What If My Florida Car Accident Injury Gets Worse Over Time?
If you were involved in a Florida car accident, you might believe you are lucky to walk away with only some minor aches and pains. In such a case, you may file your Personal Injury Protection (PIP) claim with your insurance company and move on with life. But what happens if weeks or months later, you begin to experience new pain or complications? What if your injuries later turn out to be more serious than you initially thought? If you find yourself in this situation, don’t panic. You still have legal rights.
How Does Florida’s PIP System Work?
Florida is one of the states that operates under the no-fault auto insurance system. This means that after you get into an accident, you need to turn to your insurance company and file a PIP claim, regardless of who caused the accident. According to Florida Statutes section 627.736, PIP insurance can cover up to $10,000 in medical and disability benefits and $5,000 in death benefits if the insured dies as a result of the accident.
However, PIP is only designed for minor injuries. Severe injuries usually result in substantial medical expenses. Many times, severe injuries required ongoing medical care. Additionally, PIP only covers a portion of your lost wages and does not cover the non-economic damages, such as pain and suffering, that come with severe injuries. So, if your injury worsens, PIP benefits may be insufficient.
What To Do When You Realize Your Injury Is More Severe Than You Thought?
It is common for car accident injuries to develop over time. Examples of such injuries include whiplash, spinal injuries, and head or brain injuries. When you realize that what you thought was a minor injury has turned into something serious;
- Go back to your doctor right away and explain your new symptoms. Ensure you explain that they are connected to the previous car accident.
- Update your medical records. This is necessary for linking your worsening condition to the accident. Updated medical documentation is vital for showing that this is not a new problem, but rather a “continuation” of the previous problem.
- Inform your attorney (if you have one) and insurance company that your injury has worsened.
Can You File a Personal Injury Claim?
Yes, if you suffered a serious injury because of the negligence of another driver, you can file a personal injury claim. According to Florida Statutes section 627.737, a serious injury is one that results in;
- Significant and permanent loss of a key body function
- Permanent injury
- Significant and permanent scarring or disfigurement
A personal injury claim can enable you to recover compensation for medical expenses, pain and suffering, lost wages, lost future earnings, and many other damages. Even if you have already accepted a PIP settlement, you can file a personal injury claim.
A qualified Florida personal injury attorney can help gather evidence to prove your personal injury claim. Evidence you may need includes;
- Accident reports
- Expert opinions
- Updated medical records showing your injury’s progression
- Proof of ongoing losses or costs, such as lost wages
Contact Us for Legal Help
If your injury has worsened after a Florida car accident, contact our Fort Lauderdale car accident attorneys at The Pendas Law Firm for help protecting your rights.
The Pendas Law Firm also represents clients in the Fort Myers, Ocala, Orlando, Tampa, Jacksonville, Bradenton, Miami, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html