PIP Litigation


In Florida, drivers are required to carry Personal Injury Protection (PIP) insurance. This type of insurance, also called "no-fault insurance" covers injuries caused by an accident, regardless of who is at fault. The theory behind PIP insurance is to ensure that any individual will receive compensation for injuries they receive as the result of an accident.

The reality of PIP insurance is much more complicated. PIP laws in Florida can be complicated and confusing, requiring the help of an experienced PIP legal team. At Frankl & Kominsky, our knowledgeable personal injury attorneys can help navigate the legal maze and assist victims in receiving the PIP compensation they deserve.

Florida PIP Limits

In a Personal Injury Protection (PIP) claim, or a "no fault" insurance claim, an individual files a claim against his or her own insurance after an accident. The claim can include medical and hospital costs, prescription and physical therapy costs, payment for lost wages, and other expenses affiliated with an accident. Again, the PIP claim does not assess who is at fault in an accident. There are limits to the amount a PIP claim will pay out, however. PIP insurance companies will pay either the amount of the claim or the limit of what the state allows, depending on which is lower.

Florida PIP laws allow victims of accidents to recover medical costs, lost wages, and death benefits. The law allows victims to receive payment for almost all types of medical costs, although some - including acupuncture - are excluded.

Florida law does, however, establish limits on the percentage of the cost that PIP will cover. Under Florida law, 80% of medical expenses are covered by PIP. This amount is only for "emergency" care. If injuries and medical needs are considered non-emergency injuries, then the State of Florida allows insurance to provide benefits only up to $2,500. Moreover, although lost wages are covered, they also have limits. If an individual is disabled in a car accident, Florida law states that PIP will cover up to 60% of lost wages, up to $10,000. For death benefits, PIP in Florida will provide up to $5,000 to cover funeral and burial expenses.

Recouping Compensation Under PIP

While the idea of PIP is to streamline the insurance process and to enable victims to obtain funds more quickly, the reality of PIP is more difficult, and often requires the assistance of legal professionals like Frankl & Kominsky to help. Frankl and Komisky have helped numerous South Florida victims gain compensation under PIP laws and file personal injury lawsuits to recoup remaining costs when a negligent driver is at fault.

At Frankl & Kominsky, our skilled lawyers know that PIP claims have stringent requirements, including that victims must seek treatment for injuries within two weeks of an accident. Additionally, while insurers can take 60 days to investigate a claim, they must pay damages within 30 days after a claim is filed. There are also requirements regarding obtaining PIP lost wages, and specific documents victims must file to be eligible to gain lost wage compensation.

Frankl & Kominsky knows how to fight for the rights of victims of car accidents to receive PIP benefits, and also knows when to file personal injury suits against negligent drivers or others responsible for accidents, such as cities, counties, construction companies, and manufacturers. We know that car accidents are stressful, and we work to get victims compensation as soon as possible.

If you or a loved one in South Florida has suffered in a car accident, you may be entitled to a PIP claim. Call us today at (855) 800-8000 or fill out our online form for a free consultation. We serve clients in South Florida communities such as Lake Worth, Boca Raton, Boynton Beach, Delray Beach, and Palm Beach Gardens. We are fluent in Spanish and Creole.

Client Reviews
I have had experience in the past using other attorneys and law firms however the attorneys and staff at Frankl & Kominsky are by far the best experience I have ever had. Thank you for everything this law firm has done. I recommend this law firm to everyone. By Bruce
This was an amazing injury law firm. Steven and his staff was available when I needed him and were always following up with me. I felt very fortunate that I found them. It is true that this law firm will never settle for less! I fully recommend this law firm to anyone that needs a hardworking and results oriented law firm. By Consuelo
Mr. Frankl came very highly recommended by two separate peers. I had a handful of lawyers to choose from and I chose him. He moved quick, no nonsense, and very effective. Before I knew it everything was handled and I had a serious burden lifted. If I ever have a problem again, I am going straight to him. It is that simple. By Kelly
I called Mr. Frankl and his firm about a motorcycle accident case and he helped me through the entire process. Mr. Frankl made me feel like my situation mattered to him and didn't treatment me like just another file in a file cabinet. He is smart, energetic and a true fighter. I am glad to call him my lawyer and I highly recommend Frankl & Kominsky for your personal injury case. By A Personal Injury Client
Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise. By Damon