Serious accidents can leave victims with devastating injuries and permanent loss, which can lead to out-of-pocket expenses that aren’t possible for victims to pay. However, when it comes to pursuing compensation and justice for injuries in the State of Florida, what you may be entitled to will depend on whether or not you meet the serious injury threshold.
If you’ve been injured in a car accident or through someone else’s negligence and want to know what compensation may be available, get in touch with us here at The Law Place. We can help you to understand your options and advise you about whether or not your injuries meet the serious injury threshold.
Depending on your case, we can also help you to pursue compensation for economic damages such as medical expenses and lost income in addition to non-economic damages such as pain and suffering for any mental anguish or trauma caused by your accident.
We’re currently offering a free consultation to all of our clients. So, call our office today to book your free case evaluation on (941) 444-4444.
The Serious Injury Threshold in Florida
In order to have a viable personal injury case in Florida, you will need to prove that you sustained a serious injury that meets certain criteria. These criteria are often referred to as the ‘serious injury threshold’ or the ‘tort threshold.’
According to Florida Statute 627.737, a serious bodily injury is one that causes:
- Significant and permanent loss of an important bodily function.
- Permanent injuries.
- Significant and permanent scarring or disfigurement.
- Death.
- A reasonable degree of medical probability of death.
What If My Injuries Do Not Meet the Serious Injury Threshold?
If your injuries are not severe and do not qualify for the tort threshold, you’ll be able to use your own insurance to recover initial damages through Florida’s no-fault system.
According to Florida Statute 672.7407, Florida’s no-fault law means that every driver in the state is legally required to possess a minimum cover of $10,000 in Personal Injury Protection insurance. This is designed to cover damages for individuals who get into more minor accidents regardless of whether or not they were at fault.
Some drivers choose to take out a more extensive cover. However, with the legal minimum Personal Injury Protection insurance, you can recover:
- 80% of medical bills capped at $8,000.
- 60% of lost wages.
- $5,000 in death benefits, such as funeral expenses and burial costs if the policyholder is a victim of wrongful death.
- Up to $2,500 for more minor injuries.
We’re here to serve you. Our phones are open 24 hours a day. What Compensation Could I Get for a Serious or Permanent Injury?
If your injuries meet or surpass the serious injury threshold, your case will fall outside of the no-fault system. This means that in addition to economic damages such as medical bills, you’ll also be able to receive non-economic damages.
By making a claim or suing the individual at fault for your accident, you could recover damages such as:
- Medical bills for immediate medical care such as short-term hospital stays following your accident.
- Longer-term medical expenses, such as ongoing check-ups, medication, rehabilitation, and physiotherapy services, as well as operations and general medical care.
- Pain and suffering damages such as mental anguish and emotional trauma caused by accidents, such as post-traumatic stress disorder.
- Loss of consortium for partners of accident victims whose physical or romantic relationship has been negatively affected by injuries or disability.
We’re Florida’s top litigation team with over 75 years of combined experience Proving a Serious Injury in Florida
If you have suffered a serious or permanent injury, you’ll need to work with an attorney to prove that your conditions have met the serious injury threshold. In order to do this, you’ll need to:
Get a Medical Opinion or Diagnosis
The main way that you’ll be able to prove serious injuries will be through a diagnosis or opinion from a medical professional. You should acquire this information both for physical injuries as well as any mental trauma.
The criteria for meeting the serious injury threshold are vague. It does not go into detail about specific types of injuries that may qualify and ones that do not. No two injuries are alike, and the same injury could have devastating consequences for one person but not another. Therefore, a medical diagnosis will be essential when it comes to demonstrating the extent of any damages as well as how your quality of life has been affected.
In addition, you’ll need to keep any medical records that detail your expenses in order for an appropriate total of compensatory damages to be calculated. This includes doctors’ reports, medical testing, X-rays, surgeries, and ongoing medication.
Visit a Medical Professional Within 14 Days
According to Florida Statute 627.736, if you intend to pursue compensation for a serious injury in the State of Florida, you will need to be seen by a medical professional within 14 days of your motor vehicle accident. This is because it could be argued that if you did not need to seek immediate or short-term medical treatment, your injuries were likely not severe enough to meet the serious injury threshold.
For this reason, you should always visit a hospital or make an appointment with a medical professional as soon as you are able after a car accident. Occasionally, injuries can take a few days to become apparent. They could also be masked by the adrenaline in your system or the fact that you may still be in shock. Therefore, it’s always a good idea to receive medical attention even if you feel well if you have been involved in a car accident.
Keep a Record of Your Injuries and Expenses
Whilst you will need a statement from a medical professional to confirm the severity of your injuries, you should always make sure to take further documentation into your own hands.
It may take a number of months or even years to reach a conclusion to your case. Therefore, you should take ongoing photos and videos of your injuries, particularly any physical damage such as bruising and scarring. These will be helpful when it comes to proving the severity of your injuries.
From the initial call to updates on your case status, we are here to get you answers. How Can a Personal Injury Lawyer Help Me?
In order to prove that you sustained a serious injury in a negligence case, you’ll need to work with an experienced personal injury attorney.
Communicating With Insurance Companies
Insurance companies can often make it difficult for you to claim compensation. They can use tactics to try to get you to downplay your injuries in order to claim that you do not meet the personal injury threshold.
Therefore, whether you are dealing with your own insurance company or the provider of the individual responsible for your accident, a personal injury attorney can handle all communications and negotiations. They can also complete all paperwork on your behalf.
Determining Fault and Proving Negligence
You may be able to prove that your injuries are severe enough to meet the injury threshold. However, you’ll need to prove that someone else was liable for your accident in order to pursue a claim or a lawsuit against them.
Your lawyer will need to prove that another individual owed you a duty of care, that they breached this duty of care, and that this negligence directly caused you to sustain damages.
Helping You Understand Your Legal Options
If you are looking to pursue compensation for damages and injuries, you’ll have the choice of filing a personal injury claim to achieve a settlement agreement with the at-fault party or filing a lawsuit to take your case to court. Both of these options have benefits and drawbacks, and the most suitable choice depends on exact case circumstances. So, you’ll need a reputable personal injury attorney to help you consider your options.
Filing a personal injury lawsuit can be incredibly expensive as it is a much more complex legal process that takes more time and work. In addition, an attorney will need to be able to represent you in court in order to prove that another individual’s negligence caused your injuries and build a legal defense against any liability claims directed at you. This means that they will also need to be trained in litigation. However, the amount of compensation you could receive is likely to be much higher in a lawsuit vs. a settlement.
Therefore, you should only work with law firms who work on a contingency fee basis (often called no-win, no-fee.) This will make sure you aren’t required to pay a fee unless your case is successful.
In addition, when trying to find personal injury lawyers, you should always look out for law firms who offer you a free consultation. This is a clear sign of a reputable firm that wants to make sure you find the right attorney for your case.
Recent Changes to Florida’s Personal Injury Laws
In 2023, significant changes were made to Florida’s personal injury laws. The statute of limitations for filing a personal injury lawsuit was reduced from four years to two years. This means you now have a shorter time frame to file your claim, making it essential to act quickly after an accident.
Additionally, Florida transitioned from a pure comparative negligence system to a modified comparative negligence system. Under the new law, if a plaintiff is found to be more than 50% at fault for their own injuries, they cannot recover any damages. This change highlights the importance of having a knowledgeable attorney who can effectively argue the specifics of your case and ensure you are not unfairly blamed for the accident.
These changes have made it more challenging to pursue personal injury claims in Florida, but The Law Place is here to help you navigate these complexities and fight for the compensation you deserve.
Why You Should Choose The Law Place
Choosing the right legal representation is crucial when dealing with serious injuries from a car accident. The Law Place stands out as a premier choice for several compelling reasons:
- Experienced and Knowledgeable Attorneys – At The Law Place, our team of attorneys has extensive experience handling serious car accident injuries, including spinal cord injuries, traumatic brain injuries, and other severe injuries. With years of practice, they have successfully represented numerous car accident victims, ensuring they receive the compensation they deserve.
- Comprehensive Legal Support – We provide comprehensive legal support, guiding you through every step of the legal process. From the moment you contact us, our attorneys will take the time to understand the specifics of your case, gather crucial evidence, and develop a strong legal strategy. We handle all communications with insurance companies, medical providers, and other parties involved, allowing you to focus on your recovery.
- Personalized Attention and Compassionate Care – At The Law Place, we understand the physical and emotional toll that serious injuries can take on you and your family. We offer personalized attention, treating each client with the care and respect they deserve. Our attorneys are accessible and responsive, keeping you informed about your case’s progress and answering any questions you may have.
- Proven Track Record of Success – Our firm has a proven track record of securing favorable outcomes for our clients. We have successfully recovered substantial settlements and verdicts in serious car accident cases, ensuring that our clients receive fair compensation for their medical expenses, lost wages, pain and suffering damages, and other related costs.
- No Win, No Fee Guarantee – We operate on a contingency fee basis, meaning you don’t pay any legal fees unless we win your case. This ensures that you can pursue your claim without worrying about upfront legal costs. Our goal is to make high-quality legal representation accessible to everyone, regardless of their financial situation.
- Free Legal Consultation – We offer a free legal consultation to evaluate your case and discuss your options. During this consultation, our attorneys will listen to your story, assess the merits of your claim, and provide honest and straightforward advice on the best course of action. This initial consultation is an opportunity for you to get to know us and for us to understand how we can best assist you.
- Focus on Maximum Compensation – Our primary focus is to secure the maximum compensation possible for your injuries. We thoroughly investigate every aspect of your case, calculate all potential damages, including future medical care and loss of earning capacity, and aggressively negotiate with the insurance company to ensure you receive a fair settlement. If necessary, we are prepared to take your case to court to fight for your rights.
- Client-Centered Approach – We prioritize our clients’ needs and well-being above all else. Our client-centered approach means that we tailor our services to meet your specific needs and goals. We work tirelessly to alleviate the stress and burden of the legal process, providing you with the support and advocacy you need during this challenging time.
- In-Depth Knowledge of Florida Law – The Law Place’s attorneys have an in-depth understanding of Florida law, particularly in personal injury and car accident cases. This local knowledge allows us to navigate the complexities of Florida’s legal system effectively and leverage our understanding of state-specific regulations to benefit your case.
By choosing The Law Place, you are selecting a dedicated team of attorneys committed to fighting for your rights and ensuring you receive the compensation you deserve. Contact us today for your free legal consultation and take the first step towards securing justice and recovery.
What Is Considered a Serious Injury in a Car Accident in Florida? FAQ
What are serious injuries in car accidents?
Serious injuries in a car accident refer to physical harm that significantly impacts a person’s health and well-being, often requiring extensive medical treatment and rehabilitation. These injuries can have long-term or permanent effects on the victim’s life.
What are some examples of serious auto accident injuries?
Examples of serious car accident injuries include spinal cord injuries, traumatic brain injuries, severe fractures, internal organ damage, and significant burns. These injuries often result in long-term medical care and substantial pain and suffering.
What constitutes severe car accident injuries under Florida law?
Under Florida law, severe car accident injuries are those that cause permanent disability, significant disfigurement, or chronic pain. These injuries usually lead to substantial medical expenses, loss of income, and long-term rehabilitation.
How do traumatic brain injuries affect car accident victims?
Traumatic brain injuries (TBIs) can range from mild concussions to severe brain damage. Car accident victims with TBIs may experience cognitive impairments, memory loss, emotional instability, and physical disabilities that require ongoing medical attention.
What are the implications of spinal cord injuries from auto accidents?
Spinal cord injuries can result in partial or complete paralysis, loss of sensation, and other significant impairments. These injuries often necessitate lifelong medical care, physical therapy, and adaptive equipment to help the victim manage their daily life.
Why is it important to seek medical attention after a car accident?
Seeking medical attention immediately after a car accident is crucial to diagnose and treat any injuries, even if they seem minor initially. Prompt medical care can prevent complications and provide documentation necessary for legal and insurance claims.
Can car accident victims recover compensation for serious injuries?
Yes, car accident victims can recover compensation for serious injuries, including medical expenses, lost wages, and pain and suffering damages. This compensation aims to cover the costs of treatment and the impact of the injuries on the victim’s life.
What are common car accident injuries besides serious ones?
Common car accident injuries include soft tissue injuries, such as sprains and strains, whiplash, and minor cuts and bruises. While these may not be classified as serious, they still require appropriate medical attention and can affect the victim’s daily activities.
How can a knowledgeable car accident attorney help with severe injuries?
A knowledgeable car accident attorney can help victims of severe injuries by gathering evidence, negotiating with insurance companies, and representing them in court if necessary. An attorney ensures that victims receive fair compensation for their injuries and related expenses.
What role does pain and suffering damages play in compensation for serious injuries?
Pain and suffering damages compensate victims for the physical pain and emotional distress caused by their injuries. These damages are a critical component of the overall compensation, reflecting the non-economic impact of the injuries on the victim’s life.
Contact The Law Place – Personal Injury Lawyers
For legal advice contact The Law Place. Our team of personal injury attorneys is waiting to support you through this difficult time by taking on the stress of all legal matters and helping you to achieve the level of compensation you deserve. We work on a no-win-no-fee basis, so you can be confident we’re working day and night to achieve the best possible case outcome for you.
Book your free consultation and free case evaluation today. Call our office on (941) 444-4444.
