Understanding Florida’s Serious Injury Threshold

Understanding Florida’s Serious Injury Threshold

Florida is a no-fault state meaning that if you are harmed in an injury accident like a Florida car accident, and you file a claim then your personal injury protection (PIP) coverage will cover your damages of medical expenses and lost wages up to a certain amount. This is true no matter if you caused the crash yourself or if another party caused it. But, if your injuries are so significant that you are permanently disabled or your damages exceed what your PIP coverage is, then you may be able to file a claim against another party whose negligence caused your injury accident to happen.

The personal injury claim system can be complicated and understanding what the rules are in the state your accident happened in can be confusing. To get the most from an injury claim and to ensure that the full amount of damages is covered working with an attorney can be advantageous. In Florida, the Tampa personal injury attorneys at Fulgencio Law know Florida’s fault system and how to obtain the most financial compensation from a claim.

Legal Remedies Outside of Florida’s No-Fault System

Understanding Florida's Serious Injury ThresholdWhen an injury accident happens, the damages that are suffered by a victim can be economic like medical expenses or property damages. Then, there are situations where an injury accident is so catastrophic that serious harm is suffered and along with that physical bodily harm there are other forms of damages that are considered non-economic. These would be mental distress and pain and suffering, for example. 

Due to Florida’s no-fault rules, it is critical that in most cases, a victim establish any of the following if they would like to be compensated for these losses by another party:

  • Serious, complete, and permanent loss of bodily function.
  • Injuries are permanent and lifelong.
  • Extensive scarring and mutilation of the body have transpired.
  • Death.

Some examples of injuries that meet Florida’s serious injury threshold include, but are not limited to:

  • Broken bones
  • Traumatic brain injuries
  • Amputations
  • Paralysis
  • Disfigurement
  • Death

It is a good idea to meet with an attorney that understands the laws and can inform you of your rights before you discuss your claim with an insurance adjuster. The goal of an adjuster is to avoid paying victims or to pay them much less than what they need for their damages. An attorney will be able to assess a fair value for a claim by investigating the incident and collecting evidence to support a settlement amount. Additionally, an attorney will know how to fight to keep the insurance company accountable to victims for payment.

Speak with a Florida Personal Injury Attorney Today

You may qualify to file a suit against another party after an unintentional injury accident in Florida. In addition to being able to file a suit, you may also be entitled to a large settlement if your injuries are severe. To learn more about what you can do to obtain compensation for your losses, you can call the Tampa personal injury lawyers at Fulgencio Law to schedule a free consultation at (813) 463-0123. 

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