What disability and death benefits am I entitled to under PIP insurance when another driver causes a car accident that causes injury or fatal death?

According to Florida Statute, disability benefits of sixty percent are required for loss of earning capacity from inability to work and the cost of having to hire others to do ordinary and necessary services for the household that the injured person could otherwise do that are caused by the injury sustained in a car accident. One important point to remember is that disability benefits are not merely calculated as the lost salary that the injured has suffered from the inability to work caused by the injury, but rather the loss of earning capacity in addition to loss of gross income. For example, this may mean that if you are a sales person that earns amounts from commission sales, you may able to obtain a certain percentage based on your past earnings. Though earning capacity does not have a precise definition or is not exacted, it is not limited to the salary that the injured was earning. After the claimant dies, coverage for loss of income or earning capacity is no longer available. Porr v. State Farm Mutual Automobile Insurance Co., 452 So.2d 93 (Fla. 1st DCA 1984). If the insured’s medical premiums were being paid by the employer as part of the insured’s gross income, they are also entitled to 60% of that amount. Stewart v. Allstate Insurance Co., 618 So. 2d 771 (Fla. 5th DCA 1993). Under Florida law, the death benefit required to be paid is $5,000 per individual. This can be paid to the executor or administrator of the estate, to any of the deceased’s relatives by blood or legal adoption or connection by marriage, or to any person appearing to the insurer to be equitably entitled thereto. Prior to a change in 1989, the recoverable death benefits were limited to funeral, burial, or cremation expenses. Currently, the death benefit is a life insurance-type lump sum payment. Typically, the attorney is not supposed to charge a claimant for collecting the death benefit fee. However, if the insurer contested payment and the claimant had to take action to recover the death benefit, the attorney is entitled to fees from the insurer if the claimant is successful.