Florida Judge Enjoins New No-Fault Law

Posted by Guy DiMartino | Mar 20, 2013 | 0 Comments

Florida lawyer, Guy S. DiMartino, explains the recent ruling enjoining Florida's 2013 PIP (personal injury protection) law.

Florida's no-fault law underwent another overhaul in 2013, which included:

  • 14–day requirement to qualify to PIP benefits
  • $2,500 benefit unless the patient has an “emergency medical condition”
  • Doctors of chiropractor are not allowed to certify emergency medical conditions
  • No massage therapy benefits
  • No acupuncture treatment

A chiropractor in Leon County filed a lawsuit challenging the law on a number of theories and seeking a temporary injunction.  An injunction would temporarily stop the law from going into effect.

On March 15, 2013, Leon County Circuit Court Judge Terry P. Lewis entered the temporary injunction issuing a seven page order.  Judge Lewis believed the new PIP law runs afoul of Article I, Section 21 of Florida's Constitution also known as the open access to the courts provision.

The insurance commissioner will be appealing the matter and the state legislatures who were in favor of the law have already threatened to do away with the no-fault law all together.  I do not know what the future will bring but for the immediate future folks who are injured in car accidents will be able to get the medical care they deserve.

If you have any questions about Florida's no-fault law or a car accident, don't hesitate to give me a call on my cell phone at (352) 267-9168 or fill out the internet consultation form on the right side of the screen.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+


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