When Can You Sue for Car Accident Personal Injury Damages in Florida?

ByEoin Morgan

Over the past few years, US states have seen an uptick in car accidents rates, and Florida is no exception. In the year 2022, the Sunshine state reported 396,478 auto accidents. 

What’s more, recent trends point to a direct correlation between population growth and car crashes. And it’s easy to see why—more people equals more cars, which increases the risk of accidents, especially in high-traffic areas. 

Florida is a no-fault state, meaning motorists must carry their own Personal Injury Protection (PIP) cover. In the event of a car accident, each driver is required to file a claim with their insurer. 

This blog seeks to answer the question on everyone’s minds: can you still seek compensation from other driver/negligent party? 

Understanding the No-Fault Insurance System 

Under Florida traffic laws, every licensed motorist must carry a minimum PIP cover to pay for damages sustained in the unfortunate event of a car accident.

What if the payment from your insurance fails to clear all the bills? What if your injurlies have a severe and long-lasting impact? What happens then?

“There are specific situations when the law allows personal injury victims to seek additional compensation from liable parties. That is, in addition to their PIP coverage,” explains personal injury attorney Mitchell Feldman of Feldman Legal Group. 

For an accurate evaluation of your claim, it is best to consult a personal injury attorney. They will review the facts of your case, the available evidence, and the injuries you sustained to help you understand whether you can pursue extra reparation. 

Here are the situations when you can sue the other driver: 

  • When you sustain a permanent injury with a reasonable degree of medical probability
  • If you lose a loved one in a car accident
  • When you suffer significant and permanent loss of an important bodily function.
  • If the other driver was driving whi e intoxicated 
  • When you suffer severe or permanent scarring 
  • If the at-fault motorist displayed signs of gross negligence like speeding and tailgating 

Meeting any of the mentioned thresholds opens the door to possible additional redress. Taking this path automatically obligates you to prove beyond a reasonable doubt that the other individual or entity is at fault. 

A qualified personal injury attorney can help you collect, analyze, and track down witnesses to corroborate evidence. 

These professionals understand liability as it applies to personal injury cases. They can use different theories to file claims against all responsible parties, from the defendant to the vehicle manufacturer and government agencies. 

Here are the damages you may be entitled to should you win:

  • Economic damages – This will include quantifiable amends like extreme property loss and medical expenses beyond PIP limits. 
  • Non-economic damages – Intangible losses such as pain and suffering and loss of consortium. They are calculated using different methods.
  • Punitive damages – Speculative settlement meant to send a message of deterrence to the general community. 

Also Read: 6 Benefits of Using a Solid Wooden Shelf for Your Book Collection

Conclusion 

If you have been involved in a Florida car crash, the law expects you to look at your insurance coverage to help pay for medical bills and lost wages. However, in case you suffer extreme injuries and loss of bodily functions, you will be allowed to file a claim for economic and non-economic damages against the at-fault driver. 

Eoin Morgan

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