Florida is a no-fault state, meaning that victims of auto accidents must utilize their own insurance coverage for expenses related to most bodily injuries, regardless of whether another individual was at fault. However, those who suffer serious injuries due to someone else’s negligence still have the right to seek retribution by pursuing a personal injury lawsuit against the individual who is to blame. In order for litigation to be sought, the victim’s injury must meet Florida’s Serious Injury Threshold.
Our Miami personal injury attorneys are offering some insight on the requirements for doing so.
Meeting the Threshold
Florida Statute 627.737 outlines four instances in which damages for problems stemming from a personal injury can be recovered.
- The injury caused a permanent loss of a significant bodily function.
- The injury itself is permanent, within a reasonable degree of probability.
- The injury caused significant scarring or disfigurement, which is permanent.
- The injury resulted in death.
It is worth noting that in addition to meeting one of these standards, one must also be able to demonstrate that another individual’s negligence directly caused the injury itself. The expertise of an experienced personal injury attorney can be extremely helpful for arguing this aspect of the case.
How an Attorney Can Help
In addition to being able to effectively demonstrate the extent of one’s injuries and the negligence of the plaintiff, an attorney can be a valuable asset even before litigation is pursued. The right lawyer should be knowledgeable about past case law, which can shed light on how local courts will interpret the four points outlined above. For instance, in the event that an individual suffered an ankle sprain, negotiating a fair settlement with the auto insurer is likely to be more advisable than seeking a lawsuit. However, if bones were broken, an attorney might advise that the threshold may be met with the right approach. It all comes down to the individual’s case and unique situation because no two people are impacted by an injury in the same exact way. Therefore, seeking both medical and legal consultations prior to taking legal action is of the utmost importance.
Were you the victim of an accident that left you with serious injuries? Our Miami personal injury attorneys can help you seek justice. Contact our office today to schedule a free consultation.