Understanding Florida's Serious Injury Threshold
Michael Babboni
Law
If you have recently been involved in an accident, then you may be wondering how serious your injuries need to be before you can file an injury claim. Florida Statute 627.737 discusses the no-fault serious injury threshold within the state.This is the threshold that must be met if you have serious injuries. It includes the significant permanent loss of a bodily function or permanent injury diagnosed to a reasonable degree of medical probability. So before filing your personal injury claim, you should gain a greater understanding of Florida's serious injury threshold.
Defining The No-Fault Serious Injury Threshold
To meet the threshold, you need to have the criteria previously mentioned regarding your injuries. This is the only way you can file a claim for non-economic damages. It is going to be up to a jury to decide if you do qualify.
To reiterate, you must experience a significant permanent loss of a bodily function or suffer permanent injury to a reasonable degree of medical probability. If this is the case, your damages may possibly include your pain and suffering.
How Does It Work?
After you are in an auto accident in Florida, you typically go to your own insurance company first to file your claim and get the damages paid. If you were injured, you have to seek medical care immediately for your personal injury protection (PIP) benefits to start kicking in. Report all of your damages to the insurance company, and they will pay out a good portion of the medical bills and lost income up to the coverage limits placed on your policy.
When you reach the serious injury threshold, however, the no-fault limitations do not apply. In those cases, the rules of negligence and traditional tort laws are followed instead. This means you can sue the responsible party and claim non-economic damages. You will not be limited to economic damages and lost wages alone.
The Complexity Of No-Fault Laws
The no-fault laws in Florida are complicated, and many people will misunderstand the requirements as defined under Florida law 627.737. You should never make any assumptions regarding your personal injury case and how the law applies to your case. It is best to discuss everything with a qualified personal injury attorney.
Here are a few things you have to know about no-fault law and the limitations on PIP:
• You can purchase more than $10,000 in PIP coverage. This increases your benefits and policy limit.
• You can have economic damages that exceed $10,000 without meeting the criteria for a traditional tort claim.
• Meeting the qualifications for a serious injury threshold claim depends on individual circumstances. Each case is unique, and someone else's situation may not qualify while yours may.
• If you don't meet the threshold, you can ask the judge to make a decision 30 days before the trial or pre-trial. The judge may end up dismissing the case.
• You can work with medical professionals to present the proper evidence proving that you meet the criteria for the serious injury threshold.
• Under Florida PIP law, the victim cannot recover the deductible from a negligent driver.
Determining Serious Injury
If you fall under the category of serious injury, you need to be able to prove it. To do so, seek medical care at once and make sure you go to every scheduled appointment you have with your doctor.
To determine whether or not an injury is serious enough for the threshold, medical records and opinions will be reviewed. The doctor can testify as an expert on your condition and its severity. However, you should still have an experienced and trusted attorney on your side to help you navigate the entire process.