Listen as Florida attorney Charles Draper explains whether you can get compensation for your pain and suffering if you were involved in a car accident that was not your fault.
Under Florida’s No-Fault law, a person with injuries caused by an auto accident that was not his fault should be compensated for his pain and suffering only if the person in question has an injury with permanent damages. This must qualify as a “threshold injury” as defined by fitting any one of the following categories:
1. A significant and permanent loss of an important bodily function.
2. A permanent injury within a reasonable degree of medical probability.
3. A significant and permanent scarring or disfigurement.
In order to determine if you sustained a threshold injury, your doctors will give their medical opinion and will assess if the injury was caused by the accident and if it is significant and permanent.
The defense attorney will have a right to have you examined by a doctor of their choice, and the doctors for the defense often give a different opinion about the connection between the injury and the accident or about the permanency of the injuries.
If a jury determines that there is no permanent injury, then you wouldn’t be entitled to compensation for your injuries. Watch the video to learn more.
If you have additional questions about whether you would qualify for pain and suffering compensation following a car accident, call the experienced Kissimmee car accident lawyers of Draper Law Offices at (407) 846-0075. I welcome your call. Visit our educational website, where you can view more videos and media content from our law firm.