbourne, Palm Bay, Patrick Air Force Base, Cocoa, and the beaches. If you have any questions regarding insurance coverage and auto or motorcycle accidents please do not hesitate to contact Renee L. Dial or another DKN Legal attorney at (321) 329-5449.  Press 4 for new clients.

Wrongful Death content goes here.

If you are injured in an auto accident the first insurance that would kick in to pay your medical bills is the Personal Injury Protection coverage through your automobile insurance policy.  A typical PIP policy will pay 80% up to the $10,000 limits minus your deductible.

The 20% that PIP does not pay may be recovered from the at-fault driver’s bodily injury insurance.  The amounts of coverage varies from person to person.  It is not uncommon in Florida that the at-fault driver does not have any BI insurance.  If there is no BI insurance then we would look to your insurance policy for uninsured or underinsured motorist coverage.

If you are injured in an accident you must seek treatment within 14 days of the accident and that treatment must be by a professional that is allowed to diagnose an emergency medical condition under Florida law.  If you do not seek treatment within the 14 day period you may lose valuable medical and lost wage benefits.

Most often your insurance company will credit your deductible if the at-fault party’s insurance company has accepted liability for the accident.  If your insurance company does not credit your deductible then you may seek reimbursement of the deductible through the at-fault party’s insurance company.