swerving car wheel
12 Jul

What to Know About a Florida Bodily Injury Claim

A bodily injury claim is most commonly a request for compensation for expenses related to physical injuries that occurred during a car accident. These claims cover medical bills, lost wages, and other injury-related costs. These claims are generally covered by insurance when paid out, whether it’s the injured party’s insurance or the at-fault driver’s insurance.

Since Florida is a no-fault state, there are a few differences to keep in mind when filing for a bodily injury claim. Injured parties must use their own insurance to pay for medical bills after an accident; however, a lawsuit is permitted when the costs exceed a certain amount. You should seek treatment after a bodily injury, track expenses, and work with an attorney if you’re considering claiming more for compensation.

Most states require that drivers carry a certain amount of bodily liability insurance to pay for injuries to others in accidents, and for no-fault states like Florida, every driver’s insurance company has to pay for their policyholder’s expenses after a car accident — no matter who is at fault. This is also called PIP coverage so that small claims can be reimbursed quickly.

In Florida, a bodily injury claim is filed with your insurance company. While you can still sue the at-fault driver for bodily injury in Florida, it is only in situations where the injuries are severe or you have incurred substantial financial loss. If you’re considering the possibility of filing a claim, speak to a lawyer to understand the full scope of your legal options.
Bodily injury claims can be straightforward, but some factors can make them more difficult. For example, as soon as you’ve been injured, seek medical treatment. If you plan to make a bodily injury claim, you’ll want to have the medical documents and paperwork trail to testify to your bodily injury.

Always keep an eye on your medical bills. While most health professionals care about your recovery, some recognize you as an option to make more money by running unnecessary tests after an accident. Insurance adjusters know appropriate medical standards for testing and treatments related to vehicle accidents so they only approve payments for reasonable and necessary medical tests. Your insurance may not cover some medical bills, and so you need to be proactive in understanding tests and treatments.

No-fault states, including Florida, have a serious injury threshold, except the no-fault law. This threshold allows serious bodily injury victims to recover pain and suffering damages when their injuries meet specific standards. While most bodily injury victims recover damages through their PIP no-fault insurance policies, the threshold standards allow bodily injury victims to circumvent the no-fault system and bring a tort legal claim against the responsible driver.

A serious injury meets Florida’s threshold requirements when your injury results in significant permanent loss of a bodily function, permanent injury, significant scarring or disfigurement, or death. Only one of these items must be met to qualify to bring a claim, but it’s up to the jury to decide if you truly meet the qualifying conditions.

While most bodily injuries will fall under the general rule of no-fault personal insurance, some situations may have the option of bringing a claim against the responsible party. It can be difficult to recognize that requirements are met in some cases.

At Carrillo Injury Law, we make a point to offer you every legal option available to your specific situation. Speak with a bodily injury lawyer for a free consultation by emailing office@carrilloinjurylaw.com or calling 352-371-4000.