Florida is a no-fault insurance jurisdiction. This means that no-fault rules apply in accident cases. When an auto wreck occurs,therefore,the auto insurer of the involved drivers will cover all the liabilities their policyholders and passengers will be exposed to. After getting into a crash,therefore,all the parties involved can be assured of getting guaranteed payments from their insurer to cover property damage and medical bills among other things.
Serious Injury Threshold in Florida
This is one of the most important Florida injury laws to know. Since Florida is a no fault state,there is usually no need to go to court to get compensation as insurers normally offer guaranteed payouts to policyholders after an accident. However,Florida law makes it possible for the injured party to pursue the at-fault party for proper compensation for their injuries. In Florida,you can file an injury lawsuit if your injuries have passed the serious injury threshold. If the incident led to permanent or significant loss of bodily function,you can sue. If there was a fatality,you can sue. Significant or permanent scarring/disfigurement is also considered a serious injury. If you suffered permanent injury other than scarring or disfigurement,you are allowed to sue the at fault party in Florida.
Principle of Comparative Fault
In Florida,rules of comparative fault are considered. For starters,if you are partially to blame for the injuries,you can only recover a fraction of the award. For instance,if your injuries total $1 million,but you were 20% responsible for the injuries,you can only recover up to $800,000 in damages. It is important to note that anyone who is found to be 10% or less at fault for your injuries will not pay for your injuries out of your pocket. If there is more than one party to blame for your injuries,each will have to pay for their percentage contribution to your injuries.