How Do I Know if My Injury Is Serious Enough To File a Lawsuit in Florida?
If you get into a car accident in Florida, you might be surprised to find out you can’t just sue the driver who caused the crash. That’s because Florida follows a no-fault insurance system. Unless your injury meets the legal “serious injury threshold,” as defined under Florida law, you’re usually limited to what your own insurance pays.
It’s important to understand how these rules work, so you know when you can step outside your own insurance policy and seek more compensation. We explain this below, so read on!
Florida’s No-Fault Insurance System
Under Florida’s no-fault insurance system, every driver must carry Personal Injury Protection (PIP) insurance. After an accident, PIP covers part of your medical bills and lost wages, and since it’s a no-fault type of insurance, it doesn’t matter who caused the accident.
However, in exchange for this coverage, you usually can’t sue the other driver for things like pain and suffering unless your injury is considered serious under the law.
The Serious Injury Threshold
So, what counts as a “serious” injury in Florida? Florida Statutes section 627.737 requires your injury to meet at least one of these standards to be considered serious:
- Significant and permanent loss of an important bodily function
- Permanent injury, determined with a reasonable degree of medical certainty
- Significant and permanent scarring or disfigurement
- Death
Permanent Injury Is Often the Key Factor
In many cases, the most important question is whether your injury is permanent. Your doctor needs to state, based on reasonable medical judgment, that your condition probably won’t heal completely. This doesn’t have to mean you’re completely disabled. Chronic pain, nerve damage, reduced mobility, or lasting physical problems can all qualify you to file a lawsuit if they limit you long-term.
Loss of Bodily Function
An injury might also qualify if it leaves you with a major, lasting loss of function. This could involve trouble walking, lifting, using an arm or leg, or other issues that affect your daily life.
Scarring and Disfigurement
Permanent scars or disfigurements can also allow you to file a personal injury lawsuit. If your injury leaves a visible, permanent mark or significantly changes your appearance, it may meet the threshold.
The Importance of Medical Evidence
Whether your injury qualifies as serious depends on medical documentation. Imaging tests, specialist evaluations, treatment records, and physician opinions can all help establish whether your injury is serious. Without strong evidence, insurance companies often argue that your injury doesn’t meet the standard, regardless of your pain.
To sum up, Florida’s no-fault setup means you can’t automatically sue the other driver after every accident. Your injury must meet the serious injury threshold, which usually involves permanent harm, significant impairment, lasting scars, or death. Not sure whether your injury qualifies? Seeking legal advice early can make a big difference and help you protect your rights.
Contact Us for Legal Help
If you were hurt in a Florida car accident and aren’t sure if your injury meets the serious injury threshold, contact an experienced Fort Lauderdale personal injury attorney at The Pendas Law Firm. We can review your case, explain your legal options, and help you pursue the full compensation you may be entitled to.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Miami, Tampa, Jacksonville, Daytona Beach, West Palm Beach, Bradenton, Fort Myers, Naples, and Melbourne areas.