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According to Florida Statutes § 627.737, a serious injury is defined as one or more injuries that meet a specific set of criteria. As a result of this definition, a "serious injury threshold" is established that determines whether you are eligible to pursue compensation beyond Florida's no-fault insurance policy.
Florida law recognizes four distinct categories of serious injury.
Significant and permanent loss of an important bodily function includes injuries that result in the loss of mobility, sight, hearing, or use of limbs. Among these are paralysis, blindness, limb loss, and severe neurological damage that permanently impairs your ability to function.
Physical harm that is not fully healed or will not return to its pre-accident condition is considered permanent injury within a reasonable degree of medical probability. Disfigurement or scarring alone is not sufficient, rather, it must involve lasting functional impairments that permanently impact your daily life.
A significant and permanent scarring or disfigurement is defined as severe burns, facial disfigurement, or amputations that substantially alter the appearance of your body. For this criterion to apply, scarring or disfigurement must be both significant and permanent.
Death resulting from the injury represents the most severe category, which entitles surviving family members to file wrongful death claims.
Serious injury thresholds play an important part in Florida personal injury and car accident claims. In order to claim damages beyond Florida's no-fault Personal Injury Protection (PIP) system, you must meet one of these conditions. After you meet the serious injury threshold, you can sue the at-fault driver for noneconomic damages such as pain and suffering, emotional distress, loss of enjoyment of life, and other non-economic damages.
Florida law also recognizes mental and emotional injuries as serious injuries. If your quality of life and daily functioning are severely impaired by Post-traumatic Stress Disorder (PTSD), severe depression, anxiety disorders, or another psychological condition, then you may meet the serious injury threshold. If you have suffered a psychological injury that severely impairs your ability to function, a mental health professional should assess it and document it as permanent or long-term.
Florida courts and insurance companies apply serious injury thresholds to prevent lawsuits for minor or temporary injuries, making sure compensation matches the severity of the injury. A serious injury claim is often challenged by insurance companies, requiring expert testimony and strong medical evidence.
Injured parties have the burden of proving that their injury meets at least one of the serious injury definition's criteria. Therefore, you need proper medical treatment, documentation, and legal representation from the start.
It's important to understand what Florida considers a serious injury. Evidence of this legal threshold requires experienced legal guidance and thorough medical documentation. You can expect insurance companies to meticulously examine every aspect of your claim and hire their own medical experts to deny the extent or permanence of your injuries. You need a lawyer who can build a compelling case that will stand up to their challenges if you want to win your case.
If you have suffered a serious injury in Florida, you should seek legal advice immediately. You will be in a better position to win your case if we can document your condition as soon as possible. You can significantly impact the outcome of your future recovery by taking action today. We can evaluate the legal implications of your injuries and your options at The Law Offices of Sean M. Cleary.