Can I File a Personal Injury Claim if the Accident Was Minor but the Injuries Were Serious?
It is not uncommon for someone to be involved in a seemingly minor accident, only for them to experience serious pain and other serious symptoms days or even weeks later. Often, when people experience this, they assume that they don’t have a valid personal injury claim. However, the truth is that in Florida, the extent of vehicle damage does not dictate whether you can file a personal injury claim. What matters is whether you suffered an injury that meets the “serious injury threshold” due to another part’s negligence. Keep reading to learn more!
Minor Accidents Can Cause Serious Injuries
Just because a car did not suffer much damage on the outside does not mean the vehicle occupants could not have sustained serious injuries. Today’s vehicles are built to absorb impact, meaning they might not show much damage after a collision even if the occupants felt a lot of force. Low impact collisions can cause several serious injuries including:
- Soft tissue injuries such as whiplash
- Shoulder injuries
- Knee injuries
- Concussions and other mild traumatic brain injuries
- Back injuries
Sometimes, these injuries don’t show up immediately after an accident. After a car crash, adrenaline can mask pain to help you focus on the immediate threat rather than your injuries. This can cause you to feel “fine” immediately, even with severe injuries.
Florida’s No-Fault Rules
Florida follows the no-fault insurance system. After a car accident, your own Personal Injury Protection (PIP) insurance will cover part of your medical bill and lost wages, regardless of fault. However, a vital thing to keep in mind is that PIP benefits have limits. Apart from not covering your full medical expenses and lost wages, PIP does not cover pain and suffering and other non-economic damages. Luckily, if your injuries meet the “serious injury threshold,” you can step outside the no-fault system and file a claim against the at-fault driver.
Florida’s Serious Injury Threshold
Under Florida Statutes section 627.737, an injury may qualify as “serious” if it results in:
- A significant and lasting loss of a key bodily function
- A lasting injury within a reasonable degree of medical probability
- Significant and lasting scars or disfigurement
- Death
If a medical professional determines that your injury is permanent or has lasting consequences, you may be eligible to file a personal injury claim against the at-fault party, even if the accident itself seemed minor.
Challenges You Might Face
However, while you can file a personal injury claim even if the accident seemed minor, the at-fault driver’s insurance company might push back against your claim. They might argue that your accident was “too small” to cause serious injuries or point to minimal vehicle damage as evidence that you must be exaggerating your injuries.
To protect your rights:
- Seek prompt medical attention
- Maintain consistent medical records linking your injury to the accident
- Hire an experienced Florida car accident attorney
However, even if you did not seek immediate medical attention, you may still have a valid claim. The key is proving the severity of your injury and that the accident in question caused it.
Contact Us for Legal Help
If you’re dealing with serious injuries after a seemingly minor accident, contact our Orlando car accident attorneys at The Pendas Law Firm for help protecting your rights.
The Pendas Law Firm also represents clients in the Miami, Tampa, Jacksonville, Ocala, Bradenton, Daytona Beach, West Palm Beach, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.