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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. A "serious injury threshold" determines whether you are eligible to pursue compensation beyond Florida's no-fault insurance policy.
Florida law recognizes four categories of serious injury.
Significant and permanent loss of an important bodily function, which includes paralysis, blindness, limb loss, and severe neurological damage that permanently impairs your ability to function.
Physical harm that 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 and gives the right to the surviving family members to file a wrongful death claim.
Serious injury thresholds play an important role 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.
Mental and emotional injuries are considered serious injuries under Florida law. 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.
In order to prevent lawsuits from being filed for minor or temporary injuries, Florida courts and insurance companies apply a serious injury threshold, making sure compensation matches the severity of the injuries. 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. Every aspect of your claim will be meticulously examined by the insurance companies, and they will hire their own medical experts to deny the extent or permanence of your injuries. You need an experienced personal injury attorney 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. We can evaluate the legal implications of your injuries and your legal options in pursuing compensation at The Law Offices of Sean M. Cleary.