This is generally collected under your own insurance policy even if you are not negligent.
It covers your lost wages and medical expense subject to your deductible.
New Florida Statute Added Restrictions
In Florida it covers $10,000 in medical expenses if you get treatment within the first 14 days after an accident and its determined that you have an “emergency medical condition”.
Emergency Medical Condition is defined as “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 reasonably be expected to result in serious jeopardy to patient health, and/or serious impairment to bodily functions, and/or serious dysfunction of any bodily organ.”
What if treatment is not received in 14 days or there is not emergency
medical condition?
You may be limited to only $2,500 in coverage.
You do not need to go to the hospital to have an emergency medical condition.
MD’s can diagnose.
Change in statute – limits types of treatment such as acupuncture.
If you have a debt that has been “charged off” this means that your original creditor has written your debt off their books. However, this DOES NOT mean that you are not responsible for the payment of the debt. Creditors often sell individual debts to third party collection companies whose business is debt collection. The collection company will first contact you in an attempt to collect the debt and if unsuccessful will take further actions such as filing a lawsuit and obtaining a judgment. After a judgment is entered, the creditor has the power to garnish wages, seize assets, or assert a lien against your property.
If you are uncertain whether or not an “old debt” is still valid, you should pull a credit report to obtain the date of your last payment to each creditor to determine whether the time has expired for the creditor to collect against the debt. If you are dealing with a creditor pursuing a debt that has been “charged off” or old debt and want to evaluate whether or not the debt is valid feel free to contact me to discuss your options.
During the height of the market, many people purchased investment properties that they could no longer afford. As a consequence, if the mortgage is not paid, the lender will initiate foreclosure proceedings. There are options available that will allow you to keep both your homestead and your investment property and save money in the process. For example, if your investment property in underwater, you are delinquent on the mortgage and you owe the lender $150,000 but the appraised/fair market value of the property $80,000 you can “cram down” the mortgage payment and pay the lender back $80,000 + 5.25% interest over a 5 year period, keep the property and potentially wipe out the $70,000 to the lender.
Your injury claim is an asset of the bankruptcy estate. It is very important to keep both your personal injury and bankruptcy attorney informed to best protect your interests. In both a Chapter 7 and Chapter 13 bankruptcy, if the claim arose prior to filing, you must disclose your injury claim on the bankruptcy petition. If your claim arose after your filed your bankruptcy petition, it must still be disclosed to the Chapter 13 trustee BUT NOT in a Chapter 7 case. If your injury occurs after you filed for bankruptcy, even the day after you file, it does not become part of the bankruptcy estate.
Car Accident – Must Treat within 14 Days or Lose your Benefits
Whether you are married or separated, you can still file for bankruptcy on your own. There is no requirement that your spouse file for bankruptcy.
Chapter 7 or Chapter 13 Bankruptcy?
If you are married and maintaining the same household, then the trustee will consider your joint income to determine if you are over the median income qualifications for a Chapter 7 bankruptcy or to determine what you are financially able to repay in a Chapter 13 bankruptcy.
If you are separated and maintaining separate households, you expenses should also be listed separately.
Contact Gina Rosato Law Firm, P.A. to discuss your Bankruptcy Options
Whether you are married or separated, you can still file for bankruptcy on your own. There is no requirement that your spouse file for 
