What Types of Injuries Qualify for Compensation After an Accident in Florida?

If you have been injured in an accident, you need to make an informed decision about whether to pursue legal action. All types of injuries can lead to financial and non-financial costs; and, if you have grounds to pursue legal action, you do not want to lose your opportunity to seek just compensation. Learn more from the Florida injury lawyers at Searcy Denney:

All Types of Traumatic Injuries Can Qualify for Compensation After a Serious Accident

When you suffer serious injuries in an accident, determining whether you have grounds to file a claim involves identifying the cause of your injuries. While it is critical that you receive an accurate diagnosis and obtain the treatment you need, from a legal perspective, the key consideration is why you got injured.

If the reason for your injuries justifies legal action (i.e., if you were injured in an accident that was someone else’s fault), you can seek compensation regardless of the nature of your injuries. For example, in Florida, accident victims can seek just compensation for injuries including (but not limited to):

• Back and spinal cord injuries (i.e., herniated discs and paralysis)
• Bone injuries (i.e., fractures and dislocations)
• Burns
• Concussions and other traumatic brain injuries (TBI)
• Internal bleeding
• Internal organ damage
• Loss of digits and limbs
• Neck injuries
• Nerve injuries
• Soft tissue injuries

Importantly, accident victims in Florida can seek just compensation for the psychological and emotional effects of their injuries as well. For example, if you have a personal injury claim involving one (or more) of the injuries listed above, our team of experienced Florida injury lawyers may also be able to seek just compensation for your:

• Anxiety
• Depression
• Emotional distress
• Post-traumatic stress disorder (PTSD)
• Sleep disturbances

These, too, are just examples. Serious accidents can impact different people in different ways; and, as an accident victim, it is critical to ensure that you have a clear and comprehensive understanding of all of the various ways your accident impacts your life. Once you know the consequences you are facing, then you can work with your Florida injury lawyers to determine how much you are entitled to recover.  

Florida’s “Significant” or “Permanent” Injury Requirement for Car Accident Claims

While accident victims can seek full compensation for their physical and psychological trauma in most cases, there is one important exception: Under Florida’s “no fault” insurance law, car accident victims can only seek full compensation from the other driver if they suffered a “significant” or “permanent” injury in the collision.

If none of your injuries qualify as “significant” or “permanent,” you may be limited to filing a personal injury protection (PIP) claim with your insurance company. Unlike fault-based auto insurance coverage, PIP only provides coverage for 80 percent of your medical expenses.

With this in mind, we strongly recommend speaking with one of our Florida injury lawyers before you resign yourself to filing a PIP claim after a car accident. Our lawyers can determine if any of your injuries meet any of the following thresholds:

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

If they do, we can seek full compensation from the driver who is responsible. While catastrophic injuries will generally meet one (or more) of these thresholds, even less severe injuries can justify fault-based claims outside of PIP. Our lawyers can explain everything you need to know, and we can make sure you do not unknowingly leave money on the table.

Seeking Compensation for All of the Costs of Accident-Related Injuries in Florida

Regardless of how you got injured, if you have grounds to file a personal injury claim, you can—and should—seek compensation for your injuries’ financial and non-financial consequences. Your medical bills are just one part of the equation. Under Florida law, accident victims who have personal injury claims are entitled to seek just compensation for their:

• Medical Expenses – For most accident victims, making sure their medical expenses are covered is their first priority. If you have a personal injury claim, you can seek compensation for your present and future medical expenses regardless of the nature of your injuries. You are entitled to compensation for your mental health care costs as well.
• Lost Earnings – If your injuries or the mental health consequences of your trauma prevent you from working, you are also entitled to compensation for your lost earnings. Here too, this covers your losses both now and in the future.
• Other Financial Losses – If you incur other costs as a result of your injuries, you are entitled to compensation for these costs as well. Some examples of other losses you may be entitled to recover include things like prescription medications, medical supplies, home or vehicle modifications, and other necessary items and services.
• Pain and Suffering – Beyond the costs of your medical care and mental health care, you are entitled to seek additional compensation for the daily effects of your pain and suffering. Once again, this is true regardless of the nature of your injuries or the specific psychological or emotional consequences you are experiencing.
• Other Non–Financial Consequences – Along with your pain and suffering, you are entitled to just compensation for any other non-financial consequences you experience as well. Some common examples of other non-financial consequences associated with serious traumatic injuries include loss of companionship, loss of consortium, loss of services and support, and loss of enjoyment of life.

Contact the Florida Injury Lawyers at Searcy Denney for a Free, No-Obligation Consultation

Do you need to know more about your legal rights after an accident in Florida? If so, our Florida injury lawyers can provide the insights you need to make informed decisions about your next steps. To schedule a free, no-obligation consultation with an experienced Florida injury lawyer at Searcy Denney as soon as possible, call us at 800-780-8607 or tell us how we can get in touch online now.