If you’ve been in a serious car accident, you may find that your insurance is not enough to cover all of the losses you’ve incurred. The good news is that Florida allows car accident victims to file claims against the drivers responsible for causing them serious injury. What is Florida’s serious injury threshold for suing after a crash? Let’s find out.
Florida’s No-Fault Insurance System
Florida has a no-fault insurance system in place, requiring drivers to pay for their medical expenses and lost income following accidents using their own personal injury protection (PIP) insurance. Unfortunately, that insurance isn’t always enough to cover their losses. In cases where serious injuries have occurred, the Sunshine State allows accident victims to recover additional compensation from the liable driver. Similar compensation considerations may arise in Medical Malpractice, Medication Error, and Workers’ Compensation cases.
How PIP Coverage Works
Florida requires drivers to carry at least $10,000 in PIP coverage. This coverage is intended to pay for up to 80% of medical bills from treating your injury. PIP insurance applies no matter who caused the crash.
To be eligible to receive payment through PIP coverage, you must seek medical treatment within 14 days of the crash. Your own insurer then pays for a portion of your medical care up to your policy limit.
Unfortunately, PIP insurance doesn’t cover all of an accident victim’s medical bills, and it never covers non-economic losses. If you were seriously injured in the crash, you may be able to supplement your recovery through a personal injury claim. However, you’ll need to meet the serious injury threshold to move forward with a legal claim.
What Is a Serious Injury?
Any injury can feel serious after a car accident, but Florida defines serious injuries very clearly in Florida Statutes 627.737. A serious injury is one that causes:
- Significant permanent loss of an essential bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
If your injury does not fall under one of these categories, you may not be able to recover compensation for pain and suffering and other non-economic damages not paid for by PIP insurance. In cases involving a fatal injury, Wrongful Death laws may provide surviving family members with additional avenues for compensation.
Damages Available in a Car Accident Case
Under Florida car accident laws, you can recover three types of damages in a car accident claim:
- Economic damages. Economic damages are those that are easily quantifiable, such as hospital bills and lost wages. Property damage also falls under this category.
- Non-economic damages. Non-economic damages are more subjective. They include things like pain and suffering and emotional distress.
- Punitive damages. Courts may award punitive damages to accident victims in some cases. These damages are intended not to be compensatory but to punish people who cause accidents through intentional actions or egregious recklessness.
Your car accident attorney can help you identify all of the damages to which you may be entitled so that you can recover full compensation for your injuries and other losses.
How Common Are Serious Car Accident Injuries?
There were 207,675 car accidents in Florida in 2024. They caused 133,929 injuries and 1,511 fatalities. That same year, injuries from motor vehicle crashes caused 47.8 hospitalizations per 100,000 people. That amounts to many crashes in which accident victims were eligible to receive compensation from liable drivers under Florida car accident laws, including Distracted Driving Accident, Drunk Driving Accident, Elderly Driver Car Accident, and Leaving the Scene of an Accident claims.
How a Car Accident Attorney Can Help
If you’ve been seriously injured in a car accident, don’t try to take on the liable party’s insurance company without representation. Having a dedicated attorney on your side can make a large difference in negotiations.
Car accident lawyers know how to handle all aspects of these claims, from the initial filing to gathering evidence and negotiating a fair settlement with insurance companies. If the insurance company is unwilling to provide you with a fair settlement offer, your attorney can also represent you in court should further legal action be required. This includes helping you pursue an Insurance Claim and seeking the compensation available under Florida law.
FAQs
What Is Considered a Serious Injury in a Car Accident in Florida?
A serious injury in a car accident in Florida is one that causes severe pain, lasting damage, long-term disability, or visible disfigurement. These can include TBIs, severe burns, spinal cord damage, and significant fractures, among other injuries. The severity of your injury could impact the amount of your final settlement in a car accident claim.
What Is the Average Settlement for a Car Accident in Florida?
There is no average settlement for a car accident in Florida. Every motor vehicle crash is different, as are the injuries that result from these accidents. As a result, so is every settlement. Your settlement could be affected by factors such as the severity of your injuries, how long it takes you to heal from them, whether you missed work as a result of your injuries, and whether you held any of the fault for the accident.
How Much Is a Fair Settlement for Pain and Suffering?
You can tell an insurance company is offering a fair settlement for pain and suffering if it covers 100% of your damages from the accident. You should never accept a settlement without consulting an attorney first. Insurance companies rarely make fair settlement offers to accident victims they know don’t have lawyers. Getting a fair settlement requires negotiation.
What Is the Hardest Injury to Prove After a Car Accident?
The hardest injuries to prove after a car accident are invisible injuries. These include psychological injuries like PTSD, but also mild brain injuries, soft tissue damage, and chronic pain syndromes. There are no objective diagnostic tests that show the presence of these issues, and the symptoms often don’t appear for days or weeks following a crash.
Hire a Trusted Car Accident Lawyer
If you’ve been seriously injured in a motor vehicle crash, don’t wait to hire a car accident lawyer. Having an attorney on your side from the beginning can help you avoid common mistakes and get a fair settlement.
You can contact The Caldarone Law Group, P.A., to schedule an appointment today. Justin P. Caldarone, our lead attorney, has over 10 years of experience and a reputation for providing robust, client-centered representation. You can trust us with your serious injury claim.
