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Some of the most common injuries are injuries to the neck, back, and shoulders, due to the nature of whiplash and most people’s driving positions. Bulging discs and herniations are very common. Sometimes, we may encounter clients who have hit their head on the steering wheel or window. Another common type of injury is injury to the knees, as it’s easy for someone to hit their knees on the center console. Injuries are unique to the type of impact, the position of the person inside the vehicle, and the force of the accident. It is common to see injury to extremities that may come in contact with any part of the interior of the vehicle.

What Is Florida’s Serious Injury Threshold?

The roads in Florida are riskier than ever with a growing driving population, distracted drivers texting behind the wheel, people regularly commuting to and from work, and more ridesharing services like Lyft and Uber sharing the road. It is no wonder that over 400,000 auto accidents occur every year. Sadly, that number increases every year, which results in countless personal injury accidents and cases seeking recompense. Consequently, Florida has established a system that helps deal with the volume of injury cases by implementing a serious injury threshold. The serious injury threshold requires a person to meet certain qualifications or eligibility in order to pursue a lawsuit for damages against the at-fault party. It is important to note that it is essential to contact an auto accident attorney for specialized assistance if you were involved in an auto accident. At Geller Tamayo, LLC, our auto accident attorneys are seasoned professionals with decades of experience representing clients involved in serious auto accidents.

General Information:

Since Florida is a no-fault state, it is often challenging to meet the eligibility requirements set by the serious injury threshold, unless the injuries are severe enough to meet the standards. As such, the serious injury threshold surpasses minor injuries such as bruises and sprains. In other words, an injury must be severe enough to be able to file a lawsuit. An expert auto accident attorney can assess your case to determine whether a lawsuit is a viable option.

If the injuries do not meet the threshold, the victim may not be able to recover adequate compensation, even if they are experiencing serious pain and mental anguish. Therefore, it is imperative to hire an auto accident attorney who can build a strong case that demonstrates that it is evident that you meet the threshold.

To meet the serious injury threshold, a person must show that their damages exceed the standard economic damages allowed through PIP insurance. As a result, there are four categories of injuries that satisfy the threshold, which allows a person to seek compensation that goes beyond their insurance policy. The categories are:

  • Permanent or significant injury that requires a degree of medical attention;
  • Significant loss of an essential bodily function;
  • Permanent or significant scarring or disfigurement; or
  • Death

Beyond these four points, the law does not specify exactly what injuries fall under these categories. However, with the legal assistance of a skilled auto accident attorney, your chances of proving that you satisfy one of these categories greatly increases. For instance, an auto accident attorney can argue that your broken wrist has seriously impaired an essential function, such as typing, which you rely on to work. The impaired function does not have to be a permanent disability to comply with the threshold. Hence, without the expertise of an auto accident attorney to help validate your injury, you may not be able to prove that you meet the serious injury threshold. Therefore, it is highly advised to enlist an auto accident attorney who has a successful track record of handling serious auto accidents.

At Geller Tamayo, LLC, our auto accident attorneys serve clients in Miami, FL, Hollywood, FL, and surrounding areas.

I Was Partially At Fault For The Auto Wreck That Caused My Injuries. Do I Still Have A Case In Florida?

Yes. In Florida, there is something called Comparative Fault, which states that you have a right to recovery even if you are partially at fault for the accident. While it is always best to have a clear-liability case, partial fault does not prevent you from bringing a claim or case for recovery.

What Is PIP Insurance And Is It Required In Florida?

PIP Insurance is required for all insurance policies in Florida. PIP is a no-fault insurance, meaning that your own insurance company will cover up to 80% of the medical costs, up to $10,000. Even if you’re at fault for an accident, your PIP insurance will cover up to 80%, or $10,000 (whichever is greater) of your medical expenses for your injuries. Even if someone in Florida does not have car insurance, they are required to have PIP insurance.

What Damages Can I Recover For Car Accident Injuries?

Whether you have a slip and fall or a car accident, the types of damages you can recover are the same. Those were discussed earlier, which include medical expenses, future expenses, loss of earnings, loss of enjoyment of life, and many more.

For more information on Auto Accidents, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 379-8030 | (786) 785-2555 today.

Geller Tamayo, LLC

Call Now For A Personalized Case Evaluation
(954) 379-8030 | (786) 785-2555