Everyone has a different idea of what they consider a serious injury. Some people rush to the doctor for every small cut and minor bruise. Others may try to limp around on a broken ankle claiming it’s only a sprain and the injury will be fine in a couple of days.

When it comes to injuries sustained in accidents, trying to figure out if it’s serious is rarely easy. However, understanding Florida’s serious injury threshold can make it a little easier.

So, why should you be familiar with the Sunshine State’s serious injury threshold? The statute can play a role in your compensation amount if you file a personal injury claim.

Florida’s Statute for Serious Injuries

The state’s definition of serious injuries is a little broad; under Florida Statute 627.737, serious and catastrophic injuries are the same.

 A serious bodily injury is defined as one that results in a significant and permanent loss of a body function like kidney failure or even blindness. However, scarring and disfigurement also fall under the statute’s legal definition.

Did you know that the injury doesn’t have to be severe to fall under the rule’s guidelines? Yes, this can be confusing. If the injury is permanent, for example, your leg is shattered in the accident and you’re left with a permanent limp and discomfort, it probably meets the state’s serious injury threshold.

Psychological injuries can also meet the threshold. Some accidents can leave victims with emotional distress. Your injuries may even result in diminished mental capacity or leave you with permanent psychological scarring. PTSD (post-traumatic stress disorder) is an example. To meet the serious injury threshold, your psychological trauma must severely and negatively impact your quality of life.

You may even meet the threshold for serious economic damage if your injuries, both physical and psychological, are preventing you from returning to work. This can also apply if your damages are resulting in extensive medical costs.

Injury Causation and Contribution

Even after meeting the threshold for a serious injury, it doesn’t guarantee your claim will settle for its full value. Yes, serious injury claims typically have a higher value, and this is usually due to your higher medical and other treatment costs.

Florida is a no-fault state which means you first file a compensation claim with your personal injury protection (PIP) insurance provider. Depending on your policy, up to 80% of your medical expenses and lost wages can be covered. If your policy has a cap, PIP only pays up to the cap and not the full 80%.

To recover what PIP doesn’t pay out means filing an accident claim against the at-fault driver and this is when you should pay attention to terms like causation and contribution. Each one can impact your claim’s value.

Causation

Causation is an element of negligence, something you must prove as the plaintiff in a personal injury case. You must show that your serious injuries are directly caused by the accident. In other words, you must show the judge and/or jury the only way you could sustain your injuries is through the defendant’s reckless or negligent actions.

Think of proving causation as a ‘but for’ scenario. Your serious injuries wouldn’t have occurred but for the at-fault driver’s reckless actions.

Contribution

Even after proving causation, your injury claim isn’t quite ready to go before a civil court judge or jury. Florida is a contributory negligent state. Contributory negligence simply states more than one party can be responsible for causing the same accident.

For example, the at-fault driver is speeding and runs a red light but you’re making an illegal turn. In this scenario both you and the other driver share blame for the same accident.

Don’t worry, there’s a good chance you can still file a compensation claim against the other driver. However, your percentage of fault can’t be more than 50%. If you’re assigned 51% of the blame, you probably can’t file a claim against the other driver. Your compensation is also reduced according to your percentage of the blame.

Who assigns fault in a vehicle accident? Typically the authorities and insurance adjuster assign blame. If you don’t agree with their findings, you can file an appeal in civil court. This effectively stops the claim process until the judge or jury makes a decision. The court can reduce your percentage of blame, keep it the same, or even increase it.

Types of Damages You Can Recover in a Serious Injury Accident Claim

The damages you can recover in a serious injury accident claim can include both economic and non-economic losses. Your case may also qualify for punitive damages.

Economic Damages

Your economic damages are things like your medical expenses and property damage. Since your injuries are serious, you’re potentially missing work. Your claim can also include lost current income. If your injuries are making it impossible to return to work for the foreseeable future, you may be able to recover some of your lost future earnings.

To include economic damages, you must supply documentation, which usually includes your medical bills, property repair estimates, and financial statements.

Non-Economic Damages

Remember, the serious injury threshold includes psychological trauma like pain and suffering. Since these damages are intangible, calculating their value can be challenging. Working with your accident attorney, you can use either the per diem or multiplier method. Both will give you the value of your non-economic damages.

You may need to bring in expert witness testimony to prove you’re suffering from a serious psychological injury.

Punitive Damages

These are damages that can only be awarded by a judge or jury in a civil lawsuit. Punitive damages are rarely awarded unless it’s a gross negligence case. If you can prove the accident is intentional, there’s a chance you can receive a punitive damage judgment.

Learn More About Florida’s Serious Injury Threshold

If you’re suffering from a serious or catastrophic injury, it’s essential to contact an accident attorney before filing a claim. Your attorney can help ensure you recover fair compensation for your injuries, taking into account the full extent of your damages.

In many cases, you may be entitled to more compensation than you realize, covering not only immediate medical costs but also long-term care, lost wages, and emotional distress. Having legal guidance can make a significant difference in the outcome of your claim.