What Qualifies as a Serious Injury in a Car Accident Case?

August 25, 2021 | By Frankl Kominsky Injury Lawyers
What Qualifies as a Serious Injury in a Car Accident Case? It is important to understand the difference between a minor car accident case and one that involves a serious personal injury in Florida. While other states may have similar laws regarding car crash injuries, Florida laws have specific requirements that determine whether a car accident injury is classified as a serious one. This is why it is important to speak with a licensed lawyer about your Pompano Beach car accident injury claim (by appointment). If you or someone you care about was injured in a car crash, contact the law office of Frankl Kominsky Injury Lawyers to discuss your accident claim in a no-cost, initial evaluation. Our accomplished car accident lawyers in Pompano Beach have a wealth of legal knowledge, which includes four decades of combined legal experience. Let our personal injury lawyers serving Pompano Beach help you learn your legal options, so you can pursue the full and fair amount of compensation you may legally deserve. Below, we explain how the state of Florida defines serious injury law and what is required to file a car accident claim to pursue financial compensation. Knowing this information could help you make the right decision on whether you have the right to file a claim for damages.

How Does the Law Define a Serious Injury?

Since Florida is one of only 12 states in the country that is considered a no-fault state, this means that drivers are required to use their own automobile insurance to cover their injuries. All Florida drivers are required to carry the minimum Personal Injury Protection (PIP) coverage. However, having this type of coverage will only cover a maximum of up to $10,000 in damages. If your damages exceed this amount, you may need to pay the difference out-of-pocket, unless you have additional umbrella coverage, which is usually optional.  However, in accident cases that result in serious injury, the victim may have the right to file an injury claim and/or lawsuit against the at-fault driver. The law determines the serious injury threshold as anyone who may have suffered:
  • A permanent injury
  • Any permanent and significant disfigurement or scarring, or
  • Any permanent and significant loss of a bodily function
Since these terms leave room for interpretation, it is up to you with the help of your lawyer to prove how the injury may have impacted your life and your ability to participate and enjoy daily activities.

Common Examples of Serious Car Crash Injuries

Sometimes even the slightest fender bender can lead to serious and permanent injuries, which may require a lifetime of costly medical care and emotional therapy. This is why it is important that you seek immediate medical attention after experiencing a car accident.  Some common serious car accident injuries we have worked with, include: Whiplash – Severe whiplash has been known to cause possible long-term and sometimes permanent damage to the nerves, neck, back, and spinal cord.  Fractures or broken bones – Sometimes serious fractures and broken bones can lead to limited mobility, loss of function of the arms and legs, and permanent disability. Soft tissue damage, Internal bleeding, and organ damage – These are all common types of internal injuries that may result from a serious vehicle collision.  Severe lacerations, burns, scarring, and disfigurement – If the crash resulted in severe lacerations, burns, permanent scarring, or disfigurement, you could be eligible to seek compensation for these damages. Spinal cord damage – Serious spinal cord damage can lead to permanent disabilities, loss of function, and long-term pain and suffering.  Traumatic brain injuries – Often referred to as a TBI, traumatic brain injuries can cause a wide variety of permanent damage such as memory loss, blindness, loss of brain function, issues with motor skills, and may even lead to death.  Paralysis – Unfortunately, sometimes TBI’s and severe spinal cord injuries can cause either temporary or permanent paralysis, which may require a lifetime of expensive at-home care. This could possibly make returning to work to earn a meaningful wage impossible for victims.  Amputations – Sometimes the results of a serious car crash are so severe, it may force doctors to make a dreadful decision such as an amputation to save an injured victim’s life. Whether you or a loved one suffered one or more of the above injuries, financial compensation could be available, should you decide to file a car crash claim against the at-fault party. Discussing your situation with a serious injury law attorney could help protect your right to seek the damages you may need to make a full recovery.  

What if I Share Fault for the Accident?

In Florida, even if you share some fault for causing a car crash, you may still be eligible for a reduced amount of compensation, in what is known as Florida’s comparative negligence law. This means you could still recover financial compensation, minus your percentage of fault.  For example, if your original compensation award was determined to be $100,000 and you were found to be 20 percent at-fault for causing the crash, you would only receive $80,000. Unlike the laws in some other states, you could still qualify for compensation in Florida, even if your percentage of fault was found to be higher than the opposing party. 

Speak to an Attorney With an Impeccable Record

If you or a loved one was seriously injured in a car accident that was the result of the negligence of another, we recommend speaking with an attorney who has an impeccable record. While there are many serious injury law firms to choose from in Florida, it is important to do your research and choose one that has a proven history of successful verdicts and settlements.  At Frankl Kominsky Personal Injury Lawyers, our firm has helped serious injury victims of all types, including cases resting from car crashes. Altogether, our attorneys have combined to help recover more than $100 million in successful verdicts and settlements, on behalf of our past clients.  Our serious injury law attorneys are committed to helping car accident victims in the Pompano Beach area and throughout the great state of Florida (by appointment only). We take pride in serving our local community as we aim to protect the rights of injury victims and their families.  Call the law office of Frankl Kominsky Injury Lawyers today to set up a free claim evaluation. If your claim is viable, you could be eligible to seek the full and fair amount of compensation you may legally deserve. Call our firm today at (561) 800-8000, fill out a free online form, or chat with an online representative.

Legally Reviewed By: Steven L. Frankl

Steven L. Frankl represents clients in cases of catastrophic injury, wrongful death, motor vehicle accidents, trucking accidents, medical malpractice, and product liability, as well as slip/trip fall accidents and nursing home neglect. Mr. Frankl’s practice is built on the pursuit of justice and fair compensation for his clients.

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