If you have been involved in an accident which has caused you harm, you may wonder if a personal injury case is appropriate. While the best way to understand if you should pursue a claim or lawsuit is to speak with a personal injury attorney, there are some guidelines in place to help you understand your options.
Some of the most common personal injury claims in Florida are car accidents, so these are good case studies for this type of question.
Do I File a Claim or Lawsuit?
First, we should clarify the difference between a claim and a lawsuit or personal injury case. A personal injury claim is filed with the insurance company of the party you are alleging is at fault for your injury. As many claims are settled through negotiation, often a lawsuit is not necessary. However, if discussions with the insurance company fail to yield an acceptable result, you have the right to move forward with a personal injury lawsuit and seek legal remedy through the courts.
Florida has a no-fault auto insurance structure, which means that medical bills up to your personal limit – usually $10,000 – are paid by your own insurance company, even if the other driver was at fault. This policy was instituted in order to avoid clogging the system with small claims which can easily be paid for. However, if your bills exceed that limit, or if you wish to pursue pain and suffering compensation, you will need to proceed with a claim against the offending party.
Do I Have to Prove Serious Injury to Win a Personal Injury Case?
According to Florida’s personal injury liability law, the person who caused the accident is not liable for another’s personal injuries unless those injuries meet a specified medical threshold. If it is determined that injuries do not meet the threshold, you will not be able to pursue and recover for injuries, not for pain and suffering, inconvenience or disruption.
In order to seek damages over and above those paid out by your own insurance carrier, it will be up to you to prove that the injury met one of these following thresholds:
- Significant and/or permanent loss of an important bodily function
- Medical determination of probable permanent injury
- Significant and/or permanent scarring or disfigurement
- Death
Although the law does not further clarify the threshold, there are some general guidelines we can follow to determine the severity of an injury. Bruises, for instance, are not likely to impair your ability to function long-term; but a broken leg may seriously impede your ability to work or function on your own. The age and health of the claimant may also be taken into consideration. In general, minor injuries whose costs are covered by your no-fault policy will not meet the threshold for a personal injury case.
Keep In Mind: The insurance company (or defendant in a lawsuit) is obviously motivated to prove that your injury is not as serious as you claim, and may go so far as to follow you on social media to see if they can find proof that you are exaggerating your injury. Be clear with your personal injury attorney as to the extent of your injuries, and keep records of doctor’s visits, prognosis, and any relevant communications with your job.
Because these thresholds can be subjective, it is important to speak with a legal expert to determine the viability of your case and how you should proceed. The personal injury attorneys at Probinsky & Cole are here to help you to determine the best course of action after your Tampa or Sarasota area accident.
