Car accident victims in Florida will typically be able to recover certain types of compensation for their losses regardless of who caused the incident. Florida uses a no-fault insurance system concerning vehicle accidents, meaning individuals can turn to their own insurance coverage to get compensation regardless of who caused the incident.
However, we not only want to review the basic no-fault compensation available, but we also want to review additional types of compensation that individuals may be able to receive if the severity of the incident warrants filing a personal injury claim against and at-fault driver, which would take the case out of the no-fault system and allow individuals to recover additional types of compensation. Make sure to speak with a car accident attorney in Port St. Lucie for legal guidance and support.
Typical No-Fault Compensation Available After a Florida Vehicle Accident
Under Florida’s no-fault insurance system, every driver is required to carry Personal Injury Protection (PIP) coverage. PIP coverage provides compensation for certain economic damages regardless of who is at fault for the accident. The main types of compensation available through PIP include:
- Medical Expenses. PIP covers 80% of all reasonable medical costs resulting from the car accident. This includes hospital bills, surgical costs, rehabilitation expenses, and any other medically necessary treatments. However, there is a cap, typically up to $10,000, unless the injuries are deemed non-emergency, in which case the limit is $2,500.
- Lost Wages. If the injuries from the accident prevent job-related duties, PIP covers 60% of lost income for that timeframe.
- Replacement Services. PIP may also cover the cost of services that the injured person can no longer perform due to their injuries, such as childcare, housekeeping, and other household chores.
- Death Benefits. In the unfortunate event that the accident results in death, PIP provides a $5,000 death benefit to the deceased’s beneficiaries.
It is important to note that PIP does not cover non-economic damages, such as pain and suffering. Additionally, the PIP coverage limits may not fully cover all the expenses incurred due to the accident, especially in cases involving severe injuries.
What Allows Crash Victims to File a Personal Injury Lawsuit?
While Florida’s no-fault system requires drivers to turn to their own insurance for compensation, there are exceptions that allow victims to step outside of the no-fault system and file a civil personal injury lawsuit against the at-fault driver. To do this, the injuries must meet certain thresholds defined by Florida law. These thresholds include:
- Significant and Permanent Loss of an Important Bodily Function. If the accident results in a significant and permanent loss of a vital bodily function, the victim can file a lawsuit against the at-fault driver.
- Permanent Injury. If the victim sustains a permanent injury other than scarring or disfigurement, they can step outside the no-fault system.
- Significant and Permanent Scarring or Disfigurement. If the injuries result in significant and permanent scarring or disfigurement, a personal injury lawsuit can be filed.
- Death. In cases where the accident results in death, family members of the deceased can pursue a wrongful death claim against the at-fault driver.
Meeting any of these thresholds allows the victim to seek compensation for damages that are not covered under the no-fault system.
Types of Compensation Available if a Lawsuit is Successful
If a car accident victim in Florida meets the criteria to file a civil personal injury claim, they can seek various types of compensation beyond what PIP covers. These include:
- Medical Expenses. Unlike PIP, a personal injury lawsuit can cover all past, current, and future medical bills related to the crash. This includes long-term care costs, such as physical therapy and home modifications.
- Lost Wages and Loss of Earning Capacity. Victims can recover compensation for the total amount of lost wages and, if applicable, the loss of future earning potential if the injuries prevent them from returning to work or force them to take a lower-paying job.
- Pain and Suffering. This non-economic damage compensates victims for the physical pain and emotional distress caused by the car crash. Pain and suffering damages can increase the total compensation awarded.
- Loss of Consortium. If the accident adversely affects the victim’s relationship with their spouse, the spouse may be able to claim loss of consortium, which compensates for the loss of companionship and support.
- Punitive Damages. In cases where the at-fault driver’s actions were particularly reckless or egregious, the court may award punitive damages. These are intended to punish the wrongdoer and deter similar behavior in the future.
Understanding the distinction between no-fault compensation and the damages available through a personal injury lawsuit is crucial for car accident victims in Florida. While PIP provides immediate relief for certain economic damages, it may not fully cover all losses, especially in severe cases. Knowing when and how to step outside the no-fault system to pursue additional compensation can make a significant difference in the recovery process.
