Auto Accidents and “Serious Injury”
According to the Florida Department of Motor Vehicles, Florida has more than 395,000 Car Accidents each year. Unfortunately, people involved in these collisions may be critically injured. When the accident was due to the other driver’s negligence, the wounded person may be entitled to compensation for their injuries, medical expenses, pain and suffering, and loss of wages and property. However, in Florida, the extent to which a person may recover depends upon the degree of their injuries. Here is what you need to know about Florida auto accidents and serious injury.
Florida is a “No-Fault” State
Florida is a no-fault insurance state. What this means is that if you are injured in a car accident, your insurance, not the other driver’s, will pay your medical costs up to your plan limits despite who was responsible for the collision. While Florida law requires that all drivers be insured, this coverage for personal injury protection (PIP) only has to be a minimum of $10,000.00. In many cases, the expenses connected to this type of accident will far exceed this amount. If your plan coverage is inadequate to pay for your costs, you may be left with considerable debts.
“Serious Injury” Recovery
In order to recover for pain and suffering in Florida, you must establish that you have sustained a “permanent injury”. To meet this standard, one or more of your doctors must determine that one or more of your injuries are permanent or, that you sustained a permanent aggravation of a previous injury. If you can establish that you sustained a permanent injury, you can be entitled to damages for pain and suffering against the other driver.
Contact Our Office
While some injuries following a car accident will be clearly observable, there are others which may present as minor and become worse over time. Further, establishing the extent to which the injury impairs a person’s functioning can require medical and occupational expertise. This is why after a major accident it is critical that you contact an experienced and knowledgeable personal injury attorney. The right legal team will be prepared to help you assess your damages and gather the right evidence to support your claim against the responsible party.
At the Draper Firm, we have experience advocating for individuals who have sustained serious injuries in a motor vehicle accidents and are ready to fight for the compensation you need. We understand the issues which arise when a person is seriously injured due to a car accident and can help. Contact us today to schedule a free consultation.