South Florida Injury Lawyer Blawg
Recently, an appellate court issued an opinion in an appeal stemming from a woman’s claim for uninsured/underinsured(UM) coverage against her insurance company. The woman suffered injuries in a car accident and subsequently filed a negligence claim against the at-fault driver, the owner of the vehicle, as well as a UM claim against her insurance provider. After settling the claims with the driver and car owner, the case proceeded against her insurance provider. The trial court granted the woman’s motion for a directed verdict. The insurance company appealed, arguing that a directed verdict was inappropriate and the case should proceed to a jury trial.
The woman argued that she suffered several injuries due to the accident, but the specific issue in the appeal revolves around injuries to her left knee. The evidence indicates that the woman suffered injuries to her knee while attending the Naval Academy and again while walking. About two months before the accident, the woman underwent surgery for a torn meniscus. She reported that her knee was improving until the car accident. The woman sought treatment from numerous doctors until she found one that would treat her under a letter of protection.
A letter of protection is an agreement between a patient who does not have insurance and a health-care provider. This document provides that the medical provider agrees to a deferred payment while the client is involved in a court case. In most cases, the patient is still responsible for the provider’s bill, regardless of the outcome of their lawsuit.