What are Serious Injuries Under Florida’s No-Fault Insurance System?

When you file a personal injury claim against another party or entity whose negligence was what caused your injuries, you will be doing so to recover financial compensation to cover the losses you sustained. After an injury accident, it is common for victims to suffer losses such as the cost of medical bills, potential earnings when they are unable to work, property damage repair bills, property loss, and more. In addition to the tangible losses that an injury accident victim suffers, they are likely also to have endured some amount of pain and suffering from their injury accident. Pain and suffering are noneconomic damages and can be compensable in a claim. 

Since pain and suffering do not come with a concrete bill or price tag, it can be difficult to determine what an accurate amount would be. However, an attorney with experience handling personal injury claims will be able to evaluate pain and suffering damages fairly. Looking at all factors such as physical pain, anguish, discomfort, emotional trauma, and the inconvenience that the injury caused can be used to calculate what pain and suffering damages could be.

The Tampa personal injury attorneys at Fulgencio Law understand what it takes to obtain compensation for pain and suffering damages. If you were injured in an accident in Florida, the personal injury attorneys at Fulgencio Law can assess your case and help you recoup all of your damages, including your pain and suffering damages.

How to Obtain Pain and Suffering Damages in Florida

Due to Florida’s no-fault insurance system, serious injuries must be suffered in order for a claimant to be able to file a claim that includes pain and suffering. Under Florida’s system, when an injury accident happens, a claimant will use their own insurance to obtain compensation. Their insurance can help with medical expenses and missed wages but not pain and suffering. However, when serious injuries are suffered, it will then be possible to file a claim against any other party who caused the accident. In this claim, pain and suffering can be included.

Serious injuries are defined as any of the following:

• Permanent or significant loss of the body’s normal and regular function
• Permanent injuries or injuries that reasonably will result in permanent impairment
• Disfigurement or extensive scarring
• Death
• Endangerment of life

A claimant must collect evidence to prove pain and suffering damages. Some of the most persuasive types of evidence include medical records, medical bills, expert medical witnesses, eyewitness statements, photos, videos, and personal journals. 

There are no limits on the amount a claimant can obtain for their economic damages, and the same is true for noneconomic damages like pain and suffering. This means that as long as a claimant can prove the amount they are demanding is accurate for their pain and suffering damages, then they are likely to be able to get the full amount of recompense for those demands.

Call Fulgencio Law Today

Not all injuries are considered serious enough to allow for pain and suffering damages. When injuries are severe, payment for pain and suffering may apply.

To learn more about the personal injury claims process, please call Fulgencio Law at (813) 463-0123 to schedule a free consultation.