How Serious Does My Injury Need to Be to File a Personal Injury Lawsuit in Florida?

Fairway Law Group

You are driving down the road when a car comes out of nowhere and hits you, pushing you into oncoming traffic where you are hit again. You are injured – but are you injured enough to get a lawyer? What do you do? What does your insurance cover?

Understanding the Limits of Personal Injury Protection

Personal Injury Protection (PIP) is required when car insurance is purchased in Florida, unlike bodily injury coverage which is optional. Whereas collision coverage covers the cost of property damage, including the cost of fixing the other party’s car, PIP covers medical expenses up to $10,000 regardless of who is at fault.

When in an accident, any medical bills over $10,000 that are not paid by medical insurance are the injured party’s responsibility. If a serious injury occurs, $10,000 will not go very far.

Specific requirements must be met for a personal injury lawsuit. According to the State of Florida in §627.737(2)(a-d), Fla. Stat. (2020), there must be one of the following:

  • Significant and permanent loss of an important body function
  • Permanent injury within a reasonable degree of medical certainty (other than scarring/disfigurement)
  • Significant and permanent scarring or disfigurement
  • Death

There is no clear answer to whether an injury is severe enough to create a claim. Whether or not there is a claim depends on several factors: how long the injury lasts, the impact on daily life, the age of the person injured, and prior overall health.

All these factors have to be considered for each injury because each injured person is unique. A broken leg on a healthy 21-year-old is very different from a broken leg on an older individual with osteoporosis, who may never heal completely.  

Reasons to Hire a Personal Injury Lawyer in Deerfield Beach

Personal injury claims are much more complicated than one would expect, starting with determining whether or not there is even a claim. Hiring a personal injury lawyer can help. Not only do they know the system, but they also have access to necessary professionals like medical experts.

Proving someone meets the threshold for injuries often requires the help of medical professionals’ testimonies. It is not impossible to find these professionals on your own, but it is costly in both time and money.

Most importantly, when you are recovering from a serious injury, the last thing anyone wants to do is argue with an insurance company. Insurance companies have a reputation for paying the bare minimum they can get away with, and there is a reason for that.

Deerfield Beach Personal Injury Lawyers on Your Side

Waring Law is located in Deerfield Beach, Florida, and provides legal help for those who have been in accidents. Matthew Waring used to be a defense attorney and knows how they think, which is a distinct advantage in the courtroom. In 2020 they won over $1,456,000 in damages for their clients and will do whatever it takes to give you a fair shot at receiving necessary compensation. Contact our office at (954) 388-0646 or fill out our online contact form to get started.

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