Naples car accident

Naples car accident lawyer 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

Naples injury attorney

Florida law requires that police be called when a motor vehicle crash occurs. The investigating officer will arrive and be tasked with documenting the scene, interviewing witnesses and preparing a crash report.

At the same time, the Fifth Amendment to the U.S. Constitution guarantees those accused of crimes the right to refuse to answer questions that could be used against them in a criminal proceeding. To prevent a possible constitutional violation, Florida law has carved out something called accident report privilege (which is not exactly a privilege, but more on that later). Basically, statements made to an investigating officer for purposes of completing the crash report can’t be used in criminal proceedings OR a civil injury lawsuit.

As a Naples injury attorney can explain, there are a lot of different reasons for this protection – constitutional and otherwise. But it’s important to note because it could have a negative (or positive) impact on your ability to recover damages from the at-fault driver. The good news is that if you work with an experienced attorney, he or she can usually obtain that same information elsewhere – especially when the details can still be gleaned during the discovery process. Continue reading

Articles Tagged with Naples car accident

Naples Car Accident Claims and the Permanent Injury Threshold

Naples Injury Attorney Explains Accident Report Privilege in Florida Crash Cases