On Behalf of Rosenthal, Levy, Simon & Sosa | April 8, 2023 | Car Accident Injuries
After suffering a serious injury, it’s only fair that you receive maximum compensation for your injury and all the losses you incurred because of it. But what if the accident happened in Florida, which follows the no-fault auto insurance rules? The problem with no-fault insurance coverage is that it limits the terms under which an injured party can bring legal action against an at-fault party for their injuries.
With no-fault coverage, you must turn to your PIP insurance provider. Your PIP benefits should pay for your medical expenses, wage loss, and other covered financial losses up to your policy limits, which is usually not enough to cover all the losses related to a serious injury.
PIP also doesn’t cover non-economic losses, like emotional distress. Fortunately, “seriously injured” people may be exempt from this limitation. This means you may sue the at-fault driver or another party that’s liable for your “serious injury.”
Understanding Florida’s Serious Injury Threshold
You can only bring a liability claim or personal injury lawsuit against the party that injured you, effectively stepping outside the no-fault insurance system, if you sustained a serious injury in the crash. This also means you can pursue all types of damages, including emotional distress and other non-economic losses.
Under the law, the injury that might satisfy the state’s serious injury threshold and allow you to pursue financial compensation from an at-fault party beyond the benefits provided by your PIP coverage is any bodily injury, disease, or sickness that leads to any of the following:
- Permanent and significant loss of a vital bodily function
- Permanent and significant disfigurement or scarring
- Other permanent or significant injuries within a “reasonable degree of medical probability.”
If your injury is permanent or long-lasting and severely impacts your ability to earn a living and quality of life, it may be considered a serious injury. Some examples of injuries that could be considered serious include:
- Brain injuries
- Paralysis
- Spinal cord injuries
- Major burns
- Blindness
- Internal organ damage
- Neurological disorders
- Compound bone fractures
- Amputation
Proving that your injury meets the state’s serious injury threshold might often require a thorough investigation, valid medical proof, and expert witness testimony to substantiate your injury and how you sustained it from the crash.
Get Legal Assistance From an Experienced Port St. Lucie Catastrophic Injury Lawyer Today
Serious injuries can have lifelong consequences for you and your family. A claim involving a serious injury presents unique challenges for victims, particularly when proving its present and future effects on your life, because they can increase your compensable losses and your claim’s overall value.
With the complexity of the circumstances, the evidence required to prove your claim, and the compensation you can receive if you or a loved one has suffered a serious injury in an accident because of someone else’s negligence, it is vital to work with the right Port St. Lucie catastrophic injury lawyer. Dial 866-640-7117 or reach Rosenthal, Levy, Simon & Sosaonline to schedule a free case review with our Port St. Lucie catastrophic injury lawyer.
Gerald A. Rosenthal
Retired
Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.
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