The aftermath of a car accident in Florida can be a life-changing event, especially when it results in a permanent injury. Understanding how to get through this challenging landscape is crucial for anyone who finds themselves or a loved one in such a situation. This blog will delve into the complexities of handling permanent injury cases in Florida, from understanding the state's no-fault insurance law to proving the permanence of injuries and the importance of expert medical testimony.

Florida's No-Fault Insurance Law

Florida's no-fault insurance law requires drivers to carry Personal Injury Protection (PIP) insurance. This coverage pays for your medical bills and lost wages, regardless of who was at fault in the crash.

Most medical treatments associated with car crash injuries are covered through PIP. This includes:

• Medical services
• Pharmaceuticals
• Surgical services
• Rehabilitation costs
• Diagnostic test costs
• EMS care

When it comes to the costs, PIP has limits. PIP does not cover all medical expenses. Florida’s PIP states that PIP will only cover 80% of each medical bill. The remaining 20% is your copay. You may also have a deductible. However, if you have health insurance, it can also be used to offset, and sometimes eliminate, your medical bills.

The amount of coverage required, by law, is at least $10,000. However, you should ask your doctor if your injury is considered an emergency. PIP will only cover up to $2,500 worth of benefits if a doctor does not recognize an Emergency Medical Condition.

In addition to medical costs, PIP will pay 60% of your lost wages up to the total $10,000 limit

It’s important to note that PIP benefits apply to both medical and lost wage expenses. If you have $10,000 in benefits, this is a total amount, as opposed to $10,000 for medical AND $10,000 for wages.

One critical aspect of this law is its impact on personal injury claims: PIP limits your ability to sue the other driver unless you suffer a "permanent injury," as defined by Florida law. The no-fault statute prevents you from suing unless you have a serious injury. The law in Florida defines it as an injury involving one or more of the following:

• A significant and permanent loss of an important bodily function.
• Permanent injury to within a reasonable degree of medical probability.
• Scarring or disfigurement that is significant and permanent.
• Death

Defining Permanent Injury in Florida

Florida law defines a permanent injury as one that significantly impacts bodily function or causes significant scarring or disfigurement. Beyond the more obvious cases like spinal injuries or traumatic brain injuries, other less severe but still permanent injuries from car accidents might include:

• Chronic Pain - Long lasting pain that affects mobility or quality of life.
• Partial Loss of Mobility - Injuries leading to stiffness or reduced range of motion in joints.
• Hearing or Vision Loss - Partial or total loss of hearing or vision due to the accident.
• Nerve Damage - May result in tingling, numbness, or weakness in certain body parts.
• Psychological Trauma Such as post-traumatic stress disorder (PTSD) - Can have a lasting impact on mental health.

It's important to recognize these as they also significantly affect a person’s life and may qualify as permanent injuries under Florida law.

Proving Permanent Injuries

To prove a permanent injury in Florida, detailed medical documentation and expert testimony are critical. Under Florida Statute 627.737(2), victims seeking compensation beyond PIP must demonstrate that the injury is permanent, a significant and permanent loss of an important bodily function, or significant and permanent scarring or disfigurement. This often requires comprehensive medical evaluations, detailed treatment records, and expert medical opinions to establish the injury's long-term impact. In some cases, the testimony of medical professionals who specialize in the type of injury sustained can be pivotal in establishing its permanence and the resulting damages.

Dealing with a permanent injury from a car accident in Florida can be a daunting experience, but understanding your legal rights and options is the first step towards recovery and compensation. Whether your injury is severe or less severe but still life-altering, Oliver Injury Firm is here to help. We specialize in guiding you through the complexities of Florida's personal injury laws and are committed to advocating for your best interests. Contact us for a free consultation and let us help you on your journey to justice and healing.