Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

Brief overview of what Florida’s no-fault policy means for you

On Behalf of | Nov 27, 2020 | Car Accident In Florida |

According to the Florida Department of Highway Safety and Motor Vehicles, or the FLHSMV, in 2017, out of the 402,385 reported wrecks, 166,612 resulted in injuries of some type. From these, 16,574 caused debilitating harm. 

If you have recently suffered severe wounds in a vehicular crash, you may be wondering if you have legal recourse to gain compensation for your pain. Florida has a no-fault policy which does preclude personal injury lawsuits in some cases, but not all. 

Florida allows suing for some exceptions 

In Florida, you are not allowed to pursue a personal injury settlement if your injuries are minor. The law classifies an injury as serious enough to allow the filing of a lawsuit if it causes a disability, a loss of bodily functions, scarring or disfigurement that is both permanent and significant. You may also sue if your medical bills exceed $10,000. 

Florida requires insurance

The state bans personal injury lawsuits for less severe wounds because the state requires its drivers to have no-fault insurance. Individuals involved in car accidents must appeal to their insurance first regardless of fault. This insurance must cover at least $10,000 for injuries. 

Florida has a punitive damage cap

Punitive damages are not often part of automobile accident cases. For those incidents where judges do levy them, Florida generally caps them at $500,000 or three times the amount of other compensation received (whichever one is larger). There are, however, no caps placed on other recompense awarded in a personal liability case. 

Florida’s no-fault stance is in place to reduce lawsuits and provide protection for drivers. However, it does not completely take away the right for personal injury litigation. 

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