Automotive accidents may be some of the most traumatic —and expensive— experiences you may ever face. When it comes to recovering damages for auto accidents, it might not be as straightforward as you might think. Florida is a no-fault state until you meet legal requirements.
Pursuing a claim for at-fault drivers
Below a certain value, the Sunshine State allows your Personal Injury Protection (PIP) to pay for initial medical bills and other damages. The state set PIP coverage at $10,000 minimum. To use your PIP, you must seek medical attention within 14 days of the accident. Furthermore, Florida caps PIP coverage at $10,000 for emergency medical conditions, but only $2,500 for non-emergency injuries.
Two criteria determine whether you can pursue a personal injury claim against an at-fault driver.
- Your injury is severe enough: Under Florida law, you may file a lawsuit if your injuries resulted in significant or permanent scarring, disfigurement or loss of bodily function. A victim may also sue for permanent injury.
- Courts find you to be 50% at fault or less: Florida utilizes a modified form of comparative negligence to determine who is at fault for a car crash. Multiple drivers can share responsibility and recover damages even if partially at fault. Your financial payout is reduced based on your percentage of blame.
Because of how Florida calculates liability coverage, you could end up walking away with less than you desire. But long-term medical care may increase the compensation you are entitled to.
How your care can increase claim value
Automotive accidents can leave injuries that last way beyond initial impact and immediate aftermath. Severe accidents can cause spinal cord and brain injuries, bone fractures, and other trauma. Crashes that cause these types of injuries can leave lifelong impairments.
Long-term care is expensive. In the initial stages, you may have to undergo surgery for treatment of crash-related injuries. Complex injuries may require rehabilitation or specialized care and medicine. Prolonged care can balloon the total cost of damages from a car crash.
The financial costs of a car crash are not just the initial bill of emergency care. A single trip to the ER may wipe out your mandatory PIP insurance benefits.
What you can do to recover damages
If you believe that your case meets the threshold for pursuing a personal injury lawsuit, begin gathering evidence. You will need to prove that your injuries meet Florida’s strict threshold. Your best bet is to compile medical records and secure testimonies from health professionals. Do not lose track of your hospital records and keep tabs on costs of follow-ups, consultations and other related material.
The defense and the courts will likely examine your case to see if it is supported by factual statements. If you do decide to pursue compensation, consider consulting a proper legal professional with experience in personal injury. They may be able to assess your claim’s viability and help you figure out your next steps.
