When Can You Pursue Bodily Injury Damages in Florida?
After a motor vehicle accident, many injured people assume they can immediately file a claim against the person responsible for their injuries. However, in Florida, things aren’t always that simple. The state’s no-fault insurance system requires drivers to first turn to their own insurance coverage for compensation for medical expenses and lost wages after an accident. In Florida, you can only pursue bodily injury (BI) damages from an at-fault driver in specific situations. Understanding when Florida law allows you to seek these damages is vital, as it can significantly impact your financial recovery after an accident.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you are looking for legal advice, please consult an attorney.
An Overview of Florida’s No-Fault Insurance Regulations
Florida is a no-fault state. Florida Statutes section 627.736 requires drivers to have Personal Injury Protection (PIP) insurance, which offers limited coverage after a motor vehicle accident, regardless of who is at fault. PIP generally covers:
- 80% of all necessary medical expenses
- 60% of lost wages
- Up to a specified limit, often $10,000
The no-fault system is meant to ensure injured individuals receive timely medical treatment without having to wait for fault determination. However, PIP benefits are limited and don’t compensate victims for pain and suffering or other non-economic damages.
Under this system, you are only allowed to pursue a personal injury claim for bodily injury damages if your injuries meet certain conditions.
The “Serious Injury” Threshold
Florida law allows accident victims to pursue bodily injury damages against a negligent driver only if their injuries meet what is referred to as the “serious injury threshold. Under Florida Statutes section 627.737, you can seek bodily injury damages if your injury comprises in whole or in part:
- Long-lasting loss of an important bodily function
- Long-lasting injury that is medically probable
- Significant and long-lasting scarring or disfigurement
Some examples of injuries that usually meet this threshold include:
- Spinal cord injuries resulting in paralysis
- Traumatic brain injuries
- Severe burns with permanent effects
- Amputations
- Long-term nerve damage
How To File a Bodily Injury Claim in Florida
If your injury meets the serious injury threshold, you may file a bodily injury claim against the at-fault driver. While every case is different, the process of filing such a claim generally involves the following steps:
- Consulting an attorney for a case assessment and help ensuring you meet all legal requirements.
- Gathering medical evidence, such as medical records and expert testimony, to demonstrate your injury qualifies as serious under the law.
- Submitting the claim to the at-fault driver’s insurance company.
- Negotiating with the insurance company. Most claims are settled through negotiations.
- Litigation if a fair settlement is not reached.
Insurance companies often try to minimize or deny claims, so having a skilled attorney on your side can be crucial for ensuring a fair settlement.
Statute of Limitations for Personal Injury Claims
To file a bodily injury claim in Florida, you must meet the applicable statute of limitations, which is generally two years from the accident date. If you miss this deadline, you may lose your right to pursue compensation even if your injuries meet the threshold.
Contact an Orlando Accident Attorney
If you’ve been in a motor vehicle accident, contact our experienced Orlando car accident lawyers at Orlando Accident Attorneys today to discuss your injuries, understand your legal options, and learn whether you may pursue compensation beyond Florida’s PIP benefits.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html