Florida Personal Injury Lawyer Blog
Naples Car Accident Claims and the Permanent Injury Threshold
If you are considering filing a Naples car accident claim for injury damages, it’s important to understand Florida’s permanent injury threshold.
Essentially, because Florida (for the foreseeable future) is a no-fault state when it comes to car accident injury claims, most registered vehicles must be covered by personal injury protection (PIP) insurance. This pays the insured up to $10,000 for medical bills and lost wages – regardless of who caused the crash. The only way most people injured in a crash can step outside of that no-fault system and successfully sue a negligent driver for non-economic damages like pain, suffering, mental anguish, and inconvenience is to establish injury in accordance with Florida’s serious injury threshold.
As our Southwest Florida car accident lawyers can explain, the serious injury threshold is set forth in F.S. 627.737(2) and requires proof that the crash caused:
- 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.
These injuries must be directly related to the crash caused by the defendant.
The kinds of injuries that generally meet the criteria will be things like broken bones, traumatic brain injuries, internal organ damage, significant facial fractures and scarring, spinal cord injuries, and death. However, this is not an exhaustive list, and the insurance company does not have the final word on what is “significant” or “permanent.” Their goal is always going to be to minimize your damages and mitigate their own liability. You should always consult with an experienced injury attorney before agreeing to any insurance adjuster payout. Continue reading
You’re going about a regular day when suddenly you’re blindsided in a Florida car accident. Traumatic and jarring, the experience may leave you bewildered about what to do next. Often, one of the first questions is, “Do I really need a lawyer?”
