Personal Injury Protection is better known as “PIP” attorneys are similar to the general managers of any professional organization. PIP litigators formulate strategies prior to sending out demand letters. Then, the next step involves implementing litigation tactics to ensure reimbursement of PIP benefits. Lastly, a fight of sorts ensues (summary judgment, trial) to procure reimbursement of the valuable PIP benefits for you, the medical provider.
Like any good general manager who oversees a franchise and operates on a daily basis, a PIP TEAM is the go-to for audits, pre-litigation and even litigation support. A general manager cannot do it all him/herself. A strong staff is necessary to ensure the successful completion of all goals. The PIP TEAM updates our clients as to the status of the claim and happily answers any questions or concerns our clients may have.
Below are the three necessary steps to properly evaluate and successfully litigate a PIP suit, with an experienced and go-to PIP TEAM!
STEP 1: FORMULATING A STRATEGY
Like any good plan, background information regarding the accident, fact-checking the claim and analyzing the relevant patient file is necessary.
We provide these services at LaBovick Law Group. We have an experienced PIP TEAM consisting of paralegals, attorneys, legal assistants, business liaisons, and auditors. Our team will travel to your facility to evaluate the patient file/audit your files. We have the experience and ability to do Historical Reviews.
We will also extract the PIP bills/HICFAS, your SOAP Notes/Medical Records, and all other pertinent information to properly evaluate the claim for reimbursement. Next, we will audit the file to determine whether a PIP demand letter should be sent to the insurance company. We will send additional demand letters for additional dates of service, and we will file suit if your office has already sent a demand letter, free of charge!
IT IS IMPORTANT TO NOTE THAT OUR AUDITING/EVALUATION OF THE PATIENT FILES IS COMPLETELY FREE OF CHARGE. If we determine that the suit should not be filed, the audit is still no cost to you!
STEP 2: IMPLEMENTING A PLAN
Step Two involves implementing a litigation plan. This step assumes that a demand letter was sent out on your behalf. Our legal department sends out these demand letters free of charge. We send the demand letters directly to the insurance company.
What are demand letters? The demand letters indicate that your medical charges have not been reimbursed. We direct the insurance company to pay these charges correctly or risk suit.
In a perfect world, the insurance carrier pays correctly, which obviates the need for a lawsuit. However, Florida PIP law is far from perfect and suits are common.
The insurance company will send a demand response. This will contain the reasons for their failing to pay or incorrectly reimbursing you, the medical provider. We will then implement our litigation plan of attack. We will file suit and commence the litigation process.
Our team of PIP attorneys, paralegals and legal assistants will ensure that we recover your PIP Benefits in the shortest amount of time. We know that the main goal of PIP litigation is to reimburse our clients without the headache of waiting years for a resolution.
STEP 3: LITIGATION
- Discovery: Generally, discovery begins the litigation process. We will send over discovery documents to the insurance company and vice versa. We will ask the insurance company for documents (Request to Produce), to answer some questions regarding the claim (Interrogatories), and to admit or deny certain facts based on the claim (Requests for Admissions).
- Depositions: Possible depositions of the litigation adjuster, the corporate representative, the patient, the driver, your corporate representative, and the treating physician may be taken at any step of the process. These depositions do not cost you anything. We have years of experience in taking these depositions.
- Motions For Summary Judgment(MSJ): We may file what we refer to as an MSJ. An MSJ may be entered by a court for one party against another party without the need for a full trial. It may be: (a) Partial-some issues in the case; (b) Full MSJ-based on the merits of the entire case.
- If we receive a Summary Judgment in our favor: The Case is over and we will recoup all PIP BENEFITS, No further litigation is necessary, and we will call to celebrate the news!
- If we receive a Summary Judgment in part then the case moves on and we will receive a ruling on one of the issues in the PIP suit.
- Settlement: There is always the possibility of settling the case prior to trial. Both parties will negotiate and discuss a settlement to resolve the claim in full.
- Confession of Judgment: If the insurance company pays you, the medical provider, or us, your legal team, the PIP benefits you are owed, a Confession of Judgment occurs.
- A Confession of Judgment is the insurance company’s way of agreeing to make payment to you, the medical provider, for some or all PIP benefits due. An entry of final judgment occurs next. This signals the end of the suit.
- Trial: Trial is the last step of the process. Here, all of the discovery, deposition testimony, and Motions will be utilized to argue each side’s case. Ultimately, the Jury will rule for one side.
In conclusion, the number one plan of action in any PIP suit is to hire a competent, experienced and successful PIP TEAM. A successful PIP TEAM will communicate with you, the health care provider, at all stages of the litigation process. A successful PIP TEAM has a diverse unit that handles the unique aspects of a PIP claim. The LaBovick Law Group PIP TEAM meets at least once every week to discuss our cases and evaluate the trends and important topics in the PIP law. We strive to obtain reimbursements for our clients without the need for trial. Contacting an experienced PIP litigation attorney isn’t enough. An experienced PIP litigation team is essential for a successful PIP suit