Recovering Compensation for Personal Injury Under Florida’s No-Fault Insurance Law
Florida law requires all drivers to carry $10,000 in Personal Injury Protection (PIP) insurance. This coverage comes into play whenever you are injured in a car accident and enables you to recover 80% of your medical bills as well as 60% of your lost income or earning capacity if you are unable to work due to your injuries, up to a total of $10,000. This compensation is available regardless of who was at fault in the accident, and you do not have to sue the other driver to recover this compensation. Be aware that under recent changes to the law, you must seek treatment within 14 days of the accident to be reimbursed for your medical bills, and your compensation will be limited to only $2,500 unless you had an “emergency medical condition.”
What if you were seriously injured and had damages above the $10,000 threshold? Florida’s PIP insurance law does allow you to sue the other driver if you suffered any of the following:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death (lawsuit brought by the personal representative of the estate)
In these cases, a person can sue to recover compensation above the $10,000 threshold for “pain, suffering, mental anguish and inconvenience.” Whether your case involves negotiating a settlement with the insurance company or going to court and having a jury decide the matter at trial, qualified legal assistance is necessary to ensure that you receive the full value of your claim. Contact our car accident attorneys today.