Florida Car Accident Claims and The Permanent Injury Threshold

September 8, 2022

Pompano Beach, Broward County, Florida Car Accident Claims And The Permanent Injury Threshold

Are you thinking of filing a Pompano Beach, Broward County car accident claim? If so, you need to recognize all the specific aspects of Florida law. This relates most directly to what is known as the permanent injury threshold.


This post will discuss all the critical aspects of Florida car accident claims as they relate to the permanent injury threshold. That way, you can have confidence about the process when first getting in touch with an attorney.


Understanding Florida As A No-Fault State

Current law dictates that Florida is classified as what's known as a "no-fault state" in relation to car accident injury suits. What this means is that vehicles must carry personal injury protection, or PIP insurance. PIP insurance will pay out up to $10,000 for any medical bills, lost wages, and related factors. This payout comes whether you were at fault or not.


In realistic terms, this $10,000 payout is often woefully inadequate to cover losses sustained in a car accident. Accordingly, many people find it necessary to seek out additional costs if they are a victim of an accident.


That's where it is important to recognize the Florida serious injury threshold standard. To sue a negligent or at-fault driver for additional money beyond the $10,000 PIP, you need to establish this serious injury threshold.


What Is A Serious Or Permanent Injury Threshold?

According to F.S. 627.737(2), the threshold for serious injury is met when the following consequences occur after a crash:


  • The loss or serious impact of an essential body function (such as walking or the proper use of a hand)
  • Some sort of permanent injury as determined by a medical evaluation and to some level of probability that full recovery is not possible
  • Serious scarring or other disfiguring injury
  • Death from the accident


The injuries must be the direct cause of the accident and the defendant who you sue. Also, you must provide adequate evidence that these factors are true to establish the permanent and serious injury threshold.


Examples Of Serious And Permanent Injuries

  • Broken bones
  • Fractures, tears, or other trauma
  • Traumatic brain injuries
  • Damage to the spinal cord or nerves
  • Injury to one or more internal organs


Many other injuries can also qualify as serious or permanent under Florida law. Therefore, consulting an auto injury attorney and seeking medical help are absolutely critical if you are hurt in an accident.


How To Prove Serious Injuries

A common question for those involved in a car accident with injury is "how do I prove that my injuries are bad enough to qualify as serious or permanent?" The short answer to this question is that it is determined on a case-by-case basis.


For instance, one broken arm injury could have a relatively quick recovery without major side effects. The same broken arm on a different person could lead to serious nerve damage, months of rehab, and permanent issues with the injury site.


These differences show why you must speak with an injury attorney if you are considering filing suit. If you're facing an injury that has impacted your body, your work, and your life, that may seem like enough evidence to prove your case. In the legal system, though, that is not necessarily true.


In terms of the legal process, you will have to prove that your injuries are grievous enough to meet this standard set in Florida law. This is often accomplished by bringing in a medical expert or experts during trial to testify on your behalf.


These experts can simplify all the medical jargon and other reports to make a clear and easy-to-understand breakdown of any injuries sustained. This also demonstrates how these injuries have a serious or permanent effect on an injured person's everyday life.


PIP Limitations And Injury Thresholds

If your injuries are deemed permanent or serious and meet the Florida thresholds, the no-fault status of the law no longer applies. What this means is that you are no longer limited by the $10,000 PIP coverage that comes with all insured Florida motorists.


Remember, damages you can seek do not have to all be tangible economic losses such as wages from missing work. Florida tort law also gets you compensation for the pain, suffering, and emotional distress you endure from the accident.


Again, the severity of your injuries and the impact on your life will factor into the monetary amount you could recover from this ruling.


Insurance Companies And Victim Compensation

With all this in mind, a victim may decide to bring a suit against the person responsible for the accident. This usually means filing a suit against the other party's insurance company.


And this means that victims must now face the slick, experienced legal team of the responsible party’s insurance company.


The resources these companies offer can make the legal process of recovering compensation inordinately difficult for victims. After all, their job is to minimize the amount of money they must pay out to other parties. They will fight to find ways out of paying money that a victim needs and deserves for their injuries.


Why A Pompano Beach, Broward County, Florida Attorney Is Essential

With an adversary as powerful as the insurance company, you need an ally on your side when it comes to your personal injury suit. This is why securing an experienced auto injury attorney is fundamental.


Attorneys who specialize in Florida accidents have the knowledge and expertise to navigate the often complex process of an injury case. They can help you determine your next steps to establish a permanent injury threshold with medical professionals. They will also go to bat for you against the responsible party’s insurance company.


The main takeaway from this post is simple: facing a grievous injury is horrible, and you deserve help to get fair compensation for what happened. Reach out today to learn more about how we can help you get what you deserve.

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