Florida is a no-fault insurance state, which means drivers must carry Personal Injury Protection (PIP) coverage to pay for their accident-related medical expenses, regardless of who was at fault in the accident. This no-fault system also restricts an injured party’s right to sue for pain and suffering. Injured victims can only sue the at-fault party for non-economic damages under certain circumstances, such as death, permanent injury, and serious disfigurement.
Receiving damages in Florida
The first step after an accident is to see a doctor within 14 days in order to be eligible for any PIP coverage, which is carried on your auto insurance policy. If you don’t have car insurance and live with a family member who does, their insurance will be used. PIP covers up to 80% of all necessary and reasonable medical expenses up to $10,000 resulting from a covered injury, regardless of who caused the crash. If a person’s injuries cause the person a loss in wages, PIP can cover up to 60% of these lost wages, up to the $10,000 limit.
If your injuries and lost wages significantly exceed what PIP covers, your own health insurance should follow. In addition, you may pursue a personal injury claim to cover the remaining portion of your expenses and losses. These expenses may include:
- Medical expenses, current and future
- Mental health expenses, current and future
- Lost wages and future lost earnings
- Property damage
- Other expenses caused by the accident, such as necessary changes to your home to accommodate your injuries
Receiving pain and suffering compensation
There is no threshold for economic damages in Florida. This means that your medical bills, lost wages, costs to replace a car or renovate your home to accommodate your injuries (such as adding a ramp) can be fully compensated in a lawsuit.
However, non-economic damages, such as pain and suffering, are different. Florida Statutes 627.737(2) states:
a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:
- a) Significant and permanent loss of an important bodily function
- b) Permanent injury within a reasonable degree of medical probability, other
than scarring or disfigurement
- c) Significant and permanent scarring or disfigurement
- d) Death
Under any of these circumstances, you are able to sue for non-economic damages; however, you will need significant evidence and an experienced personal injury attorney to support you. The statute allows the defendant to petition for dismissal, so unless you can show the judge strong evidence before the trial begins that you have sustained life-altering and long-term injuries, he or she could dismiss your suit.
In order to prove your case, you will need to show medical records, statements from your doctors, and testimony from medical experts. You should also include any other compelling evidence that can convince the judge or jury of the severity of your condition and the need for substantial financial compensation for your losses.
As experienced Florida personal injury lawyers, we know how to collect powerful evidence to maximize your settlement for your injuries. Every case we take on becomes personal to us, as if one of our own friends or loved ones had been injured. We are ready to go to court if necessary, and we have a track record of winning significant awards. Contact us today, 24/7, at (954) 448-7288 to schedule a free consultation to discuss your case.