Florida Personal Injury Lawyer Blog
5 Must-Know Facts About Florida Personal Injury Law
The first introduction many people have to Florida personal injury law is when they find themselves injured and in need of an attorney or being sued. Especially for an injured party emerging from the traumatic fog of that experience and still healing, it can feel overwhelming trying to follow along with the intricacies of the vocabulary, statutes, timelines, court procedures, etc.
Here, our Fort Myers personal injury lawyers offer up 6 facts about Florida personal injury law that we find are most relevant to the plaintiffs, who are our clients in these cases.
1. No-Fault Laws Don’t Absolve Anyone From Liability in a Car Accident.
There’s a common misconception that Florida’s no-fault car insurance law, F.S. 627.736, means that there is no finding of fault in car accident cases. This is false. What is true is that with the personal injury protection (PIP) coverage that is required of all registered vehicles in Florida, up to $10,000 in damages can be paid to the policyholder for things like medical bills and lost wages – and this is paid regardless of fault. However, as you likely already know, $10,000 is nowhere near enough to cover one’s losses in a crash, especially if the injuries are serious.
According to the National Safety Council, the average economic cost of a disabling car accident in 2021 is $155,000. That includes wage and productivity losses, medical expenses, property damage, and uninsured costs for employers. The average cost of a fatal crash is $1.8 million. Even in cases where injury is “possible but not evident,” the cost was $24,000 – 150% more than what PIP covers.
Florida’s no-fault law just means you need to go to your PIP insurer first. If your injuries meet the “serious injury threshold,” you can step outside of that system and take legal action against the at-fault drivers.
