What Qualifies as a “Significant” or “Permanent” Injury from a Car Accident in Florida?

In Florida, filing a claim with the at-fault driver’s insurance company after a car accident generally requires proof that you suffered a “significant” or “permanent” injury in the crash. If none of your injuries qualify as significant or permanent, then you will typically be limited to filing a claim with your own insurance company. Learn what qualifies as a significant or permanent injury (and when exceptions apply) from an experienced Florida car accident attorney at Searcy Denney.

Injuries that Qualify as “Significant” or “Permanent” Under Florida’s No-Fault Insurance Law

The requirement for a significant or permanent injury exists under Florida’s no-fault insurance law. Under this law, filing a claim with your own insurance company is your first (and potentially only) source of financial recovery after a collision with another driver.

To file a claim with the other driver’s insurance company, you must be able to prove that one or more of your injuries qualify as significant, permanent, or both. Qualifying injuries fall into three categories:

• “Significant and permanent loss of an important bodily function;”
• “Permanent injury with a reasonable degree of medical probability, other than scarring or disfigurement;” or,
• “Significant and permanent scarring or disfigurement.”

While some injuries will clearly fall into one (or more) of these categories, with others, it won’t be so clear. Unfortunately, the law does not provide any additional guidance, and this can make it difficult for accident victims to know whether they have grounds to file a fault-based insurance claim.

This is one of several reasons why it is important to have an experienced Florida car accident attorney on your side. An experienced attorney will be familiar with the specific types of injuries that qualify as significant or permanent under Florida’s no-fault insurance law. Equally important, an experienced attorney will also be able to take the steps necessary to determine if you have grounds to file a fault-based insurance claim (if one or more of your injuries qualify). Seeking compensation outside of your own personal injury protection (PIP) coverage requires both—you must have a significant or permanent injury and you must be able to prove that the other driver is to blame.

Even though Florida’s no-fault insurance law does not provide clear guidance on the specific types of injuries that qualify as significant or permanent, there are certain types of injuries that will generally qualify. For example, the following types of injuries will typically meet one or both of these thresholds:

• Broken bones
• Internal organ damage
• Disfiguring injuries (including facial scarring and loss of digits or limbs)
• Joint injuries (including ankle, knee, wrist and shoulder injuries)
• Post-traumatic stress syndrome
• Severe cuts or abrasions resulting in permanent scars
• Severe burns resulting in permanent scars
• Spinal cord injuries
• Traumatic brain injuries (TBI)
• Other injuries resulting in chronic pain (including whiplash)

With that said, determining your legal rights requires an assessment of your specific injuries and the specific circumstances involved in your car accident. You do not want to let the insurance companies make this assessment for you. The insurance companies have their best interests in mind, and their goal is to pay you as little as possible.

Conversely, when you hire an attorney to represent you, your attorney’s goal is to help maximize your financial recovery. As a result, your attorney will provide an unbiased and straightforward assessment of your legal rights—including whether you are eligible to file a fault-based claim. If you are eligible to file a fault-based claim, your attorney will help you understand the long-term costs of your significant or permanent injury, and your attorney will help you make informed decisions focused on protecting your legal rights.

When Proof of a “Significant” or “Permanent” Injury Isn’t Required

While you must have a significant or permanent injury to file a claim with an at-fault driver’s insurance company in most cases, there are exceptions. For example, Florida’s no-fault insurance law does not apply in cases involving :

• Certain types of commercial vehicles (including taxis)
• Government-owned mass-transit vehicles
• Rideshare vehicles (Ubers and Lyfts) if you don’t have PIP insurance

Here, too, an experienced Florida car accident attorney will be able to help you understand your legal rights and the options you have available. If you do not need to prove that your injuries qualify as significant or permanent, this will remove one of the hurdles to seeking the financial compensation you deserve.

What if the At-Fault Driver Doesn’t Have Liability Insurance?

While PIP insurance is mandatory in Florida (this is the no-fault coverage you can use after an accident, regardless of the severity of your injuries), liability insurance is not. As a result, many drivers in Florida are either uninsured or underinsured—meaning that they do not have the coverage needed to compensate accident victims for their significant or permanent injuries.

What if you have grounds to file a fault-based claim, but the driver who hit you doesn’t have liability insurance?

In this scenario, determining your legal rights also requires an assessment of the specific circumstances involved in your car accident. Was the other driver working at the time of the collision? Did your accident involve a tire blowout or brake failure? Did your accident involve an issue with the road? These are all examples of issues that could provide you with additional grounds to seek financial compensation. These are issues that an experienced Florida car accident attorney will be able to evaluate as well—and, to maximize your chances of filing a successful claim, you should consult with an experienced attorney as soon as possible.

Discuss Your Case with a Florida Car Accident Attorney at Searcy Denney

If you have been injured in a car accident in Florida, our attorneys can help you understand your legal rights and fight for the financial compensation you deserve. To schedule a free, no-obligation consultation with an experienced Florida car accident attorney at Searcy Denney as soon as possible, call 800-780-8607 or tell us how we can reach you online now.