Florida has a no-fault system for car insurance. This means that all drivers are required to carry a special type of insurance called, personal injury protection, also known as PIP. If you are in an accident, this insurance will pay for your initial medical expenses and lost wages, regardless of who was at fault for the crash.
It is still possible to file a lawsuit against an at-fault driver in Florida. To do so, you will have to prove that you suffered a serious injury as defined by state insurance laws. This could include anything from a traumatic brain injury (TBI) to a spinal cord injury to broken bones.
Gould Cooksey Fennell advocates for car accident victims in the Treasure Coast region of Florida. We fight to get our clients maximum compensation for their injuries, including by proving that their injuries qualify as serious under Florida’s no-fault insurance rules. Contact our law offices today to schedule a free initial consultation with a Vero Beach car accident lawyer.
Why Does Your Injury Have to Be Serious to File an Injury Lawsuit in Florida?
Florida is one of about a dozen states that follow a no-fault model for car insurance. All drivers in Florida are required to buy two types of insurance in order to register their vehicle:
- At least $10,000 in personal injury protection (PIP)
- A minimum of $10,000 in property damage liability
Unlike states with fault-based systems, if you are in a car accident in Florida, your PIP benefits will kick in immediately, regardless of who was responsible for the crash. PIP coverage will pay 80% of reasonably incurred medical expenses and 60% of lost income related to the accident, up to policy limits. It also offers $5,000 in death benefits.
PIP benefits cover the policyholder, plus their children and members of their household. Passengers in the policyholder’s vehicle can also seek PIP benefits if they don’t have their own insurance. PIP also covers policyholders in situations where they are in an accident in someone else’s vehicle or hit by a car in another situation (such as a pedestrian accident or a bicycle accident).
There are some limits on no-fault insurance benefits. You can’t get pain and suffering, emotional distress, or other non-economic damages from your PIP policy. It also does not cover damage to your vehicle.
In addition, to potentially recover the full policy limits of PIP coverage, you must have an “emergency medical condition” from the accident. Broadly, a doctor or other healthcare provider must certify that you have an emergency medical condition that could result in complications without prompt medical treatment. If a healthcare provider does not make this determination, then you can only recover $2,500 in PIP benefits. You must also seek medical treatment within 14 days of the auto accident to make a claim for PIP coverage.
The no-fault system does have a lot of advantages. It can reduce litigation and make sure that an accident victim’s immediate medical expenses and lost wages are covered. It also provides benefits regardless of fault.
However, there are drawbacks to the no-fault system. Compensation through PIP policies is limited to a relatively low amount of medical expenses and lost wages. If you have more significant losses, including those related to psychological injuries like emotional trauma, you won’t be able to get money for that through your PIP coverage.
It is possible to step outside of the no-fault system and file a lawsuit against the at-fault driver in your accident. To do so, you must prove that you suffered a “serious injury” as defined by Florida law. If you have questions about your rights related to PIP benefits and filing a personal injury lawsuit, contact our law firm to schedule a free consultation with a Vero Beach car accident attorney.
What Is Considered a Serious Injury in Florida?
Under Florida’s no-fault insurance laws, minor injuries from car accidents are handled through each driver’s PIP policy. In other words, your own insurance will pay your medical bills and lost wages related to the accident, up to policy limits. If you have property damage, then you can file a claim with the at-fault driver’s insurance company.
It is possible to file a personal injury lawsuit against the other driver if you suffered a “serious injury.” In Florida, a serious injury is defined as an injury or illness that causes:
- Significant and permanent loss of an important bodily function.
- Permanent injury within a reasonable degree of medical probability.
- Significant and permanent scarring or disfigurement.
- Death.
If your injury is considered serious under this definition, then you can go beyond no-fault insurance benefits and file a lawsuit to recover financial compensation for all of your losses. This may include money for all of your medical bills and lost wages, plus money for future medical treatment, reduced earning capacity, property damage, pain and suffering, reduced quality of life, emotional distress, scarring, and disfigurement. In some cases, you might even be able to seek punitive damages from a driver who acted intentionally or recklessly.
So what exactly qualifies as a serious injury? While insurance companies will argue that many or most car accident injuries aren’t serious, the reality is that the definition is fairly broad. Some common examples of serious injuries include:
- Traumatic brain injury (TBI)
- Concussions and head trauma
- Spinal cord injuries
- Nerve damage
- Paralysis
- Broken bones and fractures, particularly if they require surgery or lead to permanent disability or mobility restrictions
- Severe burns
- Scarring
- Loss of limb or amputation
- Internal organ damage that requires surgery and/or leads to long-term health complications
- Loss of vision or hearing
- Facial injuries that alter a person’s appearance
- Chronic pain that impacts a person’s quality of life
There is a wide range of potential injuries that may be considered serious, allowing a car accident victim to pursue a personal injury lawsuit. The key in Florida car accident cases is proving that an injury is serious.
Insurance companies are in business to make money. One of the ways that insurers earn profits is by paying out as little as possible on claims. For car accident cases, this means arguing that a person’s injury isn’t serious, which would limit them to PIP benefits and eliminate their ability to file a lawsuit against the other driver.
As Vero Beach personal injury attorneys, our job is to advocate for your interests. This includes proving that your injury is serious so that you can seek compensation beyond PIP coverage. Our team will thoroughly investigate the facts of your case to prove that the other driver was responsible for the accident and that your injury was serious.
We will interview witnesses, review photos and videos of the accident scene, and seek out police reports to prove fault. On the medical side, we will request and analyze medical records, including diagnostic tests and treatment plans, to prove the extent of your injuries. We will also work with experts, such as physicians and surgeons, who can testify about the long-term impact of your injuries.
In addition, we will talk to your friends, family members, and co-workers about how your injuries have affected your life. For example, if you suffered a herniated disc in your lower back, your spouse might write a letter explaining how you are unable to do chores around the house and how you are in constant pain. Co-workers or supervisors can discuss the restrictions on your ability to work, such as not being able to sit or stand for longer periods of time or to lift heavy objects.
This type of evidence can be used to prove that your injury is serious. If the insurance company disputes the severity of your injuries, our law firm will take your case to trial. We will introduce evidence and make arguments before asking a jury to determine that your injury qualifies as serious under Florida law.
Most people don’t necessarily know if their injury is considered serious under Florida law. Insurance adjusters may even lie to you or mislead you, telling you that you are only entitled to PIP benefits. You shouldn’t take the insurance company’s word for it, because their interests are directly opposed to your own.
Instead, you should schedule a free initial consultation with a Vero Beach car accident attorney. Serious injury cases are complex, and it can be difficult to determine what your rights are without the advice of a lawyer. Our team will listen to your story and offer you insight about your rights and options for pursuing a legal claim.
At Gould Cooksey Fennell, we have extensive experience handling car accident cases throughout the Treasure Coast region. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. We can help you determine if your case qualifies as a serious injury claim and will fight to get you the compensation that you deserve.
Florida’s serious injury threshold is a hurdle that you must overcome in order to file a personal injury lawsuit and recover full compensation for your injuries. If your car accident injuries have caused a permanent impairment, loss of bodily function, disfigurement, or death, it does qualify as a serious injury. Our law firm can help you prove that your injury is serious and fight to get you maximum compensation for your losses.
Hurt in an Accident? Give Us a Call.
If you have been hurt in a car accident, your PIP benefits will provide coverage for your medical bills and lost wages. If your injury is more than minor, then you might be able to file a lawsuit against the at-fault driver. Our law firm can help you determine your rights and will advocate for your best interests.
Gould Cooksey Fennell represents clients throughout the greater Treasure Coast area who have been hurt in all types of accidents, including car crashes. We will thoroughly evaluate your car accident case to determine if your injuries qualify as serious under Florida law. To learn more or to schedule a free initial consultation with a Vero Beach car accident lawyer, give us a call at 772-742-4912 or fill out our online contact form.
