What is an Emergency Medical Condition?
EMC is the term for a medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could result in serious jeopardy to the individual’s health, and/or serious dysfunction of any bodily organ or part, and/or serious impairment to bodily functions. This medical diagnosis establishes both the severity of your injuries, and your right to benefits under your automobile insurance policy.
Why is an EMC important to my PIP insurance?
Under Florida PIP Law, most insurance policies provide for a minimum of $10,000.00 in medical benefits and lost wage coverage. However, your right to claim the full amount of these benefits can be greatly impacted by the presence of an EMC diagnosis. The law doesn’t give a specific timeframe for when an EMC needs to be established, but it must be diagnosed by a qualifyied medical doctor, as defined under Florida Statute 627.736, in order to obtain your full PIP benefits. Failure to obtain an EMC diagnosis will limit your PIP benefits to $2,500.00 in total, which could leave you with thousands of dollars in unpaid medical bills. Additionally, you may not be able to complete treatment for your injuries.
Contact McGRATH GIBSON immediately after your motor vehicle accident so that we can ensure your PIP coverage is obtained properly and that you receive the benefits that you purchased under your auto insurance policy.
All legal representation in Auto Accident Litigation is done on a contingency basis, meaning you pay no attorney’s fees or costs unless we win your case. Free consultations for your injury claim are available day and evening in office, home, or hospital.
Please call today for more information on your legal rights at 904-358-3300.
