What Is the Bodily Injury Threshold in Florida?

According to reports from the CDC, over 32,000 individuals die from accidents in Florida roadways each year. The Highway Patrol in Florida also reported more than 198,000 injuries and 2,400 fatalities each year between 2013 and 2017. Due to the high number of bodily injury litigations, Florida has devised ways of handling these cases.

 

Most personal injury lawsuits settle before proceeding to trial, but they remain in the court’s schedule and back-up the courts. Because of this, Florida has an injury “threshold” regulation that you have to meet or exceed before suing for bodily injury.

 

About the Florida Bodily Injury Threshold

Although you might get bodily injuries from a Florida car accident, the person at fault will not be liable to your damages if they do not meet or exceed the medical threshold. When you fail to meet the limit, you will not be able to file for suffering, pain, mental distress, or any inconvenience from the crash.

Florida drivers have to carry a $10,000 insurance policy that covers personal injuries since it is a no-fault state. Your no-fault insurance policy will cover your medical expenses as well as lost income in tandem with the driver’s policy. It will also cover travel expenses and other expenses, like childcare and physician appointments.

 

The state of Florida has adopted a unique approach in a dog attack or bite cases. The one-bite rule prevents the owner from lawsuits due to his or her dog’s first-time bites. However, if you prove negligence by the owner in the dog attack that resulted in a bodily injury, you can get compensation.

 

Categories of Severe Injuries in Florida

Florida has four types of injuries that comply with the threshold standards for acquiring compensation that goes beyond the amount covered by the no-fault insurer. These types of damages include:

• Permanent and significant loss of crucial bodily functions

• Permanent and significant disfigurement or scarring

• Permanent injury

• Fatal injury

 

If you meet the above criteria for the injury threshold, you may want to consult a lawyer for guidance and about filing a claim.

 

How Long Do I Have to File a Personal Injury Case?

Florida has regulations that limit the amount of time you have to file a personal injury case. Florida civil laws require you to present your case within the four-year statute of limitations. Submitting your claim after the four-year deadline will be rendering it null and void.

 

How to File for Personal Injury Compensation

Contact a lawyer near you and discuss the details of your case. The lawyer will begin an investigation on the incident that caused your injury. He will talk to the witnesses, analyze medical paperwork, review footage, and acquire evidence to create a strong claim.

 

The attorney will then draft your claim. The claim will have details of your injuries, how these injuries are affecting your life, and why you need compensation. Next, you will negotiate with the entity at fault or insurance firm.

 

Most defendants settle their injury claims at this stage, but if they refuse to offer you fair compensation, your lawyer will file a lawsuit in the Florida courts. The trial process is the final stage where the jury and judge will hear the details of your issue and pass a verdict on the settlement.

 

Your attorney will handle all of the issues involved in your case, including consultation, negotiation, and settlement as you focus on your recovery.

 

Anne

I'm a mother of 2 who likes to get involved in too much! Besides writing here I started a non-profit, I'm on the PTO board, very active in my community and volunteer in the school. I enjoy music, reading, cooking, traveling and spending time with my family. We just adopted our 3rd cat and love them all!

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